Applications for development approval under these Zoning Regulations may be filed by: the property owner of record, a purchaser under a contract for sale from the record owner, or the duly authorized agent of the record property owner. County officials shall be authorized to require proof of legal authority to take the action sought.
Applications required under this Article must be submitted on forms and in such numbers as required by the official responsible for accepting the application.
Applications must be accompanied by the nonrefundable fee established by County Commission. Fees shall not be required with applications initiated by Review and or Decision-Making Bodies. See Article 160.
Where the total time of a hearing is expected to exceed 2 hours, as determined by the Planning and Zoning Administrator, a special hearing expense deposit shall be paid by the applicant in addition to the application filing fee. Special hearing deposits are to cover actual expenses. The required deposit amounts have been established by County Commission. At any point prior to the conclusion of all hearings on a matter, the County Commission may, for good cause and based on anticipated actual costs, require a deposit to exceed the amount required for applications falling in the "Other" category of "Special Hearing Deposit," as shown in the Fee Schedule of Article 160.
At the time of application filing, the applicant shall state the number of witnesses and the amount of time the applicant anticipates for the presentation of all evidence to applicable review and decision-making bodies. The application must be accompanied by a list of witnesses and exhibits. The Planning and Zoning Administrator will review all applications and make a determination of whether the hearing is likely to exceed 2 hours in length. Such determination shall be based upon: (1) the information supplied in the application, (2) the expected amount of public input, and (3) the Planning and Zoning Administrator's experience with local practices. If it is determined by the Planning and Zoning Administrator that the public hearing will exceed 2 hours in length, the applicant shall be subject to the special hearing deposit provisions of this Sub-Article.
If at any time either before the filing of the application, or prior to a final decision of the applicable decision-making body, the Planning and Zoning Administrator determines that the hearings are likely to exceed 2 hours in length, the Planning and Zoning Administrator shall notify the applicant in writing of this determination and order the applicant to post a special hearing expense deposit, which shall be held in an account by the County Treasurer in a depository established for that purpose by the County Commission. Upon the issuance of such order by the Planning and Zoning Administrator, all proceedings upon the application shall be stayed until the deposit is received by the county. After such a stay is in effect for a period of 14 calendar days and the deposit is not made with the county, the application shall be dismissed, without prejudice against re-filing of the application.
There shall be an escrow account established under the supervision of the County Treasurer's Office for each case for which the applicant pays an expense deposit. The County Treasurer shall disburse payment from the escrow account upon billings supplied by the Planning and Zoning Administrator and approved by the County Commission. These billings shall reflect the actual charges incurred which will be charged against the amount on deposit in escrow. When each billing is made, the Planning and Zoning Administrator shall simultaneously mail a copy of the billing to the applicant at the address listed in the application.
At any time that the escrow account falls below a balance of 20 percent of the initial total expense deposit, the County Treasurer shall immediately inform the Planning and Zoning Administrator, whereupon the Planning and Zoning Administrator shall write to the applicant at the address shown on the application and direct the applicant to make deposit equal to the amount of the initial expense deposit. After the Planning and Zoning Administrator make such order, all proceedings on the application shall be stayed until the county receives the additional deposit. If the additional deposit is not received within 14 calendar days of said order, or if the applicant indicates a refusal to make such additional deposit, the application shall be dismissed without prejudice against re-filing.
Upon final disposition of the application or dismissal of the application, the balance of the deposit in escrow with the County Treasurer, after all expense payments are made, shall be returned to the applicant upon the applicant's written request.
Applications that do not include required information or that are not accompanied by required fees will be returned to the applicant and no further processing of the application will occur until the deficiencies are corrected. Applications will be reviewed for completeness within 10 days of filing. If the official responsible for accepting the application determines that the application is complete, the application will be processed. If the official responsible for accepting the application determines that the application is incomplete, the application will be returned to the applicant along with a written explanation of the application's deficiencies.
All applicants are encouraged to schedule and attend a preapplication conference meeting with Planning and Zoning Department staff prior to submitting an application for review under this Article. The purpose of a preapplication conference is to inform the applicant of applicable procedures, submittal requirements, development standards, and other pertinent matters before the applicant finalizes the development proposal. Staff opinions presented during a preapplication meeting are informational only and do not represent a commitment on behalf of the county regarding the acceptability of the development proposal.
Officials responsible for accepting applications, after consulting with review and decision-making bodies, may promulgate processing cycles for applications. Processing cycles may establish:
In conducting required reviews, the Planning and Zoning Administrator shall be authorized to distribute the application and other submittals to other departments and agencies for the purpose of soliciting comments and ensuring that the proposal complies with all applicable standards and requirements. The Technical Review Committee (TRC) may be convened to review technical aspects of applications. See Article 20.4C.
All notices required under these Zoning Regulations must: (1) indicate the time and place of all scheduled public hearings; (2) describe the property involved in the application by street address, legal description or map; (3) describe the nature, scope and purpose of the proposal; and (4) indicate the location and source of additional information about the proposal.
When the provisions of these Zoning Regulations require that notice be published in the newspaper, the official responsible for accepting the application shall ensure that notice is published in a newspaper of general circulation within Ray County at least 15 days before the first scheduled public hearing.
Minor technical deviations from specified notice requirements shall not be deemed to impair notice where there is actual notice. Written notice shall be conclusively presumed to be properly given if placed, postage prepaid, with the United States Postal Service addressed in accordance with the list provided by the applicant. When required written notices have been properly given, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall determine whether there was compliance with the notice requirements of this Article.
If there is a delay in forwarding a recommendation to the County Commission based on technical reasons, and no specific date is announced at the Planning and Zoning Commission public hearing, written notice shall be sent by regular mail to all adjoiners within 600 feet at least 15 days prior to the County Commission hearing at which the application will be heard.
