City of Town And Country, MO Article IV Subdivision Review and Approval Process

Section 410.140 General Procedures.

[Ord. No. 975, 3-10-1986; Ord. No. 1346 §1(21.03-A), 11-13-1989; Ord. No. 2428 §1, 2-16-2000]

A. In seeking to subdivide or resubdivide any tract of land within the City, the owner or his/her authorized agent, hereafter referred to as the subdivider, shall follow the procedure relating to a preliminary plat, improvement plans and record plat.

B. Copies of the City's Zoning and Subdivision Ordinances and any supplemental pertinent documents should be obtained from the City Clerk's office.

C. If the subdivider seeks to record his/her subdivision in stages, the following procedure shall be followed:

1. The subdivision review and approval process shall apply for each record plat intended to be recorded.

2. The preliminary plat shall cover the entire tract of land intended to be subdivided.

3. Each record plat shall conform with its corresponding section on the preliminary plat approved by the Commission. Any substantial deviation shall require the submission of a new preliminary plat.

4. Only those improvements required to service the lots to be recorded need be installed prior to the record plat being approved by the City; alternatively, in lieu of said improvement installation, a bond or escrow agreement approved by the City may be posted to guarantee improvement installation and maintenance of improvements to lots indicated on any record plat.

D. Any documents requiring City review and approval shall be filed with the City in a timely manner as may be required by the rules of the Commission or Board responsible for such review and approval, but in no event shall the documents be filed less than fifteen (15) days before the scheduled meeting at which they are to be reviewed.

E. The procedures set forth herein with respect to preliminary plats and record plats shall be observed in connection with any subdivision, including large lot subdivisions.

Section 410.150 Preliminary Plat.

[Ord. No. 1346 §1(21.03-B), 11-13-1989; Ord. No. 2428 §2, 2-16-2000; Ord. No. 3077 §4, 10-24-2005]

A. Submission Requirements. The preliminary plat shall be drawn at a scale not to exceed one (1) inch to one hundred (100) feet on an exhibit approximately twenty-four (24) inches by thirty-six (36) inches and shall contain the following information:

1. North point, scale and date.

2. Legal description of property in the proposed subdivision.

3. Boundaries of the proposed subdivision.

4. Name of proposed subdivision.

5. Area of tract.

6. Lot layout.

7. Existing and proposed streets, including width of right-of-way.

8. Names of existing and proposed streets and notation that proposed streets are to be dedicated either as private or public streets.

9. Grades of streets and general explanation of grading plan.

10. Zoning district, school district, fire district and any other legally established districts.

11. Sufficient contour data, with intervals of five (5) feet or less, to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred fifty (150) feet beyond the limits of the subdivision boundaries. U.S.G.S. datum shall be the governing elevation reference.

12. Location of any portion of the property which lies within the 100-year to 500-year floodplain.

13. Location of existing watercourses, sink holes, and areas within the tract subject to inundation by stormwater.

14. Method of sewage disposal, including location of existing sanitary sewer improvements within tract or adjacent thereto, showing size.

15. Location and size of existing and proposed stormwater improvements within tract or adjacent to it.

16. Existing protective covenants.

17. Easements of record.

18. Proposed easements to accommodate sanitary sewers, storm sewers, stormwater improvements and underground construction.

19. Tree masses.

20. Existing buildings or structures.

21. Building and setback lines.

22. Proposed land use for all lots proposed if for other than a single-family dwelling.

23. Areas designated for open space, detention or common recreational land as required by the Zoning Code or the subdivision regulations.

24. All ravines, floodplains, young woodlands, mature woodlands and drainageways.

B. Submission And Review Procedure.

1. Processing cost deposit.

a. A processing cost deposit, in the amount of two thousand dollars ($2,000.00), shall be paid into the City at the time the preliminary plat is filed in the City Planner's office. Processing and all other actions related to the subdivision shall not proceed until the deposit is paid in full. The deposit is for the purpose of providing funds for professional and administrative costs incidental to the processing of plats. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any given plat, according to the subdivision review and approval process as set out in this Section, shall be paid for out of the said deposited amount. Said costs or expenses incurred by the City, to be deducted from the said deposit, shall be determined by the Finance Director from specific billings submitted to the City by the City Attorney, the City's Planning Department and any other consulting professionals.

