[Ord. No. 2766 §1(120.010), 4-1-2002]
These regulations entitled the "Harrisonville Subdivision Regulations"
prescribe minimum design requirements and uniform approval procedures
for the development of new subdivisions and resubdivisions of land
in Harrisonville, Missouri.
[Ord. No. 2766 §1(120.020), 4-1-2002; Ord.
No. 3637, 3-20-2023]
Responsible land subdivision is the initial step in the process
of orderly community development. Once land has been divided into
streets, lots and blocks and publicly recorded, the correction of
defects is difficult and costly. These regulations are adopted for
the following purposes:
A.
To
protect and provide for the public health, safety and general welfare
of the City.
B.
To
guide the future growth and development of the City in accordance
with the Comprehensive Plan.
C.
To
provide for adequate light, air and privacy, to secure safety from
fire, flood and other danger and to prevent overcrowding of the land
and undue congestion of population.
D.
To
protect the character and the social and economic stability of all
parts of the City and to encourage the orderly and beneficial development
of the community through appropriate growth management techniques.
E.
To
protect and conserve the value of land throughout the City and the
value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
F.
To
guide public and private policy and action in order to provide adequate
and efficient transportation, water, sewer, schools, parks, recreation
and other public facilities.
G.
To
provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the City,
having particular regard to the avoidance of congestion in the streets
and highways and the pedestrian traffic movements appropriate to the
various uses of land and buildings and to provide for the proper location
and width of streets and building lines.
H.
To
establish reasonable standards of design and procedures for subdivisions
and resubdivisions in order to further the orderly layout and use
of land and to ensure proper legal descriptions and monumenting of
subdivided land.
I.
To
ensure that public facilities and services are available concurrent
with development and will have a sufficient capacity to serve the
proposed subdivision and that the City will be required to bear no
more than its fair share of the cost of providing the facilities and
services through requiring the developer to pay fees, furnish land
or establish mitigation measure to ensure that the development provides
its fair share of infrastructure needs generated by the development.
J.
To
prevent the pollution of air, streams and ponds; assure the adequacy
of drainage facilities; to safeguard the water table and to encourage
the wise use and management of natural resources throughout the municipality
in order to preserve the integrity, stability and beauty of the City
and the value of the land.
K.
To
preserve the natural beauty and topography of the City and to ensure
appropriate development with regard to these natural features.
L.
To
provide for open spaces through the most efficient design and layout
of the land, including the use of average density in providing for
minimum width and area of lots, while preserving the density of development
as established in the Zoning Ordinance of the City.
M.
To
ensure that land is subdivided only when subdivision is necessary
to provide for uses of land for which market demand exists and which
are in the public interest.
N.
To
remedy the problems associated with inappropriately subdivided land,
including premature subdivision, excess subdivision, partial or incomplete
subdivision, scattered and low-grade subdivision.
[Ord. No. 2766 §1(120.030), 4-1-2002]
The requirements and recommendations set forth herein are designed
to encourage orderly growth for the City of Harrisonville through
responsible land subdivision and are adopted under the authority established
by Sections 89.300 through 89.480, RSMo., and by other applicable
laws, Statutes, orders and regulations of the State of Missouri and
the City of Harrisonville.
[Ord. No. 2766 §1(120.040), 4-1-2002]
This Section shall apply to all subdivision of land within the
corporate limits of the City of Harrisonville as presently exists
or as hereafter established and to unincorporated land in Cass County
within one (1) mile of the corporate limits or within one-half (½)
mile of the limits of intended annexation.
[Ord. No. 2766 §1(120.050), 4-1-2002; Ord.
No. 3637, 3-20-2023]
The requirements of these subdivision regulations shall apply
to any owner or owners desiring to:
[Ord. No. 2766 §1(120.060), 4-1-2002; Ord.
No. 3638, 3-20-2023]
Notwithstanding the requirements of Sections 410.030 through 410.050, these subdivision regulations shall not apply in the following instances or transactions:
A.
The
division or further division of land into lots or parcels, each of
which contains more than forty (40) acres, where such subdivision
does not involve the creation of any new streets, access easements
or landlocked parcels.
B.
A transaction
between owners of adjoining land which involves only a change in the
boundary between the land owned by such persons and does not create
an additional lot or non-conformity.
C.
A conveyance
of land or interest therein for use as right-of-way or other public
utilities subject to State or Federal regulation, where no new street
or easement of access is created.
D.
A conveyance
made to correct a description in a prior conveyance.
E.
Any
transfer by operation of law.
F.
A division
of property through inheritance, the probate of an estate, or by order
of a court of law.
G.
The
creation of a leasehold for a space within a multi-occupant building
or a commercial building site, provided that the property is a part
of an approved subdivision or addition and regulated in accordance
with the site plan requirements.
[Ord. No. 2766 §1(120.070), 4-1-2002; Ord.
No. 3503, 8-3-2020; Ord. No. 3638, 3-20-2023]
In order to prevent the premature development of land which
might pose a threat to the health, safety or general welfare of the
community at large, or the occupants of land in the particular area
of the City, it shall be the policy of the City that no application
for preliminary or final plat shall be approved unless public facilities
and services, which are adequate to serve the development, are either:
[Ord. No. 2766 §1(120.080), 4-1-2002; Ord.
No. 3503, 8-3-2020; Ord. No. 3638, 3-20-2023]
The Director shall be responsible for enforcing the following
requirements regarding the subdivision and platting of property:
A.
No
subdivision (except a minor subdivision as defined herein) may be
developed in the City until both a preliminary and a final plat have
been submitted and approved and all applicable conditions of this
Chapter have been satisfied.