Figure 30-1: Review and Approval Procedures Summary
| Review and Decision-Making Bodies | ||
|---|---|---|
| Procedure | Article No. | Staff/TRC |
| ZONING REGULATIONS Text Amendments | 30.2 | R |
| Zoning District Map Amendments | 30.3 | R |
| Minor Subdivision | 30.5 | R |
| Preliminary Plat | R | |
| Final Plat | R | |
| Major Subdivision | 30.6 | |
| Preliminary Plat | R | |
| Engineering and Construction Plans | DM | |
| Final Plat | R | |
| PUD Concept Plan | 30.7 | R |
| Final PUD Plan and Plat | 30.7 | R |
| Conditional Use Permits | 30.8 | R |
| Sign Permits | 30.9 | R |
| Variances | 30.10 | R |
| Vacations | 30.11 | R |
| Written Interpretations | 30.12 | DM |
| Appeals of Administrative Decisions | 30.13 | - |
| Legend: |
When a review body fails to take action on an application, upon request of the applicant within 90 days from the first public hearing the application shall be forwarded to the decision-making body with no recommendation.
Unless otherwise expressly stated, when a decision-making body fails to take action on an application within a required time frame or 90 days, whichever is greater, that inaction will be deemed a denial of the application, unless an extension is granted.
A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements, provided that the continuance is set for a date and time certain and announced at the time of the public hearing.
The development review procedures of this Article are intended to implement the procedural requirements of Missouri Revised Statutes. In the event of conflict between the procedures of this Article and those of the Missouri Revised Statutes (RSMo 64.800-840 and RSMo 64.845–880) the state statutes shall control.
The burden of demonstrating that an application complies with applicable review and approval criteria is on the applicant. The burden is not on the county or other parties to show that the criteria have not been met.
The Planning and Zoning Department shall review each proposed Zoning Regulations text amendment and provide a report to the Planning and Zoning Commission.
Published notice of the Planning and Zoning Commission's public hearing shall be provided in accordance with Article 30.1H-2.
The Planning and Zoning Commission shall hold a public hearing on the proposed text amendment and make a recommendation to the County Commission based on the Approval Criteria of Article I.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall take action on the application based on the Approval Criteria of Article 30.2I.
In taking action on Zoning Regulations text amendments, review and decision-making bodies shall consider whether the proposed amendment advances the stated purpose and intent of Article 10.7.
All property located within unincorporated Ray County are considered agricultural (R-A) district unless the property has been rezoned according to past or current zoning regulations of Ray County. Zoning District Map Amendment ("Rezoning") applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department.
Written and published notice of the Planning and Zoning Commission's public hearing shall be provided in accordance with Article 30.1H-1 and Article 30.1H-2.
The Planning and Zoning Department shall review each proposed Zoning District Map Amendment and provide a report to the Planning and Zoning Commission.
The Planning and Zoning Commission shall hold a public hearing on the proposed Zoning District Map Amendment and make a recommendation to the County Commission based on the Approval Criteria of Article 30.3F. The Planning and Zoning Commission's hearing shall be set for a date not later than 60 days after receipt of a complete application. Transmittal of the recommendation shall be made to the County Commission within 90 days of the Planning and Zoning Commission's hearing, unless the applicant requests a delay or withdrawal in writing.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall take action on the application based on the Approval Criteria of Article 30.3F.
In acting on proposed Zoning District Map Amendments, review and decision-making bodies shall consider the following:
If a valid protest petition is submitted to County Clerk within 14 days of the date of the conclusion of the Planning and Zoning Commission's last hearing on the proposed Zoning District Map amendment, approval of the Zoning District Map amendment by the County Commission shall require a favorable vote of at least 2/3 of all the members of the County Commission. If the County Commission returns the application to the Planning and Zoning Commission for reconsideration, previously filed petitions shall be invalidated and a new protest petition must be filed.
Any person aggrieved by a decision of the County Commission on a Zoning District Map Amendment may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the County Commission's decision on the matter.
This Article sets out the review and approval process for Subdivision process and Plats. The process consists of 3 required steps: (1) Preliminary Plat review and approval; (2) Engineering Plan review and approval; and (3) Final Plat review and approval.
The procedures of this Article shall apply to all subdivisions of land unless otherwise expressly exempted. No building permit shall be issued for any structure that is located upon a lot in a subdivision that has not been subdivided in accordance with the subdivision procedures of this Article.
The following shall be exempt from the procedures of this Article:
The exemption for cemetery plots exempts those creating individual subdivision plots from the subdivision process. It does not exempt those creating a cemetery.
A Minor Subdivision refers to a reconfiguration of land that contains 4 or fewer residential lots of not less than 5.0 acres. The intent is to streamline the process to accommodate subdivisions of land that are determined to be minor in nature. It requires possible Rezoning, technical reviews, and Final Plat review and approvals by the Planning and Zoning Commission and the County Commission. After considering all prior subdivision activity on the greater parcel, a determination will be made by the Planning and Zoning Administrator whether or not the application may proceed as a Minor Subdivision.
Applicants may schedule and attend a pre-application meeting with Planning and Zoning Department staff prior to submitting an application for review under this Article.
A Minor Subdivision application shall be completed and submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department. All required information must be filed with the Planning and Zoning Department at least 15 days prior to a regular meeting of the Planning and Zoning Commission at which the Final Plat is to be considered.
A Final Plat prepared by a registered surveyor shall be submitted 15 days prior to regular meeting of Planning and Zoning Commission and shall conform to the requirements of Figure 30.6-2.
A completed application for Final Plat, along with the appropriate application fees, shall be submitted at least 15 days prior to the meeting at which the Planning and Zoning Commission shall review the application. If Rezoning, application and appropriate application fees shall be submitted at least 15 working days before Planning and Zoning meeting.
