[R.O. 2011 § 405.020; Ord. No.
1161 § 1, 11-18-2013]
These regulations shall be known and cited as the "Subdivision
Regulations of Owensville, Gasconade County, Missouri," and are intended
to provide for the harmonious development of incorporated areas within
the City of Owensville, Missouri; for the coordination of subdivision
streets with other existing or planned streets or with other features
of the Comprehensive Plan of Owensville, Missouri; for adequate open
spaces, recreation, light and air; and for a distribution of population
and traffic which will tend to create conditions favorable to health,
safety, convenience and prosperity. These provisions apply to all
subdivisions of land within the City of Owensville.
[R.O. 2011 § 405.030; Ord. No.
1161 § 1, 11-18-2013]
All subdivision plans shall be in harmony with the Comprehensive
Plan, zoning district regulations, minimum design and development
standards and other requirements herein and other ordinances and regulations
adopted by the City of Owensville. Insofar as the Comprehensive Plan
does not indicate size, location, direction or extent of a street,
the arrangement of streets in a subdivision shall provide for the
continuation of the principal streets existing when adjoining property
is subdivided or developed.
[R.O. 2011 § 405.040; Ord. No.
1161 § 1, 11-18-2013; Ord. No. 1384, 3-7-2022]
A.
Generally.
1.
No land within the limits of the City of Owensville shall be
subdivided after the adoption of these regulations without complying
with the provisions of this Chapter.
2.
Where a tract of land is proposed to be subdivided in several
stages over a period of years and the subdivider requests approval
in parts, he/she shall submit a detailed plan of the entire tract
to be developed at the time of submission of request for the first
section with appropriate sectioning to demonstrate to the Commission
that the total design, as proposed for the entire subdivision, is
feasible. The Commission may give preliminary approval to the overall
plan and final approval on the parts as submitted from time to time.
3.
The provisions of this Chapter shall be held to be the minimum
requirements necessary in the subdivision of land.
4.
Where a tract of land to be subdivided abuts a street requiring
additional right-of-way for future widening purposes, any width taken
or to be taken shall not be subtracted from the net area for building
sites and shall not increase the front building setback line.
5.
All interpretations of these rules and regulations are reserved
to the administrative bodies referred to herein.
6.
No lot, tract or parcel which has been included as part of any
boundary adjustment or subdivision shall be included in any petition
or application for a subdivision or boundary adjustment for a period
of one (1) year after City approval of the boundary adjustment or
subdivision.
7.
Nothing herein shall be interpreted to apply to the subdivision
of land by the City for streets or other rights-of-way purposes.
B.
Boundary Adjustments.
1.
Purpose. The purpose of this Section is to allow adjustments
to lot lines of platted lots or other lawful parcels for the purpose
of adjusting the sizes, frontages or configuration of buildable lots;
however, it is not intended that extensive replotting be accomplished
by use of this Section.
3.
Procedure.
a.
A boundary adjustment shall be accomplished by plat or other
documentation acceptable to the City (in the City's sole and absolute
discretion), but must, at a minimum, include an adequate legal description,
prepared by a Professional Land Surveyor, Title Company or Attorney,
of the boundaries of the original lots and of the adjusted lots.
b.
The boundary adjustment plat or plats (or other documentation)
shall be submitted to the Administrative Official for review and may
be approved administratively by the Administrative Official if no
plat approval is involved. In the event that the Administrative Official
determines that the boundary adjustment reasonably could negatively
impact public facilities or infrastructure, traffic or public safety,
or is inconsistent with any of the purposes or requirements of this
Code, the Administrative Official may either deny the boundary adjustment
or require modifications consistent with this Code if applicable or
may refer the application to the Board of Aldermen, which shall review
and approve, modify or deny the boundary adjustment by motion or resolution
consistent with the purposes and requirements herein. Improvement
plans and installation of public improvements shall not be required
solely for a boundary adjustment approval unless determined necessary
to meet requirements of public safety or other purposes of this Code.
4.
Exceptions. Boundary adjustments shall be permitted by administrative
approval, provided such adjustment does not create more than four
(4) lots, and allows for the correction of historical platting deficiencies,
or reduces the non-conformity of existing lots. Such application shall
be submitted to the Administrative Official, and if they determine
that: (1) the boundary adjustment creates no more than four (4) lots;
(2) the boundary adjustment reduces the existing non-conformities
with the properties at issue, or addresses historical platting deficiencies
without causing non-conformities with the City's Zoning Code; and
(3) to grant the boundary adjustment will not be detrimental to the
health, safety and welfare of the City's residents nor violate the
spirit and intent of the City's Zoning Code, then they shall grant
the boundary adjustment. Any person aggrieved by a decision of the
Administrative Official hereunder may appeal such decision to the
Board of Aldermen within ten (10) days, which shall then make an order
it deems appropriate.
