[Ord. No. 18-12, 12-11-2018]
All subdivisions not classified as minor subdivisions, including,
but not limited to, subdivisions of three (3) or more lots or any
size subdivision requiring any new street or extension of City facilities
or the creation of any public improvements.
[Ord. No. 18-12, 12-11-2018]
A.
Principal Steps In Gaining Approval. Before any land is subdivided,
the applicant shall apply for and secure approval of the proposed
subdivision in accordance with the following procedures. Shown immediately
below are the principal steps in gaining approval for a major subdivision.
1.
Conceptual Review With Site Visit. Attendance and participation
required by applicant.
2.
Sketch Plan Including Four-Step Design Process. Reviewed administratively
by the City Planner, City Engineer, City Storm Water Manager, and
Zoning Commissioner.
3.
Preliminary Plat. Approved by the Planning and Zoning Commission.
4.
Final Plat. Recommendation from Planning and Zoning Commission;
approved by the Board of Aldermen.
B.
Official Submission Dates. For the purposes of these regulations, the official submission date of any sketch plan or plat shall be as defined in Chapter 402.
C.
Reimbursement Of Development Review Costs (See also Section 405.053). Prior to the review of any development application by the City (this includes, but is not limited to, the review of sketch plans, preliminary and final plats, site plans, Area Plans, construction plans, landscape plans, erosion control plans, subdivision improvement agreements, development agreements and maintenance agreements), the applicant shall deposit with the City Treasurer the pre-established fee outlined on the City fee schedule kept at City Hall. The deposit will pay for development review fees incurred by the City, which include City Planner, City Engineer, and City Attorney fees; any other required consultant fees or reviews required by the City; the cost to reproduce materials; legal publication expenses; public hearing expenses and the cost to record documents. The City will draw on this deposit at the current rates billed by the consultants. Information regarding anticipated consultant fees can be obtained at City Hall or on the City's website (www.weldonspring.org)).
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The City will maintain a separate account of all fees and expenses
incurred by the City as a result of development review. Regular statements
of expenses incurred will be made available to the applicant by the
City. As the City receives billings from the consultants, or any other
reviews required by the City, it will withdraw funds from the initial
deposit until those funds are depleted. After that point, a project
summary indicating the development review cost overage incurred by
the City will be invoiced to the developer; photocopies of invoices
from the City Planner, City Engineer, City Attorney, or any other
required reviewers will be available at City Hall upon request. In
the event the applicant fails to pay the invoice within thirty (30)
days of delivery, the City shall be entitled to:
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1.
Suspend all further review;
2.
Cancel any hearing before the Planning and Zoning or Board of
Aldermen previously scheduled by the City with respect to the review
process;
3.
Utilize the applicant's/development's escrow money to pay off
any unpaid balance for development review costs incurred by the City.
D.
Development Review Deposit. Once the City is in receipt of the completed
application and any pertinent plans, the applicant shall pay the City
the pre-established fee deposit (see City Fee Schedule). Once all
applicable permit fees have been paid to the City, copies of the application
will be distributed to the City Planner, the City Engineer, and the
City Storm Water Manager for review. Review will progress until the
permit fee deposit(s) for the project are depleted, at which time
the applicant will be invoiced for any development review cost overages.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose Of Conceptual Review. The purpose of the conceptual review
is to hold an informal meeting to develop a better understanding of
the site's potential, discuss ideas for the site, to walk the site,
and to ultimately prepare a conceptual design for the site. Developers
will obtain upfront insights regarding which site features City staff
and local officials want to conserve as well as impacts they want
to avoid.
B.
Scheduling A Conceptual Review Meeting. The following items shall
be received by the City in order for a conceptual review meeting to
be scheduled:
1.
A completed conceptual review application form.
2.
The conceptual review application fee.
3.
A complete conceptual review submittal (see Subsection (C) below for list of conceptual review submittal requirements).
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Once all of the application requirements have been received
by the City (completed form, associated fee, submittal) and the City
Planner, City Engineer, City Storm Water Manager, and Zoning Commissioner
all agree that the conceptual review submittal is complete, the project
can then be scheduled for a conceptual review meeting. Conceptual
review meetings are held at City Hall and generally scheduled in the
morning.
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(NOTE: Sketch plan meetings are tentatively scheduled at the
same time conceptual review meetings are scheduled, but for the month
following the conceptual review meeting, barring unforeseen delays.)
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C.
Conceptual Review Submittal Requirements. The four (4) main requirements
for the conceptual review submittal are as follows, and they are described
in greater detail below:
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1.
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Site context map.
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2.
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Existing resources and site analysis map.
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3.
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Yield plan.
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4.
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Adjacent landowner address list and address labels.
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1.
Site Context Map (five (5) hard copies; one (1) electronic PDF
version on CD). The purpose of the site context map is to adequately
acquaint City staff and officials with the development patterns and
resources within the vicinity of the proposed development early in
the development process, and is critical to planning for open space
connections and buffers and in mitigating developmental impacts. The
site context map shall be drawn as follows, based on property size:
b.
Properties equal to or greater than one hundred (100) acres:
(1)
Scale: one (1) inch equals four hundred (400) feet.
(2)
Map should extend two thousand (2,000) feet outward
of parcel in question
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To minimize costs involved, most data can be easily reproduced
from published sources such as aerial photos, County geographic information
systems (GIS) data, United States Geological Survey (USGS) topographic
sheets, Federal Emergency Management Agency (FEMA) floodplain maps,
and United States Fish and Wildlife Service (USFWS) wetlands maps.
A site context map shall include the following data for the entire
map area (including the proposed site):
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(a)
Topography.
(b)
Stream valleys.
(c)
Wetlands.
(d)
Woodlands over one-half (1/2) acre in size (from
aerial photographs).
(e)
Wildlife migration routes.
(f)
Ridge lines.
(g)
Public roads and trails.
(h)
Utility easements and rights-of-way.
(i)
Public land.
(j)
Land protected under conservation easements.
(k)
Existing development patterns.
2.
Existing Resources and Site Analysis Map (five (5) hard copies;
one (1) electronic PDF version on CD). The existing resources and
site analysis map shall provide the developer and the City with a
comprehensive analysis of existing conditions on the proposed development
site and within five hundred (500) feet of the proposed development
site. The existing resources and site analysis map shall be drawn
at a scale of one (1) inch equals two hundred (200) feet. The following
information shall be included on the map:
a.
A vertical aerial photograph with the site boundaries clearly
marked.
b.
Total acreage of the tract.
c.
Contour lines which shall generally be at ten (10) foot intervals.
Slopes between fifteen percent (15%) and twenty-five percent (25%)
and those exceeding twenty-five percent (25%) shall be clearly indicated.
FEMA datum benchmarks for the topography shall also be included on
the map to ensure that provided elevations are based on the same datum
as the City flood study. Topography shall be prepared by a professional
land surveyor or professional engineer.
d.
