[CC 1970 App. B §6.1; 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 major subdivision. The purpose
of the major subdivision plat is to establish a legal record of the
subdivision in accordance with the provisions of this Subdivision
Ordinance. A major subdivision is required any time an applicant proposes
to create one (1) or more new lots or consolidate two (2) or more
lots and public improvements, dedications or the establishment of
new public or private streets, alleys or other thoroughfares or a
change in existing streets is involved.
[CC 1970 App. B §6.2; Ord. No. 5765 §1, 6-24-2003]
A.
Whenever
a major subdivision of land is proposed and before any permit for
the development of or construction of any improvement on any land
in such proposed major subdivision shall be granted, the applicant
shall apply for and secure approval of such proposed major 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 §6.3; Ord. No. 5765 §1, 6-24-2003]
A.
Letter Of Transmittal. The letter of transmittal shall be
addressed to the Board of Aldermen and summarize the entire scope
of the project.
B.
Subdivision Plat. 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 major subdivision
plat shall include:
1.
Subdivision title or name, north arrow, scale and date.
2.
Names, addresses and telephone numbers of the subdivider, owner and
engineer.
3.
The names and adjoining boundaries of all adjoining subdivisions
and the names of record owners of adjoining lot(s).
4.
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.
5.
Existing and proposed future contours with intervals of two (2) feet
or less referred to sea level datum.
7.
Proposed use of each lot and existing and proposed zoning of all
property within the subdivision.
8.
Any zoning district or districts that affect the property to be subdivided
or adjoining property.
9.
Location of common open space, parks and other public or semi-public
areas or facilities.
10.
Site drainage system including:
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.
Location, type, material and size of all survey monuments and lot
markers, including bench marks with elevations referenced to mean
sea level datum.
16.
Location of all utilities, including sanitary sewers, storm sewers,
electrical, cable, gas, water, etc.
17.
Location of fire hydrants.
18.
Building setback lines required by the Clayton Zoning Ordinance with
dimensions.
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 §6.4; Ord. No. 5765 §1, 6-24-2003]
A.
Additional
supporting technical information may be required, as follows:
1.
Floodplain analysis. Where a portion of a plat is
known or suspected to be flood prone and the sufficient information
is not available, an engineering analysis shall be required. Such
analysis performed by a registered engineer for the applicant shall
determine the 100-year floodplain line. Regardless of the method of
determination, the 100-year floodplain line shall be clearly and legibly
drawn on the grading and excavation plan.
2.
Erosion and stormwater runoff control plan. The
grading and excavation plan shall seek to minimize the amount of grading
necessary, protect to the maximum extent possible the natural features
and vegetation on the site and minimize erosion resulting from grading
activities. It shall include, in addition to existing and proposed
contours at two (2) foot intervals, engineering calculations of the
amount of soil to be moved, removed or added to the site. The detailed
storm drainage plan shall incorporate proposed easement location and
dimensions, typical sections and construction details as necessary.
The erosion control plan shall include details of soil preparation,
erosion control and revegetation or soil stabilization measures to
be taken during construction including construction of berms, diversions
or other barriers to siltation, temporary mulching and landscape planting.
3.
Utilities plan. This plan shall indicate public
and private water and sewer facilities, lines, valves, pumps, fire
hydrants, pump stations and treatment which shall be designed to conform
to the development standards for water and sewer services as adopted
by the water company and the metropolitan sewer district. This plan
shall also indicate all other utilities proposed for installation
as part of the major subdivision, which may include, but not be limited
to, electrical, cable, gas, telecommunication infrastructure, etc.[1]
4.
Trust indenture. A copy of any trust indenture proposed
for the subdivision describing proposed covenants, restrictions and
conditions applicable to a property shall be submitted for review
by staff at the time of staff plat review. The trust indentures shall
be forwarded to the Plan Commission for their consideration and recommendation
to the Board of Aldermen. The Board of Aldermen shall have the authority
to approve any trust indenture proposed as part of a major subdivision.
In considering and acting upon trust indentures, staff, the Plan Commission
and the Board of Aldermen shall take the following standards into
consideration:
a.
Timely conversion to owners;
b.
Equal treatment of developer;
c.
Compliance with all applicable City codes, ordinances and standards;
d.
