[Ord. No. 94-2, 1-11-1994]
This Chapter shall be known and may be cited as the "Village
of Indian Point Subdivision Regulations."
[Ord. No. 94-2, 1-11-1994]
A.
This Chapter is adopted pursuant to the authority contained in Chapter
89 of the Revised Statutes of Missouri.
B.
The regulations contained in this Chapter are adopted for the following
purposes:
1.
To protect and provide for the public health, safety and general
welfare of Indian Point.
2.
To provide for adequate light, air, open spaces and to protect
from flooding and other dangers.
3.
To provide for adequate transportation and circulation throughout
the Village of Indian Point and to ensure the adequate provision of
water, sewer and other public utilities and public services.
4.
To prevent the pollution of water resources and to ensure the
adequacy of drainage facilities.
5.
To conserve and protect the natural beauty and resources of
the Village of Indian Point.
6.
To preserve and protect the value of land and buildings through
minimizing land development conflicts and encouraging reasonable standards
of subdivision design and orderly layout of land.
7.
To establish and facilitate adequate and accurate records of
land subdivision.
C.
The provisions of this Chapter shall be administered to ensure orderly
growth and development and shall supplement and implement the policies
of the Village of Indian Point Master Plan, other planning documents
and related land development ordinances, and the capital budget.
[Ord. No. 94-2, 1-11-1994]
This Chapter shall be effective throughout the Village's planning
jurisdiction which comprises the area within the corporate boundaries
of the Village of Indian Point.
[Ord. No. 94-2, 1-11-1994]
This Chapter shall be in full force and effect from and after
passage.
[Ord. No. 94-2, 1-11-1994]
When necessary to further its purposes and to promote Village
interests, this Chapter may be amended pursuant to procedures of state
law (Section 89.410, RSMo.).
[Ord. No. 94-2, 1-11-1994]
A.
Reasonable fees to cover the costs of administration, inspection
and similar matters may be charged to applicants for subdivision plat
approval, appeals and variances. A list of all established fees related
to land development is available from the Chairman of the Planning
and Zoning Commission.
[Ord. No. 94-2, 1-11-1994]
The burden of proof shall be upon the applicant in all proceedings
pursuant to this Chapter. The applicant is presumed to have knowledge
of the requirements of this
Chapter and is obligated to meet the requirements unless a variance
is granted.
[Ord. No. 94-2, 1-11-1994]
A.
In their interpretation and application, the provisions of this Chapter
shall be held to be the minimum requirements. More stringent provisions
may be required if it is demonstrated that different standards are
necessary to promote the public health, safety and general welfare.
B.
Where the conditions imposed by any provision of this Chapter are
either more restrictive or less restrictive than conditions imposed
by any other provision of this Chapter or other applicable law, ordinance,
rule or regulation, the regulations which are more restrictive and
which impose a higher standard shall govern.
C.
The provisions of this Chapter are separable. If any section, sentence,
clause or phrase of this Chapter is for any reason held to be invalid
by a court of competent jurisdiction, the decision shall not affect
the remaining portions of this Chapter.
[Ord. No. 94-2, 1-11-1994]
A.
Except as hereinafter specified, these regulations shall apply to
all subdivisions of land within Indian Point, including:
1.
The division of any tract of land into two (2) or more tracts
or lots.
2.
Any land offered for sale, lease or development involving real
property consisting of an undivided interest in common with other
purchasers in a portion of a parcel of real property, together with
a separate interest in space in a building or other improvements (for
example, condominium development).
3.
The dedication or vacation of any public street, alley or easement.
4.
Re-subdivision of any tract of land or portion of a tract, vacant
or improved.
5.
Development of any subdivision for which a plat has been recorded
in the office of the Stone County Recorder of Deeds prior to the effective
date of this Chapter, where development or improvements have not commenced
within two (2) years after the effective date of this Chapter.
B.
The following divisions of land are exempt from these regulations:
1.
Transfer of interests by inheritance or pursuant to court order.
2.
Transfers of remainders resulting from the exercise of eminent
domain or the threat thereof.
3.
Leases for a term not to exceed ten (10) years.
4.
Leases on federally owned land.
5.
Foreclosure of a deed of trust or other security instrument.
6.
The sale or exchange of parcels of and between owners of adjoining
property if additional lots are not thereby created.
C.
No land shall be subdivided within the incorporated area except in
conformance with the provisions of this Chapter.
D.
The Stone County Register of Deeds shall not record a plat of any
subdivision within the Village limits unless the plat has been approved
in accordance with the provisions of this Chapter. In the event any
such unapproved plat is recorded, it shall be considered invalid and
the Board of Trustees shall institute proceedings to have the plat
stricken from the records of the county.
E.
No owner, or agent of the owner, of any land located within the platting
jurisdiction of the Village, knowingly or with intent to defraud,
may transfer, sell, agree to sell, or negotiate to sell that land
by reference to or by other use of a plat of any purported subdivision
of the land before the plat has been approved by the Board or Planning
and Zoning Commission and recorded in the office of the appropriate
County recorder unless the owner or agent shall disclose in writing
that such plat has not been approved by such Board or Planning and
Zoning Commission and the sale is contingent upon the approval of
such plat by such Board or Planning and Zoning Commission. Any person
violating the provisions of this Subsection shall forfeit and pay
to the Village a penalty not to exceed three hundred dollars ($300.00)
for each lot transferred or sold or agreed or negotiated to be sold;
and the description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the transaction from this penalty. The Village may enjoin
or vacate the transfer or sale or agreement by legal action, and may
recover the penalty in such action. (Section 89.450, RSMo.)
F.
No certificate of occupancy shall be issued for any lot, parcel of
tract of land which was created after the effective date of this Chapter
and which is not in conformance with the provisions of this Chapter.
G.
No excavation of land or construction of any public or private improvements
shall take place or be commenced prior to obtaining a compliance permit
and except in conformity with the provisions of this Chapter.
H.
No changes, erasures, modifications or revisions shall be made in
any plat of a subdivision after final approval has been given by the
Commission and endorsed in writing on the plat, unless the plat is
first resubmitted to the Commission.
[Ord. No. 94-2, 1-11-1994]
A.
Any plat or any part of any plat may be vacated by the owner, at
any time before the sale of any lot therein, by a written instrument,
to which a copy of such plat shall be attached declaring the same
to be vacated.
B.
Such an instrument shall be approved by the Board of Trustees in
like manner as plats of subdivisions. The Board of Trustees may reject
any such instrument which abridges or destroys any public rights in
any of its public uses, improvements, streets or other public rights-of-way.
Such an instrument shall be executed, acknowledged or approved and
recorded, in like manner as plats of subdivisions. Upon recording,
the instrument of vacation shall eliminate the force and effect of
the recording of the plat so vacated, and will divest all public rights
in the streets, public grounds and rights-of-way, and all dedications
laid out or described in such plat.
C.
Where lots have been sold, the plat may be vacated in the manner
herein provided by all the owners of lots in such plat joining in
the execution of such instrument.
