The Preliminary Plat is to provide a map of a proposed Subdivision that indicates the character and layout of the Property in sufficient detail to indicate the sustainability of the proposed Subdivision.

1. The Subdivider shall submit an application for Preliminary Plat on forms provided by the City, along with the application fee in accordance with Addendum A. The Preliminary Plat, signed and sealed by a registered professional engineer or registered land surveyor licensed in the State of Missouri at a scale of not less than one (1) inch equals one hundred (100) feet, submitted with the application shall include the same details required for sketch plans in Section 440.090 in addition to the following:

a. The name of the Subdivision if within a previously platted Subdivision.
b. The proposed name of the Subdivision if not within a previously platted Subdivision. The proposed name of any new Subdivision shall not duplicate or closely approximate phonetically the name of any other Subdivision within the City.
c. The Property name if no Subdivision name has been chosen.
d. A key map on the first sheet if the entire Subdivision will not fit on one (1) sheet and match lines to facilitate the matching of separate sheets.
e. Municipal, County and Public-School District boundaries within two hundred (200) feet.
f. If the Subdivider is not the owner, a statement consenting to the Subdivision signed by the owner.
g. The location, size, and purpose of any existing or proposed easement, Street, or Lot reserved or dedicated to public use.
h. The names, locations, and widths of all existing or platted Streets within and immediately adjacent to the proposed Lot(s).
i. Existing Trust Indentures, if applicable.
j. Lot Lines with accurate dimensions, bearing or deflection angles, radii arcs, and central angles of all curves.
k. The number of proposed Lots and all applicable Setbacks.
l. Location and name of proposed Streets. The maximum grade of all Streets shall be shown on the drawings or verified on a written form.
m. Existing and proposed location of all storm and sanitary sewers within and immediately adjacent to the Subdivision.
n. Proposals for connection to an adequate public water supply and sanitary sewer systems or other means of providing water and sewage disposal.
o. Proposals for collecting and discharging surface water drainage including location of all Detention/Retention Areas.
p. The number, size, and type of trees to be planted in the Subdivision.
q. All existing Buildings within one hundred (100) feet of the Subdivision.

1. The Commission shall hold an informational public meeting on the Preliminary Plat. The Subdivider shall be notified of the time and place of the public meeting by a letter sent no fewer than five (5) days before the scheduled date.

2. In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a Subdivision has been filed with the Commission.

a. Sign or Signs shall be placed on such Lots so as to be clearly visible to the traveled portion of such abutting Street. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b. All Signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC MEETING."
c. The Director may provide for such additional information to be placed on any such Sign which would serve to fully inform the public as to the nature of Subdivision pending before the Commission.
d. Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120: General Penalty of this Code.
 

3. Failure to comply with any notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval.

4. The Director shall write a recommendation to the Commission based upon the review of the Preliminary Plat. The Commission shall report to the Board its decision including any conditions of approval or reasons for denial. The Board may uphold or reverse the decision of the Commission.

5. Phasing Major Subdivision Plats. Prior to granting Preliminary Plat approval of a Major Subdivision Plat, the Subdivider may request the Plat to be divided into two or more phases. The Subdivider shall submit a master Preliminary Plat showing all future phases as well as a Preliminary Plat for the first phase(s) being submitted and from time to time thereafter for the remaining phases. The Commission may recommend, and the Board approve the phasing of the Subdivision through approval of the master Preliminary Plat with such conditions as it may deem necessary to assure the orderly development of the development. The Commission may recommend and the Board may require that the Subdivision improvement guarantee agreement be in such amount as is commensurate with the phase or phases of the Preliminary Plat to be filed and may defer the remaining amount of the guarantee until the remaining phases of the Preliminary Plat are offered for filing if doing so will adequately protect the public and ensure completion of all improvements necessary to support the phase or phases under review regardless of whether the improvements are physically located in the current phase or phases. In such case, the construction and Final Platting of the first phase shall be completed within two (2) years of the date of approval of the Preliminary Plat. Subsequent phases of the Preliminary Plat may be submitted covering portions of the approved Preliminary Plat; provided, however, that all phases of the Preliminary Plat must be completed within four (4) years of the date of approval of the Preliminary Plat. If all phases of the Preliminary Plat have not been completed within four (4) years of the date of approval of the Preliminary Plat, then the Preliminary Plat shall be resubmitted to the City for extension and approval in accordance with the provisions of Section 440.100 hereof. If an extension and approval is not granted, the original Preliminary Plat approval shall be null and void.