The location and delineation of ponds, streams, ditches, drains,
and natural drainage swales, as well as the 100-year floodplains and
wetlands. Any additional areas of wetlands discovered via testing,
visual inspection, or the presence of wetland vegetation shall also
be shown.
e.
Vegetative cover conditions on the property according to general
cover type, including cultivated land, permanent grassland, meadow,
pasture, old field, hedgerow, woodland, wetland, and the actual canopy
line of existing trees and woodlands. Vegetative types shall be described
by plant community, relative age, and condition.
f.
Soil series, types, and phases, as mapped by the United States
Department of Agriculture, Natural Resources Conservation Service
in the published soil survey for the County, and accompanying data
published for each soil relating to its suitability for construction
(and, in unsewered areas, for septic suitability).
g.
Ridge lines and watershed boundaries.
h.
A view analysis showing the location and extent of views into
the property from public or private roads and from public parks.
i.
Geologic formations on the proposed development parcel, including
rock outcroppings, cliffs, sinkholes, and fault lines, based on available
published information or more detailed data obtained by the applicant.
j.
All existing human-made features, including, but not limited
to, streets, driveways, farm roads, horse trails, buildings, foundations,
walls, wells, drainage fields, dumps, utilities, fire hydrants, and
storm and sanitary sewers.
k.
Locations of all historically significant sites or structures
on the tract, including, but not limited to, stone walls, earthworks,
and graves.
l.
Locations of trails that have been in public use (pedestrian,
equestrian, bicycle, etc.).
m.
All easements and other encumbrances of property that are or
have been filed of record with the Recorder of Deeds of the County
or which have been established by use over an extended period.
3.
Yield Plan (five (5) hard copies; one (1) electronic PDF version
on CD). A yield plan is a sketch map-based approach to determine the
potential maximum number of dwelling units that could possibly be
built on a given property. Please note, the purpose of the yield plan
is to determine overall potential density for a site only and is not
intended to confer any legal or equitable right to any specific number
of dwelling units on any given tract of land. Yield plans shall meet
the following requirements:
a.
Yield plans shall be prepared as conceptual layout plans in
accordance with the standards of the City of Weldon Spring Subdivision
Regulations, containing proposed lots, streets, rights-of-way, and
other pertinent features.
b.
Each lot shall contain at least the minimum area of buildable land that is required for all lots in the zoning district where the property is located and shall conform to all dimensional requirements of the zoning district where the property is located. Undevelopable lands (see Chapter 402 for definition) may not be counted towards any total lot area.
c.
Each lot shall conform to all dimensional requirements of the
zoning district where the property is located.
d.
Yield plans shall be drawn to scale but do not need to be based
on a field survey.
e.
Yield plans shall depict a lot layout and design reflecting
a development pattern that could reasonably and realistically be developed,
taking into account the presence of wetlands, floodplains, steep slopes,
existing easements or encumbrances, and suitable soils if public sewage
disposal will not be provided.
f.
The density of sites not served by central sewage disposal shall
not be less than that mandated by State and/or County laws.
g.
The density of sites not served by central sewage disposal shall
be further determined by evaluating the number of homes that could
be supported by individual septic systems on conventional lots.
4.
Adjacent Landowner Address List And Address Labels. A list of
adjacent property owners within one hundred eighty-five (185) feet
of the boundary of the premises and self- sticking address labels
with the name and address of each of said property owners.
D.
Conceptual Review Meeting Attendees.
1.
Applicant Representatives. Applicant representatives at the conceptual review shall include at a minimum the applicant or the applicant's representative. It is strongly recommended that the person who will be responsible for preparing the sketch plan (Section 410.240) attend the conceptual review. A representative for the applicant is required to point out the location of various features on the property during the site visit and at the conceptual review design session (see Subsection (F)(4) below) a cursory version of the four-step subdivision design process will be conducted and the applicant would be remiss not having their designer there.
2.
City Representatives. City representatives at the conceptual
review shall include at least three (3) of the following City representatives:
City Planner, City Engineer, Zoning Commissioner, City Storm Water
Manager, City Administrator, or the Mayor. The Board of Aldermen and
the Planning and Zoning Commissioners shall be invited to all conceptual
review meetings and are strongly encouraged to attend. The City shall
also invite a representative from the St. Charles County Soil and
Water Conservation District and the Missouri Department of Conservation.
When applicable to the site, as determined by the City, a representative
from the Department of Natural Resources, U.S. Fish and Wildlife,
the Environmental Protection Agency, and the U.S. Army Corps of Engineers
may also be invited.
3.
Adjacent Landowners. Adjacent landowners shall be invited to
the conceptual review due to the fact that the process tends to flow
more smoothly when adjacent landowners are invited to participate
in the process at an early stage. The applicant shall provide the
City with a list of adjacent landowners and the City will mail them
notice of the conceptual review.
E.
What Applicant Should Bring/Wear To Conceptual Review.
1.
Existing Resources And Site Analysis Map Handouts. The applicant
shall provide ten (10) handout-sized copies of the existing resources
and site analysis map for interested parties to individually reference
and take notes on during the site visit.
2.
Suggested Attire. It is strongly suggested that attendees wear
hiking shoes and clothing suitable for current and inclement weather,
as attendees will be outside walking the site.
F.
Conceptual Review Meeting Procedure.
1.
Convene At City Hall. The applicant and City attendees will
meet at City Hall at the date and time scheduled by the City Administrative
Assistant.
2.
Applicant Presents Maps. At the beginning of the meeting, the
applicant will present the context map and the existing resources
and site analysis map to the City attendees and other interested parties.
3.
Site Visit. After the sketch plan application has been reviewed,
attendees will conduct a site visit on the property. The applicant
or the applicant's representative will be responsible for pointing
out the location of various features on the property. The intent of
the site visit is to get City representatives acquainted with the
property, to verify data on the existing resources and site analysis
map, and for the attendees to work together to identify primary and
secondary conservation areas (i.e., features to be designed around
and preserved), and any additional site opportunities and/or constraints
such as potential linkages to natural or cultural features on adjacent
properties.
4.
Conceptual Review Design Session. After the site visit, a conceptual review design session is required. The conceptual review design session can take place following the site visit, or due to the length of time required, can be scheduled for another date at the applicant's discretion. Regardless of the date, attendees will convene at City Hall and, based on the existing resources and site analysis map and the outcome of the site visit, conduct a conceptual review design session. At this meeting interested parties will participate in a cursory version of the four-step subdivision design process (the four-step design process is required for the sketch plan submittal, see Section 410.240 below for more details). The purpose of a conceptual review design session is to help the applicant establish an overall design approach that respects the site's special and/or noteworthy features while providing for the density permitted under the zoning ordinance. Additional meetings may be required.
G.