The Planning and Zoning Department shall review each proposed Final Plat application and provide a report to the Planning and Zoning Commission.
Within 30 days of receipt of a complete Final Plat application, the Planning and Zoning Commission shall review the Final Plat and take action on the application based on the Approval Criteria of Article 30.3F.
The Planning and Zoning Commission may approve final Plat if they determine that all of following approval criteria has been met:
Transmittal of the recommendation to the County Commission shall be made within 30 days of the Planning and Zoning Commission’s hearing.
A recommendation of denial of a Final Plat by the Planning and Zoning Commission shall be forwarded to the County Commission for action, unless the applicant requests the application be withdrawn in writing within 30 days of the public hearing.
Any person aggrieved by a decision of the Planning and Zoning Commission on an application may appeal to the Ray County Commission.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall take action on the application based on the Approval Criteria of Article 30.3F.
A Final Plat may be approved by the County Commission if they determine that the application complies with the Zoning Regulations.
The County Commission’s approval of the Final Plat shall lapse and be of no further effect if the Final Plat is not recorded with the Recorder of Deeds within 1 year of the County Commission’s approval.
Any person aggrieved by a decision of the County Commission on a Final Plat Application may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the County Commission’s decision on the matter.
Applicants for subdivisions are encouraged to discuss possible development site design possibilities and related issues with the Planning and Zoning Department prior to submission of any plat.
A Major Subdivision refers to a reconfiguration of land that contains any zoning district other than residential, residential with four or more lots, or any residential that requires interior streets. It requires application, Rezoning (if necessary), Preliminary Plat, technical reviews by staff, Rezoning and Final Plat review and approvals by the Planning and Zoning Commission and the County Commission. All subdivision applications shallThe applicant shall submit at least 10 paper prints of not less than (18” x 24”), 6 paper prints (11” x 17”), of the Preliminary Plat, with a vicinity map showing the location of the proposed subdivision. All required information shall be filed with the Planning and Zoning Department at least 15 days prior to a regular meeting of the Planning and Zoning Commission at which the Preliminary Plat is to be considered. Information to be shown on the Preliminary Plat is indicated in Figure 30.6-1. Preliminary Plat shall be prepared by a licensed Missouri Land Surveyor or Civil Engineer.
Preliminary Plat applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department.
The applicant shall submit at least 10 paper prints of not less than (18” x 24”), 6 paper prints (11” x 17”), of the Preliminary Plat, with a vicinity map showing the location of the proposed subdivision. All required information shall be filed with the Planning and Zoning Department at least 15 days prior to a regular meeting of the Planning and Zoning Commission at which the Preliminary Plat is to be considered. Information to be shown on the Preliminary Plat is indicated in Figure 30.6-1. Preliminary Plat shall be prepared by a licensed Missouri Land Surveyor or Civil Engineer.
Written approval from the respective public water supply district (PWSD) or a municipal water supplier for the proposed project shall be submitted with the preliminary plat application. If water service from the PWSD is not available, this should be noted in writing from the district. If the project is not within the boundaries of any PWSD, or not capable of being served by any other water supplier, arrangements shall be made in accordance with this Article.
In instances where seven or more lots are being created that are less than 5 acres or any expansion of three or more lots less than 5 acres in an existing subdivision , written approval from the Missouri Department of Natural Resources (DNR) must be submitted at the time of application. (Missouri Clean Water Commission Regulation 10.CSR.20-6.030) If sanitary sewer service is to be provided from a sewer district or private sewer company, written approval of such service shall be provided from the service provider with the preliminary plat application.
Written approval from the Ray County Road and Bridge or Special Road District of all roadways and accesses shall be submitted with the application.
If located on a state highway, written approval from MoDOT shall be submitted with the preliminary plat application.
The applicant shall submit with the preliminary plat, a complete list of the names and mailing addresses of all owners of record of all property located within 600 feet of property being proposed for subdivision. (RSMo 64.863) The applicant is responsible for providing the list of the surrounding property owners at the time of application. Such list shall be provided with the application. Failure to properly notify all adjacent property owners may invalidate the public notice requirements and cause the application to be tabled until proper notification is completed.
The applicant shall submit a certificate proving ownership or contract of the entire tract to be platted. If not the current owner, a signed and notarized Owners’ Authorization form is required.
The applicant may be responsible for completing a title search locating any existing utility easements, ingress/egress easements, restrictions, and the like.
If required by the Planning and Zoning Administrator, a preliminary grading and drainage plan including location and size of all storm sewers, existing and proposed land elevations and contours, and necessary widths of all open drainage ways shall be submitted with the application and to the Planning and Zoning Department to distribute for review purposes. These plans are not intended to be detailed suitable for construction, but shall be adequate for review of the drainage of the site.
The term “centerline of a creek” may be used in a legal description. If it becomes necessary to use the centerline of a creek as the boundary between two lots or ownerships, a complete metes and bounds legal description is required on the Final Plat for those affected lots.
Figure 30.6-1
Information Required on All Preliminary Plats
(1) The proposed name of the subdivision. The name shall not duplicate or too closely resemble the name or names of an existing subdivision.
(2) The location of the boundary lines of the subdivision and reference to the Section or quarter Section lines. (Legal Description)
(3) The names and addresses of the developer or owner and the engineer or land surveyor who prepared the plat and date of preparation located in the lower right corner of the plat.*
(4) Scale of the plat, on inch equals 100 feet or larger.
(5) North arrow.
(6) Vicinity map with major streets labeled.
