[Ord. No. 94-2, 1-11-1994]
It is the purpose of this Article to outline the subdivision
platting and approval procedure. Subdivisions shall be classified
as a major subdivision or a minor subdivision and shall conform to
the procedures in this Article.
[Ord. No. 94-2, 1-11-1994]
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 Commission a sketch plan of the subdivision
prior to the formal application for a preliminary plat.
B.
Although not required, the developer is encouraged to discuss the
subdivision proposal with the Commission prior to the formal submission
of the sketch plan.
D.
The Commission shall either approve the sketch plan, recommend changes
or disapprove the sketch plan within thirty (30) working days of submission.
The applicant shall be notified in writing of the Commission's action
and the reasons for recommended changes or disapproval. 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.
[Ord. No. 94-2, 1-11-1994]
A.
The preliminary plat shall be in substantial conformance with the
approved sketch plan.
B.
The preliminary plat, and all informational materials and procedures,
shall be in compliance with the applicable provisions of this Chapter.
C.
The application for a preliminary plat and all informational materials
shall be submitted to the Commission Secretary no less than fifteen
(15) working days prior to the next regularly scheduled Commission
meeting.
[Ord. No. 94-2, 1-11-1994; Ord. No. 04-08, 12-14-2004]
A.
At a meeting of the Commission, the Commission will review the preliminary
plat application to determine if it meets the standards set forth
in these regulations. The Commission may also submit the plans to
the Stone County Health Department, Missouri Department of Natural
Resources, or to other appropriate local and state agencies, for review
of proposed Water and Wastewater Treatment.
B.
The Commission shall take action on the preliminary plat application
within sixty (60) working days of submission of the application. If
no action is taken by the Commission within this time, the preliminary
plat shall be deemed to be approved by the Commission. The sixty-day
period for Commission action may be extended upon the request of the
applicant.
C.
Within ten (10) days of action by the Commission, the Commission
will notify the applicant or his agent, in writing, of the action
taken, specifying what changes or additions, if any, will be required
for the review of the final plat.
D.
Any modifications of the preliminary plat required by the Commission
as prerequisites for approval shall be noted on three (3) copies of
the preliminary plat. One (1) copy will be retained by the Commission,
one (1) copy will be returned to the applicant and one (1) copy will
be forwarded to the Board of Trustees along with the Commission's
recommendation for approval of the preliminary plat.
E.
If the Commission disapproves the preliminary plat application, 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 decision.
F.
Actions by the Commission regarding the preliminary plat are final
unless such action is appealed by the subdivider to the Board of Trustees
within sixty (60) working days of action by the Commission. The Board
of Trustees review shall be based on the record made before the Commission
and shall conform to the requirements of Section 89.460, RSMo.
[Ord. No. 94-2, 1-11-1994; Ord. No. 04-08, 12-14-2004]
A.
The applicant for preliminary plat approval shall be required to
provide postcard notices for mailing to property owners within one
thousand (1,000) feet of the boundary line of the property to be subdivided.
B.
The applicant shall provide the addressed postcard notices, as well
as a list of property owners to whom the notices are sent, to the
Commission Secretary at the time of filing of the preliminary plat
application. The Village will mail all notices within ten (10) days
of the Commission meeting at which the preliminary plat will be considered.
C.
Notices shall conform substantially to the following format:
|
The Village of Indian Point Planning and Zoning Commission will
consider an application from [developer name] for the preliminary
plat of [insert subdivision name]. The proposed development is located
[insert legal description or other address]. Public commend will be
accepted at a meeting held on [Month, day] at [time] at the [meeting
location].
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[Ord. No. 94-2, 1-11-1994; Ord. No. 00-6, 11-14-2000]
A.
Following action by the Commission to recommend approval of the preliminary
plat, or upon appeal by the developer of the disapproval of the preliminary
plat, the Commission shall forward the preliminary plat application
and the Commission's recommendations for approval of the plat to the
Board of Trustees for action.
B.
In deciding whether to approve the preliminary plat application,
the Board of Trustees shall proceed according to the following format:
1.
The Board of Trustees shall consider whether the application
is complete. If no member moves that the application be found incomplete,
then it shall be taken as an affirmative finding that the application
is complete.
2.
The Board of Trustees shall consider whether the application,
including any modifications or changes as required by the Commission,
complies with all the applicable regulations and requirements of this
Chapter. If the Board of Trustees determines that the application
fails to comply with one (1) or more requirements of this Chapter,
then the preliminary plat application shall be denied. Insofar as
is practical, the motion shall include the reasons for denial.