Next Step. Once the City Planner, City Engineer, City Storm Water
Manager, and the Zoning Commissioner all agree that the project is
ready to proceed, the applicant may begin preparing for the next step,
sketch plan submittal and subsequent meeting. The City may waive the
sketch plan step if an adequate sketch plan is developed at the conceptual
review meeting.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose Of Sketch Plan. A sketch plan consists of simple and basic
drawings that illustrate conceptual layouts of lots, streets and conservation
areas. The purpose of the sketch plan process is to outline the overall
design concept by showing areas of proposed conservation and proposed
development. It is also to ensure that the City and the applicant
are "on the same page" prior to a significant investment in costly
engineering documents by the applicant.
B.
Sketch Plan Procedure. Once the applicant has completed their conceptual
review, and the City Planner, City Engineer, City Storm Water Manager,
and Zoning Commissioner all agree that the project is ready for the
sketch plan meeting, the applicant may proceed with the scheduled
sketch plan meeting.
C.
Sketch Plan Meeting. Sketch plan meetings are held at City Hall.
As previously mentioned, sketch plan meetings shall be scheduled at
the same time that conceptual review meetings are scheduled, but for
the month following conceptual review. If, however, delays occur and
the City Planner, City Engineer, City Storm Water Manager, and Zoning
Commissioner all do not agree that the project is ready for the sketch
plan meeting, the meeting date could be changed.
D.
Sketch Plan Meeting Requirements. The applicant must bring five (5)
hard copies and one (1) electronic PDF version on CD of the following
items to the sketch plan meeting. It is not necessary to submit anything
ahead of time, however, the applicant should submit the sketch plan
meeting fee to the City as soon as it is clear that the sketch plan
meeting will take place, or the meeting could be delayed.
1.
Site Context Map. This map was prepared for conceptual review (see Section 410.230(C)(1)). The same map can be brought to the sketch plan meeting unless revisions and/or additions were identified at the conceptual review, and then the revisions and/or additions should be included on new versions of the map.
2.
Existing Resources And Site Analysis Map. This map was prepared for conceptual review (see Section 410.230(C)(2)) and can be brought to the sketch plan meeting unless revisions and/or additions were identified at conceptual review, and then the revisions and/or additions are to be included on new versions of the map.
3.
Yield Plan. A yield plan was prepared for conceptual review (see Section 410.230(C)(3)) and can be brought to the sketch plan meeting unless revisions and/or additions were identified at conceptual review, and then the revisions and/or additions are to be included on new versions of the document.
E.
Sketch Plan Drawings And The Four-Step Design Process.
1.
It is recommended that all sketch plan drawings be prepared
by a landscape architect or a site planner or engineer with significant
site design experience. (It is also recommended that this person attended
the conceptual review.)
2.
Sketch plan drawings shall include the names and addresses of
the owner, applicant (if not the owner), and the person responsible
for preparing the drawings.
3.
Sketch plan drawings should be prepared on white transparent sheets that overlay the site's existing resource and site analysis map. This allows anyone who is reviewing the drawings to see how well the proposed layout avoids highly ranked conservation areas (see Section 410.360 for a prioritized list of resources to be conserved). Ideally the proposed development should not intrude upon the resources documented in the existing resources and site analysis map.
4.
Sketch plan drawings shall be based on the outcome of the conceptual review design session (see Section 410.230(F)(4)).
5.
Four-Step Design Process. The sketch plan drawings shall be
created using the following four-step subdivision design process.
This four-step process is used to determine the layout of proposed
conservation areas, dwellings and/or building sites, streets, and
lot lines. The four (4) steps are as follows:
a.
Step 1: Identify primary and secondary conservation areas.
b.
Step 2: Locate potential dwelling and/or building sites.
c.
Step 3: Align streets and trails.
d.
Step 4: Draw in lot lines.
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Applicants shall submit four (4) separate sketch maps, or overlays,
indicating the findings of each step, following these guidelines:
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Step 1: Identify primary and secondary conservation areas.
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a.
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Step One consists of identifying the land that should be permanently protected. The applicant incorporates areas pre-identified (by the City) on the City's potential conservation lands map (Figure 3 in the City of Weldon Spring Comprehensive Plan, 2015); areas identified on the site specific existing resources and site analysis map (see Section 410.230(C)(2)); and any additional areas noted at the site visit to identify the primary and secondary conservation areas.
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b.
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Primary conservation areas include areas previously identified
on the City's potential conservation and constrained lands map (Figure
3 in the City of Weldon Spring Comprehensive Plan, 2015) as well as
any additional limited lands including wetlands, land within the 100-year
floodplain and slope greater than twenty-five percent (25%).
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c.
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Secondary conservation areas include features such as mature
woodlands, greenways and trails, river and stream corridors, prime
farmland, natural meadows, hedgerows and individual freestanding trees
or woodlands dense with mature or majestic trees, wildlife habitats
and travel corridors, historic sites and structures, scenic views,
etc.
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d.
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After "greenlining" these conservation elements, the remaining
part of the property becomes the potential development area.
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Step 2: Locate potential dwelling and/or building sites.
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a.
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Step Two consists of locating sites of individual houses and/or
buildings within the potential development area.
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b.
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The number of permitted dwellings is a function of the density permitted within the zoning district and is based on the yield plan created for the property (see Section 410.230(C)(3) above).
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c.
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Structure sites should generally be located not closer than
one hundred (100) feet from primary conservation areas and fifty (50)
feet from secondary conservation areas, taking into consideration
the potential negative impact of development on such areas as well
as the potential positive benefits of such locations to provide attractive
views and visual settings for residences.
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d.
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Ideally, views of the green space should be maximized. Views
from roadways into the property should also be considered (i.e., dwelling
lots should not back up to public streets).
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Step 3: Align streets and trails.
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a.
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Step Three simply involves "connecting the dots" with streets
and planned trails.
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b.
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Upon designating the structure sites, a street plan shall be designed to provide vehicular access to each structure, complying with the standards in Section 410.540 of these regulations and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed primary and secondary conservation areas shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding fifteen percent (15%) from surrounding area.
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c.
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Street connections shall be made when possible to minimize the
number of new culs-de-sac and to facilitate access to and from homes
in different parts of the tract (and adjoining parcels).
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Step 4: Draw in lot lines.
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a.
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In Step Four lot lines are drawn as required to delineate the
boundaries of individual lots.
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F.
Sketch Plan Review And Approval. The City Planner, City Engineer,
the City Storm Water Manager, and the City Zoning Commissioner shall
review the sketch plan submittal requirements at the meeting and determine
if it is in conformance with these regulations as well as other applicable
regulation in the Municipal Code. Review of the sketch plan application
shall, include, but is not limited to, the review of:
1.
The location of all areas proposed for land disturbance (streets,
foundations, yards, septic disposal systems, storm water management
areas, etc.) with respect to notable features of environmental, cultural,
and historical significance as identified on the applicant's existing
resources and site analysis map and on the City's map of potential
conservation lands;
2.
The potential for street connections with existing streets,
other proposed streets, or potential developments on adjoining parcels;
3.
The location of proposed access points along the existing road
network;
4.
The proposed building density and impervious coverage;
5.
