[Ord. No. 2025-10, 5-12-2025]
A. 
The rules and regulations set out herein shall be referred to as the "Land Subdivision Regulations of the Village of Sunrise Beach," hereinafter "Subdivision Code" or "Code."
B. 
The Code as adopted herein is intended to serve the following purposes:
1. 
To assist orderly, efficient and integrated development within the territorial jurisdiction of the Village;
2. 
To promote the health, safety and general welfare of the residents of the Village;
3. 
To ensure conformance of subdivision plans with the Comprehensive Plan, zoning, minimum design and development standards and other requirements of this Code or ordinance; and
4. 
To assure equitable administration of all subdivision plans by providing uniform procedures and standards in compliance with the provisions of Missouri law and Village ordinance.
[Ord. No. 2025-10, 5-12-2025]
A. 
Definitions.
BOARD
The Board of Trustees of the Village.
COMMISSION
The Planning and Zoning Commission of the Village.
DEVELOPER
The developer is the person or entity applying for a subdivision. If the developer is not the owner of the property, the owner must also sign the application.
PLANNING COMMISSION REPRESENTATIVE (or REPRESENTATIVE)
The Planning Commission Representative shall be a person designated by the Chairman of the Planning and Zoning Commission for that purpose.
SUBDIVISION
A subdivision shall be defined as the division of any lot, tract of land or other lawful parcel of ground into two (2) or more lots.
B. 
Interpretation.
1. 
All interpretations of these rules and regulations are reserved to the administrative bodies referred to herein.
2. 
Nothing herein shall be interpreted to apply to the subdivision of land by the Village for streets or other rights-of-way purposes.
[Ord. No. 2025-10, 5-12-2025]
A. 
Applicability.
1. 
These regulations apply to any division of a lot, tract, or parcel of land into two (2) or more parcels, separate interests, or interests in common (including land used for condominiums, apartments, or any other multiple dwelling units), or creation of an estate in the airspace in the Village, unless exempted by Subsection (B). No subdivision plat shall be used for the purposes of sale or development until it has been approved and recorded.
2. 
If a tract of land that has been created or subdivided in the past is later described in any legal document or application filed with the Village as a single tract in deeds or plat by the legal or equitable owners, any later subdivisions of that tract, even if along the lines of the earlier subdivision, shall be subject to the requirements of this Chapter.
3. 
If any tract of land or airspace has been subdivided as one type of subdivision and thereafter is subdivided so as to create a different type of subdivision (for example, conversion of a condominium subdivision to a timesharing subdivision), such conversion shall be subject to the requirements of this Chapter.
4. 
A subdivision of land that was not lawful as of the effective date of this Code shall remain unlawful unless brought into compliance with this Code.
5. 
The provisions of this Chapter shall be held to be the minimum requirements necessary in the subdivision of land.
B. 
Exemptions. These regulations shall not apply to any division of land which:
1. 
Is created by a lien, mortgage, deed of trust, or any other security instrument;
2. 
Is created by any interest in an investment entity;
3. 
Creates cemetery burial lots;
4. 
Creates an interest or interests in oil, gas, minerals, or water which are now or hereafter severed from the surface ownership of real property;
5. 
Is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy, or as tenants in common of such interest. For the purpose of this paragraph, any interest in common owned in joint tenancy shall be considered a single interest; or
6. 
Creates a leasehold interest of less than a twenty (20) years' term and involves no change in use or degree of use of the leasehold estate.
[Ord. No. 2025-10, 5-12-2025]
A. 
No land within the limits of the Village of Sunrise Beach shall be subdivided after the adoption of these regulations without complying with the provisions of this Chapter.
B. 
Required Approvals. Unless exempted as outlined in the previous Section, no land within Sunrise Beach shall be subdivided until each of the following conditions has occurred in accordance with this Code:
1. 
The applicant has obtained approval of a preliminary plat (if applicable) and final plat per Section 420.110; and
2. 
The applicant has filed the approved final plat with the Camden County Recorder of Deeds.
[Ord. No. 2025-10, 5-12-2025]
A. 
Subdivision of land may be of the following types:
1. 
Minor Plat.
a. 
An applicant shall apply for minor plat review if a proposed subdivision or reconfiguration of land does not:
(1) 
Contain more than five parcels, each of which has frontage on an existing street;
(2) 
Involve any new street or the extension of municipal facilities, or the creation of any public improvements;
(3) 
Adversely affect the remainder of the parcel or adjoining property; or
(4) 
Conflict with any provision or portion of the Comprehensive Plan, major street plan, zoning regulations, or any currently adopted Village engineering or design specifications.
b. 