[Ord. No. 4417, 1-25-2021]

b. If at any time during the processing of the subdivision application it appears that the processing cost deposit is insufficient to reimburse the City for all such expenses incurred or to be incurred, the City Clerk shall present to the subdivider a listing of all actual and anticipated costs or expenses and shall notify the subdivider of any additional cost assessment necessary for the completion of the subdivision process. The subdivider shall remit the additional amount to the City within ten (10) days of the date of the City Clerk's notice, or within such additional time as may be allowed by the Chairman of the Planning and Zoning Commission. Processing and all other actions related to the subdivision, including final determination or disposition, shall not proceed until such additional cost assessment is paid in full. Failure to remit the additional cost assessment shall be grounds for denial of the preliminary plat by the Planning and Zoning Commission.

c. Within thirty (30) days from the final determination or disposition by the City of any subdivision plat, at whatever stage that may occur, the City Clerk shall present to the subdivider a listing of all deposits, costs and expenses. Any portion of said deposited monies not expended or budgeted for expenditures shall be returned to the subdivider at that time; provided, however, that the City shall in any event retain a minimum amount of two hundred fifty dollars ($250.00) from said processing cost deposit. Conversely, if the processing cost deposit is insufficient to reimburse the City for incurred expenses, the subdivider, within ten (10) days of receipt of the City Clerk's accounting, shall remit additional funds for complete reimbursement of the City's processing costs.

d. The deposit required herein shall be separate from, and is not intended to include, any building or improvement or any other permit fees or any escrow monitoring fees.

2. Department review and notice.

a. The Planning Director shall determine whether the subdivision application is complete, including the submission of an application, a processing cost deposit, a preliminary plat and any other documents required by the Subdivision Ordinance.

b. If the application is complete the Planning Director shall schedule the application for hearing by the Commission, and the Planning Department shall review the preliminary plat for conformance with the land development standards established by Sections 410.190 and 410.200 of this Code. The Department shall then submit its report, including any recommendations, to the Commission.

c. After a hearing has been scheduled by the Planning Director, the City Clerk, not less than fifteen (15) days prior to the hearing, shall post a notice of the hearing in clear view on the property proposed to be subdivided. Said notice shall state that the Planning and Zoning Commission will be considering a preliminary plat for the subdivision of that particular property, setting forth in general terms the description of the property being considered and the date, time and place of the public hearing. The notice shall also state that all interested persons may examine at City Hall all public documents relating to the subdivision and may appear and be heard at the Commission's hearing concerning the subdivision.

d. In addition to the posting of notice, the City shall at the same time send a copy of such notice by first class mail to all property owners shown by the City's tax records to be located within three hundred (300) feet of the boundaries of the property proposed to be subdivided. The City shall also attempt to notify the trustees of adjoining subdivisions, but the failure to notify said trustees shall not invalidate the notice.

3. Commission review.

a. Within sixty (60) days of submission of a complete application, the Commission shall hold a hearing of record on the preliminary plat and shall approve, deny or approve with conditions. This sixty (60) day period may be extended by the Commission upon the request of the subdivider, or upon the request of the Department with the approval of the subdivider. Any additional filings by the subdivider after the submission of a completed application, including but not limited to an amended plat, shall constitute a request for extension of time by the subdivider. If the Commission refuses to grant a requested extension, or if the subdivider fails to approve an extension sought by the Department, the Commission shall hold a timely hearing and shall approve, deny or approve with conditions the plat on the record then before the Commission. Absent an extension of time, the failure of the Commission to act within sixty (60) days of the submission of a complete application shall be deemed an approval of the application.