The compatibility of the proposal with respect to the goals
and policies of the City of Weldon Spring Comprehensive Plan; and
6.
Consistency with the zoning regulations and other applicable
Sections of the Municipal Code.
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If the City Planner, City Engineer, City Storm Water Manager,
and Zoning Commissioner determine the submittal is complete, the applicant
is then eligible to submit a preliminary plat application.
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If, however, the City Planner, City Engineer, City Storm Water
Manager, and Zoning Commissioner determine that the sketch plan application
is not complete, the applicant will be provided with comments detailing
the recommended changes and/or additional information that is required.
The applicant must then resubmit five (5) copies of the portions of
the application that require changes and/or submit any new information
that is required. The City Planner, City Engineer, City Storm Water
Manager, and Zoning Commissioner will review the application to determine
if it is complete.
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[Ord. No. 18-12, 12-11-2018]
A.
Summary Of Preliminary Plat Application Submission Requirements.
The submission requirements for a preliminary plat shall consist of
the following four (4) main elements (all of which are described in
greater detail below):
B.
Site Context Map. This map was prepared for the conceptual review (see Section 410.230(C)(1)) and can be submitted with the preliminary plat application unless revisions and/or additions were identified as being reasonable and necessary at the conceptual review or during the sketch plan process, and then said revisions and/or additions should be included on a new version of that map.
C.
Existing Resources And Site Analysis Map. This map was prepared for the conceptual review (see Section 410.230(C)(2)). The same map can be submitted with the preliminary plat application unless revisions and/or additions were identified at the conceptual review or during the sketch plan process and then said revisions and/or additions shall be included on a new version of the map.
D.
Four-Step Subdivision Design Process Documentation. All preliminary
plats shall include documentation of the four-step design process
that was conducted in the sketch plan process.
E.
Preliminary Plat. The preliminary plat consists of formal engineering
drawings that are prepared based on the approved sketch plan and the
outcome of the four-step design process.
1.
Preliminary Plat Drafting Standards. The following standards
shall apply to all preliminary plats.
a.
Every major subdivision preliminary plat shall be prepared by
a land surveyor or professional engineer registered in the State of
Missouri.
b.
Plats shall be drawn to a scale of either one (1) inch equals
one hundred (100) feet or one (1) inch equals two hundred (200) feet,
whichever would fit best on a standard size sheet twenty-four (24)
inches by thirty-six (36) inches.
c.
Dimensions shall be set in feet.
d.
Each sheet shall be numbered and the plan shall provide an adequate
legend indicating clearly which features existing and which are proposed.
e.
All plans submitted shall be made on sheets no larger than thirty-four
(34) inches by forty-four (44) inches or smaller than seventeen (17)
inches by twenty-two (22) inches.
2.
Preliminary Plat Data. Said preliminary plat, together with
the supporting data, shall provide all of the following information:
a.
Names and addresses of the owner, applicant (if not the owner)
and registered land surveyor or professional engineer (a statement
to the effect that "this plat is not for record" shall be stamped
or printed on all copies of the preliminary plat);
b.
Proposed name of the subdivision;
c.
Zoning district classification of the tract to be subdivided
and of all property within two hundred fifty (250) feet of the boundary
of the tract to be subdivided. Show all property lines, streets, highways,
names of adjacent subdivisions and adjacent land uses (residential,
commercial, industrial, etc.);
d.
Site location map;
e.
North arrow, graphic scale, legend and preparation date of preliminary
plat and all revision dates;
f.
Dimensions of the tract and its gross area, boundary lines and
their relation to established section lines, fraction section lines
or survey lines and approximate dimensions of proposed lots;
g.
Topography of the tract to be subdivided as indicated by two-foot
contour data for land having slopes of zero percent (0%) to four percent
(4%), five-foot contour data for land having slopes between four percent
(4%) and twelve percent (12%) and ten-foot contour data for land having
slopes of twelve percent (12%) or more;
h.
Locations of features such as bodies of water, ponding areas,
natural drainageways, boundaries of 100-year floodplain and floodways,
flood hazard boundaries as shown on FEMA maps presently filed in the
office of the City Floodplain Office, railroads, cemeteries, bridges,
parks, schools, etc.;
i.
Locations, approximate gradients and right-of-way widths of
all existing and proposed streets;
j.
Locations, widths and purposes of all existing and proposed
easements;
k.
Copy of all proposed deed restrictions and covenants;
l.
Location and size of existing and proposed sanitary and storm
sewers;
m.
Locations, types and approximate sizes of all other existing
and proposed utilities and designation of the utility companies serving
the site;
n.
Locations, dimensions and areas of all parcels to be reserved
or dedicated for schools, parks/playgrounds, common ground and other
public purposes;
o.
Locations, dimensions and area of all proposed or existing lots
within the subdivision including setback requirements and building
lines;
p.
Location of proposed detention facilities;
q.
Proposed land use designation (whether for residential, commercial,
industrial, public or mixed use).
F.
Additional Preliminary Plat Requirements. In addition to the requirements of this Article "Major Subdivision Application Procedure and Approval Process," all preliminary plats shall conform to the requirements of Article IV, "Resource Conservation Planning and Design for All Subdivisions" of these Subdivision Regulations. All conservation development (see Chapter 402 for definition) preliminary plats, which are qualified for discretionary density bonuses, shall also comply with Article V, "Conservation Subdivision Regulations and Design Standards" of these Subdivision Regulations.
G.
Preliminary Greenway Ownership Map And Management Plan. Using the preliminary plat as a base map, the boundaries, acreage and proposed ownership of all proposed greenway land shall be depicted on a preliminary greenway ownership map. In addition, the applicant shall also submit a preliminary greenway ownership and management plan detailing the entities responsible for maintaining various elements of the property and describing management objectives and techniques for each part of the property. Such management plans shall be consistent with the requirements of Section 410.450(G) of these regulations. The plan shall be submitted to the City Attorney for legal review.
H.
Preliminary Plat Review.
1.
If the City Planner, City Engineer, City Storm Water Manager
and Zoning Commissioner determine the application is complete, the
Zoning Commissioner will contact the applicant and an additional twenty-eight
(28) copies of the preliminary plat shall be submitted to the Zoning
Commissioner. The preliminary plat will then be submitted to the Planning
and Zoning Commission and the Board of Aldermen for review and will
be scheduled for a Planning and Zoning meeting.
2.
If, however, the City Planner, City Engineer, City Storm Water
Manager and Zoning Commissioner determine that the plat is not complete,
the applicant will be provided with comments detailing the recommended
changes and/or additional information that is required. The applicant
must then resubmit the portions of the application that require changes
and/or submit any new information that is required. The City Planner,
City Engineer, City Storm Water Manager and Zoning Commissioner will
then begin the process again and review the application to determine
if it is complete.
I.
Preliminary Plat Approval.
1.
