[R.O. 2011 §16.12.010; Prior Code §29-20.1; Ord. No. 6143 §1(part), 1997]
A.
Major
subdivisions require the submittal of a sketch plat and approval of
a preliminary and a final plat in accordance with the provisions of
this Chapter. A major subdivision is a subdivision having any of the
following characteristics:
1.
The subdivision involves the creation of more than four (4) lots;
2.
The total area of the tract to be subdivided is greater than two
(2) acres in size;
3.
There are proposed publicly dedicated streets, alleys, easements,
parks or other public lands; or
4.
Any subdivision of a tract of land for which a rezoning is required
for all or a portion of the tract, including rezoning to a "PD" district.
[R.O. 2011 §16.12.020; Prior Code §29-20.2; Ord. No. 6143 §1(part), 1997]
A minor subdivision is a subdivision that does not have any of the characteristics of a major subdivision as described in Section 405.165. Minor subdivisions are not required to comply with the sketch plat and preliminary plat provisions of this Chapter.
[R.O. 2011 §16.12.030; Prior Code §29-21; Ord. No. 6143 §1(part), 1997]
A.
Creation Of Lots. No lot shall be created, nor property
transferred from one adjoining lot to another, that results in any
lot, and/or the use thereof, failing to comply with the requirements
of the Zoning Code.
B.
Rezoning (Zoning District Map Amendment). When a proposed
subdivision would require that the tract, or portion thereof, be rezoned,
consideration of the preliminary plat and the rezoning petition shall
take place concurrently. The Plan Commission report on the preliminary
plat and the proposed rezoning shall be submitted to the City Council.
In no event shall the Council approve a final plat prior to the Council
adopting an ordinance approving the rezoning of the subject tract
or portion thereof.
[R.O. 2011 §16.12.040; Prior Code §29-30; Ord. No. 6143 §1(part), 1997]
The following provides a brief summary of the steps in applying for and securing approval of any subdivision of land within the City. Subdivisions that qualify as a minor subdivision (see Section 405.170) shall only be required to meet the requirements of the final subdivision plat stage.
Step 1: Sketch plat review (voluntary).
Step 2: Plan Commission work session (voluntary).
Step 3: Preliminary subdivision plat.
Step 4: Improvement plans, guarantees, and trust indenture.
Step 5: Final (record) plat.
[R.O. 2011 §16.12.050; Prior Code §29-31.1; Ord. No. 6143 §1(part), 1997]
Prior to applying for preliminary plat review, the prospective applicant may request a sketch plat review meeting with the Zoning Administrator. If the proposed plat is part of a planned development, this meeting shall satisfy the requirement for the sketch plan meeting for a planned development (see Section 400.810, Article IV of the Zoning Code). The Zoning Administrator may request that other City department representatives attend this meeting. At this meeting, the prospective applicant shall provide general information on the proposed subdivision, including site location, existing site conditions, and a sketch plat of the proposed subdivision. The sketch plat meeting is a voluntary and informal procedure intended to benefit the prospective applicant by allowing for an exchange of ideas and information. No formal approval from the Zoning Administrator or other City staff is required prior to proceeding with the preliminary plat review and approval stage.
[R.O. 2011 §16.12.060; Prior Code §29-31.2; Ord. No. 6143 §1(part), 1997]
A.
The
sketch plat shall be drawn at a scale of not more than one (1) inch
equals two hundred (200) feet. The sketch plat, and any accompanying
documents, shall include the following information, which may be based
on sources other than field survey data:
1.
Name, address and telephone number of the owner of record, applicant
(if different than the owner of record), engineer and/or land surveyor
retained for preparing the plat;
2.
Acreage, existing and proposed (if different) zoning classification
of the tract to be subdivided;
3.
The approximate location of all existing land uses and structures
within the tract proposed to be retained or demolished and all land
uses and structures within one hundred fifty (150) feet of the tract;
4.
Existing and proposed trees or tree masses, including street trees;
5.
Arrangement of all proposed lots and common areas;
6.
Proposed location and width of street right-of-way, street pavement,
alleys, and their relationship to the existing adjacent street system;
7.
Proposed location of private access drives;
8.
Location and size of existing and proposed utility lines and easements;
9.
The generalized drainage scheme, including proposed detention/retention
facilities, showing contour intervals of five (5) feet or less;
10.
A north arrow and scale.
[R.O. 2011 §16.12.070; Prior Code §29-31.3; Ord. No. 6143 §1(part), 1997]
Prior to formal application for preliminary plat review, the
applicant may submit the sketch plat for review at a work session
held with the Plan Commission. This work session is not mandatory,
but is highly encouraged. If the applicant wishes to take advantage
of this work session, then the applicant shall request to be on the
Plan Commission agenda and submit twelve (12) copies of the sketch
plan documents to the Zoning Administrator at least fourteen (14)
calendar days prior to the Commission's next regularly scheduled meeting.
[R.O. 2011 §16.12.080; Prior Code §29-32.1; Ord. No. 6143 §1(part), 1997]
A.