6. Standards for Approval of Preliminary Plats. No Preliminary Plat shall be approved by the Commission unless the Commission finds that the Subdivider proves by clear and convincing evidence that:

a. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of Subdivision proposed;
b. Adequate provision has been made for the public sewage system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;
c. All areas of the proposed Subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the Subdivider and that the proposed uses of these areas are compatible with such conditions;
d. The proposed Subdivision will not result in a scattered Subdivision that leaves undeveloped Property lacking urban services between developed Lots;
e. The proposed Subdivision provides for an adequate supply of light and air to each property, does not substantially increase the congestion in the Streets, does not increase the danger of fire, and protects property values within the Subdivision and surrounding areas;
f. The proposed Subdivision complies with the provisions of this Chapter 440, or if applicable for a PUD, Chapter 440, Article V;
g. The Subdivider has taken every effort to mitigate the impact of the proposed Subdivision on public health, safety, and welfare; and,
h. The Subdivision is zoned for the use to which the proposed Subdivision will be put and the proposed use is consistent with the Comprehensive Development Plan. The Commission and/or Board is not required to approve a Plat solely due to the fact that the proposed Subdivision has the proper zoning or that the proposed use of the Subdivision is consistent with the Comprehensive Development Plan.
i. All Lots within the proposed Subdivision must comply with all applicable regulations within this Code.

Commission Action.

Within sixty (60) days after submission of the Preliminary Plat to the Commission as set forth in Subsection 440.100(B)(2) of this Chapter following submission of a completed application as determined by the Director, the Commission shall take action on the Preliminary Plat; otherwise the Preliminary Plat is deemed approved by the Commission and forwarded to the Board, except that the Commission, with the consent of the Subdivider, may extend the sixty-day period. Unless postponed as set forth herein, the Commission shall recommend that the Board take one (1) of the following actions:
1. Approval. Approve the Preliminary Plat as submitted. Approval shall be valid for one (1) year, and extensions of approval may be granted by the Board. In the case of Subdivisions being developed by sections, extensions of approval shall be automatic for all sections so long as construction is in progress in any section.

2. Conditional approval. Approve the Preliminary Plat conditionally. The City may accept a plan addressing conditions of approval but shall not accept any submission from the Subdivider attempting to change, amend or otherwise modify the application or plan under review, unless the proposed changes are responsive to a condition or stipulation made by the Commission in its recommendation for approval of the Plat.

3. Disapproval. The Commission may disapprove the Preliminary Plat if the Preliminary Plat fails to comply with applicable requirements of this Code referencing reasons for disapproval.

Board Action.

The Commission's recommendation shall be forwarded to the Board for review. Unless postponed by the Board, the Board may take any action on the Plat that is available to the Commission in Subsection D (1) through (3) above. Board approval of the Preliminary Plat constitutes authorization for the Subdivider to proceed with the preparation of Improvement Plans for review and conformance with the Preliminary Plat and the preparation of the Final Plat.

Preliminary Plat Approval.

1. Following approval by the Board, the Subdivider shall provide copies of approved Preliminary Plats as requested by the Director incorporating any required changes so that they may be signed by the Director; one (1) copy shall be returned to the Subdivider. Such plats shall state that the approval is not final and that the Preliminary Plat is not to be recorded. The Director shall include the expiration date on the plat.

2. Except when approved for phases, as described above, the Preliminary Plat approval shall be effective for one (1) year during which time the approved Preliminary Plat shall not be affected by any changes in these regulations or the Zoning Code. The Board may, in its discretion, grant an extension of time, up to a maximum of six (6) months. More than one (1) extension of time may be granted by the Board. If final approval or an extension has not been obtained during this period, the Preliminary Plat shall be null and void and preliminary approval shall again be required, subject to any new ordinance or physical change in the development area.

3. Preliminary Plat approval does not constitute acceptance of Streets, Lots, or other facilities to be dedicated.

4. The approval of a Preliminary Plat or extension thereof may be revoked after a duly noticed meeting for the same by the Board if there has been a major change in conditions involving the Subdivision which would adversely affect the public health, safety, or welfare or if the improvements approved are not built in accordance with plans. The Subdivider shall be notified of the time and place of the meeting by registered or certified mail sent not fewer than five (5) business days before the scheduled date.