The Planning and Zoning Commission shall not act on any proposed
preliminary plat until a public hearing is held for the proposed preliminary
plat. Written notice of said public hearing shall be mailed to all
property owners within one hundred eighty-five (185) feet of the boundary
of the premises under consideration and notice shall also be posted
in a newspaper of general circulation. Notices shall be mailed and
posted respectively at least fifteen (15) days prior to the date of
said public hearing.
2.
At the Planning and Zoning meeting, the Planning and Zoning
Commission will consider the preliminary plat, the reports of the
City Planner, the City Engineer, and the City Storm Water Manager,
and any testimony and/or exhibits submitted at the public hearing
and make a ruling on the preliminary plat (approve it, conditionally
approve it, or deny it). The applicant must be present at the Planning
and Zoning meeting.
3.
The ruling on the preliminary plat shall occur within sixty (60) days of the official submission date (as defined in Section 402.020 of this Title) of the major subdivision plat application. With the consent of the applicant, however, the Planning and Zoning Commission may extend the sixty (60) day period for a mutually agreed upon period. If no action is taken by the Planning and Zoning Commission within the sixty-day period or the agreed upon extended period, the preliminary plat shall be deemed approved.
4.
If the preliminary plat of a major subdivision is denied by
the Planning and Zoning Commission, the applicant may appeal to the
Board of Aldermen.
5.
One (1) copy of the proposed preliminary plat shall be returned
to the applicant with the date of approval, conditional approval or
denial and the reasons for denial accompanying the plat. Before the
Planning and Zoning Commission approves a preliminary plat showing
park reservation or land for other City use that is proposed to be
dedicated to the City, the Planning and Zoning Commission shall obtain
approval of the park or land reservation from the Board of Aldermen.
[Ord. No. 18-12, 12-11-2018]
A.
Required Standards. No preliminary plat of a proposed minor or major
subdivision shall be approved by the Planning and Zoning Commission
unless the applicant proves by clear and convincing evidence that:
1.
The proposed plat meets the minimum requirements of the City's
Zoning Regulations, Subdivision Regulations and all applicable State
and Federal laws and Statutes;
2.
Adequate public facilities as described in Section 410.630 have been provided for the subdivision;
3.
All areas of the proposed subdivision which may involve soil
or topographical conditions presenting hazards or requiring special
precautions have been identified by the applicant and that the proposed
uses of these areas are compatible with such conditions;
4.
The applicant has the financial ability to complete the proposed
subdivision improvements in accordance with all applicable Federal,
State and local laws and regulations;
5.
The proposed subdivision will not result in the scattered subdivision
of land that leaves undeveloped parcels of land lacking infrastructure
between developed parcels; and
6.
The applicant has taken every effort to mitigate the impact
of the proposed subdivision on public health, safety and welfare.
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The Planning and Zoning Commission is authorized to deny a preliminary
plat even though the land proposed for subdivision is zoned for the
use to which the proposed subdivision will be put and the proposed
use is consistent with the Comprehensive Plan if the Commission makes
a finding that one (1) or more or the items listed above in paragraphs
(1) through (6) have not been met.
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B.
Conformance To Zoning And Subdivision Regulations. Every preliminary
plat shall conform to existing Zoning Regulations and Subdivision
Regulations applicable at the time that the proposed preliminary plat
is submitted for approval unless the Planning and Zoning Commission
or Board of Aldermen has taken official action toward amending the
applicable Zoning and Subdivision Regulations, in which case the amendment
shall prevail.
C.
Conformance To Planned District Procedures. Every proposed subdivision of land in a planned district shall have Area Plan and final development plan/section plan approval of the Board of Aldermen before any lot can be created or any final plat may be filed. See Section 410.320 for more information regarding the coordination of planned district procedures with subdivision approval.
D.
Effective Period Of Preliminary Plat Approval. Preliminary plat approval
shall only be effective for a period of one (1) year from the date
that the preliminary plat is approved, unless a final plat application
for said project is submitted to the City within the same one (1)
year time frame. If a final plat application is submitted within the
one (1) year time frame, the preliminary plat approval remains valid.
If a final plat application is not submitted within the one (1) year
time frame, the preliminary plat approval shall be null and void and
the applicant shall be required to submit a new preliminary plat for
review subject to current subdivision and zoning regulations. Applicants
may submit a formal request to the Board of Aldermen for an extension
to the one (1) year preliminary plat approval effective period, however,
an extension can only be granted while the preliminary plat approval
is still valid.
E.
Approval Of Construction Plans. After preliminary plat approval,
the construction plans may be submitted to the City Engineer for approval.
Three (3) paper copies and one (1) electronic copy of the construction
plans shall be submitted to the City Engineer. The applicant shall
not submit any final plat application until the construction plans
have been approved by the City Engineer. An exception may be granted
at the sole discretion of the City Engineer, allowing the final plat
application to be submitted while the City Engineer is still reviewing
the construction plans.
[Ord. No. 18-12, 12-11-2018]
A.
At any time after preliminary plat approval and before submission
of a final plat, the applicant may submit a request to the Zoning
Commissioner for an amendment of said preliminary plat. The Zoning
Commissioner, upon recommendation of the City Engineer, may agree
to the proposed amendment if it is deemed to be minor. If the proposed
amendment is deemed to be major (a major amendment shall include,
but is not limited to, any amendment that results in or has the effect
of decreasing green space in the subdivision by ten percent (10%)
or more or increasing the number of lots in the subdivision), the
Planning and Zoning Commission shall consider the proposed major amendment
in accordance with the same requirements for preliminary plat approval
found in these regulations.
B.
Discussion at Planning and Zoning meetings regarding a proposed major
amendment to a plat shall be limited to topics reasonably related
to the proposed amendment and shall not address previously approved,
unrelated topics. The Planning and Zoning Commission shall approve
or deny any proposed major amendment and may make any modifications
to the terms and conditions of preliminary plat approval as long as
they are reasonably related to the proposed amendment. If the applicant
is unwilling to accept the proposed major amendment under the terms
and conditions required by the Planning and Zoning Commission, the
applicant may withdraw the proposed major amendment.
C.
The Planning and Zoning Commission shall render a decision on the
proposed major amendment within sixty (60) days after the meeting
at which the request was heard by the Commission, including any adjourned
session, unless such issue is continued by mutual agreement of the
applicant and Commission.
[Ord. No. 18-12, 12-11-2018]
A.
Construction Plan Approval Prior To Final Plat Application Submission.
Prior to the submission of any minor or major subdivision final plat
application, construction plans shall be submitted to, reviewed and
approved by the City Engineer. An exception may be granted at the
sole discretion of the City Engineer, allowing the final plat application
to be submitted while the City Engineer is still reviewing the construction
plans.
B.
Final Plats Subject To Administrative Review. The subdivision of
lots or parcels of land for the use of the following dwelling units
listed below, consisting of no more than two (2) dwelling units per
structure, shall be reviewed administratively.
1.
Single-family attached units.
2.
Cluster homes.
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Said final plats shall be reviewed administratively by the Zoning
Commissioner with the advice of the City Engineer, the City Planner
and the City Storm Water Manager for compliance with approved preliminary
plats and City regulations and requirements.