Preliminary Plat Information Requirements. The preliminary
plat shall be drawn at any scale, from one (1) inch equals twenty
(20) feet to one (1) inch equals one hundred (100) feet in any increments
of ten (10) feet, on one (1) or more sheets not less than eight and
one-half (8½) inches by fourteen (14) inches or greater than
thirty-six (36) inches by forty-two (42) inches in size, and shall
also include a north arrow, scale, date, and revision date block on
each sheet. The plat shall contain the following information:
1.
The name of the proposed subdivision which shall be original and
not a duplication of the name of any previously recorded subdivision
or development in St. Louis County;
2.
A vicinity map showing the relationship of the tract to be subdivided
to the surrounding community. The vicinity map shall cover an area
within a radius of one (1) mile of the proposed subdivision at a scale
of one (1) inch equals two thousand (2,000) feet. The map shall generally
locate arterial streets, highways, railroads, and any significant
landmarks which help to locate the subdivision tract;
3.
The approximate area of the tract and the proposed lots therein stated
in the nearest tenth (.1) of an acre;
5.
Sufficient existing and proposed contour data 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. data is required;
6.
Delineation and widths of proposed street, alley, or other rights-of-way,
including radii of curves, culs-de-sac, and any additional rights-of-way
along existing streets as may be required by the City or other public
entity having jurisdiction, indicating all rights-of-way proposed
for dedication to the City or other public entity;
7.
Building setback lines, including side yard, rear yard, or property
line setback associated with each proposed platted lot, in accordance
with the applicable zoning district classification. For detached single-family
or two-family dwelling type lots, building setback lines may be indicated
in a typical lot detail;
8.
Identification and delineation of any buffer areas required by the
Zoning Code;
9.
Identification and delineation of lots, streets, alleys and easements
associated with all adjoining subdivisions, drawn to the same scale
in dashed lines (or half-toned) for a distance of one hundred fifty
(150) feet from the boundaries of tract proposed to be subdivided;
10.
The results of any tests made to ascertain subsurface soil conditions
and water table;
11.
The owners of record of land adjoining the area proposed to be subdivided;
12.
The existing zoning district classification(s) of the tract proposed
to be subdivided and the adjoining properties, and the proposed zoning
of the tract, if different;
13.
Proposed use of each lot within the proposed subdivision;
14.
The location of all existing storm sewer, sanitary sewer, water mains,
gas mains, or other underground utilities within the tract to be subdivided,
and off site where proposed connections to the same are proposed;
15.
Preliminary site drainage system designed in accordance with the
requirements of the MSD and showing any proposed drainage swales,
detention or retention areas, storm sewer pipes, culverts, and any
other storm drainage improvements (including any off-site improvements);
16.
Preliminary layout of the sanitary sewer collection system designed
in accordance with the requirements of MSD and showing pipe sizes,
manhole locations, approximate flow line elevations, lift stations,
and any other pertinent sanitary sewer facilities necessary to service
the development;
17.
The delineation of FEMA designated floodplain and floodway boundaries,
if any;
18.
Any proposed alteration, adjustment or change in the elevation or
topography of any floodplain or floodway as designated on the FEMA
floodplain and floodway maps;
19.
Delineation of plat phases and anticipated time schedule, if the
subdivision is to be constructed in phases;
20.
The location and identification of all existing trees (having a trunk
size of eight (8) inches in diameter or greater, as measured four
and one-half (4½) feet above the ground), indicating which
trees are to be removed and preserved, and the approximate spread
(drip line) of the trees which are to be preserved;
21.
Other significant natural features such as rock outcroppings, sinkholes,
and any other key natural features of the site;
22.
A certification by a registered engineer or land surveyor who prepared
the plat, indicating that the preliminary plat is a correct representation
of all existing and proposed land divisions.
B.
C.
Rezoning. When a proposed subdivision would require that
the tract, or portion thereof, be rezoned, a rezoning petition shall
be inflated by the applicant simultaneously with the application for
preliminary plat approval.
[R.O. 2011 §16.12.090; Prior Code §29-32.2; Ord. No. 6143 §1(part), 1997]
A.
Submission By Applicant. After the sketch plat review meeting, and the Plan Commission work session (if elected by the applicant), the applicant shall submit fifteen (15) copies of the preliminary plat and other information required by Section 405.230 to the Zoning Administrator.
B.
Staff Review.
1.
Completeness of submittal. Upon receipt of preliminary
plat and associated documents, the Zoning Administrator shall review
the documents to determine acceptability for submission. If the Administrator
determines the submittal is complete, then the submittal shall be
date stamped.
2.
Distribution. As soon as practical after acceptance
of the preliminary plat submittal, the Zoning Administrator shall
distribute copies of the preliminary plat to the Director of Community
Development, Director of Public Works and Parks, Fire Chief and other
City staff as appropriate.
3.
