[R.O. 2011 § 405.090; R.O. 2009
§ 154.020; CC 1981 § 25-19; Ord.
No. 3775, 8-7-1970]
B.
Within fifteen (15) days the City Engineer
shall inform the subdivider that the plans and data as submitted and
modified do or do not meet the objectives of these regulations. When
the City Engineer finds the plans and data do not meet the objectives
of these regulations, he/she shall express his/her reasons therefor.
[R.O. 2011 § 405.100; R.O. 2009
§ 154.021; CC 1981 § 25-20; Ord.
No. 3775, 8-7-1970; Ord. No. 87-109, 5-20-1987]
A.
Preparation. On reaching conclusions informally recommended in Section 405.090 above regarding his/her general program and objectives, the subdivider shall cause to be prepared a preliminary plat together with improvement plans and other supplementary material as required in Sections 405.270 through 405.290 of this Chapter.
B.
Filing—Fees. Twenty (20) preliminary plats and one (1) copy of a vicinity sketch of any proposed subdivision shall be filed with the City Clerk for the Council, at least ten (10) days prior to a regularly scheduled Council meeting at which consideration is requested. The subdivider shall pay the fee for filing a preliminary subdivision plat as stated in Section 150.030.
[Ord. No. 22-160, 12-6-2022]
C.
Approval.
1.
Official Recommendations. The City
Clerk shall, forthwith after the filing of the preliminary plat, transmit
copies of the plat for their study and recommendations to the:
2.
Referral. The preliminary plat shall
be referred by the Council to the Zoning Commission for their study
and written recommendation.
3.
Notice Of Action Taken. The Council
shall, within thirty (30) days after receiving the written recommendation
of the Zoning Commission, determine whether the preliminary plat shall
be approved, with modifications or disapproved and shall give notice
to the subdivider in the following manner:
a.
Approval of such preliminary plat
shall be transmitted in writing to the subdivider.
b.
If approved with modifications or
disapproved, the City Clerk shall attach to two (2) copies of the
plat a statement of the reasons for such action and return one (1)
to the subdivider.
c.
In any case, a notation of the action
taken and requisite reasons therefor shall be entered in the records
of the Council.
4.
Effect Of Approval. Approval of the
preliminary plat by the Council shall not constitute final acceptance
of the subdivision by the Council.
5.
Right Of Subdivider After Approval.
Preliminary approval shall confer upon the subdivider the right for
a two-year period from the date of approval, that the terms and conditions
under which the preliminary approval was granted shall not be changed
and that the final plat will be accepted. The final plat shall be
filed not later than two (2) years after the date of approval of the
preliminary plat, otherwise it will be considered void unless an extension
is requested in writing by the subdivider and good cause granted by
Council.
[R.O. 2011 § 405.110; R.O. 2009
§ 154.022; CC 1981 § 25-20; Ord.
No. 87-123, 6-11-1987; Ord. No. 07-162, 6-11-2007]
A.
The purpose of this Section is to provide
a procedure whereby the construction of a display house can begin
prior to the recording of the final subdivision plat. A "display house"
is a single-family house constructed for the purpose of marketing
or promoting the sale of houses or lots in a subdivision.
B.
After approval of a preliminary plat of
a proposed subdivision by the City Council, a display house plat may
be filed for review and approval by the Director of Community Development.
A display house plat shall not be filed later than one (1) year after
approval of the preliminary plat.
C.
The display house plat shall contain no more than one (1) display house for every ten (10) houses proposed, not to exceed ten (10) display houses for the entire preliminary plat. The display house plat shall be superimposed upon the preliminary plat and shall show the location of each display house in relation to proposed lots and streets. A complete outboundary survey of the display house plat shall be shown on the display house plat. The script of the display house plat shall contain terms and conditions as required by the Director of Community Development including, but not limited to, the following provisions set forth in Subsection (D).
D.
The display house plat shall conform to the preliminary plat, this Chapter, Chapter 400, Zoning Code, and any other applicable ordinance of the City and Statutes.
E.
Application for a display house plat shall
be filed on forms provided by the Director. The Director may require
submission of additional information, material and documents necessary
to determine compliance with these regulations. The Director shall
review the application and may submit it for review and comment to
other agencies and departments as the Director deems necessary. The
Director shall, in writing, either approve, with or without conditions
or disapprove the application. If approved and after all conditions
are met, the Director shall sign and furnish a certificate of approval
to the applicant and shall record a copy with the Recorder of Deeds.
In the event the Director does not approve the request, he/she shall
so inform the applicant in writing. The applicant may appeal the decision
to the Mayor within ten (10) days after the disapproval is sent to
the applicant. If the Mayor disapproves the application, the applicant
may appeal to the City Council within ten (10) days after the disapproval.
F.
No building permit shall be issued for a display house until the display house plat has been approved by the Director of Community Development. Prior to the issuance of the building permit for a display house, the improvements required by Sections 405.230 through 405.250 which are needed for service to the display house shall be constructed. In lieu of the completion of the improvements, a bond executed by a surety company, based on an estimate by the City Engineer, shall be furnished by the subdivider in an amount equal to a percent of the cost of construction of the improvements, using the same percentage as required in Section 405.220. The surety will be subject to the condition that the improvements will be completed within twelve (12) months after approval of the display house plat. The bond shall also cover the same percentage of the cost to remove or demolish the display houses in accordance with Subsection (K) below. As alternatives to the surety bond, the subdivider may deposit a cashier's check with, and payable to, the City Treasurer or may deposit the amounts required above in an escrow account, the terms of which must be approved by the City. Deposited amounts shall be refunded to the subdivider at the time the final plat is approved, unless the subdivider is at that time in violation of the time limits imposed by this Subsection or Subsection (K) below.