In the event that the Commission is unable to meet in a timely fashion to review a minor subdivision, the Zoning Officer may, with the consent of the Chairman of the Board of Trustees, allow a minor subdivision to proceed directly to the Board of Trustees for review and approval.
B. 
Major Subdivision. All subdivisions other than minor plats shall be considered to be major subdivisions.
[Ord. No. 2025-10, 5-12-2025]
A. 
Pre-Application Meeting, Planning Commission Representative.
1. 
Not less than forty-five (45) days before preparing and submitting the preliminary plat to the Planning Commission, the developer or his/her engineer shall consult with the Representative of the Planning Commission, while the plat is in sketch form, to ascertain the location of proposed highways, primary or secondary thoroughfares, collector streets, parkways, parks, playgrounds, school sites, and other community facilities or planned developments and to acquaint himself/herself with the Commission's requirements.
2. 
The representative may reduce the pre-application time period at his/her discretion. During pre-application proceedings, the general features of the subdivision, its layout, facilities, and required improvements shall be determined to the extent necessary for the preparation of the preliminary plat. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.
B. 
Preliminary Plat.
1. 
Once the pre-application review has been completed, the developer may submit a preliminary plat for approval of a major subdivision. Developers seeking approval for a minor subdivision may proceed to file a final plat for approval with the Commission.
2. 
A developer desiring approval of a preliminary plat of a subdivision of any land lying within the Village of Sunrise Beach shall submit to the Commission a written application for such approval prepared on printed forms provided by the Zoning Officer. Such application shall be accompanied by plans and information prepared in accordance with the requirements set forth in this Chapter. The appropriate fee as set by ordinance shall be paid prior to Commission review of any preliminary plat. The Developer must submit a completed preliminary plat prior to the public hearing being advertised, generally three (3) weeks prior to the meeting.
3. 
The preliminary plat shall be in conformance with Section 420.090.
C. 
Review And Approval Of Preliminary Plat.
1. 
Review And Hearings. The preliminary plat shall be reviewed by the Commission to determine whether the plat is in harmony with the requirements of this Chapter.
2. 
The preliminary plat shall be reviewed at a duly called meeting of the Planning Commission. Notice of such a meeting shall be advertised in a newspaper of record at least ten (10) business days prior to the meeting.
3. 
Preliminary Plat Review Criteria. Recommendations and decisions on preliminary plat approvals shall be based on consideration of the following criteria:
a. 
Evidence of substantial compliance with the purpose and intent provisions of this Code.
b. 
Consistency with the Sunrise Beach Comprehensive Plan.
c. 
Physical suitability of the land for the proposed development or subdivision.
d. 
Compatibility of the subdivision design and development intensity with surrounding land uses.
e. 
Whether there are adequate infrastructure and facilities available to serve the development as designed.
f. 
Evidence of approval by the appropriate utilities, including water and sewer utilities.
g. 
Compliance with all applicable use, density, development, and design standards set forth in this Code that have not otherwise been modified or waived pursuant to this Chapter and that would affect or influence the layout of lots, blocks, and streets. Applicants shall avoid creating lots or patterns of lots in the subdivision that will make compliance with such development and design standards difficult or infeasible.
h. 
That the general layout of lots, roads, driveways, sidewalks, utilities, stormwater facilities, and other services within the proposed subdivision is designed in a way that minimizes the amount of land disturbance, maximizes the amount of open space in the development, preserves existing trees/vegetation and riparian areas, protects critical wildlife habitat, and otherwise accomplishes the purposes and intent of this Code.
i. 
Evidence that provision has been made for connection to a public sewage disposal system or, if other methods of sewage disposal are proposed, adequate evidence that such system shall comply with state and local laws and regulations.
j. 
Evidence that all areas of the proposed subdivision that may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the applicant and that the proposed use of these areas are compatible with such conditions.
k. 
Provision has been made for assumption of responsibility for maintaining all roads, open spaces, and other public and common facilities in the subdivision.
l. 
As applicable, the proposed phasing for development of the subdivision is rational in terms of available infrastructure capacity and financing.
m. 
The signature of the professional engineer who prepared the plat.
4. 
Once the preliminary plat is reviewed by the Commission, the Board of Trustees shall be notified in writing of its recommendation.
5. 
The preliminary plat shall be reviewed by the Board of Trustees to determine whether the plat is in harmony with the requirements of this Chapter. The criteria for review shall be the same as required for the Commission and as set forth in Subsection (C)(3), above. The Board of Trustees may approve the preliminary plat, may modify the plat and/or conditions of approval or deny the preliminary plat.