Staff review. The Zoning Administrator shall review
the preliminary plat, and solicit comments from other City staff on
said plat, with respect to meeting the requirements of this Chapter,
the Zoning Code, other applicable City regulations, and with respect
to good site planning, both within the tract to be subdivided and
its relation to the surrounding area. The Administrator, with the
input of other City staff, shall identify any deficiencies and site
planning issues. The staff findings shall be submitted to the Plan
Commission.
C.
Plan Commission.
1.
The Plan Commission shall consider the preliminary plat at the meeting
scheduled for review of the subject plat. The Commission shall approve
or disapprove the preliminary plat. A vote of disapproval shall be
accompanied by reasons for such action in the meeting minutes. The
Commission may approve a preliminary plat with conditions to be addressed
and resolved.
2.
The Plan Commission shall take action on the preliminary plat within
sixty (60) days of its consideration of said plat. Otherwise, the
preliminary plat shall be deemed approved by the Commission, except
that the Commission, with the consent of the applicant, may extend
this sixty (60) day period.
[R.O. 2011 §16.12.100; Prior Code §29-32.3; Ord. No. 6143 §1(part), 1997]
A.
Approval
of the preliminary plat by the Plan Commission constitutes authorization
for the applicant to proceed with preparation of the improvement plans
and related documentation.
B.
The
preliminary plat shall be valid for a period of one (1) year from
the date of Plan Commission approval. In the case of phased developments,
the period of validity for the first (1st) phase shall be one (1)
year. Thereafter, application for final plat approval of subsequent
phases shall be submitted to the Zoning Administrator within one (1)
year after recording the previous phase. In no case shall any portion
of a preliminary plat for a phased development be valid for more than
three (3) years.
C.
At
such time the period of validity has expired, the Plan Commission
approval of the preliminary plat shall become null and void. In this
event, a re-submission of the preliminary plat shall be required,
if the applicant intends to pursue final plat approval. The Plan Commission
may grant up to a one (1) year extension from the date that the period
of validity expired. The Commission may deny such extension or reject
the re-application for the same preliminary plat proposal in light
of new facts and circumstances relating to the preliminary plat.
D.
In
the event that preliminary plat approval has expired, and such plat
involved rezoning all or a portion of the property comprising the
subdivision plat, the City may initiate actions to rezone the property
to its original or other appropriate zoning district in accordance
with the procedures and requirements of the Zoning Code (see Article
XIV of the Zoning Code).
[R.O. 2011 §16.12.110; Prior Code §29-32.4; Ord. No. 6143 §1(part), 1997]
The applicant may, at any time, withdraw a preliminary plat
from consideration. Said withdrawal shall be made in writing to the
Zoning Administrator or in a public meeting before the Plan Commission
or the City Council. If the applicant desires to resubmit said plat,
or modified version thereof, at a later date, then the entire review
and approval procedure required by this Chapter shall apply. Withdrawal
of an application for preliminary plat approval shall not entitle
the applicant to a refund of any required fees, nor shall any fees
paid be credited to a future application for preliminary plat approval.
[R.O. 2011 §16.12.120; Prior Code §29-33.1; Ord. No. 6143 §1(part), 1997]
It shall be the applicant's responsibility to obtain any required
approvals from public agencies and utility companies having jurisdiction
or authority (e.g., MoDOT, St Louis County Department of Highways
and Traffic, MSD, Missouri Department of Natural Resources and the
U.S. Army Corps of Engineers).
[R.O. 2011 §16.12.130; Prior Code §29-33.2; Ord. No. 6143 §1(part), 1997]
A.
Preparation Of Plans. All engineering-related plans and
specifications shall be prepared, signed and sealed by a registered
professional engineer. Landscape plans shall be prepared by a person
with a degree in landscape architecture.
B.
Improvement Plan Drawings. Except as otherwise required
herein, the improvement plans shall be drawn at any scale from one
(1) inch equals twenty (20) feet to one (1) inch equals one hundred
(100) feet in any increments of ten (10) feet, on one (1) or more
sheets not greater than thirty-two (32) inches by forty-two (42) inches
in size which shall include a north arrow, scale, date, and revision
date block on each sheet.
C.
The
improvement plans shall contain the following information:
1.
Title page and index. The title page shall include
the proposed name of the subdivision and show the name, address and
telephone number of the developer and the engineering/landscape design
firm(s) who prepared the plans. If the set of improvement plans contains
more than five (5) sheets, not including the title sheet, then an
index sheet shall also be provided.
2.
Key map. If the subdivision is to be built in phases,
the improvement plans shall provide a key map of the tract showing
the general layout of the entire subdivision which the applicable
phase highlighted.
3.
Street and utility plans.
a.
General. All plans shall show existing topographic
features, including, but not limited to, pavements, curbs and gutters,
buildings, and trees to be preserved (size of trunk and approximate
spread).
b.
Plans and profiles. Plans and profiles for streets,
sanitary sewers, and storm sewers shall be drawn at a scale of one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical, or as otherwise approved by the Zoning Administrator.
c.
Streets and sidewalks. Typical street cross sections
shall be shown with complete dimensions and construction information.
