[Ord. No. 09-012 §1, 4-6-2009]
In planning and developing a subdivision the developer shall comply with the general principles of design and minimum requirements for the layout of subdivisions set forth in Section 410.340 and with the rules and regulations and concerning required improvements set forth in Article VII in these regulations, and in every case shall pursue the following procedure.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Submission Of Sketch Plat. In order to minimize development
planning costs, avoid misunderstanding and ensure compliance with
the requirements of this Chapter, the developer or his/her engineer
shall submit in person a sketch plat to the Planning and Development
Department and consult with representatives from the Planning and
Development Department and Public Works Department prior to submitting
a formal application for a preliminary plat. The sketch plat shall
include a general layout showing the location of existing dwellings,
designated floodplains, natural or manmade water features, timbered
areas, the location of proposed streets, roadways, alleys, common
areas, parks, stormwater detention basins, floodplain area boundaries,
lots and other community facilities. The sketch plat shall be reviewed
to determine the requirements necessary for preparation of the preliminary
plat and so the applicant can acquaint himself/herself with the Planning
and Zoning Commission's requirements. The sketch plat is conceptual
in nature and does not require detailed finished plans. If the sketch
plat is for a project of significant size and density, the Director
of Planning and Development, at his/her discretion, may require the
developer/applicant to submit a copy to the Planning and Zoning Commission
for review.
[Ord. No. 19-006, 2-4-2019]
B.
Sketch Plat Expiration. Following sketch plat review the applicant may submit an application for preliminary plat as set forth in Section 410.110. If a preliminary plat application is not filed within six (6) months from the date of the sketch plat review meeting, the sketch plat will be considered to have expired and the applicant will be required to resubmit a sketch plat for the development.
C.
Required Scale. The sketch plat shall be drawn at a scale
no greater than one hundred (100) feet to the inch and which is in
increments of ten (10) feet.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Plat Conformity. The preliminary plat shall be in substantial
conformity with the approved sketch plat.
B.
Number Of Copies And Required Scale. The developer or his/her
engineer shall prepare and submit to the Planning and Development
Department a preliminary plat application along with four (4) folded
twenty-four (24) inch by thirty-six (36) inch black line or blue line
prints, two (2) folded eleven (11) inch by seventeen (17) inch legible
prints, an electronic copy, and all other required supplemental material
as set forth in this Title. The plat shall be drawn at a scale no
greater than one hundred (100) feet to the inch and which is in increments
of ten (10) feet.
[Ord. No. 19-006, 2-4-2019]
C.
Initial Submission Deadline. Preliminary plats will be considered
by the Planning and Zoning Commission at its regular meeting on the
fourth (4th) Monday of the month for recommendation to the Board of
Aldermen. Applications for a preliminary plat and all supplemental
materials shall be submitted to the Planning and Development Department
no later than the end of the business day on the third (3rd) Friday
of each calendar month. Applications that are timely submitted and
approved will be considered at the Planning and Zoning Commission
meeting in the month following submission.
[Ord. No. 19-006, 2-4-2019]
D.
Review Fees. A fee shall be charged for each application
filed. This fee shall be established as set forth in Section 405.490.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
A.
Staff Review. The preliminary plat shall be reviewed by
the Planning and Development Department and the Public Works Department
to determine its conformity with the City of Ozark ordinances and
Comprehensive Plan and the plat's compliance with all applicable County,
State and Federal laws and regulations.
B.
Staff Review Deadlines. The staff review meeting will be
held no later than fifteen (15) business days after the submission
of the preliminary plat application deadline.
C.
Staff Comment Report. The Planning and Development Department
shall prepare a report that outlines departmental staff comments,
concerns, considerations and recommended revisions to the preliminary
plat. A copy of the report will be faxed, mailed or e-mailed to the
applicant and/or his/her engineer within ten (10) business days following
the completion of the staff meeting so comments can be addressed and
revisions, if any, to the preliminary plat can be made. A copy of
this report will be placed in the applicant's file.
