[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.
2. 
Boundary Adjustment Criteria. Boundary adjustments must meet the following criteria:
a. 
No additional buildable lot shall be created by any boundary adjustment.
b. 
The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required by the City of Owensville Zoning Code.
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.
1. 
Purpose. The purpose of this Section is to allow administrative review and approval of condominium plats as defined by Chapter 448, RSMo.
2. 
Condominium Plat Criteria. The condominium plat shall comply with the requirements of a condominium plat as established by Chapter 448, RSMo.
3. 
Procedure. Except as otherwise provided by law or approved by the Board of Aldermen of the City, the plat shall follow the procedure set forth in Section 405.050 for subdivision platting.
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:
a. 
Review and approval by the Planning and Zoning Commission of the preliminary plat; and
b. 
Review and approval by resolution of the Board of Aldermen of the preliminary plat.
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:
a. 
Four (4) copies of improvement plans for the subdivision.
b. 
Detailed estimate and certification of the cost of the proposed improvements prepared by the developer's engineer.
c. 
Performance guarantee assuring completion of the proposed improvements.
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.