Street profiles shall be provided, showing existing and proposed elevations
at fifty (50) foot intervals on the centerline and at points along
the proposed street right-of-way, as measured along a line drawn perpendicular
to the centerline stations.
d.
Sanitary sewers. Sanitary sewer plans shall show
the alignment of all sewer mains, manhole locations, and proposed
easement locations and dimensions. Specific drawing information shall
be in accordance with the requirements of MSD.
e.
Water distribution. Water distribution plans shall
show the alignment of all water mains, location of valves and fire
hydrants, and proposed easement locations and dimensions. Specific
drawing information shall be in accordance with the requirements of
the Missouri American Water Company and the University City Fire Chief.
g.
Street lighting plans. The improvement plans shall
show the location of proposed street lights and indicate the type
of light standards, fixtures, and the rated output (lumens) of the
light sources.
h.
Other utility plans. The improvement plans shall
show proposed locations of any other utilities including easements.
Drawing information requirements for other utilities (e.g., electric,
gas, telephone, cable television, etc.) shall be in accordance with
the requirements of the applicable utility company.
4.
Grading, storm drainage, and erosion control plans.
a.
Grading plans shall include:
(1)
Existing and proposed contours shall be shown at intervals of
not more than two (2) feet. Additional spot elevations shall be provided
as necessary to accurately determine existing site elevations. Existing
contours and spot elevations shall be based on actual field survey
data. U.S.G.S. datum shall be used with one (1) or more benchmarks
shown, in or near the subdivision, to which the development site is
referenced. Also indicate existing and proposed elevations at buildings,
walks, drives and streets;
(2)
Location and description of any known geological features which
may affect the use of the site (e.g., sink holes, subsurface rock,
high water table, or other significant geological features);
(3)
Description of soil types, based on soil test borings;
(4)
Location and estimated quantities of excavation and fill;
(5)
Density of proposed fill material (from on site or off site);
(6)
Identification of all clearing and grubbing, including removal
of existing structures or other existing site improvements;
(7)
Identification of any significant trees (trunk diameter of eight
(8) inches or greater as measured four and one-half (4½) feet
above grade) that are designated to be saved by the developer or are
required to be saved as a condition of preliminary plat approval,
and indicating the approximate spread of such trees that are to be
preserved;
(8)
Location and details of all retaining walls, cribbing, or other
surface protection features;
(9)
Location of any underground utility lines, any part of which
is within fifty (50) feet of the proposed excavation or filling area;
(10)
Location of construction site access and temporary off-street
parking and staging areas;
(11)
Estimated schedule of operation, including a time line schedule
of starting and completion of grading work, erosion and siltation
control, and any interim storm drainage systems.
b.
Storm drainage plans. Storm drainage plans shall
include all storm drainage facilities and proposed easement locations
and dimensions. Specific drawing information shall be in accordance
with the requirements of MSD.
c.
Erosion/siltation control plans. Erosion control plans shall include details of temporary and long-term soil stabilization measures to be taken as required in Section 405.510 and by MSD as applicable to storm drainage facilities.
d.
DNR land disturbance permit required. If construction activities disturb land or entail the grading of an area that is one (1) acre or greater, or if that construction activity is part of a larger common plan of development or sale that would disturb one (1) acre or greater, a land disturbance permit shall be obtained from the Missouri Department of Natural Resources (see Section 405.140).
[Ord. No. 7058, 10-23-2017]
5.
Landscape plans. Where landscaping and screening
is required under the Zoning Code, improvement plans shall provide
a landscape plan showing existing and proposed landscaping, including
the name and size of plant material.
D.
Supplemental Information Requirements.
1.
Cost estimates. Improvement plans shall provide
cost estimates for all site preparation and construction of improvements
in sufficient detail for verification and approval by the Director
of Public Works and Parks; identify any reference sources of costs
used in preparing the cost estimates, or the source of the cost estimate
(e.g., if prepared by a utility company to be contracted to install
certain improvements).
2.
Evidence of review by others. Improvement plans
shall provide written statements from (or correspondence from the
developer to) the following agencies indicating that the improvement
plans for the subdivision plat have been submitted for determination
of compliance with their respective rules and standards:
a.
Metropolitan St. Louis Sewer District;
b.
Missouri Department of Transportation (MoDOT), if access to the development
is to be from a State highway;
c.
St. Louis County Department of Highways and Traffic, if access to
the development is to be from a County arterial road;
e.
U.S. Army Corps of Engineers;
f.
Office of the University City Floodplain Administrator; and
g.
Other agencies having review authority over any element of the proposed
development.
[R.O. 2011 §16.12.140; Prior Code §29-33.3; Ord. No. 6143 §1(part), 1997]
A.
Submission By Applicant. After City Council approval of the preliminary plat, the applicant shall submit four (4) copies of the improvement plans and other information required by Section 405.280 to the Director of Public Works and Parks. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies or utilities.
B.