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In the event that the final plat is not approved by the City
Planner, City Engineer, City Storm Water Manager and the Zoning Commissioner,
the applicant shall submit the final plat to the Planning and Zoning
Commission for its recommendation and then to the Board of Aldermen
for approval or denial.
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C.
Final Plat Application Procedure And Requirements. Following approval
of a preliminary plat, the applicant can file a subdivision final
plat application with the Zoning Commissioner. The applicant shall
file six (6) copies of a major subdivision final plat application
with the Zoning Commissioner. The application shall:
1.
Be made on official forms available at the office of the Zoning
Commissioner, together with all required fees. Fees are established
by the Board of Aldermen and are listed on the official "Weldon Spring
Fee Schedule," copies of which are available at City Hall and on the
City's website (www.weldonspring.org).
2.
Include the entire subdivision or relevant section thereof which
derives access from an existing State, County or City street.
3.
Initially be accompanied by a minimum of six (6) copies of the
preliminary plat as described in these regulations. (Once it has been
determined that the plat is complete and ready to be presented to
the Planning and Zoning Commission, an additional twenty-eight (28)
copies shall be submitted to the Zoning Commissioner.)
4.
Comply in all respects with the preliminary plat, as approved.
5.
Be accompanied by all formal irrevocable offers of dedication
to the public of all streets, easements, City uses, parks and utilities
in a form approved by the City Attorney and the subdivision plat shall
be marked with a notation indicating the formal offers of dedication
as follows:
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The owner or his or her representative hereby irrevocably offers
for dedication to the (City, County, utility company or lot owners
in the subdivision) all the streets, City uses, easements, parks and
required utilities shown on the subdivision plat and construction
plans in accordance with an irrevocable offer of dedication dated
and recorded in the office of the St. Charles County Recorder of Deeds.
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By
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(owner or representative)
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Date
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6.
Be accompanied by the subdivision improvement agreement and
security, if required, in a form satisfactory to the City Attorney
and in an amount approved by the City Engineer and shall include a
provision that the applicant shall comply with all other terms of
the resolution of final plat approval as determined by the Board of
Aldermen which shall include, but not be limited to, the performance
of all required subdivision and off-site improvements and that all
improvements and land included in the irrevocable offer of dedication
shall be dedicated to the City free and clear of all liens and encumbrances
on the premises.
7.
Be accompanied by an inspection fee in an amount to be determined
on the basis of the provisions of these regulations and by written
assurance from the public utility companies and improvement districts
that necessary utilities will be installed.
D.
Final Plat Information Required. Every final plat shall be prepared
by a land surveyor registered in the State of Missouri on polyester-base
film with water-proof black ink at a scale not greater than one (1)
inch equals one hundred (100) feet, provided that the resultant drawing
shall not exceed thirty-six (36) inches square. The final plat and
supporting data must provide the following information:
1.
North arrow, graphic scale and preparation date and revision
dates;
2.
Name of subdivision and the names of subdivider and registered
land surveyor;
3.
Accurate metes and bounds or other adequate legal description
of the tract, including the various acreages of the lots and tracts
acreages represented on the plat;
4.
An accurate boundary survey with bearings and distances tied
to surveyed identification points (monuments), surveyed to the boundary
per State minimum standards, with dimensions and bearings or angles
closing with an error of closure of not more than one (1) foot in
ten thousand (10,000) feet. Certification of the boundaries and monuments
shall be made by a registered land surveyor and the plat shall include
text in which the registered land surveyor testifies that they made
said certifications;
5.
Reference to recorded plats of adjoining platted land by record
name, plat book and page number;
6.
Accurate locations of all existing streets intersecting the
boundaries of the subdivision;
7.
Right-of-way lines of all streets, other rights-of-way, lot
lines and easements, with accurate dimensions, angles or bearings
and curve data, including radii, arcs or chords, points of tangency
and central angles;
8.
Name and right-of-way width of every proposed street;
9.
Purpose of any existing or proposed easement;
10.
Number of each lot (in logical order), lot dimensions and lot
areas listed on each lot;
11.
Building or setback lines with accurate dimensions;
12.
Depict flood hazard boundaries as shown on FEMA maps presently
filed in the office of the City Floodplain Officer;
13.
Purpose(s) for which sites, other than private lots, are reserved;
14.
Restrictions of all types that will run with the land and become
covenants in the deeds of lots. The Planning and Zoning Commission,
the Board of Aldermen and the City Attorney shall review such covenants
and restrictions; and
15.
In the event a subdivision is to have privately maintained streets,
evidence of the methods for controlling and maintaining each private
facility shall be submitted with the final plat.
E.
Final Plat Approval. The City Planner, the City Engineer and the
City Storm Water Manager shall initially review the major subdivision
final plat and provide recommended changes to the applicant, if any.
Once the City Planner, City Engineer, City Storm Water Manager and
Zoning Commissioner determine that the plat is complete, it will be
scheduled to go before the Planning and Zoning Commission. It is at
this point that the applicant shall submit the additional twenty-eight
(28) copies of the final plat for distribution to the Planning and
Zoning Commissioners.
1.
Planning And Zoning Commission Recommendation. After the Planning and Zoning Commission meeting and within sixty (60) days of the official submission date to the Planning and Zoning Commission (as defined in Section 402.020 of this Title), the Planning and Zoning Commission shall make a recommendation to the Board of Aldermen to approve, approve with conditions or deny the final plat. With the consent of the applicant, however, the Planning and Zoning Commission may extend the sixty-day period for a mutually agreed upon period.
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If the Planning and Zoning Commission recommends approval or
approval with conditions of the final plat, it will then be scheduled
to go before the Board of Aldermen. If the Planning and Zoning Commission
recommends denial of the final plat, the applicant has two (2) options.
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a.
They can revise the final plat based on comments from the Planning
and Zoning Commission and come back and re-present the application
to the Planning and Zoning Commission for approval again, or
b.
They can proceed and take the application before the Board of
Aldermen with a recommendation of denial by the Planning and Zoning
Commission, which will require a two-thirds (2/3) majority vote by
the Board of Aldermen to approve the final plat.
2.
Board Of Aldermen Ruling. At the Board of Aldermen meeting,
the Aldermen will consider the final plat, the reports of the City
Planner, the City Engineer and City Storm Water Manager, the recommendation
of the Planning and Zoning Commission and any testimony and/or exhibits
submitted at the Planning and Zoning meeting and make a ruling on
the final plat (approve it, conditionally approve it or deny it).
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One (1) copy of the final plat shall be returned to the applicant
with the date of approval, approval with conditions or denial noted
on the plat; and, if the plat is denied, the reasons for denial accompanying
the plat.
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F.