b. In any hearing of record to consider a plat, the Municipal Code, the City's Comprehensive Plan and land use map, the City's file on the proposed plat, all staff reports, and minutes of all Commission meetings during which the plat was considered shall all be deemed part of the record.

c. When the preliminary plat and other materials on file with the Commission fail to conform with the land development standards established by Sections 410.190 and 410.200 of this Code, or when those standards fail to address platted land features which may create a risk of physical injury as provided in Section 410.150(B)(4)(c), the Department or the Commission may request the subdivider to submit supplementary cross-sections, surveys, studies, alignments or other engineering material to be used in analyzing and studying the proposed subdivision of land.

4. Plat approval.

a. If the Commission finds that the preliminary plat conforms with the land development standards established by Sections 410.190 and 410.200 of this Code, the Commission shall approve the plat.

b. If the Commission finds that the preliminary plat does not conform with the land development standards established by Sections 410.190 and 410.200 of this Code, the Commission may approve the plat on such conditions or contingencies which would either bring the plat into compliance with said standards or which would require a variance from such standards.

c. If the Commission finds that the land development standards included in Sections 410.190 and 410.200 of this Code fail to address platted land features which create a risk of physical injury to present or future inhabitants of the proposed, adjoining or otherwise affected subdivision, or to other inhabitants of the City or the general public, the Commission may approve the plat only on such conditions or contingencies that would resolve the risk created by the unsuitable land condition.

5. Effect of plat approval.

a. Conditional approval of the preliminary plat authorizes the subdivider to prepare subdivision improvement plans.

b. One (1) copy of each approved preliminary plat shall be retained by the City and one (1) copy shall be given to the subdivider. Both copies shall be signed indicating the City's approval.

c. The approval of a preliminary plat by the Commission does not constitute or effect any acceptance by the City of the dedication to public use of any street or the ground shown upon the plat.

d. The approval of the preliminary plat shall be effective for one (1) year, unless the subdivider has proceeded with completing additional steps in the City's subdivision procedure, after which it shall be deemed void. Any resubmittal of an expired preliminary plat shall be accompanied by a second (2nd) application and filing fee.

e. The record plat shall be submitted to the Board within one (1) year after approval of the preliminary plat by the Commission. The Board may, in its discretion, grant an extension of time for submitting the record plat to the Board, up to a maximum of six (6) months. More than one (1) extension of time may be granted by the Board. Failure to submit the record plat to the Board within the time prescribed herein shall void the approval of the preliminary plat.

f. Within sixty (60) days after approval of the final plat by the Board, the subdivider shall record the plat, as approved by the Board, in the office of the Recorder of Deeds, St. Louis County, Missouri. Failure to file the final plat as approved and within the time prescribed herein shall void the approval of the plat.

6. Preliminary plat denial.

a. If the Commission finds that the preliminary plat does not conform with the land development standards established by Sections 410.190 and 410.200 of this Code, and the Commission has not otherwise granted conditional approval pursuant to Section 410.150(B)(4)(b) hereof, the Commission shall deny the plat.

b. The denial of a preliminary plat by the Commission shall be final and not subject to reconsideration. Any refiling of a denied preliminary plat shall be accompanied by another subdivision application, including an additional processing cost deposit. The Commission shall not accept the refiling of a denied preliminary plat for one (1) year from the date of the denial unless the Commission finds that the preliminary plat has been substantially revised to address the original plat's deficiencies or that substantial new facts or change in circumstances warrant reapplication.

7. Commission findings and report. Any determination by the Commission to approve, approve with conditions or deny a preliminary plat shall be made and entered on the record of the Commission. If the Commission conditionally approves a preliminary plat, the Commission's findings and conclusions in support of the conditions imposed shall be reduced to writing and communicated to the subdivider.

Section 410.160 Improvement Plans.

