[Ord. No. 2015-1170 § 1, 7-6-2015]
It shall be an ordinance violation, unless exempted under this
Article, for a person to sell, buy or otherwise transfer any future
or present interest in real estate within a platted subdivision of
the Town if the sale results in the resubdivision of the platted property,
including the combining of lots or splitting of lots, without there
being filed a minor subdivision plat of the combined or split lots
which has been approved by the Town.
[Ord. No. 2015-1170 § 1, 7-6-2015]
A.
The Zoning Administrator has the authority to approve minor subdivision
re-plats involving lot combinations or lot splits in which the configuration
of the property is created by the combination or splitting of platted
lots of existing subdivisions of the Town under the following circumstances.
1.
Lot Combination Or Splitting — No Substantial Impact.
A lot combination or splitting upon a finding by the Zoning Administrator
that the proposed lot combination or splitting does not substantially
increase the potential for development or does not substantially increase
demands on public infrastructure serving existing and proposed tracts,
parcels or lots, and the following conditions are satisfied:
b.
The proposed lot combination or splitting will not create any
tract, parcel or lot which does not meet the minimum lot standards
of the zoning district in which it is located;
c.
The proposed lot combination or splitting shall not cause any
construction over a public utility line or easement; and
d.
The proposed lot combination or splitting is consistent with
the surrounding area. In determining consistency, the size and dimensions
of lots previously developed, the layout and design of existing subdivisions
and the degree of deviation from previous development shall be considered.
e.
If the subdivision contains restrictions or covenants limiting
combining or splitting of lots, that the person or entity with authority
to waive such restriction or covenant will sign a written waiver permitting
such lot combination or splitting.
2.
Lot Combination Or Splitting — Substantial Impact. A lot
combination or splitting upon a finding by the Zoning Administrator
that the proposed lot combination or splitting substantially increases
the potential for development or substantially increases demands on
public infrastructure serving existing and proposed tracts, parcels
or lots, and the following conditions are satisfied:
a.
The proposed lot combination or splitting is in compliance with
all other provisions of this Article, the Zoning Ordinance and other
ordinances and regulations of the Town, and no substandard tract,
parcel or lot will be created;
b.
The proposed lot combination or splitting will not create any
tract, parcel or lot which does not meet the minimum lot standards
of the zoning district in which it is located;
c.
The proposed lot combination or splitting shall not cause any
construction over a public sanitary sewer line or sewer easement;
d.
The proposed lot combination or splitting is consistent with
the surrounding area. In determining consistency, the size and dimensions
of lots previously developed, the layout and design of existing subdivisions
and the degree of deviation from previous development shall be considered;
e.
The proposed lot combination or splitting does not include the
dedication of a new street or other public way or change in existing
streets or alleys;
f.
The right-of-way adjacent to the proposed lot combination or
splitting meets the widths prescribed by this Article and by the Town
ordinances, or the proposed subdivision includes the dedication of
additional rights-of-way necessary to provide the prescribed right-of-way
width;
g.
The proposed lot combination or splitting includes the dedication
of any easements determined necessary by the Board of Public Works
or to provide utilities to serve the new lots; and
i.
Each lot of the proposed lot combination or splitting has sidewalks
meeting current Town standards, or security for the construction of
these improvements is provided as set forth in this Section.
j.
If the subdivision contains restrictions or covenants limiting
combining or splitting of lots, that the person or entity with authority
to waive such restriction or covenant will sign a written waiver permitting
such lot combination or splitting.
[Ord. No. 2015-1170 § 1, 7-6-2015]
A.
Application for administrative approval of a minor subdivision involving
lot combination or splitting shall be filed with the Zoning Administrator
on forms provided by the Zoning Administrator with a filing fee of
one hundred dollars ($100.00), and survey or drawing of the proposed
re-plat. The Zoning Administrator may require submission of any and
all information, material and documents necessary to determine compliance
with this Section.
B.
The Zoning Administrator shall review the application and may submit
it for review and comment to other agencies and departments as he/she
deems necessary. The Zoning Administrator shall, in writing, either
approve or disapprove the application within thirty (30) days of its
submission.
C.
If approved, the Zoning Administrator shall follow the provisions
below regarding approval of the re-plat and recording.
D.
In the event the Zoning Administrator does not approve the application,
he/she shall so inform the applicant in writing. The applicant may
then prepare a final plat of the proposed change in the subdivision
and proceed to the Planning and Zoning Commission and Town Council
as set forth in this Article.
E.
The Zoning Administrator will require a survey of the combined or
splitting lots. The survey shall depict or provide the following:
1.
The precise nature, location and dimensions of existing and
newly created lots;
2.
The legal description of all existing and proposed lots;
3.
The amount of square footage contained in each existing and
proposed lot(s);
4.
All existing easements, streets, utility lines, alleys and access
restrictions affecting the lots;
5.
All platted easements, streets, alleys or other public rights-of-way
that have previously been vacated or relinquished, and the ordinance
number or recording information for each vacation or relinquishment
shall be provided; and
6.
Names of all abutting streets.
F.
The administrative re-plat is prepared for recording in accordance
with the following standards:
1.
The document shall be entitled "Administrative Re-Plat of Lots
_____ and _____ of [Prior Subdivision Name]";
2.
On the plat, the Zoning Administrator will endorse the following:
"Re-Plat Approved by the Town of Carrollton, Missouri, Zoning Administrator
Under the Authority of the Mayor and the Town Council of Carrollton,
Missouri" over the attested and sealed signature and the date of approval
of the Zoning Administrator.
G.
The applicant, at its expense, will record the administrative re-plat
and will provide to the Zoning Administrator two (2) certified copies
of the recorded administrative re-plat.
[Ord. No. 2015-1170 § 1, 7-6-2015]
A.
If the Zoning Administrator does not approve the application within
thirty (30) days of the application and application fee being submitted,
or is earlier rejected, the applicant may, within five (5) days of
the expiration of the notice of rejection, appeal to the Town Council
of the non-approval by notifying the Town Clerk in writing that the
appeal be placed on the agenda for the next regular Town Council meeting
that is scheduled to occur at least forty-eight (48) hours after the
appeal request is submitted.
B.
If, on appeal, the Town Council approves the transfer, the above
procedure shall be followed for approval of the re-plat.
[Ord. No. 2015-1170 § 1, 7-6-2015]
After a conveyance has been approved under this Section, a reconveyance
of the same parcel of land will be exempt from the requirements of
this Section, but if the once approved parcel is again split or combined
with another parcel, the conveyance is subject to this Section.
[Ord. No. 2015-1170 § 1, 7-6-2015]
The penalty for violation of this Section shall be a fine of
up to five hundred dollars ($500.00), with each day that such transfer
continues on record with the recorder of deeds of Carroll County,
Missouri, being a separate violation.