Applicable Laws. To obtain final plat approval, the applicant shall
be in compliance with all Federal and State laws applicable at the
time that the final plat is considered for approval by the Board of
Aldermen. The applicant shall also be in compliance with all local
laws and regulations applicable at the time that the preliminary plat
was submitted to the Planning and Zoning Commission in accordance
with these regulations (or, if a minor subdivision, at the time the
preliminary plat was submitted to the Zoning Commissioner), except
that the applicant shall comply with those local laws and regulations
in effect at the time that the final plat is considered for approval
by the Board of Aldermen if the Board of Aldermen makes a determination
on the record that compliance with any of those local laws and regulations
is reasonably necessary to protect public health, safety and general
welfare.
G.
After Final Plat Approval. Subsequent to the approval of the final
plat by the Board of Aldermen, the following shall be submitted to
the City Engineer for final review:
1.
One (1) paper copy of the "as built"/record plans;
2.
One (1) original of the final plat on reproducible Mylar;
3.
Two (2) paper copies of the final plat; and
4.
One (1) electronic copy of the final plat on compact disc.
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An electronic copy of the final plat shall also be submitted to the St. Charles County GIS Department. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met (see Section 410.300(A)).
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H.
Public Improvements. If all public improvements are not installed and dedicated prior to the approval of the final plat by the Board of Aldermen, the applicant shall execute a subdivision improvement agreement and provide security for the agreement as provided in Section 410.460(A) prior to final plat approval. The Board of Aldermen shall require the applicant to indicate on the plat all streets and public improvements to be dedicated, all water and utility improvements which shall be required to be established or extended and any other special requirements deemed necessary by the Board of Aldermen in order for the subdivision plat to conform to the City's Comprehensive Plan.
[Ord. No. 18-12, 12-11-2018]
A.
Effect Of Approval. Except as otherwise provided in this Section,
no vested rights shall accrue to the applicant of any subdivision
by reason of preliminary or final plat approval until the actual signing
of the final plat by the City Clerk.
B.
Effect Of Recording. Except as otherwise provided in this Section,
no vested rights shall accrue to the applicant of any subdivision
by virtue of the recording of a final plat.
C.
Development Agreements. The City shall require a development agreement,
as deemed necessary by the City, for any development. The City shall
require a development agreement for all conservation subdivisions.
Development agreements are described as follows:
1.
General. The development agreement shall constitute a binding
contract between the applicant of the proposed subdivision and the
City and shall contain terms and conditions agreed to by the applicant
and the City as well as those required by this Section. The City Attorney
or designee is authorized to negotiate draft development agreements
on behalf of the City which in all cases shall be subject to the final
approval by the Board of Aldermen.
2.
All Fees Paid. The City shall not enter into any such development
agreement until the applicant has paid to the City, in full, all due
development review fees, the cost accrued during the development review
process, or any other costs for which the developer is liable.
3.
Covenants. Any covenant contained in the development agreement
that indicates the City or the developer will refrain from exercising
any legislative, quasi-legislative, quasi-judicial, or other discretionary
power, including rezoning or the adoption of any rule or regulation
that would affect the proposed subdivision, shall be limited to a
period of five (5) years. The covenant shall also contain a provision
that the City may, without incurring any liability, engage in action
that otherwise would constitute a breach of the covenant if it makes
a determination on the record that the action is necessary to avoid
a substantial risk of injury to public health, safety, and general
welfare. The covenant shall contain the additional provision that
the City may, without incurring any liability, engage in action that
otherwise would constitute a breach of the covenant if the action
is required by Federal or State law.
4.
Third Party Rights. Except as otherwise expressly provided in
the development agreement, the development agreement shall create
no rights enforceable by any party who/which is not a party to the
development agreement.
5.
Limitation On Liability. The development agreement shall contain
a clause that any breach of the development agreement by the City
shall give rise only to damages under State contract law and shall
not give rise to any liability for violation of the Fifth and Fourteenth
Amendments of the U.S. Constitution or similar State constitutional
provisions.
6.
Developer's Compliance.
a.
The development agreement shall include a clause that the government's
duties under the agreement are expressly conditioned upon the applicant's
substantial compliance with each and every term, condition, provision
and covenant of the agreement, all applicable Federal, State and local
laws and regulations and its obligations under the subdivision improvements
agreement.
b.
For conservation development subdivisions, the development agreement shall require the execution of properly recorded conservation easements granted to a land trust approved by the Board of Aldermen and the approval of a Greenway Maintenance Plan (see Section 410.450(G) for more details) approved by the Missouri Department of Conservation and the Board of Aldermen.
c.
For all major subdivisions, it shall require the approval by
the City Attorney and the Board of Aldermen and proper execution (including
recording) of all covenants and Homeowners' Association bylaws.
d.
All requirements for the developer shall be executed to the
satisfaction of the Board of Aldermen and the City Attorney and all
costs associated with such review and approval shall be the responsibility
of the developer and shall be paid prior to the City's release of
the developer from this agreement.
7.
Adoption. The development agreement shall be adopted by the
Board of Aldermen pursuant to applicable State and local laws and
shall be recorded in the office of the St. Charles County Recorder
of Deeds.
8.
Incorporation As Matter Of Law. All clauses, covenants and provisos
required by these regulations to be included in a development agreement
shall be incorporated into the development agreement as a matter of
law without respect to the intent of the parties.
[Ord. No. 18-12, 12-11-2018]
A.
Signing Of Plat.
1.
When a subdivision improvement agreement and security are required,
the City Clerk shall endorse approval on the final plat after the
subdivision agreement and security have been approved by the Board
of Aldermen and all the conditions of the resolution pertaining to
the final plat have been satisfied.
2.
When installation of improvements is required prior to recording
of the final plat, the City Clerk shall endorse approval on the final
plat after all conditions of the resolution have been satisfied and
all improvements satisfactorily completed. There shall be written
evidence that the required public facilities have been installed in
a manner satisfactory to the City as shown by a certificate signed
by the City Engineer and reviewed by the City Attorney stating that
the necessary dedication of public lands and improvements has been
accomplished.
B.
Recording Of Plat.
1.
The City Clerk will sign the reproducible mylar original of
the final plat and two (2) prints of the final plat.
2.
It shall be the responsibility of the applicant to file the
final plat with the St. Charles County Recorder of Deeds within ten
(10) days of the date of signature. Simultaneously with the filing
of the final plat, the City Clerk shall record the agreement of dedication
and any other necessary legal documents.
C.
Sectionalizing Major Subdivision Plats. Prior to granting final approval
of a major subdivision plat, the Board of Aldermen may permit the
plat to be divided into two (2) or more sections and may impose such
conditions upon the filing of the sections as it may deem necessary
to assure the orderly development of the plat. The Board of Aldermen
may require that the subdivision improvement agreement and security
be in an amount commensurate with the section or sections of the plat
to be filed and may defer the remaining amount of the security until
the remaining sections of the plat are offered for filing. The applicant
may also file irrevocable offers to dedicate streets and public improvements
in the section(s) to be filed and may defer filing offers of dedication
for the remaining sections until those sections are offered for filing.