[Ord. No. 09-012 §1, 4-6-2009]
Following the staff review and comment process, a revised preliminary
plat and all supplemental material must be submitted to the Planning
and Development Department by the end of the business day on the third
(3rd) Monday of the month prior to the Planning and Zoning Commission
meeting at which review and action is desired.
A.
Planning
And Zoning Commission Review. The Planning and Zoning Commission will
review the preliminary plat and supplemental materials to determine
if the plat meets the standards set forth in this Title.
B.
Planning
And Zoning Commission Approval Of Preliminary Plat. The Planning and
Zoning Commission shall approve, approve with modifications or disapprove
the preliminary plat within one hundred twenty (120) days from and
after the meeting at which the preliminary plat was submitted. The
Planning and Zoning Commission will clarify to the applicant or his/her
representative attending the meeting what action, if any, was taken
by the Planning and Zoning Commission, specifying what changes or
additions, if any, will be required prior to final review and approval
of the preliminary plat. If the Planning and Zoning Commission within
the one hundred twenty (120) day time period takes no action, the
preliminary plat shall be deemed to be disapproved by the Planning
and Zoning Commission. The one hundred twenty (120) day period for
Planning and Zoning Commission action may be extended upon written
request of the applicant.
C.
Planning
And Zoning Commission Approval With Conditions.
1.
Any conditions to the preliminary plat required as prerequisites
for approval shall be noted in the minutes of the Planning and Zoning
Commission's public hearing. A list of required conditions will be
sent to the applicant or his/her engineer within ten (10) business
days so the preliminary plat can be revised and resubmitted to the
Planning and Development Department prior to the Board of Aldermen
hearing for approval.
2.
The revised preliminary plat must be received and approved by the
Planning and Development Department prior to being placed on the Board
of Aldermen's agenda.
D.
Planning
and Zoning Commission's Denial Of A Preliminary Plat. If the Planning
and Zoning Commission denies 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) business
days of the action. The grounds for denial of any preliminary plat
submitted or regulations violated by the plat shall be set forth in
the minutes of the Planning and Zoning Commission meeting.
E.
Resubmission
Of A Denied Preliminary Plat. If, after denial, the applicant elects
to resubmit a revised preliminary plat for further consideration,
the applicant must do so within ninety (90) days from the date of
the Planning and Zoning Commission's denial. If the applicant resubmits
the revised preliminary plat within the time frame set out above,
no additional fees will be assessed. If the applicant does not resubmit
a revised preliminary plat within ninety (90) days from the date of
denial, the Planning and Zoning Commission's decision is considered
final and any resubmission thereafter will be assessed new application
fees.
F.
Appeal.
In the event that the Planning and Zoning Commission denies the preliminary
plat, the applicant may appeal such decision to the Board of Aldermen
within ninety (90) days from the date of the denial. Said notice of
appeal shall be in writing and delivered to the Planning and Development
Department. In such event the Planning and Zoning Commission shall
forward their recommendation to the Board of Aldermen along with their
reasoning and supporting information.
G.
Board
Of Aldermen Approval Of Preliminary Plat. If approved by the Planning
and Zoning Commission or approved with conditions, the preliminary
plat shall be forwarded to the Board of Aldermen and the Board of
Aldermen may approve said plat. The Board of Aldermen shall determine
if the land or easement proposed to be dedicated by the applicant
for public use or if the public improvements shall be accepted by
the City. If the Board of Aldermen determines that the location of
the land to be dedicated for public use or the location of public
improvements is appropriate and complies with applicable ordinances
then the Board of Aldermen shall authorize the acceptance of the dedication
of the land or easements upon the applicant filing and recording a
final plat which substantially conforms to the preliminary plat and
shall authorize the acceptance of the public improvements upon the
Director of Public Works certifying to the Director of Planning and
Development and the City Clerk that the public improvements have been
made in accordance with City standards and specifications.
1.
No person shall present testimony to council which is substantially
and materially different from that presented to the commission at
its hearing on the matter, and no exhibit will be accepted by council
that has not been presented to the commission at its hearing on the
matter. However, this Subsection is not intended to prevent the introduction
of new testimony, new exhibits, or other new evidence when there is
a clear showing, as determined by a majority of Aldermen, that the
introduction of such evidence before the commission was not in good
faith reasonably possible.