Staff Review. As soon as practical after receipt of the
improvement plans, the Director of Public Works and Parks shall distribute
copies of the applicable documents to the Zoning Administrator, Fire
Chief and other City staff as appropriate. The Director of Public
Works and Parks, with the input of other City staff, shall review
the improvement plans and shall:
C.
Evidence Of Approval By Other Agencies Or Utilities. The
applicant shall provide evidence to the
Zoning Administrator of the approval or agreement to install
improvements from all applicable reviewing agencies/utility companies,
including payment of any required inspection fees.
D.
Approval. Upon determination by the Director of Public Works
and Parks that the improvement plans satisfy the requirements of this
Chapter, then said improvement plans shall be stamped as approved
and dated. The Director shall notify the Zoning Administrator of such
approval.
[R.O. 2011 §16.12.150; Prior Code §29-33.4; Ord. No. 6143 §1(part), 1997]
Approval of the improvement plans shall be valid for a period
of two (2) years from the date of approval. If the construction of
improvements has not been completed within the two (2) year period,
the Director of Public Works and Parks may grant an extension of up
to one (1) year for completion. Any request for an extension shall
be filed in writing with the Director prior to the expiration of the
approval. If construction has not been commenced within the two (2)
year period, the approval shall be void.
[R.O. 2011 §16.12.160; Prior Code §29-33.5; Ord. No. 6143 §1(part), 1997]
After all required improvements, public or common private improvements
have been installed, but before final approval or acceptance, the
developer shall submit as-built drawings of the improvements to the
Director of Public Works and Parks.
[R.O. 2011 §16.12.170; Prior Code §29-34.1; Ord. No. 6143 §1(part), 1997]
A.
After
the improvement plans have been approved and all inspection fees paid,
but before approval of the final subdivision plat, the developer shall
guarantee the completion of improvements and creation of a maintenance
guarantee for all required improvements. The developer shall either
deposit cash or an irrevocable letter of credit under a deposit agreement
with the City to guarantee the construction, completion and installation
of the required improvements within the completion period approved
by the Director of Public Works and Parks, which shall not exceed
two (2) years, except as such period may be extended as hereinabove
provided.
B.
No
guarantee or deposit shall be given to the City for sanitary and storm
sewer improvements, if MSD confirms that its requirements for assurance
of completion are satisfied. This provision shall not affect the intent
or enforcement of any guarantee, escrow, or renewal, extension or
replacement thereof for plats approved prior to the effective date
of the ordinance codified in these regulations.
[R.O. 2011 §16.12.180; Prior Code §29-34.2; Ord. No. 6143 §1(part), 1997]
A.
Deposit Agreement. Deposit agreements shall provide that
there shall be deposited with the City:
1.
A cash amount not less than the estimate of the cost of the construction,
completion and installation of the improvements indicated on approved
improvement plans and approved by the Director of Public Works and
Parks; or
2.
An irrevocable letter of credit which may be renewable, issued under
the then current Uniform Customs and Practice for Documentary Credits,
as issued by the International Chamber of Commerce, payable at a local
financial institution, in an amount not less than the approved estimate
of the cost of the construction completion and installation of the
improvements indicated on the approved improvement plans, with final
expiration date of not less than six (6) months after the initial
period allowed for completion of required improvements, drawn in favor
of the of the City and guaranteeing to City the availability, from
time to time upon demand, of the balance under the deposit agreement
and letter of credit not theretofore released.
B.
Preapproval Of Financial Institution. No financial institution
shall be eligible to provide a letter of credit, unless approved in
advance by the City Attorney on such terms and criteria as may be
established by the City.
[R.O. 2011 §16.12.190; Prior Code §29-34.3; Ord. No. 6143 §1(part), 1997]
A.
The
deposit agreement shall be held by the City and remain in effect until
such time as the required improvements are completed in accordance
with the requirements of these regulations. Partial releases of the
cash deposit or reductions in the letter of credit obligation may
occur from time to time, as work on constructing improvements is performed,
provided however that:
1.
Release/reduction. The Director of Public Works
and Parks shall partially release the cash deposit or reduce the letter
of credit obligation only after construction, completion and installation
of a defined phase of work on the improvements, receipt of requisite
written approval from the appropriate inspecting authority, and approval
by the Director of Public Works and Parks. The Director shall not
release or reduce more than ninety-five percent (95%) of the cash
deposit or letter of credit obligation.
2.
Maintenance guarantee. The developer shall be responsible
for defects, deficiencies and damage to required improvements during
development of the subdivision. The remaining five percent (5%) of
the cash deposit or letter of credit obligation shall constitute the
maintenance guarantee which shall be used by the City to defray or
reimburse any cost to the City for maintenance or repair of such improvements
which the developer fails or refuses to perform. Funds shall be so
held until such time as the development is complete as determined
by the Director of Public Works and Parks. Funds shall then be released
if there are no defects or deficiencies found on inspection thereof,
or at such time thereafter as any defects or deficiencies are cured
with the permission of, and within the time allowed by, the Director
of Public Works and Parks. At the election of the developer, the cash
deposit may be replaced with an irrevocable letter of credit approved
by the City Attorney in the same amount.