6. 
Approval of the preliminary plat shall be by resolution.
7. 
The action of the Board of Trustees shall be reported to the Planning Commission.
D. 
Final Plat.
1. 
If the Board of Trustees approves the preliminary plat (including approval with modifications), the developer may submit a proposed final plat to the Commission.
2. 
No public hearing shall be required for approval of any final plat, provided the final plat is in harmony with the provisions of the preliminary plat and of the requirements of this Code and meets the requirements of any modifications requested by the Board.
3. 
The criteria for approval of the final plat, whether by the Commission or by the Board shall be as set forth in Subsection (C)(3).
4. 
The Commission shall approve or deny the application for final plat by motion and forward to same in writing to the Board.
5. 
Final approval shall be in accordance with the provisions of Section 420.110.
E. 
General Provisions.
1. 
At any public hearing before the Board of Trustees or the Commission, procedures shall be conducted according to the rules adopted for that purpose; provided that no deficiency in such process shall affect the validity of any decision.
2. 
Where a tract of land is proposed to be subdivided in several stages over a period of years and the developer requests approval in parts, he/she shall submit a detailed plan of the entire tract to be developed, with appropriate sectioning to demonstrate to the Commission that the total design, as proposed for the entire subdivision, is feasible. The Commission may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time.
[Ord. No. 2025-10, 5-12-2025]
A. 
Purpose. The purpose of this Section is to allow adjustments to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes, frontages or configuration of buildable lots; however, it is not intended that extensive replotting be accomplished by use of this Section. A lot consolidation, in which two (2) or more lots are combined into one (1) lawful parcel, may be considered a boundary adjustment, subject to the provisions as set out in this Section. A lot split, in which a lot or other lawful parcel is divided into two (2) or more lots, shall be considered a subdivision and may not use the boundary adjustment procedure.
B. 
Boundary Adjustment Criteria. Boundary adjustments must meet the following criteria:
1. 
No additional buildable lot shall be created by any boundary adjustment.
2. 
The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required by the Village of Sunrise Beach Zoning Code.
C. 
Boundary Adjustment Procedure.
1. 
A boundary adjustment shall be accomplished by plat but must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
2. 
The boundary adjustment plat or plats shall be submitted to the Zoning Officer for review and may be approved administratively by the Zoning Officer if no plat approval is involved. In the event that the Zoning Officer determines that the boundary adjustment reasonably could negatively impact public facilities or infrastructure, traffic or public safety or is inconsistent with any of the purposes or requirements of this Code, the Zoning Officer may either deny the boundary adjustment or require modifications consistent with this Code if applicable or may refer the application to the Board of Trustees which shall review and approve, modify or deny the boundary adjustment by motion or resolution consistent with the purposes and requirements herein. Improvement plans and installation of public improvements shall not be required solely for a boundary adjustment approval unless determined necessary to meet requirements of public safety or other purposes of this Code.
[Ord. No. 2025-10, 5-12-2025]
A. 
Purpose. The purpose of this Section is to allow administrative review and approval of condominium plats as defined by Chapter 448, RSMo.
B. 
Condominium Plat Criteria. The condominium plat shall comply with the requirements of a condominium plat as established by Chapter 448, RSMo.
C. 
Procedure. Except as otherwise provided by law or approved by the Board of Trustees, the plat shall follow the procedure set forth in Section 420.060(D) of this Chapter.
[Ord. No. 2025-10, 5-12-2025]
A. 
Preliminary Plat Requirements.
1. 
The developer shall file at least three (3) paper copies with the Zoning Officer, in addition to an electronic submittal in a file type acceptable to the Village. The Zoning Officer may request additional copies in order to effectuate review by Village staff, the Commission and Board of Trustees. Unless otherwise required by the Village, the preliminary plat shall be submitted on a twenty-four (24) inch by thirty-six (36) inch or thirty (30) inch by forty-two (42) inch format in a scale of one (1) inch equals one hundred (100) feet.
2. 
The following items shall be either shown on or accompany the preliminary plat.
a. 
Proposed name of the subdivision.
b. 
Scale, north arrow and date.
c. 
Location map, with names of abutting property owners of each lot adjacent to the area to be subdivided and their projected property lines where they intersect the boundary of the subdivision.
3. 
Names and addresses of the owner, subdivider and the surveyor who prepared the plat.
a. 
Sanitary sewage disposal method.
b. 
Stormwater management.
c. 
