[Ord. No. 1251 §1(501), 10-15-2002]
The intent of this Article is to provide for the subdivision
of a tract or parcel into not more than four (4) lots, including any
remainder proposed to be retained by the owner, provided that public
improvements are not required and the resulting lots shall not again
be divided without replatting.
[Ord. No. 12-2022, 11-14-2022]
A. In order to minimize development planning costs, avoid misunderstanding,
and ensure compliance with the requirements of this Chapter, the developer
is required to submit to the City a sketch plan of the proposed subdivision.
Although not required, the developer is encouraged to discuss the
subdivision proposal with the Commission prior to the formal submission
of the sketch plan.
B. The sketch plan shall be submitted no less than fifteen (15) working
days prior nto[??] the next scheduled Commission meeting.
C. The sketch plan is conceptual in nature and does not require detailed finished plans. However, the sketch plan shall contain the information specified in Article
VII, Required Plats and Plans, Section
405.380, Sketch Plan.
D. Commission Review Of Sketch Plan. The sketch plan shall be reviewed
by the Commission to determine:
1.
Compliance with the Branson West Comprehensive Plan.
2.
Compliance with the City of Branson West Zoning Regulations
and general compliance with the City of Branson West Subdivision Regulations.
3.
General design of the subdivision.
4.
Compatibility of subdivision with surrounding development.
5.
Consistency with the Minor Subdivision requirements of Section
405.230(A) (Minor Subdivision Standards).
E. Commission Approval Of Sketch Plan. The Commission shall either approve
the sketch plan, approve with modifications, or disapprove the sketch
plan within thirty (30) working days of the meeting at which the sketch
plan is considered.
1.
Within ten (10) days following the Commission meeting, the Commission
will notify the applicant or his/her agent, in writing, of the action
taken by the Commission, specifying what changes or additions, if
any, are prerequisites for Commission approval of the sketch plan.
2.
If the Commission takes no action on the sketch plan within
the thirty (30) working days stipulated, the sketch plan shall be
deemed to be approved by the Commission.
3.
Approval of the sketch plan by the Commission constitutes approval
of the general character of the subdivision and authorizes the applicant
to proceed to prepare and submit a minor subdivision plat in accordance
with the requirements of this Article.
4.
If the Commission disapproves the sketch plan, the Commission
shall attach to the sketch plan a statement of the reasons for such
action and return it to the applicant within ten (10) days of the
action.
[Ord. No. 1251 §1(502), 10-15-2002; Ord.
No. 12-2022, 11-14-2022]
A. An application for minor subdivision approval shall be submitted
to the City no less than fifteen (15) working days prior to the scheduled
Commission meeting. The application shall be accompanied by eight
(8) copies of the following:
1.
A proposed minor subdivision plat of the real estate included
in the plat, prepared by a registered land surveyor, which contains
the surveyor's declaration or certification that:
a.
A survey was conducted in a manner consistent with the current
"Missouri Minimum Standards for Property Boundary Surveys" and applicable
subdivision standards;
b.
The plat fully complies with the requirements of the minor subdivision
regulations of the City of Branson West;
c.
The plat is a correct representation of the exterior boundaries
of the land surveyed and the subdivision of it;
d.
The plat shows the location of any structure(s), thereon, together
with the exact nature, location and dimensions of the proposed minor
subdivision; and
e.
The plat represents a survey made by him or her and all monuments
indicated thereon actually exist and their location, size and material
are correctly shown.
2.
Confirmation by the Planning and Zoning Administrator that a sketch plan has been submitted and approved by the Commission per Section
405.215 (Submission and Review of Sketch Plan by Planning and Zoning Commission).
3.
A signature block on the plat where the City Administrator shall
certify that the plat conforms to all applicable City requirements
and specifications.
4.
A signature block on the plat where the owner of the land attests
to the following statement worded substantially in the following form:
"As owner I hereby certify that I have caused the land described
on this plat to be surveyed, divided, mapped, and dedicated and access
rights reserved as represented on the plat."
