[CC 1970 App. B §5.1; Ord. No. 5765 §1, 6-24-2003]
The purpose of this Article is to outline and describe the process
involved in filing an application for a minor subdivision. A minor
subdivision is required any time an applicant proposes any division
or consolidation of a tract or parcel of land or building sites for
the purpose of sale or building development. No public improvements,
dedications or the establishment of new public or private streets,
alleys or other thoroughfares or a change in existing streets may
be involved.
[CC 1970 App. B §5.2; Ord. No. 5765 §1, 6-24-2003]
A. Whenever
a minor subdivision of land is proposed and before any permit for
the development of or construction of any improvement on any land
in such proposed minor subdivision shall be granted, the applicant
shall apply for and secure approval of such proposed minor subdivision
in accordance with the following procedure.
B. Before
filing an application for approval of a plat, the applicant may, at
its election, confer with the Director of Planning and Development
Services and representatives of any other City departments regarding
the proposal. Such action does not require formal application fees
or filing of a plat and is not to be construed as an application for
formal approval and shall not be in lieu of the same. Comments made
by staff during such conferences shall not constitute representations
or warranties with respect to any matter discussed and shall not be
binding upon staff members or members of the Plan Commission or Board
of Aldermen.
[CC 1970 App. B §5.3; Ord. No. 5765 §1, 6-24-2003]
A. A plat
must be prepared from an accurate survey, completed and sealed by
a surveyor registered to practice in the State of Missouri. The plat
shall be drawn on one (1) or more sheets of a maximum dimension of
twenty-four (24) inches by thirty-six (36) inches. The scale of the
drawing shall be at a scale of one (1) inch equals twenty (20) feet
or greater or other scale if deemed appropriate by the Director of
Planning and Development Services. In certain instances where the
subdivided area is of unusual size or shape, the Director of Planning
and Development Services may permit a variation of these dimensional
requirements. If multiple sheets are required, then a key map shall
be provided on a title sheet showing the entire subdivision at a reduced
scale. In addition to the items required by Chapter 445, RSMo., or
any similar Statute then in force, the submitted minor subdivision
plat shall include:
1. Subdivision title or name, north arrow, scale and date.
2. The names and adjoining boundaries of all adjoining subdivisions
and the names of record owners.
3. All new and existing sanitary and storm sewers, water mains, culverts
and other underground structures within the tract or immediately adjacent
thereto. The location and size of the nearest water main and sewer
or outlet are to be indicated upon the plat.
4. Existing and proposed future contours with intervals of two (2) feet
or less referred to sea level datum.
5. Approximate (to nearest foot) dimensions and area of:
b. Each lot; width, depth and area;
c. Street right-of-ways including radii of cul-de-sacs and curbs;
d. Common open space or other land to be dedicated for a public use.
6. Proposed use of each lot and existing and proposed zoning of all
property within the subdivision.
7. Any zoning district or districts that affect the property to be subdivided
or adjoining property.
8. Location of common open space, parks and other public or semi-public
areas or facilities.
9. Site drainage system including general surface drainage patterns:
a. Drainage swales, detention storage areas, sewers, culverts and other
improvements proposed to accommodate stormwater and minimize erosion;
b. Floodplain definition and effect of applicable local, State or Federal
floodplain standards or regulations.
10. Names, addresses and telephone numbers of the subdivider, owner and
engineer.
11. Boundary lines, with dimensions and bearings or angles, which provide
an accurate survey of the tract.
12. Location, dimensions and purpose of each easement.
13. Identification system for all lots and blocks.
14. Location and purpose for which sites are dedicated or reserved (i.e.,
residential, park, open space).
15. Building lines with setback distances.
16. Location, type, material and size of all survey monuments and lot
markers, including bench marks with elevations referenced to mean
sea level datum.
17. Location of all utilities, including sanitary sewers, storm sewers,
electrical, cable, gas, water, etc.
18. Location of fire hydrants.
19. Certificate of the owner creating the subdivision, granting easements
with statement of the use or uses for which granted, establishing
building lines and referring to the restrictions of all types and
trusteeships which will run with the land and become covenants in
the deeds for the lots.