(7) Existing Conditions:
a. Location, width and name of platted streets or other public ways, railroads and utility rights-of-way, parks and other public open spaces and permanent buildings in or within 100 feet of the proposed subdivision. The Planning and Zoning Administrator shall be authorized to reduce the 100-foot distance requirement if it is determined that such reduced distance will provide adequate information.
b. All existing sewers, water mains, gas mains, culverts or other underground installations in or within 100-feet of the proposed subdivision, with pipe size and manholes, grades and location. The Planning and Zoning Administrator shall be authorized to reduce the 100-foot distance requirement if it is determined that such reduced distance will provide adequate information.
c. Names of adjacent subdivisions, together with arrangements of streets and lots.
d. Topography, unless specifically waived, with contour intervals of not more than twenty feet, referred to U.S.G.S. datum. Where the ground is too flat for contours, spot elevations at 100-foot distances may be requested.
e. Location of water courses, bridges, ponds, lakes and such other features as may be pertinent to the subdivision.
f. Current zoning classification.
g. On all subdivisions the boundaries and elevations of the 100-year floodplains along drainage ways included in the official Flood Insurance Study (F.I.S.) for the County shall be shown. Source document shall be noted.
h. The location of any uncovered existing wells.
(8) The general arrangements of lots and their approximate size and dimensions.
(9) Front building setback lines.
(10) Location and width of proposed streets, alleys and pedestrian ways, trail easements and easements to accommodate local flooding and along major drainage ways to accommodate 100-year flooding.
(11) The general plan of sewage disposal, water supply and drainage , including a map showing the drainage area of each major drainage way in which the subdivision is located.
(12) Location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for reservation or dedication for public use.
(13) General layout of adjacent property within 100-feet to show how streets and other public facilities in the proposed subdivision relate to the adjacent property. The Planning and Zoning Administrator shall be authorized to reduce the 100-foot distance requirement if it is determined that such reduced distance will provide adequate information.
(14) Approximate gradient of streets.
(15) Stages of development if the total area is not proposed to be developed as a single unit.
(16) Proper approval from the proper highway authorities for driveway permits and entrance way permits, acceptance of water meters from appropriate water districts.
The Planning and Zoning Department shall review each proposed Preliminary Plat application and provide a report to the Planning and Zoning Commission.
Within 30 days of receipt of a complete Preliminary Plat application, the Planning and Zoning Commission shall review the Preliminary Plat and take action on the application based on the Approval Criteria of Article 30.3F.
A Preliminary Plat may be approved by the Planning and Zoning Commission if they determine that all of following approval criteria have been met:
Recommendations of a Preliminary Plat by the Planning and Zoning Commission shall be forwarded to the County Commission for action within 30 days, unless the applicant requests in writing that the application be withdrawn or delayed for technical reasons.
An approved Preliminary Plat shall lapse and be of no further force and effect if a complete Final Plat application for the subdivision or a phase of the subdivision has not been submitted within 18 months of the date of Preliminary Plat approval by the Planning and Zoning Commission. If the subdivision is to be developed in phases, a phasing plan shall be approved as part of the Preliminary Plat approval.
Any person aggrieved by a decision of the Planning and Zoning Commission on a Preliminary Plat application may appeal to the County Commission by requesting the application be moved forward in the process, as outlined.
After approval of the Preliminary Plat and prior to submittal of the Final Plat, applicants shall prepare and submit Engineering and Construction Plans for the public improvements that are to be constructed to serve the subdivision. These Engineering and Construction Plans shall be submitted to the Planning and Zoning Department who shall be responsible for ensuring that the plans are reviewed for compliance with all applicable standards and requirements. After conducting a complete review of the Engineering and Construction Plans, the Highway Administrator and/or Planning and Zoning Administrator shall approve or deny the Engineering and Construction Plans and provide notice of the action taken to the applicant. (See Article 80)
It is intended that final plat documents reflect approved Preliminary Plats. If the County Commission determines that a Final Plat contains substantial changes from the approved Preliminary Plat, they shall be authorized to require that the Final Plat documents be revised to be consistent with the approved Preliminary Plat or that the developer re-apply for Preliminary Plat approval based on the modified subdivision design.
Final Plat applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department.
The applicant shall submit at least 20 large paper prints of not less than (18" x 24") and 6 small paper prints (11" x 17") of the Final Plat to the Planning and Zoning Department for review and consideration by the Planning and Zoning Commission at least 15 days prior to the meeting of the Planning and Zoning Commission. The applicant shall submit 3 paper and 1 Mylar copies for recording. Information to be shown on the Final Plat is indicated in Figure 30.6-2.
The names and signatures of the owner or owners of the property duly acknowledged and notarized shall appear on the original copies submitted.
The Final Plat, prepared for recording purposes by a licensed land surveyor, shall be drawn at a scale of at least one inch equals 200 feet. The size of the sheet on which such final plat is prepared shall be not smaller than 18 inches by 24 inches or more than 24 inches by 36 inches. Where the proposed plat is of unusual size, the final plat shall be submitted on two or more sheets of the same dimensions. If two or more sheets are required, an index map of the same dimensions shall be filed showing the entire development at a smaller scale.
The Final Plat shall be accompanied by other required approvals, such as those of the water and sewer service providers. The Planning and Zoning Administrator and review and decision-making bodies shall be authorized to require such other information, (e.g. stormwater plans, erosion and sediment control plans, shared sewerage treatment facility designs, engineered construction plans, traffic study) as determined necessary to ensure adequate review of the proposed plat.
A “re-plat” will be processed the same as a Final Plat, with the exception that all structures (houses, accessory buildings, ponds, etc.) should be located on the submission copies of the Final Plat for Commission review; then removed for the recording copies of the Final Plat.
Figure 30.6-2 Information Required on All Final Plats
(1) Name of subdivision, not to duplicate or too closely resemble the name of any existing subdivision
(2) Location of section, township, range, county and state, including the descriptive boundaries of the subdivision based on an accurate traverse, giving angular and linear dimensions which must be mathematically correct. The allowable error of closing on any portion of the plat shall be one foot in 5,000. “Legal Description”
(3) The location of existing monuments or benchmarks shall be shown and described on the final plat. Location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including bearings and distances to such reference points or monuments
(4) The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet with the length of radii on all curves, and other information necessary to reproduce the plat on the ground.