In the event the subdivision includes open space or other facilities
commonly useable and accessible to the residents of the subdivision,
said trust indenture shall provide for assessments to be levied against
property owners within the subdivision to maintain, insure, repair
and replace said facilities or open space as necessary.
5.
Street cross sections. Typical street cross sections
shall be shown with complete dimensions and construction information.
Street profiles showing existing and proposed elevations at stations
located at fifty (50) foot intervals on the centerline and at a point
twenty-five (25) feet from the proposed street right-of-way on a line
drawn perpendicular to each station along the centerlines of all roads.
These street profiles shall be drawn at a horizontal and vertical
scale of one (1) inch equals twenty (20) feet or as required by the
Director of Public Works. Such profiles shall be prepared by an engineer
licensed and registered to practice in the State of Missouri.
[CC 1970 App. B §6.5; 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 §6.6; Ord. No. 5765 §1, 6-24-2003]
A.
All
applications for major 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 major 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 415.430 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 date, 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 415.470 below.
G.
The
Plan Commission shall not accept any plat and application that does
not contain all required information for review. The major 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 major subdivision.
[CC 1970 App. B §6.7; Ord. No. 5765 §1, 6-24-2003]
A.
The
Plan Commission shall hear all applications for major 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 major 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 major subdivision plat.
[CC 1970 App. B §6.8; 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 major 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 §6.9; Ord. No. 5765 §1, 6-24-2003]
A.
The
applicant will be required to deposit cash or post an escrow agreement
to guarantee the construction, completion and installation of the
public or common improvements shown on the approved subdivision plat
within a specified time period approved by the Director of Public
Works, which shall not exceed three (3) years. No surety shall be
eligible to provide the escrow agreement required herein, unless approved
in advance by the City and the City Attorney on such terms and criteria
as may be established by the City and the City Attorney. Deposit agreements
shall provide that there shall be deposited with the City of Clayton:
1.
A cash amount not less than the project engineer's estimate, as approved
by the Director of Public Works, of the cost of the construction,
completion and installation of the public or common improvements indicated
on approved subdivision plans; or
2.
The escrow agreement shall be approved by the Director of Public
Works and City Attorney and shall be issued by a surety company qualified
to do business in Missouri and shall insure or guarantee, to the extent
of the project engineer's estimate, as approved by the Director of
Public Works, of the cost of construction, completion and installation
of the public or common improvements indicated on the approved subdivision
plans.
B.
The
deposit agreement shall be held by the City of Clayton and remain
in effect until such time as the Director of Public Works shall release
the cash or release the bond. Such releases may be in part and may
occur from time to time as work on constructing improvements is performed,
provided however that:
1.
The Director of Public Works shall release the cash or release the
surety from all or any part of its obligation only after construction,
completion and installation of some phase of work on the improvements
indicated on the approved subdivision plat, receipt of requisite written
notification from the appropriate inspecting public authority and
approval by the Department of Public Works. In order to accommodate
the development process while protecting the public from deficient
and uncompleted improvements, the City of Clayton will initiate releases
upon written request to approve improvements when practical. Such
a written request shall be in such form as required by the Director
of Public Works and shall not be made until the improvements are susceptible
of inspection and approval in accordance with standards established
by the Director of Public Works (i.e., concrete work has reached final
cure, street lights have been activated, etc.).
2.
If, at the end of the specified time period, all the improvements
shown on the approved subdivision plans have not been completed, the
Director of Public Works may extend the improvement completion period
for a period of up to two (2) years if after review by the Department
of Public Works such longer period is deemed necessary to facilitate
adequate and coordinated provisions for transportation, water, sewerage,
schools, parks, playgrounds or other public improvements, facilities
or requirements so long as all guarantees are extended and approved
by the City Attorney.
3.
The Director of Public Works shall not release more than ninety-five
percent (95%) of the sum estimated for the construction cost of all
guaranteed improvements. The developer continues to be responsible
for defects, deficiencies and damage to all guaranteed improvements
during development. Upon final acceptance of the guaranteed improvements,
the remaining five percent (5%) of the original construction cost
estimate thereof shall be released.
C.
