[Ord. No. 1251 §1(101), 10-15-2002]
This Chapter shall be known and may be cited and referred to
as the City of Branson West Subdivision Regulations.
[Ord. No. 1251 §1(102), 10-15-2002]
A.
This
Chapter is adopted pursuant to the authority contained in Sections
89.010 to 89.480, RSMo.
B.
The
regulations contained in this Chapter are adopted for the following
purposes:
1.
To protect and provide for the public health, safety, and general
welfare of the City of Branson West.
2.
To provide for adequate light, air, open spaces, and to protect from
flooding and other dangers.
3.
To provide for adequate transportation and circulation throughout
the City of Branson West and to ensure the provision of adequate public
infrastructure and improvements to serve the population.
4.
To prevent the pollution of water resources and to ensure the adequacy
of drainage facilities.
5.
To encourage the orderly and beneficial development of the City of
Branson West and to promote good planning and land development practice.
6.
To preserve and protect the value of land and buildings and to promote
the efficient expenditure of public financial resources.
[Ord. No. 1251 §1(103), 10-15-2002; Ord. No. 75-2009 §1(103), 7-14-2009]
A.
This
Chapter shall apply to all land, buildings, and structures within
the corporate boundaries of the City of Branson West, Missouri, and
the applicable provisions of this Chapter shall apply to such other
areas outside of the corporate boundaries which may contract with
the City of Branson West for the provision of public services.
B.
The preceding Subsection (A) shall not apply to the land, buildings and structures owned by the City of Branson West that is encompassed by the airport layout plan for the Branson West Municipal Airport, as approved and from time to time amended by the City of Branson West and the Federal Aviation Administration. The Board of Aldermen retains the right to determine by resolution on a case-by-case basis which buildings or other structures on City property must comply with the City's building codes.
[Ord. No. 1251 §1(104), 10-15-2002]
This Chapter shall be in full force and effect from and after
passage, October 15, 2002.
[Ord. No. 1251 §1(105), 10-15-2002]
A.
The
provisions of this Chapter shall be considered to be the minimum requirements
for the protection of the public health, safety, morals and general
welfare. Where the conditions imposed by any provision of this Chapter
are either more restrictive or less restrictive than conditions imposed
by any other provision of this Chapter or other applicable law, ordinance,
rule or regulation, the regulations which are more restrictive and
which impose a higher standard shall govern.
B.
The
provisions of this Chapter are separable. If any Section, sentence,
clause or phrase of this Chapter is for any reason held to be invalid
by a court of competent jurisdiction, the decision shall not affect
the remaining portions of this Chapter. If any court of competent
jurisdiction shall adjudge invalid the application of any provision
of this Chapter to a particular property, such judgment shall not
affect the application of said provision to any other property.
[Ord. No. 1251 §1(106), 10-15-2002]
A.
Territorial Application. Except as hereinafter specified,
these regulations shall apply to all land development within the City
of Branson West, including:
1.
The division of any tract of land into two (2) or more tracts or
lots, any of which contains less than ten (10) acres.
3.
Any land offered for sale, lease or development involving real property
consisting of an undivided interest in common with other purchasers
in a portion of a parcel of real property, together with a separate
interest in space in a building or other improvements (example, condominium
development).
4.
The dedication or vacation of any public street, alley or easement.
5.
Resubdivision of any tract of land or portion of a tract, vacant
or improved.
6.
Development of any subdivision for which a plat has been recorded
in the office of the Stone County Recorder of Deeds prior to the effective
date of this Chapter, where development or improvements have not commenced
within two (2) years after the effective date of this Chapter.
7.
Construction on any tract that changes the pattern of storm water
runoff, the traffic pattern to the site, and/or utility service to
the site.
B.
Exemptions. The following divisions of land are exempt from
these regulations:
1.
Transfer of interests by inheritance or pursuant to court order.
2.
Transfers of remainders resulting from the exercise of eminent domain
or the threat thereof.
3.
Foreclosure of a deed of trust or other security instrument.
4.
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not created.
C.
Platting And Development Not Permitted. No land shall be
developed or platted within the incorporated area of the City of Branson
West except in conformance with the provisions of this Chapter.
D.
Recordation. The Stone County Recorder of Deeds shall not
record a plat of any subdivision within the corporate boundaries of
Branson West unless the plat has been approved in accordance with
the provisions of this Chapter. In the event any such unapproved plat
is recorded, it shall be considered invalid and the Board of Aldermen
shall institute proceedings to have the plat stricken from the records
of the County pursuant to applicable State Statutes.
E.
Sale Or Transfer Of Lots. No owner or designated agent of
any land located within a subdivision shall transfer, sell, agree
to sell, or negotiate to sell any land by reference to, exhibition
of, or by the use of a plan or plat of a subdivision before such plan
or plat has been approved and recorded in the manner prescribed herein.
The description of such lot or tract by metes and bounds in the instruments
of transfer or other documents used in the process of selling or transferring
shall not exempt the transaction from the provisions of this Chapter.
F.
Permits. No development permit shall be issued for any lot,
parcel or tract of land which was created after the effective date
of this Chapter and which is not in conformance with the provisions
of this Chapter.
G.
Excavation. No excavation of land or construction of any
public or private improvements shall take place or be commenced except
in conformity with the provisions of this Chapter.
H.
Plat Modifications. No changes, erasures, modifications
or revisions shall be made on any plat of a subdivision after final
approval has been given by the Board of Aldermen and endorsed in writing
on the plat, unless the plat is first resubmitted to the Planning
and Zoning Commission and the Board of Aldermen in accordance with
the procedures established herein.
I.
Application To Areas Outside Corporate Limits. Where City
water, sewer or any other public improvement may be extended to areas
outside of the corporate limits of Branson West, such improvement
shall be installed in conformity with the applicable provisions of
this Chapter and the Branson West Standard Specifications for Public
Improvements.
[Ord. No. 1251 §1(107), 10-15-2002]
A.
Any
plat or any part of any plat may be vacated by the owner, at any time
before the sale of any lot therein, by a written instrument, to which
a copy of such plat shall be attached declaring the same to be vacated.
B.
Such
instrument shall be approved by the Board of Aldermen in like manner
as plats of subdivisions.
The Board of Aldermen may reject any such instrument that abridges
or destroys any public rights in any of its public uses, improvements,
streets or other public rights-of-way.
C.
Where
lots have been sold, the plat may be vacated in the manner herein
provided by all the owners of lots in such plat joining in the execution
of such instrument.
[Ord. No. 1251 §1(108), 10-15-2002]
A.
Fees
to cover the costs of administration, inspection, engineering review,
and similar matters may be charged to applicants for development plan
review, subdivision platting, appeals, and variances. A list of all
established fees related to the requirements of this Chapter is available
at the Branson West City Hall.