2.
Should a person present testimony that is substantially or materially
different from that presented to the commission at its hearing on
the matter or should an exhibit be offered that has not been presented
to the commission at its hearing on the matter, subject to the exception
contained in Subsection 410.140(F)(1), any person on the opposing
side of the matter before council may claim prejudice from such presentation
or offering, and council shall upon such a claim have sole discretion
to determine whether the person claiming prejudice has in fact been
prejudiced from such presentation or offering. Upon a determination
that prejudice exists, council shall refer the matter back to the
commission for a new notice and hearing.
H.
Effect
Of Preliminary Plat Approval. Approval of a preliminary plat by the
Planning and Zoning Commission and Board of Aldermen constitutes approval
of the subdivision as to the character and density of development,
the arrangement, location and approximate dimension of streets, lots,
utility easements, detention basins and other planned features and
authorizes the applicant to proceed to prepare sedimentation and erosion
control plans; submit an application for a land development/land disturbance
permit; and proceed with the preparation of construction drawings
including, but not limited to, streets, potable water, sanitary sewer
and stormwater infrastructure specifications.
I.
Land Development/Land Disturbance Permits. Approval of the preliminary plat shall require the developer to submit an application for a land development/land disturbance permit to the Planning and Development Department for review and approval prior to grading, alteration and/or removal of any natural land cover. (See Section 410.160.)
J.
Construction
Drawing Submittals. Approval of the preliminary plat shall authorize
the developer to commence the generation of construction drawings
that shall be submitted to the Planning and Development Department
for review and approval prior to starting actual construction.
1.
Approval of the preliminary plat shall require the developer's engineer
to provide a digital copy of the approved construction drawings to
the Planning and Development Department prior to any site improvement
construction. All preliminary plats and construction drawings shall
be provided as an AutoCAD dwg file and shall be on U.S. State Plane
1983, Missouri Central 2402 Zone [NAD 1983, CONUS] coordinates.
2.
Approval of construction drawings shall authorize the developer to
commence construction of all required infrastructure improvements
including, but not limited to, stormwater detention basins, curbs,
gutter and inlets, sanitary sewer lines, lift stations, potable water
lines, impervious roadway surfaces, sidewalks, landscaping and/or
buffer yards as well as other applicable improvements required by
the Planning and Zoning Commission and Board of Aldermen.
3.
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 Ozark of any dedicated
improvements anticipated in the preliminary plat.
[1]
Editor's Note: This title was amended to include "and Board
of Aldermen."
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
The approval of a preliminary plat shall remain effective for
a period of twelve (12) consecutive months from the date of approval
or the last inspection of the public improvements. If the applicant
fails to submit a final plat within the said twelve (12) month period
or within the sole discretion of the Planning and Development Director,
or his/her designee, the applicant is actively in the process of completing
the public improvements, the authority granted by the approval of
the preliminary plat shall automatically expire. In the event that
the applicant desires to continue development, a new application for
preliminary plat shall be required.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Purpose. The purpose of the land development/land disturbance
permit is to allow the Planning and Development Department to more
effectively monitor sediment and stormwater runoff from disturbed
properties within the City limits; reduce the occurrences of erosion
caused by construction activities and the removal of permanent land
cover; and implements a public infrastructure inspection process and
fee for new development that creates, alters or connects to public
infrastructure.
B.
Circumstances Requiring A Land Development Permit. In the
event a developer, land owner and/or land owner's representative obtains
a preliminary plat approval for the purpose of developing property,
the holder of the preliminary plat must obtain a land development
permit prior to the removal of trees, demolition of existing water
features, alteration of drainageways and/or the removal of any existing
permanent land cover.
C.
Circumstances Requiring A Land Disturbance Permit. In the
event a developer, land owner and/or land owner's representative wishes
to remove permanent land cover within the City of Ozark on an area
of one (1) acre or more, one (1) of the above mentioned parties must
obtain a land disturbance permit prior to commencing work.
D.
Permit Application Submission. The applicant shall submit
an application for a land development/land disturbance permit on forms
provided by the Department of Planning and Development for the purpose
of obtaining a land development/land disturbance permit.
