Willard City Zoning Code
ARTICLE XII
Minor Subdivision Procedure
Section 400.1000 Applicability and Intent.
[Ord. No. 020227 §1(12.1), 2-27-2002]
The intent of this Article is to provide for the subdivision of a tract or parcel into not more than three (3) lots, including any remainder proposed to be retained by the owner, provided that public improvements are not required and the resulting lots shall not again be divided without replatting. Minor subdivisions shall be approved or disapproved in accordance with the provisions of this Article.
Section 400.1010 Submission of Minor Subdivision Application.
[Ord. No. 020227 §1(12.2), 2-27-2002]
A.
An application for minor subdivision approval shall be submitted to the City Clerk no less than fifteen (15) days prior to the scheduled Commission meeting. The application shall be accompanied by eight (8) copies of the following:
1.
Certified survey signed and sealed by a registered land surveyor of the lot(s) and the location of any structure(s) thereon, together with the exact nature, location and dimension of the proposed minor subdivision.
Section 400.1020 Approval of Minor Subdivision.
[Ord. No. 020227 §1(12.3), 2-27-2002]
A.
Standards For Minor Subdivision Approval. The Commission shall review applications for minor subdivisions based on the following guidelines. No minor subdivisions shall be approved if:
1.
More than three (3) lots will be created.
2.
New streets or alleys are needed or proposed.
3.
A vacation of streets, alleys, easements, setback lines or access control is needed or proposed.
4.
There is less street right-of-way than required by this Chapter, unless such dedication can be made by separate instrument.
5.
A substandard sized lot will be created.
6.
The subdivision will result in a lot or tract without direct access to a street.
7.
The extension of a public water or sewer system is needed or proposed.
8.
The installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots is needed or proposed.
9.
The subdivision will result in significant increases in utilities and services levels or will interfere with maintaining existing utilities and service (e.g., traffic control, street maintenance, etc.).
10.
The tract or lot to be subdivided has been previously created through the minor subdivision procedures of this Chapter.
B.
Commission Decision On Minor Subdivision. The Commission shall make a determination within sixty (60) working days of the meeting at which the minor subdivision is considered. The Commission shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section 400.120 or the proposed subdivision fails to comply with Section 400.1020(A) or any other applicable requirement of this Chapter. If the subdivision is disapproved, the Commission shall provide the applicant with a written statement of the reasons for denial within ten (10) days of action by the Commission.
C.
Appeal To Board Of Aldermen. Actions taken by the Commission regarding disapproval of a minor subdivision application are final unless such action is appealed by the applicant to the Board of Aldermen within sixty (60) working days of action by the Commission. The Board of Aldermen may override the disapproval of the minor subdivision application by the Commission with the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Board. Review by the Board of Aldermen shall be based on the record made before the Commission and shall conform to the requirements of Section 400.1020(A) and Section 89.460, RSMo.
D.
Board Of Aldermen Decision On Minor Subdivision. If the Commission approves the minor subdivision application, the Commission shall forward its recommendation and findings to the Board of Aldermen. The Board of Aldermen shall consider the recommendations of the Commission and shall either approve or disapprove the minor subdivision. If the subdivision is disapproved, the Board of Aldermen shall provide the applicant with a written statement of the reasons for denial within ten (10) days of action by the Board.
E.
Recording.
1.
Approval of the minor subdivision is contingent upon the survey being recorded after the approval certificates are signed and sealed under the hand of the City Clerk. The approval certificates on two (2) copies of the survey shall be so signed and sealed. The applicant shall be responsible for submitting the copies of the survey for signature and the applicable recording fees to the City within ten (10) days after approval of the minor subdivision by the Board of Aldermen. The City will cause the documents to be recorded and shall return one (1) copy to the applicant.
2.
Should the applicant fail to supply the documents and applicable recording fees within ten (10) days after approval by the City, the approval of the Commission and the Board of Aldermen shall be null and void unless an extension of time is requested by the applicant in writing and is granted in writing by the Commission before the expiration date.
3.
The sale of lots and construction of structures shall not commence until the final plat has been recorded.
Section 400.1030 Certifications For Minor Subdivision.
[Ord. No. 020227 §1(12.4), 2-27-2002]
A.
The following certificates shall be signed and affixed to the minor subdivision survey:
1.
Legal description of subdivision and lots (to be entered on certification sheet).
2.
Certificate of Ownership.
(I, we) (Name), hereby certify that (I am or we are) the owner of property described hereon, which property is within the jurisdiction of the City of Willard, Missouri, and that (I or we) freely adopt this plan of subdivision. | ||
|---|---|---|
Date | Owner Signature | |
3.
Acknowledgment.
STATE OF MISSOURI | ) | |||
) | SS | |||
COUNTY OF GREENE | ) | |||
On this ______ day of _______________, 20___, before me personally appeared ____________________, to me known, who, duly sworn, did say that they are the persons described herein and that the same executed the foregoing instrument as their free act and deed. In witness whereof, I have hereunto set my hand and affixed my official seal in my office in ____________________, Greene County, Missouri. | ||||
Notary Public | (SEAL) | |||
My Commission Expires | ||||
4.
Certificate of Survey and Accuracy.
Know All Men By These Presents: | |||
That I, _______________, do hereby certify that this plat was prepared under my supervision from an actual survey of the land herein described, prepared by _______________ dated _______________ and signed by _______________ L.S. No. _______________ and that the monuments and lot corner pins shown herein were placed under the personal supervision of _______________ L.S. No. _______________ in accordance with the Missouri Minimum Standards for Property Boundary Surveys and the Subdivision Regulations of Willard, Greene County, Missouri. | |||
Signature | L.S. No. | Date | |
5.
Certificate of Approval — Planning and Zoning Commission.
I hereby certify that the subdivision as shown on this survey has been approved by the City of Willard, Missouri Planning and Zoning Commission this _____ day of _______________, 20____. | |
|---|---|
Executive Secretary |
6.
Certificate of Approval — Board of Aldermen.
I, (Name), City Clerk of Willard, Greene County, Missouri, hereby certify that the subdivision shown on this survey was accepted and approved by the Board of Aldermen of the City of Willard by Ordinance No. __________ on the_____ day of _______________, 20____. | |
(SEAL) City Clerk |
7.
Recorder's Certificate.
I, _______________, Recorder of Greene County do hereby certify that the within instrument of writing was on the _____ day of _______________, 20____. AD at ______ o'clock ______ Min ______ M duly filed for record and is recorded in the records in this office in Book ______ at page______ In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in Springfield, Missouri, this _____ day of _______________, 20____. |