[R.O. 2011 § 405.010; R.O. 2009
§ 154.001; CC 1981 § 25-1; Ord.
No. 3775, 8-7-1970]
This Chapter shall be known and may
be cited as the "Subdivision Ordinance of the City of St. Charles,
Missouri."
[R.O. 2011 § 405.020; R.O. 2009
§ 154.002; CC 1981 § 25-2; Ord.
No. 3775, 8-7-1970]
In their interpretation and application,
the provisions of this Chapter shall be held to the minimum requirements
adopted for the protection of the public health, safety and welfare.
To protect the public, among other purposes, such provisions are intended
to provide for permanently wholesome community environment, adequate
municipal services and safe streets.
[R.O. 2011 § 405.030; R.O. 2009
§ 154.003; CC 1981 § 25-3; Ord.
No. 3775, 8-7-1970 ; Ord. No. 75-68, 11-19-1975; Ord. No. 90-6, 1-3-1990]
The provisions of this Chapter shall
not apply to any lot or lots forming a part of a subdivision created
and recorded prior to the effective date of this Chapter, unless such
lot or lots shall be resubdivided after the effective date of this
Chapter. Where this Chapter imposes a greater restriction upon land
than is imposed or required by existing provisions of law, ordinance,
contract or deed, the provisions of this Chapter shall control.
[R.O. 2011 § 405.040; R.O. 2009
§ 154.004; CC 1981 § 25-4; Ord.
No. 3775, 8-7-1970]
In accordance with Chapter 89, RSMo.,
and supplements thereto, a majority of all members elected to the
Council shall be the Approving Authority. The provisions of this Chapter
shall be administered by the City Engineer.
[R.O. 2011 § 405.050; R.O. 2009
§ 154.005; CC 1981 § 25-5; Ord.
No. 3775, 8-7-1970; Ord. No. 90-6, 1-3-1990; Ord. No. 09-179, 10-2-2009]
For the purposes of this Chapter,
the following terms, phrases, words and their derivation shall have
the meaning given herein. When not consistent with the context, words
used in the present tense include the future, words in the plural
number include the singular number and words in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory.
The map established by the Council showing the streets, highways
and parks theretofore laid out, adopted and established by law and
any amendments thereto adopted by the Council or additions thereto
resulting from the approval of subdivision plats by the Council and
the subsequent filing of such approved plats.
A Comprehensive Plan prepared by the Planning and Zoning
Commission which indicates the locations for the various functional
classes of public works, places and structures and for the general
physical development of the City and includes any amendment to such
plan or parts thereof.
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land or the act of
building structures or installing site improvements.
The Director of the Department of Public Works of the City
of St. Charles or his or her designee.
[Ord. No. 13-178 § 2, 9-24-2013]
The final map, drawing or chart on which the subdivider's
plan or subdivision is presented to the City Council for approval
and which, if approved, will be submitted to the office of the County
Recorder of Deeds for recording.
A parcel or portion of land in a subdivision or plat of land,
separated from other parcels or portions by description as on a subdivision
or record of survey map or by metes and bounds for the purpose of
sale or lease to, or separate use of, another.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity having sufficient proprietary
interest in the land sought to be subdivided to commence and maintain
proceedings to subdivide the same under this Chapter.
The preliminary map, drawing or chart indicating the proposed
layout and improvements of the subdivision.
Street is a strip of land including the entire right-of-way,
intended primarily as a means of vehicular and pedestrian travel which
may also be used to provide space for sewers, public utilities and
sidewalks.
ALLEY: A minor way which is used
primarily for vehicular service access to the back or the side of
properties otherwise abutting on a street.
ARTERIAL STREET: A fast or heavy
traffic street of considerable continuity and used primarily as a
traffic artery for intercommunication among large areas.
COLLECTOR STREET: A street which
carries traffic from minor streets to arterial streets including the
principal entrance streets of residential development and streets
for circulation within such a development.
CUL-DE-SAC or DEAD-END STREET: A
minor street with only one (1) outlet.
MARGINAL ACCESS STREET: A minor street
which is parallel and adjacent to arterial streets and which provides
access to abutting properties and protection from through traffic.
RESIDENTIAL STREET: A minor street
primarily used for access to the abutting properties.
Any individual, firm, association, syndicate, co-partnership,
corporation, trust or any other legal entity commencing proceedings
under this Chapter to effect a subdivision of land hereunder for itself
or for another.
The division of a parcel of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development
or, if a new street is involved, any division of a parcel of land.
A division of land which may be ordered or approved by a court or
effected by testamentary or intestate provisions shall not be deemed
a subdivision. The term includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided.
The Planning and Zoning Commission of the City.
[R.O. 2011 § 405.060; R.O. 2009
§ 154.006; CC 1981 § 25-6; Ord.
No. 3775, 8-7-1970]
No person shall subdivide any tract
of land which is located within the City except in conformity with
the provisions of this Chapter.
[R.O. 2011 § 405.070; R.O. 2009
§ 154.007; CC 1981 § 25-7; Ord.
No. 3775, 8-7-1970; Ord. No. 96-149, 5-22-1996]
A.
Recording Of Plat. No plat of any subdivision
shall be entitled to record in the office of the Recorder of Deeds
or have any validity until it shall have been approved in the manner
prescribed herein. In the event any such unapproved plat is recorded,
it shall be considered invalid and the City Council shall institute
proceedings to have the plat stricken from the records of the County.
B.
Sale Of Land In Subdivision. No owner of
any land located within a subdivision shall transfer, sell, agree
to sell or negotiate to sell any land by reference to, exhibition
of or by the use of a plan or plat of a subdivision before such plan
or plat has been approved and recorded in the manner prescribed therein.
The description of such lot or parcel by metes and bounds in the instruments
of transfer or other documents used in the process of selling or transferring
shall not exempt the transaction from the provisions of this Chapter.
C.
Permits.
1.
The Building Commissioner shall not
issue building permits for any structure on a lot in a subdivision
for which a plat has not been approved and recorded in the manner
prescribed herein.
2.
The Building Commissioner shall not
issue a permit for the installation of wells and septic tanks upon
any lot in a subdivision for which a plat has not been approved and
recorded in the manner prescribed herein.
[R.O. 2011 § 405.080; R.O. 2009
§ 154.008; CC 1981 § 25-93; Ord.
No. 3775, 8-7-1970; Ord. No. 73-38, 6-20-1973]
It shall be the duty of the City
Engineer or any assistant or inspector working under his/her direction
to enforce the provisions of this Chapter. The City Engineer is hereby
authorized and directed to institute any appropriate accommodation
or proceedings to prevent violations of this Chapter.