The
obligation of the developer to construct, complete and install the
improvements indicated on the approved subdivision plans and provide
for street maintenance shall not cease until the developer shall be
finally released by the Director of Public Works. After the initial
improvement completion period, or after a later period as extended
pursuant to this Section, the improvements indicated on the approved
subdivision plans are not constructed, completed, installed and accepted
or if the developer shall violate any provision of the deposit agreement
as determined by the Director of Public Works, the Director shall
notify the developer and surety provider to show cause within not
less than ten (10) days why the developer should not be declared in
default. If the developer or surety provider fails to cure any default
or present compelling reason why no default should be declared, the
Director of Public Works shall declare the developer in default and
may take any one (1) or more of the following acts:
1.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be then placed in an appropriate trust
and agency account for such purposes as letting contracts to bring
about the completion of the improvements indicated on the approved
subdivision plans or other appropriate purposes in the interest of
the public safety, health and welfare; or
2.
Require the surety to perform on the bond and pay to the City of
Clayton the balance of the bond not theretofore released; or
3.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion of the improvements indicated on the approved
subdivision plans after recalculation in order to allow for any inflated
or increased costs of constructing improvements.
D.
If
the surety fails to comply with the Director of Public Works' requirements
above or if the Director of Public Works determines that forfeiture
of the remaining deposit or surety balance will not allow completion
of the required improvements and if the developer fails to comply
with the Director's requirements as listed above, the Director of
Public Works may:
1.
Suspend the right of anyone to build or construct on the undeveloped
portion of the subdivision. For the purpose of this Subsection, the "undeveloped portion of the subdivision" means all lots
other than lots which have been sold for personal use and occupancy
or are under bona fide contract for sale to any person for personal
use or occupancy. The Director of Public Works shall give the developer
ten (10) days' written notice of an order under this Subsection, with
copies to all issuers of sureties, as appropriate, who have outstanding
obligations for any undeveloped portion of the subdivision and shall
record an affidavit of such notice with the Recorder of Deeds. If,
within the ten (10) day period after notice is given, the Director
of Public Works is not convinced by compelling evidence that completion
of the improvements is adequately assured and maintenance of streets
assured as provided herein, the Director shall order construction
suspended on the undeveloped portion of the subdivision. The order
shall be served upon the developer, with a copy to the issuer of the
surety as appropriate and a copy recorded with the Recorder of Deeds.
Public notice of said order shall be conspicuously and prominently
posted at the subdivision site. The suspension may be rescinded in
whole or in part only when the Director is convinced that completion
of the improvements is adequately assured in all or an appropriate
part of the subdivision and a guarantee is provided for.
2.
Suspend the rights of the developer to construct structures in any
development platted after the effective date of such suspension throughout
the City of Clayton. The Director of Public Works shall give the developer
ten (10) days' written notice of an order under this clause, with
a copy to issuers of sureties known to have obligations outstanding
on behalf of the developer or related entities and shall record an
affidavit of such notice with the Recorder of Deeds. If after the
ten (10) day period after notice is given the Director of Public Works
is not convinced by compelling evidence that completion of the improvements
is adequately assured, the Director of Public Works shall order construction
suspended. The order shall be served upon the developer, with a copy
to the issuer of the surety as appropriate and a copy recorded with
the Recorder of Deeds. The suspension shall be rescinded only when
the Director of Public Works is convinced that completion of the improvements
is adequately assured and public street maintenance assured.
E.
If
the surety fails to perform on the agreement or any other party fails
to comply with any provision of this Subdivision Ordinance, the Director
of Public Works may recommend that the City Attorney take appropriate
legal action.
[CC 1970 App. B §6.10; Ord. No. 5765 §1, 6-24-2003]
After the public and common improvements including, but not
limited to, sanitary sewers, storm sewers, sidewalks and pavement
have been constructed and installed, but before the inspecting agencies
recommend final approval or acceptance, the developer shall submit
the required number of as-built drawings and one (1) copy in digital
format of the above improvements to the Department of Public Works.
The digital copy shall be submitted as a CAD file, either AutoCad
or Microstation format with State Plane Coordinate System.
[CC 1970 App. B §6.11; 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 §6.12; Ord. No. 5765 §1, 6-24-2003]
In the event that the Board of Aldermen denies an application
for a major 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 §6.13; Ord. No. 5765 §1, 6-24-2003]
Major 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 major 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 major subdivision plat approval was granted.