20. Certificates of all owners and holders of the deeds of trust, approving
the plat as prepared and releasing from the lien created by said deeds
of trust all land dedicated to the public use on the plat.
21. Certificate indicating approval of the plat by the Board of Aldermen
of the City of Clayton prepared for execution by the Mayor and City
Clerk over the seal of the City of Clayton.
22. Certification by a registered land surveyor or engineer that the
plat represents a survey made by him/her and that all the necessary
survey monuments are correctly shown thereon and that the size of
each lot is correctly indicated by dimensions and square feet of area.
Impressed thereon and affixed thereto shall be the personal seal and
signature of the registered land surveyor or engineer by whom or under
whose authority and direction the plat was prepared in conformance
with Missouri Revised Statutes.
23. Certification that real estate taxes are paid shall be furnished
in the form of copies of paid real estate tax bills on the land within
the proposed subdivision.
24. Additional information, drawings, plans or documentation may be requested
whenever deemed necessary or appropriate for a full and proper consideration
and disposition of the application.
[CC 1970 App. B §5.4; Ord. No. 5765 §1, 6-24-2003]
A. All
applications for minor subdivision plat approval shall first be reviewed
by staff at a staff plat review meeting. The applicant shall submit
as many copies as determined necessary by the Director of Planning
and Development Services of the minor subdivision plat and any additional
information, as required by staff, to the Department of Planning and
Development Services at least seven (7) days prior to a regularly
scheduled staff plat review meeting date. Such meetings shall be held
regularly at a time agreed upon by the departments concerned.
B. At
such meeting, joint review of the plat shall be conducted by the department
staff which may include, but not be limited to, the Director of Planning
and Development Services, Director of Public Works, Fire Marshal,
Building Official and City Manager. Plats shall be reviewed for completeness
and compliance with all applicable requirements of the adopted Building
Code, Plumbing Code, Mechanical Code, Electrical Code, Zoning Ordinance,
Subdivision Ordinance, Public Right-Of-Way Standards and any other
applicable City ordinances, codes, standards, guidelines and good
planning practices. This review shall not constitute or substitute
for compliance with applicable technical codes and the application
and approval process required for issuance of building and other required
permits.
C. If the plat is deemed complete and in compliance with all applicable codes and regulations, then within seven (7) calendar days of the meeting, a letter shall be forwarded to the person or firm submitting the plat requesting that plats be submitted as per Section
415.330 above, which can then be forwarded to the Plan Commission.
D. If
the plat is not deemed complete and/or in compliance with all applicable
codes and regulations, then within seven (7) calendar days of the
meeting, a letter shall be forwarded to the person or firm submitting
the plat stating the comments and concerns of the reviewing departments.
Sixty (60) days from the date on the comment letter, a revised plat
addressing the listed comments and concerns must be submitted for
further review. If a revised plat is not submitted within the said
time limit, review of the plat will be suspended.
E. The
Director of Planning and Development Services or his/her designee
shall submit the plat to the Plan Commission at such time the plat
is deemed complete and satisfactory to the staff. The applicant and
staff may confer until the plat is determined to be complete and satisfactory.
City staff will make every effort to insure the plat is processed
in a timely manner.
F. However, if staff determines an application to be incomplete, the applicant may request in writing that the application be forwarded to the Plan Commission nonetheless. The application will then be forwarded to Plan Commission for their consideration as outlined in Section
415.350 below.
G. The
Plan Commission shall not accept any plat and application that does
not contain all required information for review. The minor subdivision
plat shall substantially meet all land development standards of this
Subdivision Ordinance and those of any other applicable City regulations.
The Director of Planning and Development Services shall submit a report
to the Plan Commission regarding the proposed minor subdivision.
[CC 1970 App. B §5.5; Ord. No. 5765 §1, 6-24-2003]
A. The
Plan Commission shall hear all applications for minor subdivision
plat(s). The Plan Commission may choose to recommend approval of the
plat as submitted, recommend additional conditions to mitigate possible
negative impacts or recommend denial of the plat.