(5) Lot numbers and block numbers or letters clearly shown in the center of the block.
(6) The locations, widths and names of all streets and alleys and locations, widths and purposes of all easements to be dedicated.
(7) Boundary lines and description of the boundary lines of any area other than streets and alleys, which are to be dedicated or reserved for public use.
(8) Building setback lines along the front and side lot lines where abutting streets with dimensions.
(9) On subdivisions the boundaries and flood elevations of the 100-year floodplains along all drainage ways designated on the official Flood Insurance Study (F.I.S.) for the county. (i.e. FIRM Map)
(10) Specific notes regarding floodplain elevation source, current zoning.
(11) Name, signature and seal of the registered land surveyor who prepared the plat and the survey, and date of preparation located in the lower right corner of the plat.
(12) Scale of the plat (scale to be shown graphically and in feet per plat scale inch), date of preparation and north arrow.
(13) Statement dedicating all easements, streets, alleys, trails and all other public areas not previously dedicated.
(14) Proof that all property taxes on said land are paid or that assurance for payment are guaranteed with the filing of the final plat.
(15) The following certificates, which may be combined where appropriate:
a. A certificate signed and acknowledged by all parties having any record, title, or interest in the land subdivided, and consented to the preparation and recording of said subdivision map.
b. A certificate signed and acknowledged as above, dedicating or reserving all parcels of land shown on the final plat and intended for any public or private use including easements, and those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants, and servants.
c. The acknowledgment of a notary in the following or similar form:
State of _____________, County of __________, SS.
Be it remembered that on this ____ day of ____, _____, before me, a notary public in and for said County and State, came _________ to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notary seal the day and year above written.
(SEAL)
Notary Public
My Commission Expires ______
In testimony whereof: the undersigned have hereunto set their hands _____ day of __________, _____.
______________________________ _____________________________
Signature Signature
d. A certificate signed by the registered land surveyor responsible for the survey and final map, to read, but not limited to, as follows:
I HEREBY CERTIFY;
That this survey made by me or under my direct supervision and that said survey meets or exceeds the current Minimum Standards for Property Boundary Surveys as established by the Department of Natural Resources, Division of Geology and Land Survey of the State of Missouri.
___________________ _________________ _____________
(Name and RLS No.) (Signature) (Date)
e. Submission to and consideration of the County Commission in the following or similar form:
This plat of ____________ has been submitted to and approved by the Ray County
Planning Commission this _________ day of ____________, 20__.
____________________________________ ____________________________
Chairman, Planning and Zoning Commission Secretary, Planning and Zoning
These easements and rights-of-way were accepted by the County Commission of Ray
County, Missouri, this _____ day of ___________, 20__, Resolution ___-______.
________________________________ ____________________________
Presiding Commissioner
________________________________ Attest:_______________________
Western District Commissioner County Clerk
________________________________ STATE OF MISSOURI
Eastern District Commissioner COUNTY OF RAY }SS
f. A blank space for noting entry on the transfer record in the following form:
This is to certify that this instrument was filed for record in the Recorder of Deeds Office on the _____ day of __________, 2002. In Cabinet________, Sleeve _______ at ______ am/pm o’clock.
___________________________
Recorder of Deeds
(16) A copy of any restrictive covenants, Road Improvement Fee, Developers agreement, pond or driveway maintenance or other agreements applicable to the subdivision should be recorded with the Final Plat.
The Planning and Zoning Department shall review each proposed Final Plat application and provide a report to the Planning and Zoning Commission.
Within 30 days of receipt of a complete Final Plat application, the Planning and Zoning Commission shall review the Final Plat application and make a recommendation to the County Commission, based on the Approval Criteria of Article 30.3F. Recommendations will be forwarded to the County Commissioners within 30 days of the Planning and Zoning Commission hearing unless the applicant requests in writing that the application be withdrawn or held for technical reasons.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall take action on the application based on the Approval Criteria of Article 30.3F.
A Final Plat may be approved by the County Commission if they determine that the Final Plat complies with the approved Preliminary Plat and includes all corrections and conditions imposed by the County Commission during their approval of the Preliminary Plat.
The County Commission’s approval of the Final Plat shall lapse and be of no further effect if the Final Plat is not recorded with the Recorder of Deeds within 1 year of the County Commission’s approval.
Any person aggrieved by a decision of the County Commission on a Final Plat application may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the County Commission’s decision on the matter.
A Planned Unit Development (PUD) is a type of overlay zoning district and a type of development plan that primarily address the issues of mixed-use development. PUD zoning districts are inextricably linked to PUD plans in that no rights of development apply to a PUD zoning designation other than those of the approved PUD plan.
PUDs shall be processed in 5 stages: Preapplication Conference; Concept Plan; Rezoning to PUD district, Final Plan, and Final Plat. Concept Plans and Rezoning may be processed concurrently, provided that no rezoning to the PUD district may occur until approval of a PUD Concept Plan.
Before submitting a PUD Concept Plan, the applicant shall confer with the Planning and Zoning Administrator or other officials designated by the Administrator such as Missouri Department of Conservation, Soil & Water Conservation District or other such agencies. The purpose of this preapplication conference is to discuss the proposal and the applicable development review procedures.
A complete application for PUD Concept Plan approval shall be submitted to the Planning and Zoning Administrator in a form established by the Planning and Zoning Administrator along with a nonrefundable fee that has been established by the County Commission. No application shall be processed until the application is complete and the required fee has been paid.
A PUD Concept Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Concept Plan is to allow early review of a proposed PUD before substantial technical planning work has been undertaken.
