[Ord. No. 1251 §1(401), 10-15-2002]
A.
Purpose. It is the purpose of this Article to establish
the approval procedure and requirements for installation of public
improvements for land developments not otherwise subject to the minor
subdivision or major subdivision approval procedures in accordance
with this Chapter.
B.
Applicability.
1.
A simple land development shall not involve the subdivision of any
tract of land.
2.
All simple land developments shall be approved or disapproved in
accordance with the provisions of this Article, except that development
on recorded lots used for single-family and two-family residences
shall be exempt from the provisions of this Article.
[Ord. No. 1251 §1(402), 10-15-2002]
A.
Development Site Plan Required. The applicant shall submit a site plan for the proposed development to the Commission, in accordance with Article VII, Required Plats and Plans, for determination whether the simple land development approval process should and can be utilized. The Commission may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the tax map showing the land being developed and all previous subdivisions or developments involving the tract within the previous five (5) years.
B.
Commission Review. If the Commission determines that no
existing public facilities will be impacted by the proposed development,
no new public facilities must be constructed to serve the development,
and storm water runoff from the proposed development site will not
adversely affect downstream properties, the Commission will recommend
approval of the development site plan.
C.
Board Of Aldermen Action. After approval of the site plan
by the Commission, it shall be submitted to the Board of Aldermen
for approval. The Board of Aldermen shall consider the recommendations
of the Commission and shall either approve, approve with modifications,
or disapprove the site plan. Any changes of the development plan required
by the Board of Aldermen as prerequisites for approval shall be noted
on three (3) copies of the site plan. One (1) copy shall be returned
to the applicant, one (1) copy shall be returned to the Commission
and one (1) copy shall be retained by the Board of Aldermen. Approval
of the development site plan by the Board of Aldermen authorizes the
developer to submit application for building permit for the development.
D.
When Public Improvements Required.
1.
Engineering report required. If the Commission determines that public facilities may be impacted by the proposed development, and/or storm water runoff from the site may adversely affect downstream properties as a result of the proposed development, the applicant will submit an engineering report, in accordance with Article VII, Required Plats and Plans, to identify necessary public improvements. The engineering report shall be submitted no less than fifteen (15) working days prior to the Commission meeting at which the proposed development will be considered.
2.
Commission action. The Commission will recommend
approval, approval with modifications, or disapproval of the development
site plan within sixty (60) working days after the meeting at which
the plan was considered. If the Commission disapproves the development
plan, the Commission shall notify the applicant in writing of its
decision within ten (10) working days.
3.
Board of Aldermen action. After approval of the
site development plan by the Commission, it shall be submitted to
the Board of Aldermen for approval. The Board of Aldermen shall consider
the recommendations of the Commission and shall either approve, approve
with modifications, or disapprove the site development plan. Any changes
required by the Board of Aldermen as prerequisites for approval shall
be noted on four (4) copies of the site plan. One (1) copy shall be
returned to the applicant, one (1) copy shall be returned to the Commission,
one (1) copy shall be retained by the Board of Aldermen, and one (1)
copy shall be provided to the City Engineer.
4.
Approval of the site development plan by the Board of Aldermen authorizes the applicant to proceed to prepare construction design plans for all required improvements in accordance with the requirements of Article VIII, Required Public Improvements, and the requirements of the City of Branson West Design Standards for Public Improvements. Approval of the development site plan shall not constitute acceptance by the City of any dedicated improvements.
5.
Appeals of Commission decision. Actions taken by
the Commission regarding disapproval of a development site plan are
final unless such action is appealed by the applicant to the Board
of Aldermen within sixty (60) working days of action by the Commission.
The Board of Aldermen may reverse or modify the disapproval of the
development site plan by the Commission with the affirmative vote
of not less than two-thirds (2/3) the entire membership of the Board.
Review by the Board of Aldermen shall be based on the record made
before the Commission and shall conform to the requirements of Section
89.460, RSMo.