[Ord. No. §1346 §1(21.03-C), 11-13-1989; Ord. No. 2429 §1, 2-16-2000]

A. Improvement plans shall be based on the preliminary plat approved by the Commission. Before improvement plans involving streets in a subdivision are prepared for Planning Commission approval, the engineers responsible to the developer for preparing such street plans are to request and hold a pre-approval conference with the Street Commissioner and/or the consulting City Engineer in order to inform them of the general plans being considered for the streets of the subdivision and to obtain input from them of any special factors to be considered at the site and to become aware of special requirements which may be required as a result of any street plan which may be developed.

B. Submission Requirements. The improvement plans shall be drawn at a scale not to exceed one (1) inch to one hundred (100) feet on an exhibit approximately twenty-four (24) inches by thirty-six (36) inches and shall contain the following information:

1. North arrow, scale and date.

2. Title block showing name and address of subdivider and engineering firm, as well as the engineer's seal.

3. One (1) or more bench marks, in or near the subdivision to which the subdivision is referenced. The identity and elevation shall refer to U.S.G.S. datum.

4. List of standards and specifications followed for items and operations of construction that appear in the improvement plans.

5. Grading plan indicating:

a. Existing and proposed contours as specified in Section 410.150(A)(11) of the Chapter.

b. Grading details conforming to City specifications contained in Section 410.200(5) of this Chapter.

c. Compaction details conforming to City specifications contained in Section 410.200(7) of this Chapter.

d. Details of protective methods to prevent silt and mud damage to off-site streets and properties during construction operation, consistent with provisions contained in Section 410.200(6) in this Chapter.

6. Street plans including:

a. Paving details conforming to City specifications contained in Section 410.200(2) of this Chapter.

b. Details of street showing grading, slopes, width of pavement and cul-de-sacs, typical cross-sections.

7. Street name signs and the proposed subdivision entryway sign, indicating their location and specifications.

8. Sanitary sewer plan indicating:

a. Existing and proposed sanitary sewers.

b. Design and construction specifications conforming to MSD requirements.

9. Storm sewer plan indicating:

a. Existing and proposed storm sewers and structures.

b. Drainage area map delineating both off-site and on-site drainage capacity.

c. Details of detention storage facilities, accompanied by proposed routing procedure and structural design computations.

10. Miscellaneous, to be included when applicable:

a. Details of demolition of existing structures.

b. Details and structural design computations of any special structures required.

c. Details of landscape plan conforming to City specifications contained in Section 410.200 of this Chapter.

d. Lighting plan details.

e. Details of improvements within all open space and common recreational lands.

11. Natural features within and adjacent to the proposed subdivision including natural resources and other drainage channels, bodies of water, wooded areas, and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated, and for all watercourses entering the tract, the approximate drainage area and watershed name above the point of entry shall be noted.

12. Storm drainage analysis showing drainage data for all watercourses or drainageways entering and leaving the plat boundaries. The storm drainage design shall be prepared to demonstrate the proposed system's capability of accommodating a not less than fifty (50) year frequency rainfall of twenty (20) minute duration as required in Chapter 415 of this Title.

13. Designation of any portion of property within the 100-year floodplain, based upon calculations recognized by the Federal Flood Insurance Administration and the City Engineer as the most recent and accurate available from the Army Corps of Engineers.

C. Documents Accompanying Improvement Plans. Improvement plans shall be accompanied by the following documents:

1. Indenture of restrictions to be recorded with or on the record plat.

2. Street numbers obtained from the St. Louis County Revenue Technical Services Department.

3. Written approval of the sanitary and storm sewer systems, indicating approval of plans submitted for review by MSD or the City, whichever is applicable.

4. Copy of contract with St. Louis County Water Company for water service to all lots.

5. Certified statement by the subdivider's engineer of the estimated cost of improvement installation on which the City Engineer has initialed his/her approval. This provision is applicable only if the developer intends to install improvements after the record plat is approved.