E.
Required Information. The applicant must provide any and
all information requested on the application including the following
supplemental information:
1.
A copy of the Department of Natural Resources construction permit
for land disturbance and grading of the property in question.
2.
A sedimentation and erosion control plan stamped by a Missouri registered
engineer.
3.
If the development is to be constructed in phases, the developer
shall specify on the application which phase the land development/disturbance
permit is being requested. A permit shall only be issued for the specified
phase under construction.
F.
Staff Review. The Public Works Department shall review the
submitted sedimentation and erosion control plans and provide the
developer with a review letter within two (2) weeks of submission
of the application.
[Ord. No. 19-006, 2-4-2019]
G.
Final Approval Of Plans. Both the Director of Planning and
Development and the Director of Public Works must approve the sedimentation
and erosion control plans prior to the issuance of a land development/disturbance
permit.
H.
Permit Fees. Prior to the issuance of any permit herein,
all permit fees must be paid according to the approved planning and
development fee schedules provided by Section 405.490.
I.
Effect Of The Land Development/Disturbance Permit. Issuance
of a land development permit and/or land disturbance permit by the
Department of Planning and Development authorizes the holder of said
permit to commence grading and removal of natural land cover for a
specified land area for the purpose of preparing the property for
development.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Plat Conformity. The final plat shall be in substantial
conformity with the approved preliminary plat.
B.
Application Submittal. The applicant and/or his/her engineer
shall submit to the Planning and Development Department an application
for a final plat and all supplemental information after completion
and approval of all public improvements. The applicant must pay all
associated filing fees at the time of submission.
[Ord. No. 19-006, 2-4-2019]
C.
Number Of Copies And Required Scale. The developer and/or his/her engineer shall prepare and submit to the Planning and Development Department a final plat application along with four (4) folded twenty-four (24) inch by thirty-six (36) inch black line or blue line prints, two (2) folded eleven (11) inch by seventeen (17) inch legible paper copies, an electronic copy, autoCAD file, and all other required supplemental material as set forth in Article IV Section 410.270. The plat shall be drawn at a scale no greater than one hundred (100) feet to the inch and which is in increments of ten (10) feet. Said scale shall be indicated on the plat graphically.
[Ord. No. 19-006, 2-4-2019]
D.
A fee
shall be charged for each application filed. This fee shall be established
as set forth in Section 405.490.
[Ord. No. 19-006, 2-4-2019]
E.
Payment Of Miscellaneous Fees. Payment of all fees and penalties
associated with the development of the subdivision must be paid in
full prior to submission of the final plat application.
F.
Public Improvements Required Prior To Submission.
[Ord. No. 16-018 §1, 5-2-2016; Ord. No. 19-006, 2-4-2019]
1.
Prior to submitting the application and all supplemental information for final plat approval, all required infrastructure improvements, including, but not limited to, all final grades and established ground cover within all rights-of-way and utility easements, storm water detention basins, curbs, gutters and inlets, sanitary sewer lines, lift stations, potable water lines, impervious roadway surfaces (including the final layer of asphalt), sidewalks, landscaping and/or buffer yards as well as other applicable improvements required by the Planning and Zoning Commission and Board of Aldermen must be constructed, inspected and approved by the appropriate City inspectors. The extent and nature of sidewalks required by this Subsection shall be determined by the provisions of Section 410.330 of this Chapter and the applicable roadway classification.
2.
If the Director of Public Works so approves, in lieu of the final completion of the landscaping and street asphalt topcoat as set forth in Subsection (F)(1) above, an applicant is granted the option of providing a cash deposit in an amount equal to a sum calculated by considering the cost to the City of materials, equipment and labor (at prevailing wage), administrative costs and any other incidental costs for the completion of all remaining public improvements set forth in the preliminary plat. The City shall hold this cash deposit in trust for a period of one (1) year from the date of the approval of the final plat, the applicant must complete all required landscaping and street asphalt topcoat within that period, and the applicant shall also be required to execute a trust agreement, in a form prepared by the City, that allows the City to draw upon the deposit and complete the required landscaping and street asphalt topcoat in the event that the applicant fails to complete landscaping and street asphalt topcoat in a timely fashion as required.