This statement shall be notarized.
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[Ord. No. 1251 §1(503), 10-15-2002]
A. Minor Subdivision Standards. The Commission shall review
applications for minor subdivisions based on the following standards.
A minor subdivision shall not be approved if:
1. More than four (4) lots will be created.
2. New streets or alleys are needed or proposed.
3. A vacation of streets, alleys, easements, setback lines or access
control is needed or proposed.
4. There is less street right-of-way than required by this Chapter,
unless such dedication can be made by separate instrument
5. A substandard sized lot will be created.
6. The subdivision will result in a lot or tract without direct access
to a street.
7. The extension of a public water or sewer system is needed or proposed.
8. The installation of drainage improvements through one (1) or more
lots to serve one (1) or more other lots is needed or proposed.
9. The subdivision will result in significant increases in utilities
and services levels or will interfere with maintaining existing utilities
and service (e.g., traffic control, street maintenance, etc.).
10. The tract or lot to be subdivided has been previously created through
the minor subdivision procedures of this Article.
B. Commission Action. The Commission shall make a determination within sixty (60) working days of the meeting at which the minor subdivision is considered. The Commission shall approve the proposed subdivision unless the subdivision is not a minor subdivision as defined in Section
405.090, or the proposed subdivision fails to comply with Subsection
(A), or any other applicable requirement of this Chapter. If the subdivision is disapproved, the Commission shall provide the applicant with a written statement of the reasons for denial within ten (10) days of action by the Commission.
C. Appeals Of Commission Decision. Actions taken by the Commission regarding disapproval of a minor subdivision application 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 override the disapproval of the minor subdivision application by the Commission with the affirmative vote of not less than two-thirds (2/3) of 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 Subsection
(A).
[Ord. No. 1251 §1(504), 10-15-2002]
A. Board Of Aldermen Action. If the Commission approves the
minor subdivision application, the Commission shall forward its recommendation
and findings to the Board of Aldermen. The Board of Aldermen shall
consider the recommendations of the Commission and shall either approve
or disapprove the minor subdivision. If the subdivision is disapproved,
the Board of Aldermen shall provide the applicant with a written statement
of the reasons for denial within ten (10) days of action by the Board.
B. Recording Of Survey. Approval of the minor subdivision by
the Board of Aldermen is contingent upon the survey being recorded
within thirty (30) days after the date the certificate of approval
is signed by the City Clerk.
[Ord. No. 1251 §1(505), 10-15-2002]
A. The
following certificates shall be signed and affixed to the minor subdivision
survey:
1. Legal description of subdivision and lots (to be entered on certification
sheet).
2. Certificate of ownership.
I hereby certify that I am the owner of property described hereon,
which property is within the jurisdiction of the City of Branson West,
Missouri, and that I freely adopt this plan of subdivision.
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Date
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Owner
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Notary
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3. Certificate of survey and accuracy.
I, ________, do hereby certify that this plat was prepared and
the monuments and pins set under my personal supervision from an actual
survey of the land herein, in accordance with the Missouri Minimum
Standards for Property Boundary Surveys, and the Subdivision Regulations
of Branson West, Stone County, Missouri.
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Date
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Surveyor Name and Registration No.
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4. Certificate of approval — Board of Aldermen.
I hereby certify that the minor subdivision shown on this survey
is in compliance with the City of Branson West Subdivision Regulations,
and that therefore this subdivision has been approved by the Branson
West, Missouri Board of Aldermen, subject to its being recorded in
the Stone County Registry within thirty (30) days of the date below.
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Date
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City Clerk
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(SEAL)
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5. Recorder's certificate.
I, _________, Recorder of Stone County do hereby certify that
the within instrument of writing was on the ____ day of 20__ AD at
___ o'clock ___ Min ___ M duly files for record and is recorded in
the records in this office in Book ___ at page____. In testimony whereof,
I have hereunto set my hand and affixed my official seal at my office
in Galena, Missouri, this ___ day of ________, 20__.
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