Figure 30.8-1 Information Required with All PUD Concept Plans
1.Name of the project, address, boundaries, date, north arrow and scale of the plan.
2.Name and address of the owner of record, developer, and seal of the engineer, surveyor, architect or landscape architect who prepared the development plan, and date of preparation located in the lower right-hand corner.
3. Name and address of all owners of record of all property within 600 feet of the property in question.
4. All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and structures.
5. The general location of all existing and proposed streets adjacent to and within the development.
6. The location of steep slopes, significant stands of trees; creeks, watercourses and drainage ways, floodplains, and any environmentally sensitive features.
7. Zoning district boundaries adjacent to the site’s perimeter shall be drawn and identified on the plan.
8. The full legal description of the boundaries of the property or properties to be included in the Planned Unit Development.
9. A generalized summary of land use arrangements within the PUD, showing types of uses and intensities proposed within areas of the PUD.
10. A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed Planned Unit Development.
11. Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the proposed development.
12. If the PUD calls for construction over a period of years, a schedule showing the proposed time and sequence within which the applications for final approval of all Articles of the Planned Unit Development are intended to be filed shall be submitted.
13. A written statement by the applicant shall be submitted setting forth the reasons why, in his or her opinion, a Planned Unit Development would be in the public interest and would be consistent with the intent of Zoning Regulations and the Comprehensive Plan.
14. A written summary of the project proposal, including the following:
Gross area of PUD
Number of dwelling units and density
Amount of nonresidential floor area and floor area ratio
Building coverage
Common open space
Natural features to be preserved
Recreation, open space and other amenities
Proposed building materials and architectural styles
Written and Published notice of the Planning and Zoning Commission’s public hearing shall be provided in accordance with Article 30.1H-1 and Article 30.1H-2.
The Planning and Zoning Administrator shall prepare a staff report that reviews the PUD Concept Plan application in light of the PUD zoning standards of Article 80 and all other applicable development standards and planning policies. The Planning and Zoning 1) The PUD Concept Plan complies with the PUD standards of Figure 30.8-1; ssion and the applicant.
The Planning and Zoning Commission shall hold a public hearing on the PUD Concept Plan. At the close of the public hearing, the Planning and Zoning Commission shall recommend approval or denial of the PUD Concept Plan application and transmit a written summary of its action and proceedings to the County Commission.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall act to approve, approve with conditions or deny the proposed PUD Concept Plan. If the County Commission acts to approve the PUD Concept Plan, it shall establish required time frames for development of the entire PUD and its individual phases, if any.
Applications for PUD Concept Plan approval shall be approved if the County Commission determines that the following criteria are met:
Approval of a PUD Concept Plan shall constitute acceptance of the overall planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD Final Plan and approval of a PUD zoning classification.
An approved PUD Concept Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within 2 years of the date of approval by the County Commission of the PUD Concept Plan. In the event of such lapse, the PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. In the event of lapse of approval pursuant to this Article, the Planning and Zoning Commission shall initiate action to remove the land from the PUD overlay zoning district and may initiate action to rezone the property to its former base zoning district classification.
After approval of a PUD Concept Plan, or concurrently with the processing of a PUD Concept Plan, a Zoning District Map amendment request for PUD zoning may be reviewed and approved. PUD zoning requests shall be processed in accordance with the Zoning District Map amendment procedures of Article 30.3.
The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Concept Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met.
After approval of a PUD zoning classification and before lapse of a PUD Concept Plan, a complete application for PUD Final Plan approval must be submitted to the Planning and Zoning Administrator in a form established by the Planning and Zoning Administrator along with a nonrefundable fee that has been established by the County Commission. No application shall be processed until the application is complete and the required fee has been paid. A PUD Final Plan application may include the entire area covered in the PUD Concept Plan or it may include one or more phases of the approved PUD Concept Plan. The final PUD plan shall include the same information as required with a Preliminary Subdivision Plat (see Figure 30.6-1).
The Planning and Zoning Administrator shall prepare a staff report that reviews the PUD Final Plan application in light of the approved PUD Concept Plan and all other applicable development standards and planning policies.
The Planning and Zoning Commission shall hold a public hearing on the PUD Final Plan. At the close of the public hearing, the Planning and Zoning Commission shall recommend approval or denial of the PUD Final Plan application and transmit a written summary of its action and proceedings to the County Commission.
The County Commission shall consider the PUD Final Plan application and act to approve or deny the PUD Final Plan application.
A PUD Final Plan shall be approved by the County Commission if it is determined by the County Commission to be in substantial compliance with the approved PUD Concept Plan. The PUD Final Plan shall be deemed to be in substantial compliance with the PUD Concept Plan so long as, when compared with the PUD Concept Plan, it does not result in:
To complete the platting process, the applicant need only to submit and record a Final Plat for the phase(s) under development in accordance with Figure 30.6-2.
concurrently, at the option of the applicant.
[Example:] “Rezoned to Residential (R-1, R-3) Zoning District with a Planned Unit Development (PUD) overlay.”
The purpose of a Conditional Use Permit is to allow for acceptable uses in the Zoning Regulations; however, additional review and conditions are necessary for permitting the use. The use is restricted to the individual applicant and is not transferable to another. The County Commission may make specific requirements that are not explicitly detailed in the Zoning Regulations, as deemed necessary for the activity to be conducted on a given parcel of land. Conditional Use Permits are not transferable to another person or parcel of land.
Conditional Use Permit applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department.
The applicant for a proposed conditional use permit shall provide the Planning and Zoning Department with a list of names and addresses of the owners of record of all property within 600 feet of the property in question, as specified by RSMo 64.863. A property abstractor, title company, registered surveyor, or similarly qualified person whose services have been secured by the applicant shall have originated such list.