Existing and proposed street right-of-way and pavements, including any proposed dedication strips for widening existing streets; approximate gradients, types and width of pavements; location of curbs, sidewalks, walkways, planting strips; and other pertinent data.
d. 
Layout of lots, showing approximate dimensions and number.
e. 
Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes.
f. 
Easements, existing and proposed, showing locations, widths and purposes.
g. 
Building setback lines for front, side and rear of each lot.
h. 
Location and size of nearest water main and fire hydrant, storm sewer, sanitary sewer and other utilities.
i. 
Location, type and approximate size of utilities to be installed.
j. 
Tract boundary lines showing dimensions, bearings, angles and references to known land lines and monuments.
k. 
Topography of the tract, existing and proposed, shown in contours at vertical intervals of five (5) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of ten (10) feet if the general slope is ten percent (10%) or greater. (U.S.D.S. data will be acceptable.)
l. 
Location of the Ameren Lake of the Ozarks regulatory line, if applicable.
m. 
Location of the Special Flood Hazard areas, including the one percent (1%) (100-year) and one-half percent (0.5%) (500-year) floodplain, if applicable.
n. 
Tree masses.
o. 
Location of existing structures.
p. 
Scale, north arrow and date.
B. 
Engineering And Construction Plans.
1. 
Completed engineering and construction plans, prepared by an engineer licensed in the State of Missouri, shall be submitted to the Village Engineer prior to the submission of a final plat application. Village Engineer shall determine whether the engineering and construction plans conform to the Village's engineering specifications.
2. 
If the engineering and construction plans do not comply, the Village Engineer shall provide the applicant with information as necessary to modify the plans. Engineering and construction plans, submitted in a form acceptable to the Village, must be approved by the Village Engineer prior to Village approval of a final plat application.
3. 
Additional Information — Other Local Agencies. In addition to the requirements as set forth herein, the Zoning Officer may require additional information as may be necessary for the Village to schedule the necessary meetings and hearings and to conduct its necessary reviews. The Zoning Officer may further require that the developer provide copies of the preliminary plat to other area agencies and jurisdictions, and to condition the Village review and approval upon the developer meeting requirements as may be imposed by other agencies.
[Ord. No. 2025-10, 5-12-2025]
A. 
Following approval of the preliminary plat, but prior to submission of the final plat, improvement plans for subdivision streets, utilities, stormwater drainage, lighting and other improvements shall be submitted to the Zoning Officer in conformance with requirements of this Chapter or other provision of Municipal Code.
B. 
The Zoning Officer may, in his/her sole discretion, refer the preliminary improvement plans to engineers, land surveyors and/or other consultants employed or contracted by the Village to determine compliance of the plans with provisions of Missouri law or Village ordinance. The improvement plans may be approved subject to revisions or conditions as may be set forth or required by the Village. The applicant shall submit the final approved improvement plans along with submission of the final plat.
[Ord. No. 2025-10, 5-12-2025]
A. 
The final plat is to be prepared from an accurate survey made by a land surveyor registered to practice in the State of Missouri and shall be drawn on tracing cloth, drafting film or equivalent. Unless otherwise required by the Village, the final plat shall be submitted on a twenty-four (24) inch by thirty-six (36) inch or thirty (30) inch by forty-two (42) inch format in a scale of one (1) inch equals one hundred (100) feet on one (1) or more sheets. If more than one (1) sheet is required, a key map shall be provided on Sheet No. 1 showing the entire subdivision at reduced scale. The final plat may include all or only a part of the preliminary plat that has already received approval.
B. 
The final plat shall contain the following information:
1. 
Boundary lines, width dimensions and bearings or angles that provide an accurate survey of the tract.
2. 
Subdivision title or name, north arrow, scale and date.
3. 
Certificate of registered land surveyor covering execution of survey and preparation of subdivision plat.
4. 
Certificate of the owner creating the subdivision, dedicating all street rights-of-way, dedicating all public areas with statement of the use or uses for which dedicated, granting easements with statement of the use or uses for which granted, establishing building lines.
5. 
Certificates of all owners and holders of deeds of trust on the plat as prepared releasing from the lien created by said deeds of trust all land dedicated to public use on the plat.
6. 
Certificate indicating approval of the plat by the Board of Trustees of the Village of Sunrise Beach, prepared for execution by the Village Clerk, over the Seal of the Village.
7. 
A summary of the improvement plans showing the locations, appearance and explanation of the adequacy of the improvements including a stormwater plan, if applicable, submitted with the plans and profiles of the storm and sanitary sewers.