G.
The Director of Community Development's
approval shall expire and the building permits shall be null and void
for all display houses upon which construction has not begun within
ninety (90) days after the approval of the display house plat.
H.
Neither the display houses nor any part
of the proposed subdivision may be sold or otherwise conveyed until
each display house is on an approved lot of record. Occupancy permits
shall not be issued for display houses until each display house is
on an approved lot of record. An "approved lot of record" is a lot
shown on a final plat which has been approved and recorded as required
by this Chapter.
I.
Nothing contained in this Section shall
prohibit the sale or conveyance, as a whole unit, of the entire tract
of land described in the preliminary plat, if otherwise permitted
under this Code of Ordinances and any other applicable ordinance of
the City.
J.
The display house plat shall become null
and void:
K.
If a display house is not located upon
a lot of record when the display house plat becomes null and void,
then the display house shall be removed or demolished by the owner
within sixty (60) days.
[R.O. 2011 § 405.120; R.O. 2009
§ 154.023; CC 1981 § 25-24; Ord.
No. 3775, 8-7-1970; Ord. No. 00-38, 2-4-2000]
A.
Scope. The final plat shall have incorporated
all changes or modifications required by the Council, otherwise it
shall conform to the preliminary plat and if desired by the subdivider
it may constitute only that portion of the approved preliminary plat
which the subdivider proposed to record and develop at that time;
provided that such portion conforms with all the requirements of this
Chapter.
B.
Filing Of Final Plat. After receiving notice of the action of the Council approving the preliminary plat, the subdivider shall file with the City Clerk for the Council twenty (20) copies of the final plat and four (4) complete sets of the exhibits as required in Sections 405.270 through 405.290 at least ten (10) working days prior to the meeting at which it is to be considered.
C.
Approval.
1.
Official Recommendations.
a.
Submitted To City Engineer. Four
(4) complete sets of cross sections, profiles, topographical maps
and detailed construction drawings shall be submitted to the City
Engineer by the City Clerk for his/her study and recommendation. The
City Engineer shall submit a written report to the Council of his/her
study and recommendations prior to consideration of approval of the
final plat.
b.
Transmitted To Other Officials. The
City Clerk shall, within seven (7) days after the filing of the final
plat, transmit copies of the plat for their records, study and recommendation
to the:
c.
Final Tracing. After receiving a written report, if any, from each City Official or agency of the City in Subsection (C)(1)(b) above, the Council shall notify the subdivider of any required changes so that the subdivider may correct the final tracing and submit same for final approval. The final plat, in the form of final tracing, shall then be resubmitted at least ten (10) working days prior to the meeting at which the plat is to be considered by the Council.
d.
Notice Of Action Taken. The Council
shall act on the final plat within thirty (30) days after filing,
unless such time is extended by the Council. The Council shall determine
whether the final plat shall be approved or disapproved and shall
give notice to the subdivider in the following manner:
(1)
If approved, the plat
shall have endorsed upon it the approval of the City Council under
the hand of the City Clerk and the official Seal of the City.
(2)
If disapproved, the
City Clerk shall attach to the plat a statement of the reasons for
such action as recorded in the minutes of the Council and return it
to the subdivider.
(3)
In any case, a notation
of the action taken and the requisite reasons therefor shall be entered
in the records of the Council.
e.
Recording. The City Clerk shall cause
the final plat to be filed in the office of the Recorder of Deeds
and the subdivider shall pay the recording fees.
f.
Prior to recording of the approved
final plat, a digital media copy of any record plat prepared using
computer assistance shall be submitted in a computer readable format
approved by the City Engineer to the Public Works Department. In addition,
the subdivider, at its expense, shall, immediately upon recording,
furnish the City Clerk with one (1) black or blue line print of the
final plat.
[R.O. 2011 § 405.120; R.O. 2009
§ 154.024; Ord. No. 96-149, 5-22-1996]
A.
Revisions Of Plat After Approval. Except
as permitted in this Section, no changes, erasures, modifications
or revisions shall be made in any plat of a subdivision after approval
has been given by the Council and endorsed in writing on the plat,
unless the plat is first resubmitted to the Council.
B.
Easements And Mathematical Corrections.
The Director of Public Works shall have the authority to grant adjustments
in location of easements and to make mathematical corrections.
C.
Boundary Adjustments And Other Revisions.
1.
Purpose. The purpose of this Subsection
is to allow adjustments to be made to lot lines of platted lots or
other lawful parcels for the purpose of adjusting the sizes of building
sites; however, it is not intended that extensive replatting be accomplished
by use of this Subsection.
2.
Criteria. Boundary adjustments must
meet the following criteria:
3.
Procedure.
a.
A boundary adjustment shall be accomplished
by a plat depicting the boundaries of the original lots and of the
adjusted lots.
b.
The boundary adjustment plat shall
be filed with the Director of Community Development and the City Engineer
for their review. If found to be in compliance with this and any other
applicable Sections, the boundary adjustment plat shall have endorsed
upon it the approval of the Director of Community Development and
the City Engineer and shall be certified by the City Clerk with the
official Seal of the City. The boundary adjustment plat shall then
be forwarded to the office of the City Clerk for recording.
c.
The City Clerk shall cause the boundary
adjustment plat to be recorded in the office of the St. Charles County
Recorder of Deeds and the property owner shall pay any recording fees.
A copy of the recorded boundary adjustment plat shall be returned
to the Director of Community Development.