C.
The Board of Trustees may not attach additional requirements or conditions
to the preliminary plat that modify or alter the specific requirements
of this Chapter unless the subdivision in question presents extraordinary
or unique circumstances that justify variation from the specified
requirements.
D.
If the Board of Trustees concludes that the preliminary plat application
meets the applicable requirements of this Chapter, it shall approve
the preliminary plat. Any additional conditions or requirements determined
by the Board of Trustees in approving the preliminary plat shall be
noted on three (3) copies of the plat and in the records of the Board.
One (1) copy of the plat shall be retained by the Board of Trustees,
one (1) copy shall be forwarded to the Commission and one (1) copy
shall be returned to the applicant.
E.
Approval of the preliminary plat by the Board of Trustees constitutes
approval of the subdivision as to the character and intensity of development,
the arrangement and approximate dimensions of streets, lots and other
planned features, and authorizes the applicant to proceed to prepare
reports and construction plans for public improvements necessary to
obtain a compliance permit and the final plat. Approval of the preliminary
plat shall not authorize the sale of lots or construction of any public
or private improvements.
F.
Approval of the preliminary plat by the Board of Trustees does not
imply a compliance permit being issued. Prior to beginning any construction
activity, a set of the detailed construction plans or a site plan
must be received and a compliance permit issued.
[Ord. No. 94-2, 1-11-1994]
A.
The application for final plat approval must be made within one (1) year of the date of approval of the preliminary plat by the Board of Trustees. Any final plat which is not submitted to the Commission within one (1) year of this date shall be null and void, except as provided in Subsections (B) and (C) below.
B.
The Commission may at its discretion and upon written application
by the subdivider, extend the effective period of preliminary plat
approval by one (1) year.
C.
Phasing of the final plat and the proposed development shall be permitted, subject to the requirements of Article V, Section 410.300. Submission of the final plat for any approved phase(s) of the subdivision shall automatically validate the remainder of the preliminary plat for a period of one (1) year from the date the final plat is submitted.
[Ord. No. 94-2, 1-11-1994]
A.
The Commission shall approve or disapprove subdivision final plats
in accordance with the provisions of this Section.
B.
The final plat shall be submitted to the Commission for approval
fifteen (15) working days prior to the scheduled Commission meeting.
The Commission shall approve 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 Chapter or that the final plat substantially
differs from the approved preliminary plat. The Commission shall have
thirty (30) days to rule on the final plat.
C.
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.
D.
Approval of the final plat by the Commission is contingent upon the
plat being recorded within sixty (60) days after the approval certificate
is signed by the Village Clerk.
[Ord. No. 94-2, 1-11-1994]
A.
All proposed subdivision development involving real property designated for common ownership of open space and other common improvements shall be classified as a major subdivision and subject to review and approval in accordance with the provisions of Article IV. Amendments or revisions to the Village-approved subdivision plat containing common open space and common improvements may be classified as a minor subdivision in accordance with the provisions of Article IV.
[Ord. No. 94-2, 1-11-1994]
A.
The Commission shall approve or disapprove minor subdivisions in
accordance with the provisions of this Section.
B.
The applicant for a minor subdivision approval shall submit a sketch plan, in accordance with the provisions of Article V, Section 410.280, for determination whether the minor subdivision approval process can and should be utilized. The Commission may require the applicant to submit whatever information is necessary to make this determination, including, but not limited to, a copy of the Tax Map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five (5) years.
E.
Approval of the minor subdivision is contingent on the survey and
attached certificates being recorded within sixty (60) days after
the date the certificate of approval is signed by the Commission Secretary.
G.
Approval of the final plat is contingent upon the plat being recorded
within sixty (60) days after the date the certificate of approval
is signed by the Commission Secretary.
H.
No more than a total of four (4) lots may be created out of a tract
using the minor subdivision plat process, regardless of whether the
lots are created at one time or over an extended period of time.
[Ord. No. 94-2, 1-11-1994]
Approval of a preliminary plat does not constitute acceptance
by the Village of Indian Point of the offer of dedication of any streets,
alleys, sidewalks, parks, or other public facilities shown on the
plat. However, the final plat is an acceptance of dedications if the
preliminary plat is approved by ordinance, subject to final plat approval
by the Commission.