Written approval from the respective public water supply district (PWSD) or a municipal water supplier for the proposed project shall be submitted with the 20 copies of a site plan for the property on which the use is to be located shall accompany Conditional Use Permit applications. The site plan shall be prepared by a licensed Missouri Land Surveyor. The site plan shall be drawn to scale, on an 11” x 17” sheet of paper. Information to be shown on the site plan is indicated in Figure 30.9-1. ten approval must be submitted at the time of application from the Missouri Department of Natural Resources (DNR). If sanitary sewer service is to be provided from a sewer district or private sewer company, written approval of such service shall be provided from the service provider with the preliminary plat application.
In some instances, written approval must be submitted at the time of application from the Missouri Department of Natural Resources (DNR). If sanitary sewer service is to be provided from a sewer district or private sewer company, written approval of such service shall be provided from the service provider with the preliminary plat application.
Written approval from the Ray County Road and Bridge or Special Road District of all roadways and accesses shall be submitted with the application.
If the project abuts a State maintained highway, written approval from the MoDOT shall be submitted with the application.
One copy of a legal description of the property on which the use is to be located.
20 copies of a site plan for the property on which the use is to be located shall accompany Conditional Use Permit applications. The site plan shall be prepared by a licensed Missouri Land Surveyor. The site plan shall be drawn to scale, on an 11” x 17” sheet of paper. Information to be shown on the site plan is indicated in Figure 30.9-1.
Figure 30.9-1 Information Required on All Conditional Use Permit Site Plans
1. Project address, boundaries, date, north arrow and scale of the plan.
2. Name and address of the owner of record, developer, and name, address and phone number of plan preparer, if different.
3. All existing lot lines, easements, and rights-of-way. Include area in acres or square feet, abutting land uses and structures.
4. The location and use of all existing and proposed buildings and structures within the development. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations. Show typical elevations and building materials.
5. The location of all present and proposed public and private ways, driveways, sidewalks, ramps, curbs and fences. Location, type, and screening details for all waste disposal containers shall also be shown.
6. Location of required parking areas including parking stalls, setbacks and loading and service areas.
7. The location, height, size, materials, and design of all proposed signage.
8. The location of all present and proposed utility systems including:
- sewer or septic system;
- water supply system;
- telephone, cable and electrical systems; and
- storm drainage system including existing and proposed drain lines, culverts, catch basins, head walls, end walls, hydrants, manholes, and drainage swells.
9. Existing and proposed topography shown at not more than 20-foot contour intervals. All elevations shall refer to USGS datum.
10. Zoning district boundaries adjacent to the site's perimeter shall be drawn and identified on the plan.
11. Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.
A business plan for the proposed conditional use shall be submitted using the form provided by the Planning and Zoning Department. This plan shall include information as to the hours of operation, shipments, receiving and similar items that may have some affect on the adjacent property owners.
Written and Published notice of the Planning and Zoning Commission’s public hearing shall be provided in accordance with Article 30.1H-1 and Article 30.1H-2. Within five (5) days of filing a Conditional Use application, the applicant shall place a sign on the lot or street in a conspicuous location. Said sign shall be of a type which will withstand the elements, not less than two and one half feet by three feet in size, with the following notice, clearly lettered with not less than two inch in height: THIS PROPERTY IS BEING CONSIDERED FOR A CONDITIONAL USE PERMIT BY THE PLANNING AND ZONING COMMISSION FOR ___________ USE. WRITTEN OBJECTIONS MUST BE FILED WITH THE ABOVE COMMISSION BY ( fill in date of meeting).
The Planning and Zoning Department shall review each proposed Conditional Use Permit and provide a report to the Planning and Zoning Commission.
The Planning and Zoning Commission shall hold a public hearing on the proposed Conditional Use Permit and make a recommendation to the County Commission based on the Approval Criteria of subsection 13 of this Article. The Planning and Zoning Commission’s hearing shall be set for a date not later than 60 days after receipt of a complete application.
After receiving the recommendation of the Planning and Zoning Commission, the County Commission shall take action on the Conditional Use Permit application based on the Approval Criteria of subsection 13 of this Article.
A Conditional Use Permit shall not be approved unless the County Commission determines, based directly upon the particular evidence presented, that all of the following conditions exist:
In acting to approve a Conditional Use Permit, the Planning and Zoning Commission may recommend and the County Commission may approve conditions deemed necessary to eliminate or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of these Zoning Regulations, so long as the condition relates to a situation created or aggravated by the proposed use and is roughly proportional to its impact. Such conditions may include site design requirements and time limitations on the Conditional Use Permit. The CUP Lapse of Approval provisions do not apply to uses that do not require a building permit. (e.g. a plant nursery)
If a building permit for an approved Conditional Use has not been issued within 18 months of the date that the Conditional Use Permit was approved by the County Commission, the Conditional Use Permit shall lapse and be of no further effect. The time frames of this sub-Article may be extended for up to 1 year by the County Commission if an extension request is filed with the Planning and Zoning Department prior to expiration of the Conditional Use Permit. (See also, Conditional Use Permit Revocation, Article 140.4F)
Any person aggrieved by a decision of the County Commission on a Conditional Use Permit may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the County Commission’s decision on the matter.
This Article sets out the procedures for review and approval of Sign Plans and Sign Permits for signs requiring permits under Article 120.
Sign Plan approval shall be required for any site containing or proposed to contain more than 1 sign. No Sign Permit shall be issued for a site that is subject to Sign Plan requirements until a Sign Plan has been approved. Temporary signs shall be exempt from sign plan requirements.
Sign Plan applications shall be submitted to the Building Official on forms available from the Building Official. In addition, a graphic shall be submitted that will give the location of the proposed sign(s) on the property measured in feet, accurate dimensions of the proposed sign(s), type of construction proposed, lighting, language to appear on the sign, logos, and other information to illustrate the proposed sign.
