Willard City Zoning Code
ARTICLE XIII
Major Subdivision Procedure
Section 400.1040 Applicability.
[Ord. No. 020227 §1(13.1), 2-27-2002]
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.
Section 400.1050 Submission of Sketch Plan.
[Ord. No. 020227 §1(13.2), 2-27-2002]
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 Clerk a sketch plan of the subdivision prior to the formal application for a preliminary plat. 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.
Section 400.1060 Approval of Sketch Plan.
[Ord. No. 020227 §1(13.3), 2-27-2002]
A.
Commission Review. The sketch plan shall be reviewed by the Commission to determine:
1.
Compliance with the Willard Comprehensive Plan and major street plan or applicable components thereof.
2.
Compliance with the zoning requirements of the City of Willard Land Development Regulations and general compliance with the subdivision requirements of the City of Willard Land Development Regulations and the City of Willard Design Standards for Public Improvements.
3.
General design of the subdivision.
4.
Compatibility of subdivision with surrounding development.
B.
Commission Approval Of Sketch Plan. The Commission shall 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.
Section 400.1070 Submission of Preliminary Plat.
[Ord. No. 020227 §1(13.4), 2-27-2002]
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 XIV, 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.
Section 400.1080 Approval of Preliminary Plat.
[Ord. No. 020227 §1(13.5), 2-27-2002]
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 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 prior to review of the final plat. 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, one (1) copy shall be retained by the City Engineer and two (2) copies shall be retained by the City.
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 override 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.
Section 400.1090 Effective Period of Preliminary Plat Approval.
[Ord. No. 020227 §1(13.6), 2-27-2002]
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. 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.
Section 400.1100 Submission of Final Plat.
[Ord. No. 020227 §1(13.7), 2-27-2002]
Section 400.1110 Approval of Final Plat.
[Ord. No. 020227 §1(13.8), 2-27-2002]
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 Chapter 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 not inconsistent 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.
1.
Approval of the final plat by the Board of Aldermen is contingent upon compliance with the requirements of Article XV, Required Public Improvements and Article XVI, Guarantees for Public Improvements and the plat being recorded 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 one (1) mylar and two (2) paper copies of the final plat shall be so signed and sealed. The applicant shall be responsible for submitting the mylar and paper copies of the final plat for signature and the applicable recording fees to the City within ten (10) days after approval of the final plat by the Board of Aldermen. The City will cause the documents to be recorded and shall return one (1) copy to the applicant.
2.
Should the applicant fail to supply the documents and applicable recording fees within ten (10) days after approval by the City, the approval of the Commission and the Board of Aldermen shall be null and void unless an extension of time is requested by the applicant in writing and is granted in writing by the Commission before the expiration date.
3.
The sale of lots and construction of structures shall not commence until the final plat has been recorded.
Section 400.1120 Final Plat in Stages Permitted.
[Ord. No. 020227 §1(13.9), 2-27-2002]
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.
Section 400.1130 Acceptance of Dedication Offers.
[Ord. No. 020227 §1(13.10), 2-27-2002]
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.