B. The
Plan Commission shall render a decision on a minor subdivision plat
application within sixty (60) days from the date of the meeting at
which the Plan Commission first considers the application. The plat
shall be deemed to have received a positive recommendation if the
Plan Commission fails to render a decision within the said sixty (60)
day period. The sixty (60) day period may be extended through mutual
written agreement between the applicant and the City Plan Commission
Chairperson.
C. The
Plan Commission shall submit a written report to the Board of Aldermen
of its decision stating any conditions of approval or reasons for
recommending denial of the minor subdivision plat.
[CC 1970 App. B §5.6; Ord. No. 5765 §1, 6-24-2003]
A. In
considering and acting upon plats and other applicable plans, staff,
the Plan Commission and the Board of Aldermen shall take the following
objectives into consideration:
1. Compatibility of lot size and density;
2. Creation of a lot which provides adequate dimensions to construct
improvements of similar size and nature to the surrounding area;
3. Creation of a lot which is in compliance with the area and frontage
requirements (no flag lots) as specified in the Zoning Ordinance and
provides for an orderly pattern of development;
4. Promotion of a creative approach to the use of land and related physical
facilities resulting in better site layout and development;
5. Preservation and enhancement of desirable site characteristics such
as natural topography, vegetation and geologic features and the prevention
of soil erosion;
6. Elimination of incompatible land configurations;
7. Consistency with good planning practices;
8. Compliance with all applicable codes, ordinances and standards.
[CC 1970 App. B §5.7; Ord. No. 5765 §1, 6-24-2003]
A. After
receipt of the Plan Commission's recommendation and report, the Board
of Aldermen shall consider the proposed minor subdivision plat at
a hearing. The public hearing shall be advertised in a newspaper not
less than fifteen (15) days prior to the hearing date. A subdivision
plat is approved by ordinance. The Board of Aldermen may, at its discretion,
add to or delete conditions recommended by the City Plan Commission.
The Board of Aldermen may refer the application back to the Plan Commission
for further study before making its final decision. The decision rendered
by the Board of Aldermen shall require a simple majority vote except
that a vote of at least five (5) members of the Board of Aldermen
will be required to approve any application contrary to the City Plan
Commission recommendation.
B. In
the event that the Board of Aldermen denies an application for a subdivision
plat, no request for hearing upon the same application or substantially
similar application will be accepted for a period of at least one
(1) year from the date of denial by the Board of Aldermen.
[CC 1970 App. B §5.8; Ord. No. 5765 §1, 6-24-2003]
Any applicant who feels aggrieved by any decision of the Board
of Aldermen may, within fifteen (15) days of the decision for which
redress is sought, file directly to the Board of Aldermen a written
request for reconsideration and appeal. The written request must set
forth in a concise manner the decision being appealed and all grounds
known to the appellant as to wherein and why the decision is allegedly
in error. The Board of Aldermen may consider the appeal on the record
of the prior decision or may, at its sole discretion, receive additional
evidence in such manner as it deems appropriate in light of the circumstances.
[CC 1970 App. B §5.9; Ord. No. 5765 §1, 6-24-2003]
In the event that the Board of Aldermen denies an application
for a minor subdivision plat, the same application or substantially
similar application will not be accepted for a period of at least
one (1) year from the date of denial by the Board of Aldermen.
[CC 1970 App. B §5.10; Ord. No. 5765 §1, 6-24-2003]
Minor subdivision plats which have been approved by the Board
of Aldermen must be filed and recorded with the St. Louis County Recorder
of Deeds. The applicant must submit proof of such filing to the City
Clerk within thirty (30) days from the approval date by the Board
of Aldermen. After that time, the applicant shall be required to resubmit
the original or a revised minor subdivision plat for Plan Commission
consideration and Board of Aldermen approval. The Plan Commission
and/or Board of Aldermen may reject such a reapplication in light
of new facts and circumstances relating to the context within which
the prior minor subdivision plat approval was granted.