[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; Ord. No. 13-178 § 2, 9-24-2013; Ord. No. 25-005, 1-7-2025]
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.
The Department of Engineering or the Department of Public Works of the City of St. Charles.
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 Engineering or the Director of the Department of Public Works of the City of St. Charles or his or her designee.
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 § 405.070; 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.