The Building Official shall review each proposed sign application in accordance with the Sign Plan review criteria set forth in Article 30.9A and act to approve, approve with conditions or deny the Sign Plan.
A Sign Plan may be approved only if the Building Official determines that all of the following approval criteria have been met:
Signs identified with a “P” in Table 120-1 shall be erected, installed or created only in accordance with a duly issued and valid sign permit. Sign permits shall be required for new signs, new sign structures and prior to changing the sign face on an existing sign structure.
Sign Permit applications shall be submitted to the Building Official on forms available from the Building Official.
The Building Official shall review each proposed Sign Permit application for the purpose of determining whether the proposed sign complies with all applicable sign regulations of Article 120 and the Sign Plan, if applicable. Based on that review, the Building Official shall:
If an approved sign has not been erected or otherwise put in place within 6 months of the issuance of the Sign Permit, the Sign Permit shall lapse and be of no further effect. The applicant shall request that the Building Official inspect the sign at the end or following the end of the 6-month period following issuance of the Sign Permit. If, upon inspection, the construction is substantially incomplete, the Building Official shall give the property owner or tenant notice that the Sign Permit has lapsed. If, upon inspection, the construction is found to be substantially complete but not in full compliance with Article 120 or other applicable codes, the Building Official shall give the property owner or tenant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the Sign Permit shall lapse and the sign shall be removed immediately. The failure to remove sign for which permits have lapsed shall be unlawful.
When an applicant has a condition of development that requires a variance from the requirements of these Zoning Regulations, an application may be submitted to request a Variance from the Board of Zoning Adjustment.
Variance applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department.
Written and Published notice of the Board of Zoning Adjustment’s public hearing on the Variance request shall be provided in accordance with Article 30.1H-1 and Article 30.1H-2.
The Board of Zoning Adjustment shall hold a public hearing on the proposed Variance and take final action based on the Approval Criteria of Article 30.11D.
A Variance that would have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Zoning Adjustment if the Board of Zoning Adjustment determines that all of the following conditions have been met:
A Variance that does not have the effect of allowing a use that the underlying zoning district prohibits may be granted by the Board of Zoning Adjustment if the Board of Zoning Adjustment determines that all of the following conditions have been met:
In acting to approve a Variance, the Board of Zoning Adjustment may impose conditions deemed necessary to eliminate or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of these Zoning Regulations, so long as the condition relates to a situation created or aggravated by the proposed use and is roughly proportional to its impact. Such conditions may include site design requirements and time limitations on the Variance.
Any person aggrieved by a decision of the Board of Zoning Adjustment on a Variance application may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the Board of Zoning Adjustment’s decision on the matter.
This Article sets out the required review and approval procedures for vacations of any street, avenue, road, alley, public easement, ingress/egress, utility easement, public square or common area included as part of a recorded plat, in accordance with RSMo 71.270
Vacation applications shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department. The application shall include evidence of the vacation application to all utility providers in the general area of the application. The application shall be made by all owners of lands adjoining on both sides of the street, avenue, road, alley, public easement, public square or common area sought to be vacated. If the application is not submitted by all such owners, that fact shall be noted on the application along the with names and addresses of all adjoining owners who are not party to the application.
The Planning and Zoning Department shall review each proposed Vacation application and provide a report to the County Commission.
Written and Published notice of the County Commission's public hearing on the Vacation request shall be provided in accordance with Article 30.1H-1 and Article 30.1H-2.
Within 30 days of receipt of a complete Vacation application, the Planning and Zoning Department shall review the application and make a recommendation to the County Commission, based on the Approval Criteria of Article 30.3F.
After receiving the recommendation of the Planning and Zoning Department, the County Commission shall take action on the application based on the Approval Criteria of Article 30.3F.
A Vacation application shall be approved by the County Commission if they determine that all of following approval criteria have been met:
The county may retain or require easements in the vacated property if deemed necessary to protect the public welfare.
Upon approval of a Vacation request, a certified copy of the approval shall be recorded in the office of the County Recorder of Deeds. The applicant shall pay any costs.
Applications for Written Interpretations of the provisions of these Zoning Regulations shall be submitted to the Planning and Zoning Department on forms available from the Planning and Zoning Department.
Within 30 days of receipt of a complete application for a Written Interpretation, the Planning and Zoning Administrator shall: (1) review and evaluate the application in light of the text of these Zoning Regulations, the Official Zoning District Maps, the Comprehensive Plan and any other relevant documents; (2) consult with County Counsel and other staff as needed; and (3) render a written interpretation.
The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretation.
An official record of interpretations shall be maintained and made available for public inspection in the Planning and Zoning Department office during normal business hours.
Appeals of the Planning and Zoning Administrator’s written interpretation may be taken to the Board of Zoning Adjustment in accordance with the procedures of Article 30.14.
The Board of Zoning Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the administration or enforcement of these Zoning Regulations.
Appeals of Administrative Decisions may be filed within 30 days by any person aggrieved by a decision of an administrative official in the administration or enforcement of these Zoning Regulations.
Applications for Appeals of Administrative Decisions shall be submitted to the Planning and Zoning Department on forms available in the Planning and Zoning Department. Appeals of Administrative Decisions shall be filed within 30 days of the date of the decision being appealed.
The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Zoning Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order that may be granted by the Board of Zoning Adjustment, or by a court of record.
The official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all papers constituting the record upon which the action appealed is taken.
Published notice of the Board of Zoning Adjustment’ public hearing shall be provided in accordance with the requirements of Article 30.1H-2.
An appeal shall be sustained only if the Board of Zoning Adjustment determines that the administrative official erred.
Any person aggrieved by a decision of the Board of Zoning Adjustment on an Appeal of Administrative Decision may present to the Circuit Court of Ray County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days of the date of the Board of Zoning Adjustment’s decision on the matter.