8. 
The final plat, prepared in accordance with the requirements set forth herein and accompanied by improvement plans and information prepared in accordance with the requirements set forth in this Code, shall be submitted to the Planning and Zoning Commission for review and recommendation to the Board of Trustees. In addition to the actual final plat itself, the submission shall include the following items:
a. 
Three (3) copies of final plat as required by the Zoning Officer.
b. 
Three (3) copies of improvement plans for the subdivision.
c. 
Detailed estimate and certification of the cost of the proposed improvements prepared by developer's engineer.
d. 
Performance guarantee assuring completion of the proposed improvements.
C. 
Final Approval — Recording. Following approval of the final plat by the Commission, the plat, together with all supporting data, shall be forwarded to the Board of Trustees for final approval. Approval of the final plat by the Board of Trustees shall be by ordinance and shall be certified on the document to be filed for record over the signature of the Village Clerk and the Seal of the Village of Sunrise Beach. After the Board of Trustees has approved the performance guarantee posted by the developer, if applicable, the final plat, endorsed with the approval of the Board of Trustees, together with a certified copy of the ordinance granting such approval, shall be filed for record in the office of the Recorder of Deeds of the appropriate County at the sole expense of the developer within ninety (90) days of the passage of the ordinance or said ordinance and subdivision plat approval shall become null and void. Within ten (10) days after the recording of the final plat, the developer shall file with the Village Clerk one (1) paper print of the recorded plat all of which shall bear the print of the Recorder's stamp thereon. The Village, at its option, may record the plat and return a copy to the applicant at the expense of the applicant.
D. 
Approved Improvement Plans And Specifications. The developer shall submit to the Planning and Zoning Commission with the final plat a summary of the conditionally approved improvement plans showing the locations, appearance and explanation of the adequacy of the improvements. The Planning and Zoning Commission may review the summary of the improvement plans and any other plans and specifications it may request prior to its recommendation on the final plat. The plans and specifications must be submitted to and approved by the Zoning Officer and reviewed by the Planning and Zoning Commission prior to their submission to the Board of Trustees with the final plat.
E. 
Performance Guarantee, Generally. The Village shall require construction of all public improvements to be completed and approved as a condition of approval of the final plat. However, in lieu of the developer's completion of the work and installations before approval of the final plat, the Board of Trustees, at its sole discretion, may accept a performance bond, surety or escrow in the form of cash or a letter of credit (hereinafter "performance guarantee") in an amount acceptable to the Village, providing for and securing the actual construction and installation of the improvements and utilities within a time period specified by the Board and expressed in the performance guarantee.
1. 
Exceptions. The Village may require any specific improvement to be installed prior to approval of the record plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.
2. 
Performance Guarantee Options. Performance guarantees required by this Section may be in the form of performance bond, surety, cash or letter of credit, with terms and conditions as acceptable to the Village. The final form of performance guarantee shall be subject to review and approval by the Village Attorney.
3. 
Final Release And Replacement Bond For Warranty During Build Out. Upon final inspection and approval of all required improvements, the bond, surety or remaining amount of the performance guarantee shall be released; provided, that no such funds shall be released until the development of the subdivision is complete as determined by the Village and a replacement bond is posted to warrant against damage to public improvements during build out of the subdivision. The Village shall not accept any street for maintenance until construction completion and final inspection, collection of all fees and approval by resolution or ordinance of the Board of Trustees. The replacement bond shall be in the amount of five percent (5%) of the total construction costs of the public infrastructure improvements and shall be held by the Village for a term of two (2) years, unless said term is extended by agreement of the Village and the developer.
[Ord. No. 2025-10, 5-12-2025]
In any particular case where the developer can show by plan and written statement that, by reason of exceptional topographic or other physical conditions, literal compliance with any requirement of these regulations would cause practical difficulty or exceptional and undue hardship, the Board of Trustees may modify such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship; provided, however, that such relief may be granted without detriment to the public interest and without impairing the intent and purpose of these regulations or the desirable general development or welfare of the neighborhood and the community in accordance with the Comprehensive Plan and the Zoning Ordinance. Any modification thus granted should be included in the minutes of the Board of Trustees setting forth the reasons, which in the opinion of the Board of Trustees justified the modification. Any modification granted which is later determined to be in violation of any State or Federal regulation, statute, requirement or order shall be void. The applicant assumes all such risks in making the request for a modification.
This Chapter shall be in effect as of the date of its passage and approval. Any ordinances or Sections of ordinance in conflict with the provisions of this Chapter are hereby repealed.