6. Certificate or other proof showing all taxes to the last tax paying period have been paid.

7. If the proposed subdivision fronts on a public street, a letter from the public agency shall be submitted to the City stating approval of the proposed access together with any conditions, if any have been stipulated.

D. Submission And Review Procedure.

1. The subdivider shall submit three (3) sets of improvement plans to the City Clerk's office.

a. Sanitary sewer plans shall be reviewed and approved by MSD and such sewers shall be designed, constructed and installed in conformance with MSD regulations.

b. Storm sewers.

(1) All stormwater improvements shall be designed, constructed and installed in conformance with MSD regulations.

(2) All stormwater plans shall be reviewed and approved by the City. However, plans for stormwater facilities on easements dedicated to and maintained by MSD shall be reviewed and approved by MSD.

c. Designated City Officials shall review all other portions of the improvement plans and accompanying documentation for which they are responsible. They shall sign that portion of their plans indicating their approval or disapproval.

d. The department shall report approvals or disapprovals to the Commission.

(1) The Commission shall study the report and recommendation and approve or disapprove the improvement plans together with the accompanying documents.

(2) Commission approval of the improvement plans shall be indicated in writing on all three (3) sets of plans.

(3) Receipt by the subdivider of the signed improvement plans shall be authorization for the subdivider to install the improvements, provided he/she first obtains a site improvement permit from the Director.

(4) Commission approval of the improvement plans shall be effective for two (2) years. No extensions shall be granted without the subdivider resubmitting his/her plans and the required accompanying documents for Commission reapproval. A filing fee of fifty dollars ($50.00) shall be charged for the resubmission.

E. Inspections.

1. General inspections. Periodic inspection by the department shall be made of the subdivision during the planning stages and as construction progresses.

2. Required inspections. A list of the required inspections made by the City shall be prepared by the department and issued together with the improvement permit.

3. The subdivider shall notify the City Clerk not less than forty-eight (48) hours in advance of required inspections that work is ready for inspection.

4. The City Engineer shall make his/her inspections as the official representative of the City and shall promptly report all defects and substandard work or materials to the designated official within the department.

5. The subdivider shall comply with other inspection requirements from any other agency having jurisdiction within the City if any improvement installation is within another agency's jurisdiction.

F. Permits. Prior to the grading and installation of any improvements within a subdivision, a site improvement permit shall be obtained from the Director. The permit shall be issued after the permit fee is paid. The fee shall be based on a charge of one percent (1%) of the estimated cost of improvements to be installed provided the estimated cost is approved by the City Engineer. The fee is charged to cover the City's costs related to the subdivision development. The permit shall be valid for two (2) years. The subdivider may apply for an extension of the permit's duration. A permit extension fee of one hundred fifty dollars ($150.00) shall be charged. The Board shall authorize such extension provided the subdivider has demonstrated valid hardship and unforeseen practical difficulties.

G. Surety Requirements. Prior to the approval of the record plat, after approval of the improvement plans, and after the payment of all the site improvement permit fees, the development of the subdivision shall be guaranteed to the City.

1. By the satisfactory installation of the improvements in accordance with the approved improvement plans. A contract on which there has been full performance by the developer, including but not limited to payment in full, for the installation of public utilities and electric, telephone, water and gas shall be deemed satisfactory completion of such utilities; or

2. By the posting of surety for the benefit of the City in the form of an irrevocable letter of credit, a performance bond, an escrow account, or other guaranty, subject to the approval by the Director and Board of Aldermen and in a form approved by the City Attorney.

a. The Director shall determine the amount to be assured based upon generally accepted industry formulas for the costs of each such improvement. The amount of such surety shall be equal to the total costs of improvements as so determined, less any of such costs attributable to the completed improvements and less the costs of public utilities then under contract on which there has been full performance by the developer, including but not limited to payment in full, with each utility for completion.