[R.O. 2011 §16.12.200; Prior Code §29-34.4; Ord. No. 6143 §1(part), 1997]
A.
The
obligation of the developer to construct, complete and install the
required improvements shall not cease until the developer shall be
finally released. If, after the improvement completion period, the
required improvements are not constructed, completed or installed,
or if the developer shall violate any provision of the deposit agreement
as determined by the Director of Public Works and Parks, the Director
shall request the developer or letter of credit provider to show cause,
within not less than ten (10) days, why the City should not declare
the developer in default. If the developer or surety or letter of
credit provider fails to cure any default or present compelling reason
why no default should be declared, the Director shall declare the
developer in default and may take any one (1) or more of the following
acts:
1.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be used to bring about the completion
of the required improvements or other appropriate purposes in the
interest of the public safety, health and welfare; or
2.
Require the developer to submit an additional cash sum or letter
of credit sufficient to guarantee the completion of the required improvements
after recalculation in order to allow for any inflated or increased
costs of constructing improvements.
B.
If the Director of Public Works and Parks determines that forfeiture of the remaining deposit under Subsection (A)(1) of this Section will not allow completion of the required improvements and if the developer fails to comply with the Director's requirements under Subsection (A)(2) of this Section, the Director may suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Subsection, the "undeveloped portion
of the subdivision" means all lots other than lots which
have been sold for personal use and occupancy or are under bona fide
contract for sale to any person for personal use or occupancy. The
Director shall give the developer ten (10) calendar days' written
notice of an order under this Subsection, with copies to all issuers
of letters of credit who have outstanding obligations for any undeveloped
portion of the subdivision, and shall record an affidavit of such
notice with the Recorder of Deeds. If, within the ten (10) day period
after notice is given, the Director has not determined by compelling
evidence that completion of the improvements is adequately assured,
the Director shall order construction suspended on the undeveloped
portion of the subdivision. The order shall be served upon the developer,
with a copy to the issuer of the letter of credit, a copy recorded
with the Recorder of Deeds, a copy to the Zoning Administrator, and
a copy to the Building Commissioner. Public notice of said order shall
be conspicuously and prominently posted by the Director at the subdivisions
or lots subject to said order. The notice shall contain the following
minimum language, which may be supplemented at the discretion of the
Director:
1.
If said notice is for a subdivision:
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THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF UNIVERSITY CITY DIRECTOR OF PUBLIC WORKS AND
PARKS. NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY
MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL
SUCH TIME AS THE CITY OF UNIVERSITY CITY DIRECTOR OF PUBLIC WORKS
AND PARKS REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION,
BUILDING, OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN
EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE UNIVERSITY
CITY MUNICIPAL CODE.
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2.
If said notice is for a lot:
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THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF UNIVERSITY CITY ZONING DIRECTOR OF PUBLIC WORKS AND PARKS.
NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER
SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS
THE CITY OF UNIVERSITY CITY DIRECTOR OF PUBLIC WORKS AND PARKS REMOVES
THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO THE UNIVERSITY CITY MUNICIPAL CODE.
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The suspension shall be rescinded in whole or in part only when
the Director of Public Works and Parks has determined that completion
of the improvements is adequately assured in all or an appropriate
part of the subdivision.
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[R.O. 2011 §16.12.210; Prior Code §29-35.1; Ord. No. 6143 §1(part), 1997]
A.
In
any case where the establishment of common land (including pedestrian
walkways and cul-de-sac islands), street lighting, drainage facilities
(such as detention basins, drainage pipe, and ditches) or any other
improvement requiring continuing maintenance, a trust indenture providing
for such maintenance shall be recorded simultaneously with the final
plat.
B.
The
trust indenture shall provide that the common land be used for the
benefit, use and enjoyment of the lot owners, present and future;
for the proper maintenance and supervision by the trustees who are
selected to act in accordance with the terms of such indenture and
the applicable Sections of this Chapter, and that no owner shall have
the right to convey such owner's interest in the common land except
as an incident of ownership of a platted lot.
C.
Common
land shall be conveyed by the owner in fee simple absolute title by
warranty deed to the subdivision association or trustees.
D.
Any
trust indenture required to be recorded, or recorded for the purpose
of compliance with the provisions of this Chapter, shall provide for
not less than the following representation of purchasers of developed
lots as trustees:
1.
One-third (1/3) of the trustees or officers shall be chosen by purchasers
of developed lots after fifty percent (50%) of the lots have been
sold;
2.
Two-thirds (2/3) of the trustees shall be chosen by purchasers of
developed lots after ninety-five percent (95%) of the lots have been
sold;
3.
All of the association trustees shall be chosen by purchasers of
developed lots after all of the lots have been sold.
E.