C.
Condominium Plats.
D.
Minor Subdivisions.
1.
Purpose. The purpose of this Section is to provide a simplified administrative review and approval procedure for minor subdivisions as defined in Section 405.010 of this Code.
2.
Procedure. Minor subdivisions shall be exempt from the following
processing requirements unless otherwise required by the Administrative
Official:
3.
In all other respects, minor subdivisions shall meet the preparation
and processing requirements of this Chapter.
E.
Separability. If any part, Section, paragraph, clause, or provision
of these regulations is declared unconstitutional or invalid by a
court of competent jurisdiction, such judgment shall not affect, impair,
invalidate, or nullify the remainder of said regulations.
[R.O. 2011 § 405.050; Ord. No.
1161 § 1, 11-18-2013]
A.
Preapplication Conference. In order to make the most of opportunities
related to the proposed subdivision and to conserve time, effort and
expense, the owner or subdivider should consult with the Administrative
Official prior to the preparation of the preliminary plat for the
subdivision.
B.
Filing Of Preliminary Plat.
1.
A developer desiring approval of a preliminary plat of a subdivision
of any land lying within the City of Owensville shall submit to the
Commission a written application for such approval prepared on printed
forms provided by the Administrative Official. Such application shall
be accompanied by plans and information prepared in accordance with
the requirements set forth in this Chapter.
2.
The completed application and prints of the required drawings
shall be submitted no later than thirty (30) days prior to the Commission
meeting at which initial consideration is desired.
3.
Fees. A fee in the amount set forth in Chapter 400, Zoning Regulations, Section 400.670(D)(4), shall be paid to the City Clerk at the time of submission of the preliminary plat. No action of the Commission or Board of Aldermen shall be valid until the fees have been paid to the City. This fee shall be charged on all preliminary plats, regardless of action taken, whether the plat is approved or disapproved. The City Clerk shall notify the Commission in writing when the filing fees have been paid.
4.
Review And Hearings. The preliminary plat shall be reviewed by the Commission and the Board of Aldermen to determine whether the plat is in harmony with the requirements of this Chapter, and public hearing before the Commission and notice thereof shall be held in conformance with the procedures in Chapter 400, Zoning Regulations, Section 400.660, provided that no deficiency in such process shall affect the validity of any decision.
5.
Planning And Zoning Commission Review/Board Approval. Once the
preliminary plat is reviewed by the Commission, the Board of Aldermen
shall be notified in writing of its recommendation. The Board of Aldermen
may approve the preliminary plat, may approve the preliminary plat
with conditions or deny the preliminary plat. Once the preliminary
plat is approved by the Board of Aldermen by resolution, the applicant
may proceed with the preparation of the final plat.
6.
Tree removal, grading, or installation of improvements shall
not be started until the preliminary plat has been approved. Approval
of the preliminary plat is an authorization to prepare the final plat,
complete engineering designs and commence grading and improvements,
but shall not constitute approval of the subdivision for recording,
the sale of lots, or any other purpose.
C.
Approval Of Final Plat.
1.
Submission Of Final Plat. The final plat, prepared in accordance with the requirements set forth herein and accompanied by improvement plans, signed by a professional engineer, containing the data and information outlined in Article IV of this Chapter, shall be submitted to the Planning and Zoning Commission for approval. In addition to the actual final plat itself, the submission shall include the following items:
2.
Review And Hearings. The final plat shall be reviewed by the Commission and the Board of Aldermen to determine whether the plat is in harmony with the requirements of the preliminary plat and of this Chapter, and public hearing before the Commission and notice thereof shall be held in conformance with the procedures in Section 400.660.
3.
Final Approval; Recording. Following review of the final plat
by the Commission, the plat, together with all supporting data, shall
be forwarded to the Board of Aldermen for final approval. Approval
of the final plat by the Board of Aldermen shall be by ordinance and
shall be certified on the document to be filed for record over the
signature of the City Clerk and the Seal of the City of Owensville.
After the Board of Aldermen has approved the performance guarantee
posted by the developer, if applicable, the final plat, endorsed with
the approval of the Board of Aldermen, together with a certified copy
of the ordinance granting such approval, shall be filed for record
with the Gasconade Recorder of Deeds at the sole expense of the developer
within ninety (90) days of the passage of the ordinance, or said ordinance
and subdivision plat approval shall become null and void. Within ten
(10) days after the recording of the final plat, the developer shall
file with the City Clerk one (1) mylar print and two (2) paper prints
of the recorded plat, all of which shall bear the print of the Recorder's
stamp thereon. The City, at its option, may record the plat and return
a copy to the applicant at its cost.