b. Upon completion of each category of improvement or utility work for which the developer is seeking a surety release, the developer shall submit to the Director at least three (3) copies of "as built" drawings satisfactory to the Director which show the actual installation of improvements, and, when applicable, certification from the developer's engineer that the stormwater detention system satisfies the City's minimum standards in effect at the time the improvement plans were approved by the City.

c. The Director shall review the "as built" drawings and determine whether each category of the improvements have been completed and, as appropriate, accepted by the utilities. Upon satisfactory completion of each category of the improvements as determined by the Director and the acceptance of such improvements by the utilities (whether storm and sanitary sewers have or have not yet been accepted for maintenance by the Metropolitan Sewer District), a certificate of substantial completion shall be issued by the Director. In the event there is any significant difference between such "as built" drawings and the approved improvement plans, no certificate of substantial completion may be issued until the difference is resolved either by requiring that the improvements be changed to substantially conform to the plans or by the approval of the "as built" improvements by the Planning Commission.

d. Within thirty (30) days of the issuance of a certificate of substantial completion, any surety held by the City for the specified category of improvement shall be released, less five percent (5%) of the surety amounts which shall be retained until a certificate of completion has been issued as provided in Section 410.160(G)(2)(e) hereof. The release shall be effective when the funds are duly posted with the United States Postal Service or other agreed upon delivery service or when the funds are hand delivered to an authorized person or place as specified by the developer.

e. Within sixty (60) days after one (1) year has elapsed since the issuance of a certificate of substantial completion, the Board of Aldermen shall place the matter of final release of the surety on its agenda. Notice of the date of such meeting shall be given by the City Clerk to the principal on the surety agreement and to trustees of and owners of property in the affected subdivision. If the Director and Board of Aldermen shall find that all of the improvements are in satisfactory condition and all utilities have been accepted for maintenance by the appropriate utility, a certificate of completion shall be issued and the surety discharged and released. In the event the improvements are in satisfactory condition, but the sewers have not yet been accepted for maintenance by the Metropolitan Sewer District, the surety shall be released except for those remaining surety amounts which had been established and reserved for the sewers.

f. In the event such certificate of completion cannot be issued as contemplated in Section 410.160(G)(2)(e) above, the developer shall immediately and satisfactorily complete the improvements and utilities. If the developer fails to do so, the City may either draw upon said surety amount being retained for the satisfactory completion of the improvements or bring such legal action as may be necessary to ensure the satisfactory completion of the improvements and utilities.

g. In the event a surety amount is retained as provided in Section 410.160(G)(2)(e) because of the fact that sewers have not yet been accepted, as provided above, such amount shall remain until such sewers have been accepted or until the Board of Aldermen, upon application of the principal, shall release said surety for the reason that it is no longer necessary, practical or desirable to retain such surety.

Section 410.170 Record Plat.

[Ord. No. 889, 4-22-1985; Ord. No. 1346 §1(21.03-D), 11-13-1989]

A. The record plat shall conform to the preliminary plat approved by the Commission.

1. Submission requirements.

a. The record plat shall be shown on tracing cloth or plastic film and drawn at a scale of not to exceed one (1) inch to one hundred (100) feet on an exhibit approximately twenty-four (24) inches by thirty-six (36) inches. The record plat shall be prepared and sealed by a land-surveyor registered in the State of Missouri. Information required on the record plat shall include:

(1) North arrow, scale and date.

(2) Name of subdivision.

(3) The boundary lines of the area being subdivided with accurate distances and bearings; also all sections, U.S. Survey and Congressional Township lines and range lines; the boundary lines of incorporated and unincorporated areas, sewers, school and other legally established districts within or adjoining the subdivided areas.

(4) The lines of all proposed streets with their width and names, as well as the designation that the streets are private or public.

(5) The accurate outlines of any property which is offered for dedication and to whom.

(6) The line of departure of one street from another.

(7) The lines of all adjoining lands and the lines of adjacent streets with their width and names.

(8) All lot lines and an identification system for all lots and blocks.