The
term of the indenture for all types of subdivisions, including planned
districts, shall be for the duration of the subdivision. In the event
that the subdivision is vacated, fee simple title shall vest in the
then lot or unit owners as tenants in common. The rights of the tenants
in common shall only be exercisable appurtenant to and in conjunction
with their lot ownership. Any conveyance or change of ownership of
any lot shall convey with it ownership in the common land, and no
interest in the common land shall be conveyed by a lot owner except
in the conjunction with the sale of a lot. The sale of any lot or
unit shall carry with it all the incidents of ownership of the common
land although such may not be expressly mentioned in the deed; provided
however, that no right or power conferred upon the trustees shall
be abrogated.
F.
Each
trust indenture and warranty deed shall be accompanied by a written
legal opinion from an attorney licensed to practice in the State of
Missouri, setting forth the attorney's legal opinion as to the legal
form and effect of the trust indenture and deed. The deed and trust
indenture shall be approved by the City Attorney prior to being filed
with the St. Louis County Recorder of Deeds simultaneously with the
recording of the final plat.
[R.O. 2011 §16.12.220; Prior Code §29-35.2; Ord. No. 6143 §1(part), 1997]
A.
So
long as there is a street not accepted by the City for maintenance
within any subdivision, no person shall sell, or offer to sell, or
advertise for sale any dwelling unit or non-residential property without
disclosing to each prospective purchaser such purchaser's responsibility
with respect to subdivision streets in the manner required by this
Section. For purposes of this Section, "prospective purchaser" includes any person making inquiry of any responsible party with
respect to purchase of a lot or dwelling unit.
B.
Required Disclosure. Disclosure shall be made to each prospective
purchaser in substantially the following form:
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CONSTRUCTION DESIGN OF THESE STREETS HAS BEEN APPROVED BY THE
CITY AND OFFERED FOR DEDICATION TO THE CITY. UNTIL SUCH TIME AS STREETS
ARE ACCEPTED BY THE CITY FOR MAINTENANCE, THE OWNERS OR HOMEOWNERS'
ASSOCIATION WILL BE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE.
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Modification of the above language may be made only as necessary
to plainly and accurately portray the current and future status of
subdivision streets. Any reference in such disclosure to a board of
trustees or similar persons shall reference the trust indenture which
discloses the manner of selection of trustees and the manner in which
any costs borne by such persons will be defrayed.
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C.
Responsible Parties. The requirements of this Section shall
be complied with by any developer, development corporation, lender,
title company, real estate broker, corporation, agent, manager or
management corporation, and each agent or employee of the foregoing
to the extent of involvement in marketing of property for sale.
D.
Specific Requirements. It shall be the responsibility of
each responsible party to accomplish the disclosure required by this
Section. Without limiting the generality of this obligation, the disclosure,
in any event:
1.
Shall be prominently posted in the sales office;
2.
Shall be contained in a contract for the sale of a lot or dwelling
unit, and if not printed in "red lettering" or similar highlighting,
shall be specifically pointed out to a prospective purchaser prior
to execution of any such contract;
3.
Shall be printed in readily legible typeface on any map or plat used
for marketing purposes.
E.
Exceptions. The disclosure required by this Section need
not be made:
F.
Preapproval Of Modified Disclosure.
1.
Any proposed modification of the language of the required disclosure
shall be submitted to the City Attorney for approval, prior to use.
2.
The City Attorney shall approve any modification which is factually
accurate and serves to inform a prospective purchaser at least as
well as the language set forth above.
[R.O. 2011 §16.12.230; Prior Code §29-36.1; Ord. No. 6143 §1(part), 1997]
A.
Final Plat Information Requirements. The final plat shall
be drawn at any scale, from one (1) inch equals twenty (20) feet to
one (1) inch equals one hundred (100) feet in any increments of ten
(10) feet, on one (1) or more sheets not less than eight and one-half
(8½) inches by fourteen (14) inches or greater than thirty-six
(36) inches by forty-two (42) inches in size, including a north arrow,
scale, date, and revision date block. The original of the final plat
shall be drawn or photographically reproduced on mylar drafting film.
Pen or laser plots on mylar film may be accepted so long as the image
is permanent. All drafting on, and revisions to, any original shall
be clearly legible so that the drawings are suitable for microfilming
or digital scanning.
B.
Contents. The plat shall contain all the information required
in a preliminary plat, but in its final form, subject to the following
qualifications and additional information requirements:
1.
All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, and any other areas for public or
private use. The error of enclosure of the subdivision boundary survey
shall not exceed one (1) in ten thousand (10,000) (one (1) foot for
each ten thousand (10,000)) feet of perimeter survey. The linear dimensions
shall be expressed in feet and decimals of a foot;
2.
Accurate distances and directions to the nearest permanent survey
monument from which the survey was made;
4.
When lots are located on a curve or when side lot lines are at angles
(from the street right-of-way) other than ninety degrees (90°),
the width of lot at the front building setback line shall be shown;
5.
Accurate delineation of any property designated for dedication for
public use (e.g., streets) or temporary public use (e.g., grading
easements);
6.
The location and width of all easements necessary to accommodate
utilities serving the proposed subdivision;
7.
Names of streets;
8.
Identification system for all lots and blocks;
9.