[Ord. No. 20-052, 8-17-2020]
a.
The Director of Public Works may require that any improvement be
made before the final plat is recorded and refuse to accept security
for such improvements when he/she determines the improvements are
necessary for the immediate protection of the adjacent property or
for compliance with any permits, codes, regulations, or laws, or if
he/she determines delay of the improvements does not comport with
sound engineering judgment.
b.
The release or reduction of said escrow agreement or other appropriate
security agreement shall be in accordance with the following:
(1)
Whenever the Director of Public Works, or his/her designee,
determines that any required improvement has been satisfactorily completed
and the subdivider's engineer or surveyor has certified to said Director,
through submission of a detailed "as-built" drawings of the subdivision
indicating location, dimensions, materials and other information required
by said Director, that the layout of the line and grade of all public
improvements are in accordance with construction plans for the subdivision
and that the improvements have been completed, are ready for dedication
to the local government, and are free and clear of any and all liens
and encumbrances. The Director shall release said bond or agreements
posted by the subdivider to insure to the City that particular improvement.
Said bond or agreements shall be released within thirty (30) days
of completion of each category of improvement, minus a maximum retention
of five percent (5%), which shall be released upon completion of all
improvements.
G.
Public Improvement As Built/Record Drawings. Shall be submitted
in accordance with the City of Ozark Design Standards for Public Improvements,
latest revision.
H.
Schedule Of Values. The applicant must submit with the final
plat application either a schedule of values sheet sealed by a Missouri
registered professional engineer or a copy of the accepted contractor's
bid for all proposed improvements to the Planning and Development
Department for review. The Director of Public Works must approve accepted
schedule of values.
I.
Maintenance After Approval. The developer shall maintain and keep in repair all required improvements for a period of one (1) year from the date the constructed improvements are approved by the Department of Public Works. (See Section 410.410.)
J.
Maintenance Bond. A surety in the form of a bond or irrevocable letter of credit from an insured financial institution shall be submitted by the subdivision developer/owner and approved by the Director of Public Works against any defects or failures to the City improvements or infrastructure. (See Section 410.410.)
K.
Subdivision Covenants And Restrictions. If the subdivision
contains any common use areas, then the applicant must submit with
the application a draft copy of the subdivision's homeowners' and/or
property owners' association covenants and restrictions to be reviewed
and approved by the City Attorney. Restrictive covenants, if any,
as well as a document showing that the establishment of a homeowners'
or property owners' association responsible for enforcing those covenants
or maintaining those common use areas will be required for all new
residential, commercial or industrial developments. These documents
must be approved by the City Attorney prior to recording the document
with the Christian County Recorder's office and shall be recorded
simultaneously with the final plat.
L.
Dedicated Property. All property which is offered for dedication
for public use and of all property that may be reserved by covenant
in the deeds for the common use of the property owners in the subdivisions,
with the purpose indicated thereon. All lands dedicated to the public
use other than streets or roads shall be marked on the plat and within
the plat notes: "Dedicated for Public Use" and "owned and maintained
by the Homeowners' Association or owners of all lots within the subdivision.
In the event the Homeowners' Association dissolves, the responsibility
and ownership will revert to the property owners within the subdivision."
[Ord. No. 19-006, 2-4-2019; Ord. No. 20-062, 10-5-2020]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 19-006, 2-4-2019]
A.
Administrative
Review Committee Approval Of Final Plat.
1.
The Administrative Review Committee shall be comprised of the Director
of Planning and Development, Director of Public Works, and the City
Administrator.
2.
The Administrative Review Committee shall determine if the application
for approval of the final plat is complete, and upon such finding
shall hold a meeting within thirty (30) days. At the Administrative
Review Committee meeting, if the final plat substantially conforms
to the preliminary plat, including the conditions of approval if any,
and upon such findings the Administrative Review Committee may approve
the plat.
3.