If sectionalizing is approved, each section shall be handled as a
separate final plat. Such sections must contain at least ten percent
(10%) of the total number of lots contained in the approved final
plat.
[Ord. No. 18-12, 12-11-2018]
If the City suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the St. Charles County Recorder of Deeds declaring that final approval for the subdivision is suspended and that the further sale, lease or development of property within the subdivision is prohibited except that this prohibition shall not apply to persons or parties who have acquired property from the applicant, unless the person or party acquiring property meets the definition of "common ownership" in Chapter 402. If any court of competent jurisdiction invalidates final plat approval for any subdivision, the City shall record a document with the St. Charles County Recorder of Deeds declaring that the final plat for subdivision is no longer valid and that further subdivision activity is prohibited.
[Ord. No. 18-12, 12-11-2018]
A.
General Requirements. Planned district procedures shall be carried
out simultaneously with subdivision review whenever the planned district
development entails the subdivision of land. Plans submitted for a
planned district application (e.g., Area Plan, final development plan
or section plan; see Article X of the Zoning Regulations for more
details on planned district procedures) shall satisfy the requirements
of both the Subdivision Regulations and the Zoning Regulations.
B.
Procedure. When a planned district development involves the subdivision of land, an approved final development plan or section plan shall constitute an approved preliminary plat (see Section 405.355(A)(6) of the Zoning Regulations). An Area Plan and a final development plan/section plan replace the typically required site plan (see Section 405.345(D) of the Zoning Regulations).
C.
Applications then follow normal review and approval procedures according
to these Subdivision Regulations and the Zoning Regulations. No building
permits or land use permits shall be issued for the project until
the Area Plan, the final development plan/section plan (again, see
Article X of the Zoning Regulations for more details on planned district
procedures) and the preliminary plat have been approved and the final
plat has been approved by the Board of Aldermen and recorded with
the St. Charles County Recorder of Deeds.
D.
Resubdivisions Of Planned District Developments. A planned district
development may be subdivided or resubdivided for purposes of sale
or lease after the project plan has been finally approved and development
completed or partially completed. If the subdivision or resubdivision
of a planned district development will create a new lot line, the
applicant shall make application to the Planning and Zoning Commission
for the approval of the subdivision or resubdivision. The Planning
and Zoning Commission shall approve the subdivision only if an amended
final development plan/section plan is also approved by the appropriate
body or official as indicated in the Zoning Ordinance for all provisions
governing use, density and bulk standards.
[Ord. No. 18-12, 12-11-2018]
A.
Purpose. The purpose of this Section is to provide a procedure where
the construction of a display house or a multi-family display unit
can begin prior to the recording of the final subdivision plat, provided
that it conforms to all of the requirements of the City's Zoning Ordinance,
including, but not limited to, Article XI, Architectural Review Commission
(ARC) approval and that it receives a land use permit from the Zoning
Commissioner.
B.
Procedure. The applicant may, after receiving approval of a preliminary
plat from the Planning and Zoning Commission, approval of the sediment
and erosion control plan from the City Engineer and a discharge permit
from the Missouri Department of Natural Resources, submit a display
house plat to the Planning and Zoning Commission for review and approval.
There may be one (1) display house or unit for every ten (10) houses
or multi-family units proposed. The display house plat shall include
a complete boundary survey of the proposed subdivision and the location
of each display house in relation to proposed lots. The script of
said display house plat shall contain terms and conditions as required
by the Planning and Zoning Commission, including, but not limited
to, the following:
1.
The display house plat shall be filed in the office of the City
Zoning Commissioner prior to issuance of a building permit for any
display house/unit.
2.
The display house plat shall become null and void upon the recording
of a final plat which establishes that each display house/unit is
on an approved lot.
3.
No part of the proposed subdivision may be conveyed for any
structure therein until the display house(s) or unit(s) have been
located on an approved and recorded lot.
4.
If initial construction of a display house/unit has not commenced
within ninety (90) days of the Planning and Zoning Commission's approval,
the display house plat shall become null and void.
5.
Houses or units shall be on an approved lot of record within
one (1) year of the display plat's approval, unless a longer period
is approved by the Planning and Zoning Commission. If the record plat
has not been filed within that time-frame, the owner of the property
shall be responsible for the removal of all display houses or units
from the property. Failure of the owner to remove the display houses
or units from the property within one (1) year plus thirty (30) days
of date of approval shall constitute the granting of authority to
the City of Weldon Spring to remove the display houses or units, the
cost of which shall be borne by the owner and shall become a lien
against the property.
6.
The display house plat shall be executed by a registered land
surveyor, the owner of the property and, if applicable, the lien holder.
7.
There shall be a filing fee plus a per house/unit fee. Fees
are established by the Board of Aldermen and are listed on the official
"Weldon Spring Fee Schedule," copies of which are available at City
Hall and on the City's web page (www.weldonspring.org).
[Ord. No. 21-10, 10-12-2021]
A.
Three (3) folded prints of the boundary adjustment plat shall be submitted to the Zoning Commissioner. In addition to the three (3) paper prints and a digitized version that complies with St. Charles County mapping standards shall be submitted. The digitized version should be accompanied by the information consistent with the final plat. All Boundary Adjustment Plats shall be prepared by a Missouri registered professional land surveyor and/or Missouri registered professional engineer and bear their signature and seal. The filing/review fee for a Boundary Adjustment Plat is found in Section 412.010.
1.
Boundary Adjustment Plats must be made on official forms and shall
be submitted with all required fees. Official forms are available
at City Hall and on the City's website (www.weldonspring.org). Fees
are established by the Board of Aldermen and listed on the official
"Weldon Spring Fee Schedule" which is also available at City Hall
and on the City's website (www.weldonspring.org).
2.
Boundary Adjustment Plats must be approved administratively by the
Zoning Commissioner and City Engineer.
B.
Boundary
Adjustment Plats must also meet the following criteria:
C.
Boundary
Adjustment Plats shall include, at a minimum, the following:
1.
Name of plat and names of those who prepared the plat.
2.
North point, date of survey, and scale used.
3.
Location of original and adjusted lot lines and their relation to
established section lines, fractional section lines or U.S. survey
lines.
4.
Acreage of original and adjusted lots.
5.
Setback lines, location of easements.
6.
Street numbers of each lot.
7.
Certification as to acreage boundaries, monuments made by a registered
land surveyor, testifying that the above were made by the surveyor.
8.
Owner of record signature(s) and lienholder's statement. These signatures
must be acknowledged by a public notary prior to recording the plat.
9.
The statement "This Boundary Adjustment Plat is approved for recording
this ____ day of _____________." The statement shall also include
a three (3) inch line with the title "Zoning Commissioner" directly
below the line for his/her signature.
D.
Boundary
Adjustment Plat Approval. No Boundary Adjustment Plat shall be filed
for record or recorded in the office of the Recorder of Deeds for
St. Charles County, Missouri, unless and until the approval of the
Zoning Commissioner is endorsed thereon.
