Submission of Preliminary Plat.
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.
See
Forms and Documents for preliminary plat application.
Commission Action on Preliminary Plat.
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.
Public Notice Required.
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].
Board of Trustees Action on Preliminary Plat.
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.
3. Subject to Subsection (C), the Board of Trustees may attach such reasonable requirements in addition to those specified in this Chapter as will ensure that the development:
a. Will not endanger the public health or safety.
b. Will not injure the value of adjoining or abutting property.
c. Will be in harmony with the area in which it is located.
d. Will be in conformity with the Master Plan, Major Street Plan or other plan officially adopted by the Board of Trustees.
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.
Effective Period of Preliminary Plat Approval.
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: Plats and Required Information,
Section 410.300: Final Plats. 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.
Acceptance of Dedication Offers.
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.