(9) Building lines and easements for right-of-way provided for public use, services or utilities with figures showing their dimensions.

(10) All dimensions, both linear and angular, necessary for locating boundaries of subdivision lots, streets, easements for building lines, and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.

(11) Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.

(12) All survey monuments and bench marks together with their descriptions.

(13) Area in square feet for each lot on the plat.

(14) All easements, with figures showing their dimensions, unless designated for other specific purposes, conveyed to the trustees of the proposed subdivision, the utility or sewer companies for the purpose of constructing, maintaining and repairing public utilities and sewer and drainage facilities, with the right of temporary use of adjacent ground not occupied by improvements for the excavation and storage of materials during installation, repair or replacement of said utilities, sewer drainage facilities or similar items.

(15) All private streets and common ground conveyed to trustees of the proposed subdivision.

(16) Release by the deed of trust holders of the streets and other easements from the deed of trust.

2. Submission and review procedure. Two (2) copies of the record plat plus the mylar film shall be submitted to the City Planner's office. The record plat shall be examined for approval by the Commission and the Board.

[Ord. No. 4417, 1-25-2021]

a. Planning and Zoning Commission review and approval.

(1) Prior to the Commission reviewing the final plat, the following shall occur:

(a) Improvement plans and accompanying documents required in preceding Section 410.160(C)(1) through (7), are approved by the Commission.

(b) If the improvements were installed, the Director of Public Works has verified that the improvements were installed as per approved improvement plans; and if applicable, the Board has accepted the improvement bond or escrow agreement to guarantee the installation of subdivision improvements.

(c) The Director of Public Works recommends approval of the record plat.

(2) After the conditions outlined in Section 410.170(2)(a)(1) above have been met, the Commission shall review the final plat for conformance with the minimum requirements and standards of the City.

(3) The Commission shall approve or disapprove the plat within sixty (60) days after the submission of the plat to the City.

(4) The Commission shall report to the Board its approval or disapproval. The grounds for any plat disapproval shall be made a matter of record.

(5) The Board may approve any final plat notwithstanding the fact that the Commission recommends disapproval of the plat.

b. Board review and approval.

(1) After the Commission has acted on the record plat and submitted its report to the Board, the matter shall be placed on the agenda of the next Board meeting.

(2) If the Board approves the record plat, the City's Seal shall be affixed to the original tracing of the final plat.

Section 410.180 Building Permits.

[Ord. No. 1346 §1(21.03-E), 11-13-1989]

A. No building permits shall be issued until the subdivider shall have presented to the City Clerk's office a copy of the record plat and the indenture of restrictions, both of which were approved by the City and which shall have imprinted thereon the stamp of the St. Louis County Recorder's office, a surety for the benefit of the City has been posted to guarantee installation and/or maintenance of improvements in accordance with Section 410.160; and either:

1. All improvements have been installed as per City approved plans and the City, when applicable and providing improvements have been installed, has written verification from other authorities having jurisdiction within the City, that they approve and accept for maintenance said improvements, and a surety for the benefit of the City has been posted to guarantee maintenance of all improvements in accordance with Section 410.160; or

2. Installation and maintenance of improvements shall have been guaranteed by a surety for the benefit of the City in accordance with Section 410.160. Should said surety in the form of an escrow agreement or surety bond be about to expire prior to the installation and approval of improvement installation, the City shall notify the subdivider two (2) months in advance of such expiration date either:

a. The City requires installation and approval of said installation prior to the expiration date of the escrow agreement covering such improvement installation; or

b. The City requires that an extension of such agreement be approved prior to the expiration date of the escrow agreement.

B. Should the subdivider fail to comply with Subsections (A)(2)(a) and (b) above, the subdivider shall be in violation of this Chapter, the City may revoke all permits in existence authorizing construction within said subdivision, and no new permits shall be issued until the subdivider complies with provision Subsections (A)(2)(a) and (b) above.