Approval of the final plat shall require the developer's engineer
to provide a digital copy of the plat to the Planning and Development
Department prior to recording the final plat. The final plat shall
reflect the "as-built" conditions existing on the property and shall
be provided as an AutoCAD dwg file on U.S. State Plane 1983, Missouri
Central 2402 Zone [NAD 1983, CONUS] coordinates.
B.
Administrative Review Committee Denial Of Final Plat. If the Administrative Review Committee denies the final plat, the applicant shall be furnished with a written statement of the reasons for the disapproval and recommended changes, if any, within ten (10) days of the meeting. The applicant has the right, upon denial, to resubmit the final plat as set forth in Subsection (C) below or file an appeal as provided in Subsection (D) below.
C.
Procedures
For Resubmitting A Revised Final Plat. If the applicant elects to
resubmit a revised final plat for further consideration by the Administrative
Review Committee, he/she must do so within ninety (90) days from the
Administrative Review Committee denial. If the applicant resubmits
a revised final plat within ninety (90) days, no additional fees will
be assessed.
D.
Appeals.
1.
In the event that the Administrative Review Committee denies the
final plat, the applicant may appeal such decision to the Planning
and Zoning Commission within ninety (90) days from the date of the
denial. Said notice of appeal shall be in writing and delivered to
the Planning and Development Department. In such event, the Administrative
Review Committee shall forward their recommendation to the Planning
and Zoning Commission along with their reasoning and supporting information.
2.
The Planning and Zoning Commission shall review the final plat and
supporting material, the recommendations from the Administrative Review
Committee, and recommendations from agencies or officials and testimony
and exhibits submitted at the public hearing to determine if the final
plat substantially conforms to the preliminary plat.
3.
The Planning and Zoning Commission shall approve, approve with conditions,
or disapprove the final plat and state its reason therefor. In any
case, a notation of the action taken and the reasons therefor shall
be entered in the records of the Planning and Zoning Commission. If
approved by the Planning and Zoning Commission, the final plat may
be recorded upon the applicant satisfying the conditions for recording
plats. If disapproved by the Planning and Zoning Commission, such
action is final unless appealed to the Board of Aldermen. Such appeal
shall be made, in writing, and delivered to the Planning and Development
Department, by the applicant within ninety (90) days of action by
the Planning and Zoning Commission.
4.
Review by the Board of Aldermen shall be limited to a determination
as to whether or not the final plat substantially conforms with the
preliminary plat. Upon review of the final plat and supporting material,
recommendations of the Planning and Zoning Commission, recommendations
of the Administrative Review Committee, recommendations from agencies
or officials, and testimony and exhibits submitted at the public hearing,
the Board of Aldermen shall determine if the final plat substantially
conforms to the preliminary plat. If approved, the plat may be signed
by required parties and the plat may be recorded in accordance with
the procedures set forth herein. If disapproved, the reason for denial
shall be attached to the plat and returned to the applicant.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Acknowledgment Of Final Plat. The owner, trustee, general
partner or the authorized officer or director of a corporation, partnership
or company shall sign the final plat before some official authorized
by law to take acknowledgments of conveyance of real estate.
B.
Recording Final Plat With Recorder Of Deeds. The applicant
shall record the final plat with the Christian County Recorder of
Deeds after the approval certificates are signed by the Planning and
Zoning Commission Chairman, County Collector, Mayor of Ozark, as attested
to under the hand and Seal of the City Clerk. The approval certificates
on two (2) mylar and two (2) paper copies of the final plat shall
be so signed and sealed by the Christian County Recorder of Deeds
and one (1) mylar, one (1) paper copy, and one (1) electronic copy
shall be returned, including the date and recorded book and page number
of the plat, to the City of Ozark Planning and Development Department.
The applicant/developer must cause to be recorded, simultaneously
with the recording of the final plat, a copy, if any, of the subdivision
covenants, homeowners' association and/or property owners' association
documents as approved by the City Attorney and Administrative Review
Committee.
[Ord. No. 19-006, 2-4-2019]
C.
Sale Or Conveyance Of Lots. The sale, conveyance, advertising
of lots and/or construction of buildings shall not commence until
the final plat, subdivision covenants, homeowners' association and/or
property owners' association documents have been recorded.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
final plat for any major subdivision that has received preliminary
plat approval may be submitted in stages provided that:
1.
