[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-129 §1, 8-29-2005]
A.
No
plat for subdivision of land in the unincorporated areas of St. Charles
County shall be deemed approved unless and until it is voted on by
the Planning and Zoning Commission. If, however, such plat be amended
or rejected by the Planning and Zoning Commission, or if the Council
or Board of Trustees of any municipality files with the St. Charles
County Registrar a certified copy of a resolution of such Council
or Board protesting against the action of the Planning and Zoning
Commission approving any such plat of any land lying within one and
one-half (1½) miles of the limits of the incorporated area
of such municipality, or as prescribed by the State Statutes, such
approval shall be deemed overruled, and such plat must then be approved
by an ordinance with approval of five (5) members of the County Council,
and the reasons for the approval or failure to approve such plat shall
be spread upon the records of the Governing Body and certified to
the Planning and Zoning Commission.
B.
All
plans, plats, or replats of land hereafter laid out in building lots
and the streets or other portions of the same intended to be dedicated
for public use, or for the use of purchasers or owners of the lots
fronting thereon or adjacent thereto, and plans and descriptions of
all streets or public ways intended to be deeded or dedicated for
public use, or for the use of purchasers or owners of the land fronting
thereon or adjacent thereto, which is not intended to be platted into
lots or other designated tracts, shall be submitted to the Planning
and Zoning Commission for their consideration and their recommendation,
and shall then be submitted to the Governing Body or Director of the
Division of Planning and Zoning for their official consideration and
action, and no such plat or replat or dedication or deed or street
or public way shall be filed with the County Recorder of Deeds as
provided by law until such plat or replat or dedication or deed shall
have been endorsed thereon, approved by the Planning and Zoning Commission
and by the Governing Body or Director of the Division of Planning
and Zoning. If the Planning and Zoning Commission does not act on
the plat within forty-five (45) days of initial review by the Commission,
it shall be deemed approved and the Commission shall certify such
facts upon the plat. In all approvals by inaction, the matter shall
require an affirmative vote of the majority of the County Council.
In the case of disapproval, the Commission shall inform the applicant
of the reasons for its actions in writing within five (5) business
days. In the case of an approval, the Director of the Division of
Planning and Zoning shall endorse thereon the plan as approved by
the Planning and Zoning Commission.
C.
Replats Involving Resubdivision Of Lots—Subdivision Covenants,
Indentures Or Restrictions To Be Considered.
1.
Any replat involving resubdivision of lots in subdivisions previously
recorded in the records of the County Recorder of Deeds submitted
to the Planning and Zoning Commission for consideration and recommendation
shall be accompanied by a certified copy of recorded subdivision covenants,
indentures or restrictions, if any. If there are no such restrictions,
the applicant shall so state in writing and shall make such representation
a part of the application for resubdivision.
2.
The Planning and Zoning Commission, the Governing Body or Director
of the Division of Planning and Zoning may take into consideration
the limitations on the resubdivision which are imposed in duly authorized
and binding subdivision covenants, indentures or restrictions, if
any.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code. For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(98), 10-1-2003; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 20-031, 3-30-2020[1]]
A.
Instances
When Plats Will Not Be Required. No plat is required in any of the
following instances:
1.
The sale or exchange of existing parcels of land between owners of
adjoining and contiguous land, provided that no illegal zoning lot
is created, when not within recorded subdivisions.
2.
The conveyance of parcels of land or interests therein for use as
a right-of-way for railroads, or other public utility facilities and
pipelines which do not involve any new streets or easements of access.
3.
The conveyance of land for highway or other public purposes or grants
or conveyance relating to the vacation of land impressed with a public
use.
4.
Conveyances made to correct description of prior conveyances.
B.
Exceptions
From Subdivision Requirements For Minor Subdivisions. Minor Subdivisions
shall be exempt from Chapter 410 OSCCMo., Subdivision Requirements,
except as provided in Section 410.105, OSCCMo.
[1]
Editor's Note: Ord. No. 20-031 also changed the title of this
Section from "Instances When Plats Will Not Be Required" to "Exemptions
From Requirements Of Chapter 410 OSCCMO."
[Ord. No. 99-99 §1, 7-12-1999]
Land unsuitable for subdivision development due to drainage,
flood hazard area, jurisdictional wetlands, hillside area, rock formation,
or any other conditions constituting significant danger to health,
life, and/or property, shall not be approved for subdivision development,
unless the subdivider presents evidence or data satisfactory to the
Commission establishing that the methods proposed to meet any such
conditions are adequate to protect health, life, and/or property.
[Ord. No. 99-99 §1, 7-12-1999]
At the option of the Director of the Division of Planning and
Zoning and/or the Planning and Zoning Commission, proposed plats may
be submitted to various agencies for review and comment. The applicant
or their representative shall be informed of the comments thirteen
(13) days prior to the meeting.