Area in square feet for each lot or parcel, shown on the plat or
on a supplemental sheet;
10.
Zoning district classification, and zoning district boundary line
when the subdivision is located in more than one (1) district. If
the subdivision is coincident with a planned development district,
the ordinance number which created the "PD" district shall be indicated;
11.
Certification by a Missouri registered land surveyor, who performed
the property survey, to the effect that the plat represents a survey
made by the surveyor, and that said survey complies with the Standards
of Missouri Board for Architects, Professional Engineers and Land
Surveyors and Department of Natural Resources, that the plat is a
correct representation of all exterior boundaries of the land surveyed
and the subdivision of it; and that all monuments indicated thereon
actually exist and their location, size and material are correctly
shown;
12.
Form of certificate of approval by the Plan Commission;
13.
Form of certificate of approval by the City Council;
14.
Boundary description of the subdivision, including the area of the
subdivision to the nearest one hundredth (.01) of an acre.
[R.O. 2011 §16.12.240; Prior Code §29-36.2; Ord. No. 6143 §1(part), 1997]
A.
Submission By Applicant. After the approval of improvement plans, the applicant shall submit twenty-five (25) copies of the final plat and other information required by Section 405.380 to the Zoning Administrator.
B.
Staff Review.
1.
Completeness of submittal. Upon receipt of final
plat and associated documents, the Zoning Administrator shall review
the documents to determine acceptability for submission. If the Administrator
determines the submittal is complete, then the submittal shall be
date stamped.
2.
Distribution. As soon as practical after acceptance
of the final plat submittal, the Zoning Administrator shall distribute
copies of the final plat to the Director of Community Development,
Director of Public Works and Parks, Fire Chief and other City staff
as appropriate.
3.
Staff review. The Zoning Administrator shall review
the final plat, and solicit comments from other City staff on said
plat, to determine compliance with the approved preliminary plat,
including any conditions of approval placed on the preliminary plat,
and consistency with the approved improvement plans. The staff findings
shall be submitted to the Plan Commission.
C.
Plan Commission.
1.
The Plan Commission shall review the final plat at the meeting scheduled
for review of the final plat. The Plan Commission shall make a determination
whether the final plat is in substantial compliance with the approved
preliminary plat. The Commission shall recommend to the City Council
approval or disapproval of the final plat. A vote of disapproval shall
be accompanied by reasons for such action in the meeting minutes.
2.
The Plan Commission shall take action on the final plat within sixty
(60) days of its consideration of said plat. Otherwise, the final
plat shall be deemed as recommended for approval by the Commission,
except that the Commission, with the consent of the applicant, may
extend this sixty (60) day period.
D.
Prerequisites To Forwarding The Final Plat To The City Council. Prior to the Zoning Administrator forwarding the recommendation
of the Plan Commission regarding the final plat to the City Council,
the applicant shall provide to the Administrator the following documents
as they may be applicable:
1.
Certificate of clear title, prepared by a duly authorized title company
stating that the signatures of all persons whose consent is necessary
to the preparation and recording of said plat and to the offer of
dedication of any streets and/or other public places are shown on
the plat;
2.
The subdivision trust indenture and warranty deed for common land
conveyance, accompanied by a letter of compliance from an attorney;
3.
Guarantee of installation of water mains from the Missouri American
Water Company, if not to be installed by the developer of the subdivision;
4.
Verification of street names and addresses from the St. Louis County
Department of Revenue;
5.
Tax certificate or copy of paid tax bill for the property from the
St. Louis County Collector of Revenue;
6.
Verification that the subdivision name is not a duplicate of another
subdivision name in St. Louis County from the St. Louis County Recorder
of Deeds office;
7.
Verification of payment of all inspection fees, where applicable;
8.
Letter from MSD certifying connection fees have been paid;
E.
City Council Action. As soon as practical after the Plan Commission makes its recommendation and after the applicant complies with Subsection (D)(1) through (9) of this Section, the final plat shall be forwarded to the City Council for its consideration. Upon determination that the final plat is in full compliance with the requirements hereof, the Council shall adopt an ordinance approving such final plat.
[R.O. 2011 §16.12.250; Prior Code §29-37; Ord. No. 6143 §1(part), 1997]
Following the recording of the final plat, one (1) recorded copy of the subdivision plat, bearing the St. Louis County Recorder's signature, seal, and notation as to plat book and page, shall be returned to the Zoning Administrator, along with similarly recorded copies of the trust indenture and any other supporting documents required to be recorded by this Chapter. No building permits shall be issued prior to the Administrator's receipt of the record plat and any applicable recorded documents, except for dwellings within an approved display plat (see Section 405.570).
[R.O. 2011 §16.12.260; Prior Code §29-38; Ord. No. 6143 §1(part), 1997]
Approval of a final plat does not constitute acceptance by the
City for the maintenance of any streets, sidewalks, parks or other
public facilities shown on the plat to be dedicated to the City. Such
acceptance shall not occur until such time that the Director of Public
Works and Parks determines that the public improvements have been
completed in a satisfactory manner.