Each stage satisfies the requirements set forth in this Chapter;
and
2.
All required improvements are provided for in the stage along with
any other improvements necessary to the subdivision's orderly development;
and
3.
The applicant has not allowed the preliminary plat to expire.
[Ord. No. 19-006, 2-4-2019]
A.
The
preliminary plat shall clearly show the following features and information:
1.
Name and code. The proposed name of the subdivision
which shall not duplicate or closely approximate the name of any other
subdivision in the City of Ozark or of any subdivision filed in Christian
County.
2.
Designation. The tract designation according to
real estate records of the recorder of the County where located.
3.
Owners of record. The names and addresses of the
owner or owners of record, the developer and the engineer or surveyor.
4.
Abutting owners. The name of adjacent subdivisions
and the names of record owners of adjacent parcels of unplatted land.
5.
Boundary lines. The boundary lines, accurate in
scale, of the tract to be subdivided.
6.
Streets — other features. The location, widths
and names of all existing or platted streets or other public ways
within or adjacent to the tract and other important features such
as existing permanent buildings; large trees and watercourses; railroad
lines; corporation and township lines; utility lines, etc.
7.
Existing utilities. Existing sewers, water mains,
culverts and other underground structures within the tract and immediately
adjacent thereto with pipe sizes and grades indicated.
8.
Physical characteristics. Topography; contours,
normally with intervals of five (5) feet or as may be otherwise required
by the Planning and Zoning Commission.
9.
Soils. Type and extent of soil groups with main
soil horizon description.
10.
Geology. Location, type and extent of subsurface
and exposed geological formations.
11.
Proposed design — street, drainage, etc.
a.
The layout names and widths of proposed streets, alleys and easements.
b.
The location and approximate sizes of catch basins, retention basins,
culverts and other drainage structures.
c.
The layout, numbers and approximate dimensions (including approximate
square footage) of proposed lots.
|
Proposed street names shall be established to the satisfaction
of the Planning and Zoning staff representative and the approval obtained
from the local U.S. Postmaster and shall not duplicate or closely
approximate any existing or platted street names in the City, except
extensions of existing streets.
|
12.
Zoning. Zoning boundary lines if any; proposed uses
of property and proposed front yard setback lines.
13.
North point, etc. North point, scale, date, title.
Both magnetic north and true north shall be indicated with the declination
also shown.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 09-026 §4, 7-6-2009; Ord.
No. 13-017 §1, 5-20-2013]
A.
Applicability. Site plans prepared and approved in accordance with the provisions of this Article are required to assist City administrative officials in ensuring compliance with all applicable requirements of this Article and to assist in the review of building permits. Whenever a site plan is required by Article II of this Chapter, a building permit shall not be issued until the site plan is approved. If the site plan is submitted and included as part of the building permit package, a separate site application and submittal shall not be required.
[Ord. No. 18-032, 8-6-2018]
B.
Developments Requiring A Site Plan.
1.
All development requests within the City of Ozark that propose a change to the current use of land and/or the enlargement of an existing structure or use shall comply with all requirements of this Chapter and all other development requirements with the City's most recently adopted codes and ordinances. (See Title V, Article X, Section 500.183 and City of Ozark Design Standards for Public Improvements.)
2.
All developments within the City of Ozark that are not exempted by Subsection (C) and which are listed as permitted and conditional uses in zoning districts as specified in Article II of Chapter 405, "Use Regulations by Zoning District" and Article III of Chapter 405, "Supplemental Use Regulations" are required to submit site plans.
3.
All developments proposed on property with an area of one (1) acre
or larger are required to submit site plans.
C.
Exemptions. The following uses and activities shall be exempt
from the requirements of this Section:
D.
Site Plan Review Process.
[Ord. No. 18-032, 8-6-2018]
1.