B.
No
person shall create a minor subdivision, plat amendment, resurvey
or any other similar act within the City, except in conformance with
the provisions of this Chapter.
C.
No
lot, tract or parcel of land shall be divided by a metes and bounds
description for the purpose of sale, transfer, or lease except in
conformity with these regulations.
D.
No
subdivision shall contain a lot that is less than the minimum dimensional
standards set out in the applicable zoning district regulations.
E.
No
lot, tract or parcel of land as part of any plat or replat of any
subdivision shall be sold or offered for sale, traded or otherwise
conveyed unless the plat or replat first shall have been approved
in accordance with the provisions of this Chapter and recorded in
the Office of the Cass County Recorder of Deeds.
F.
No
building permit shall be issued for the construction of any building
or structure located on a lot, tract or parcel or plat divided or
sold in violation of the provisions of this Chapter.
G.
No
building permit shall be issued for a lot that is not platted as required
by this Chapter.
H.
No
person shall change any recorded subdivision plat if the change affects
any street layout shown on the plat, or area reserved for public use,
or any lot line, or if it affects any map legally recorded prior to
the effective date of this Chapter, unless the parcel shall be approved
by the City under the procedures established by this Chapter.
I.
No
changes, erasures, modifications or revisions shall be made to any
plat after approval has been given by the Governing Body unless the
plat is first resubmitted for review and approval as required by this
Chapter.
[Ord. No. 2766 §1(120.090), 4-1-2002; Ord.
No. 3637, 3-20-2023]
A.
In
their interpretation and application, the provisions of these subdivision
regulations shall be held to be the minimum requirements for the promotion
of the public health, safety and general welfare.
B.
Conflict
With Public And Private Provisions.
1.
Public Provisions. These regulations are not intended to interfere
with, abrogate or annul any other City ordinance, rule or regulation,
statute or other provision of law. Where any provision of these subdivision
regulations imposes restrictions different from those imposed by any
other provision of these subdivision regulations or any other City
ordinance, rule or regulation or other provision of law, whichever
provisions are more restrictive or impose higher standards shall control.
2.
Private Provisions. These regulations are not intended to abrogate
any easement, covenant or any other private agreement or restriction,
provided that where the provisions of these subdivision regulations
are more restrictive or impose higher standards or regulations than
such easement, covenant or other private agreement or restriction,
the requirements of these subdivision regulations shall govern. Where
the provisions of the easement, covenant or private agreement or restriction
impose duties and obligations more restrictive or higher standards
than the requirements of these subdivision regulations or the determinations
of the Planning and Zoning Commission or the Board of Aldermen in
approving a subdivision or in enforcing these subdivision regulations
or determinations thereunder, then such private provisions shall be
operative and supplemental to these subdivision regulations and determination
made thereunder.
[Ord. No. 2766 §1(120.100), 4-1-2002]
A.
A subdivision
of land which was not lawfully existing at the time of the adoption
of these subdivision regulations shall not become or be made lawful
solely by reason of the adoption of these subdivision regulations.
B.
The
provisions of these subdivision regulations are cumulative and additional
limitations upon all other laws and ordinances heretofore passed or
which may be passed hereafter governing any subject matter set forth
in the provisions of these subdivision regulations.
[Ord. No. 2766 §1(120.110), 4-1-2002]
If any part or provision of these subdivision regulations or
application thereof to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
Chapter or the application thereof to other persons or circumstances.
The Planning and Zoning Commission hereby declares that it would have
enacted the remainder of these subdivision regulations even without
any such part, provision or application.
[Ord. No. 2766 §1(120.120), 4-1-2002]
A.
The
subdivision of land is a privilege conferred upon the developer by
the laws of the State of Missouri and through these subdivision regulations.
It is the developer who is seeking to acquire the advantages of lot
subdivision and upon him/her rests the duty of compliance with reasonable
conditions imposed by the Planning and Zoning Commission and the Board
of Aldermen. The Planning and Zoning Commission and the Board of Aldermen
are hereby authorized to impose such conditions upon the approval
of a preliminary plat or final plat, as applicable, in order to ensure
that this Chapter's purposes are achieved.
B.
In
addition to any such conditions imposed by the Planning and Zoning
Commission and/or the Board of Aldermen, the developer of a subdivision
has the duty to comply with the conditions and requirements provided
in this Chapter for design, dedication, improvement and restrictive
use of land so as to conform to the physical and economic development
of the City and to the safety and general welfare of future lot owners
in such subdivision and of the community at large.
[Ord. No. 2766 §1(120.130), 4-1-2002]
The adoption of these Subdivision Regulations repeals the existing
Harrisonville Subdivision Regulations contained in Ordinance 1831
dated June 10, 1991. Despite the repeal of regulations existing at
the time of adoption of these regulations, nothing contained in these
Subdivision Regulations shall affect any rights accrued or liabilities
incurred under said previously existing regulations.
[Ord. No. 2766 §1(120.140), 4-1-2002]
These regulations, being designated as the "Subdivision Regulations
of Harrisonville, Missouri", shall be in full force and effect from
and after their passage and publication as provided by law.
[Ord. No. 2766 §1(120.150), 4-1-2002]
These Subdivision Regulations may be changed or amended in accordance
with Section 89.400 et. seq., RSMo. Such changes or amendments may
be adopted at any time after the Planning and Zoning Commission has
held at least one (1) duly advertised public hearing on the proposed
change or amendment. No changes or amendments adopted by the Planning
and Zoning Commission shall become effective unless and until the
same have been submitted to and approved by the Board of Aldermen
after a duly advertised public hearing.
