[Ord. No. 1251 §1(601), 10-15-2002]
All subdivision of land not otherwise classified as a minor
subdivision nor in conformity with the requirements for minor subdivision
approval shall be subject to the requirements and procedures of this
Article.
[Ord. No. 1251 §1(602), 10-15-2002]
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 to 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.
[Ord. No. 1251 §1(603), 10-15-2002]
A. Commission Review. 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.
B. 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. The Commission will notify the
applicant or his/her agent within ten (10) days, 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.
If the Commission takes no action on the sketch plan within the thirty
(30) days stipulated, the sketch plan shall be deemed to be approved
by the Commission. 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 preliminary plat
in accordance with the requirements of this Article.
C. Commission Disapproval Of Sketch Plan. 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(604), 10-15-2002]
A. The
preliminary plat shall be in substantial conformance with the approved
sketch plan.
B. The preliminary plat and all other materials and procedures, as specified in Article
VII, Required Plats and Plans, shall be in compliance with the applicable provisions of this Chapter. It is the responsibility of the subdivider to coordinate his/her plans with the respective private and public agencies in the manner set forth in this Chapter.
C. The
application for a preliminary plat and all informational materials
shall be submitted to the City Clerk no less than fifteen (15) working
days prior to the Commission meeting.
[Ord. No. 1251 §1(605), 10-15-2002]
A. Commission Review. The Commission will review the preliminary
plat and informational materials to determine if the plat meets the
standards set forth in this Chapter. The plans may also be submitted
to other State or local bodies for review as may be determined necessary
by the Commission.
B. Commission Approval Of Preliminary Plat. The Commission
shall either approve, approve with modifications, or disapprove the
preliminary plat within sixty (60) working days after the meeting
at which the plat was considered. The Commission will notify the applicant
or his/her agent within ten (10) days, in writing, of the action taken
by the Commission, specifying what changes or additions, if any, will
be required for preliminary plat approval. If no action is taken by
the Commission within the sixty (60) day time period, the preliminary
plat shall be deemed to be approved by the Commission. The sixty (60)
day period for Commission action may be extended upon the request
of the applicant.
C. Commission Notation. Any changes of the preliminary plat
required by the Commission as prerequisites for approval by the Commission
shall be noted on four (4) copies of the preliminary plat. One (1)
copy shall be returned to the applicant.
D. Commission Disapproval Of Preliminary Plat. If the Commission
disapproves the preliminary plat, the Commission shall attach to the
preliminary plat a statement of the reasons for such action and return
it to the applicant within ten (10) days of the action.
E. Appeals To Board Of Aldermen. Actions taken by the Commission
regarding disapproval of a preliminary plat 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 a preliminary plat
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. If the Board
of Aldermen disapproves the preliminary plat, the Board shall attach
to the preliminary plat a statement of the reasons for such action
and return it to the applicant within ten (10) days of the action.
F. Board Of Aldermen Approval Of Preliminary Plat. After approval
of the preliminary plat by the Commission, the preliminary plat 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 preliminary
plat. Any changes or modifications required by the Board of Aldermen
for approval of the preliminary plat shall be noted on four (4) copies
of the plat. One (1) copy shall be returned to the applicant, one
(1) copy shall be retained by the City Clerk, one (1) copy shall be
retained by the City Engineer, and one (1) copy shall be returned
to the Commission.
G. Effect Of Preliminary Plat Approval. Approval of the preliminary
plat by the Board of Aldermen constitutes approval of the subdivision
as to the character and intensity of development, the arrangement
and approximate dimension of streets, lots and other planned features,
and authorizes the applicant to proceed to prepare a final plat and
plans for all required improvements. Approval of the preliminary plat
shall not authorize the sale of lots or the construction of buildings
or public improvements, nor shall it constitute acceptance by the
City of any dedicated improvements.
[Ord. No. 1251 §1(606), 10-15-2002]
A. Effective Period. The approval of the preliminary plat shall
be effective for a period of twelve (12) months, unless an extension
of time for up to an additional twelve (12) months is granted by the
Commission. If the applicant fails to submit the final plat within
the specified time period, the approval of the preliminary plat shall
be nullified and a preliminary plat shall be resubmitted to the Commission
for approval.
B. Time Extensions. Requests for extension of time on submitting
the final plat shall be made in writing to the Commission before the
expiration date of preliminary plat approval. If the Commission grants
an extension of time for the submission of the final plat, the Commission
shall, when considering the final plat:
1. Make a finding that the conditions on which the preliminary plat
was approved have not substantially changed, or
2. Require changes in the final plat, prior to approval, that reflect
any substantial changes on the subdivision site or its surroundings
that have taken place since preliminary plat approval.
[Ord. No. 1251 §1(607), 10-15-2002]
A. The Commission shall either recommend approval or disapproval of final plats in accordance with the provisions of Section
405.330.
B. The
applicant shall submit the final plat application to the City Clerk
at least fifteen (15) working days prior to the scheduled Commission
meeting.
C. Letters of commitment, in accordance with Article
VIII, Required Public Improvements, shall be submitted with the final plat application.
[Ord. No. 1251 §1(608), 10-15-2002]
A. Commission Approval Of Final Plat. The Commission shall
recommend approval of the final plat unless it finds that the plat
or the proposed subdivision fails to comply with one (1) or more of
the requirements of this Article or that the final plat substantially
differs from the approved preliminary plat. The Commission shall have
sixty (60) working days to take action on the final plat.
B. Commission Disapproval Of Final Plat. If the final plat
is disapproved by the Commission, the applicant shall be furnished
with a written statement of the reasons for the disapproval and recommended
changes, if applicable.
C. Appeal To Board Of Aldermen. If the final plat is disapproved
by the Commission, the applicant may request that said plat be submitted
to the Board of Aldermen together with the written report of the Commission
stating the reason or reasons for the actions taken. The Board of
Aldermen may make such findings and determinations as are consistent
with the provisions of this Chapter.
D. Board Of Aldermen Approval Of Final Plat. After approval
of the final plat by the Commission, it shall be submitted to the
Board of Aldermen for approval. The final plat shall be approved by
ordinance.
E. Final Plat Recording. Approval of the final plat by the Board of Aldermen is contingent upon compliance with the requirements of Article
VIII, Required Public Improvements, and the plat being recorded within thirty (30) days after the approval certificates are signed by the Commission Secretary and signed and sealed under the hand of the City Clerk. The approval certificates on four (4) copies of the final plat shall be so signed and sealed. The applicant shall submit the mylar and three (3) paper copies of the final plat to the City for recording. The City shall be responsible for recording the plat. Two (2) copies shall be returned to the applicant.
[Ord. No. 1251 §1(609), 10-15-2002]
A. The
final plat for any major subdivision that has received preliminary
plat approval may be submitted in sections or phases provided that:
1. Each section or phase satisfies the requirements set forth in these
regulations and other City ordinances.
2. All required improvements are provided for the section or phase along
with any other improvements necessary to the subdivision's orderly
development.
3. After final plat approval of each section or phase, the subdivider
shall have one (1) year in which to submit the final plat for the
next section or phase of the subdivision.
[Ord. No. 1251 §1(610), 10-15-2002]
A. Approval
of a final plat does not constitute acceptance by the City of the
offer of dedication of any streets, alleys, sidewalks, parks, or other
public facilities shown on the plat. However, the City may accept
any such offer of dedication by ordinance of the Board of Aldermen.
B. All
improvements for which an offer of public dedication has been made
shall be maintained by the owner until such offer of dedication is
accepted by the appropriate public authority.