For developments on property, the applicant shall submit an application and all required information to the Planning and Development Department for review. The Planning and Development Department shall review the site plan and submit a letter to the applicant indicating approval or denial, noting required modifications necessary for approval, within thirty (30) business days of application submittal. All administrative officials within departments potentially affected by the proposed project shall review the site plan to determine compliance with the applicable regulations of this Article and the standards established in Subsection (F). Upon completion of review, the Planning and Development Department shall either approve the site plan or determine that the uniqueness of the project warrants further review and may cause the site plan to be considered by the Planning and Zoning Commission at the next scheduled Commission meeting.
2.
If the Planning and Development Department declines to approve
the site plan or if they approved the site plan subject to certain
modifications that are not acceptable to the applicant, the applicant
may request review and determination by the Planning and Zoning Commission.
The applicant shall submit a written request for review by the Planning
and Zoning Commission within fifteen (15) business days of the decision
by the Planning and Development Department. The Planning and Zoning
Commission shall have forty-five (45) business days from the date
of the applicant's request to make a determination. The actions of
the Planning and Zoning Commission shall be final.
E.
Effect Of Site Plan Approval. Approval of the site plan
or of the site plan with modifications acceptable to the applicant
shall authorize the continued processing of applications for any further
permits which may be required by this Code or any other ordinances
of the City including, but not limited to, approvals of a building
permit, a certificate of occupancy or a special use permit. A site
plan approval shall be valid for a period no longer than one (1) year
from the date of approval unless a building permit is issued and construction
has begun within the one (1) year period. If no such permits are issued
and/or construction has not begun within said one (1) year period,
the approval of the site plan will automatically expire and any authorization
granted by this Section shall terminate.
F.
Site Plan Review Standards. Site plans shall be reviewed
and approved based on the following applicable criteria:
1.
The site plan application indicates no violations of any applicable
provisions of this Code; and
2.
All the requested corrections and/or revisions to the site plan have
been completed; and
3.
The site plan will not result in unauthorized encroachment on an
easement, roadway, utility, public or private right-of-way; and
4.
In the case of a site plan submitted in conjunction with an approved
development plan, special use permit or planned unit development,
the site plan meets all specified standards found within this Code
as well as any additional standards required by the Planning and Zoning
Commission; and
5.
The proposed site plan does not and/or will not create specific drainage
or erosion problems; and
6.
The screening and buffer area landscaping plan for the site, if any,
adequately shields the proposed use from adjacent uses that may not
be compatible with the proposed use; and
7.
The circulation elements of the site plan, including road and pedestrian
circulation elements, does not and/or will not create hazards to safety
on or off the site, uncoordinated pedestrian or vehicular circulation
paths on or off the site or result in undue interference or inconvenience
to vehicular or pedestrian travel; and
8.
The proposed ingress and egress access points do not and/or will
not create transportation conditions that negatively affect the general
health, safety and welfare of the public.
9.
In the case that a site plan is submitted that will have outdoor
display(s) of merchandise for sale in the front yard area, the site
plan shall reflect the designated area(s) for such display and will
be marked as such on the site plan and does not and/or will not in
any way take away from any other requirements for the site.
[Ord No. 15-007 §4, 2-17-2015]
The Planning and Zoning Commission authorizes the Director of
Planning and Development to serve as their representative and as such,
shall have the authority to approve a site plan submitted for review
under the requirements of the City Code.
[1]
Editor's Note: Ord. No. 18-032 also changed the title of this
Section to remove "in a Platted Subdivision" from the end of this
title.
[1]
Editor's Note: Former Section 410.227, Administrative Approval
of a Site Plan Not in a Platted Subdivision, was repealed 8-6-2018
by Ord. No. 18-032.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 18-032, 8-6-2018]
A.
The Department of Planning and Development shall review all subdivision
proposals and all other proposed new developments to ensure that:
1.
All such proposals are consistent with the need to minimize
flood damage; and
2.
All public utilities and facilities, such as sewer, gas, electrical,
communications and water systems, are located, elevated and constructed
to minimize or eliminate flood damage; and
3.
Adequate drainage is provided so as to reduce exposure to flood hazards;
and
4.
New or replacement water supply systems and/or sanitary sewage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into floodwaters.
On-site waste disposal systems shall be so located as to avoid impairment
or contamination during flooding.
