City of Lake Saint Louis, MO
St. Charles County
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Table of Contents
Table of Contents
[CC 1988 §41.010; Ord. No. 578 §1, 10-17-1988]
The applicable regulations contained in this Chapter of the Lake Saint Louis Code shall hereafter be known, cited and referred to as the Subdivision Regulations of the City of Lake Saint Louis, Missouri.
[CC 1988 §41.020; Ord. No. 578 §1, 10-17-1988]
A. 
It is hereby declared to be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the official master plan for orderly, planned, efficient and economical development.
B. 
Land to be subdivided shall have such characteristics as required herein to allow it to be used safely for building purposes without danger to health or peril from fire, flood or other menace. Land shall not be subdivided until proper provisions have been made for drainage, utilities, sewerage and capital improvements such as schools, parks, recreation facilities, streets and other circulation ways.
C. 
The existing and proposed public improvements shall conform to and be properly related to and consistent with the master plan, official map and capital budget and improvement program of the City.
[CC 1988 §41.030; Ord. No. 578 §1, 10-17-1988]
A. 
The Planning and Zoning Commission does hereby exercise the power and authority to approve or reject the development of platted subdivisions of land already recorded in the office of the County Recorder of Deeds if such plats are entirely or partially undeveloped.
B. 
The subdivision shall be considered to be entirely or partially undeveloped if:
1. 
Said subdivision has been recorded with the County Recorder of Deeds office without a prior approval by the Planning and Zoning Commission, or
2. 
Said plat approval has been granted more than three (3) years prior to granting a building permit, on the partially or entirely undeveloped land and the zoning regulations for the district in which the subdivision is located have been changed subsequent to the original final subdivision approval.
[CC 1988 §41.040; Ord. No. 578 §1, 10-17-1988]
A. 
Subdivision regulations contained herein shall apply to all subdivisions of land into two (2) or more lots within the corporate limits of the City.
B. 
No land shall be subdivided within the corporate limits of the City until:
1. 
The subdivider or his/her agent has submitted preliminary and final plats in accordance with the requirements and procedures established herein for review and action by the Planning and Zoning Commission and Board of Aldermen;
2. 
Approval of the preliminary and final plat is obtained from the Planning and Zoning Commission and Board of Aldermen; and
3. 
The approved plat is filed with the County Recorder of Deeds.
C. 
No building permit or certificate of occupancy shall be issued for any parcel of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
[CC 1988 §41.050; Ord. No. 578 §1, 10-17-1988]
Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is a valid exercise of Police power delegated by the State of Missouri to the City of Lake Saint Louis. It is the developer's responsibility to comply with reasonable conditions established by the Planning and Zoning Commission for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economic development of the City and to the safety and general welfare of the future lot owners in the subdivision.
[CC 1988 §41.060; Ord. No. 578 §1, 10-17-1988]
A. 
Procedure For Resubdivision. Any change in an approved or recorded subdivision plat including, but not limited to, changes in street layout, areas reserved thereon for public use, lot lines or changes which affect any plat recorded prior to the adoption of regulations controlling the subdivision of land shall be approved by the Planning and Zoning Commission and Board of Aldermen by the same procedures, rules and regulations as for a land subdivision.
B. 
Procedure For Subdivisions Where Future Resubdivision Is Indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots having the potential for additional subdivision under the provisions herein, the Planning and Zoning Commission may require that such parcel of land provide for the future opening of streets or the ultimate extension of adjacent streets. Easements providing for the future opening and/or extension of such streets may be made a condition of plat approval.
[CC 1988 §41.070; Ord. No. 578 §1, 10-17-1988]
A. 
The owner or owners of the total area of a subdivision plat may request that the City vacate the plat in part or total by submitting a written instrument including a copy of the original plat and a map identifying the proposed configuration of the platted area to the City Development Administrator.
B. 
Such an instrument shall be approved by the Planning and Zoning Commission and Board of Aldermen according to the procedures for the subdivision of land. The City may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.
C. 
Such an instrument shall be executed, approved and recorded in like manner as plats of subdivisions; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys and public grounds and all dedications laid out or described in such plat.
[CC 1988 §41.080; Ord. No. 578 §1, 10-17-1988]
A. 
General. Where the Board of Adjustment finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Board of Adjustment shall not approve variances unless it shall make findings based upon the evidence presented in each specific case that:
1. 
The granting of the variance will not be detrimental to the public safety, health or welfare or detrimental to the value or use of other property;
2. 
The conditions upon which the request for a variance is sought are not applicable generally to other property;
3. 
Because of unique physical characteristics of the parcel, a hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
4. 
The variances will not in any manner alter the provisions of the zoning ordinance, master plan or official map.
B. 
Conditions. In approving variances, the Board of Adjustment may require such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of these regulations.
C. 
Procedures. A written instrument requesting such variance shall be submitted to the Board of Adjustment by the applicant simultaneously with the filing of the preliminary plat for consideration by the Planning and Zoning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
[CC 1988 §41.090; Ord. No. 578 §1, 10-17-1988]
A. 
General.
1. 
It shall be the duty of the City Development Administrator to enforce the subdivision regulations.
2. 
No owner of a tract of land proposed for subdivision shall transfer or sell any parcel of the proposed subdivision before a plat of such subdivision has been approved by the Planning Commission and Board of Aldermen in accordance with these regulations and filed with the County Recorder of Deeds.
3. 
The subdivision of any lot or any parcel of land by the use of metes and bounds description of the purpose of sale, transfer or lease shall not be permitted except if the subdivision results in the subdivision of two (2) or more parcels of more than ten (10) acres each. Said subdivision shall be termed a "minor subdivision" and shall be subject to the requirements and regulations noted.
4. 
No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of the regulations.
B. 
Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction and to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building or premises, and these remedies shall be in addition to the penalties described in Section 100.210, General Penalty.
[CC 1988 §41.100; Ord. No. 578 §1, 10-17-1988; Ord. No. 1421 §1, 6-21-1999; Ord. No. 1436 §1, 7-6-1999; Ord. No. 1577 §1, 2-5-2001]
A. 
Performance Bond Or Escrow For Subdivision Improvements.
1. 
The Board of Aldermen shall require the applicant to post a bond or establish an escrow account at the time of final subdivision approval in an amount estimated by the applicant and approved by the City Engineer as sufficient to secure to the City of Lake Saint Louis the satisfactory construction, installation and dedication of the uncompleted portion of the required improvements. The performance bond or escrow account shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
2. 
Such performance bond or escrow account shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution. The period within which required improvements must be completed shall be specified by the Board of Aldermen in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not in any event exceed two (2) years from date of final approval. Failure by the Board of Aldermen to establish a completion date shall be interpreted to require completion within two (2) years from the date of recording of the final plat with the County Recorder of Deeds office.
3. 
Such bond or escrow account shall be approved by the Board of Aldermen as to amount, surety and conditions satisfactory to the Board of Aldermen. The Board of Aldermen may, upon proof of difficulty, approve an extension of the completion date set forth in such agreement for a maximum period of one (1) additional year. The Board of Aldermen may at any time during the period of such bond accept a substitution of principal or sureties on the bond.
4. 
A cash escrow to be held by the City shall be established to guarantee the performance and maintenance of erosion and sediment control devices. The cash escrow shall be established when the grading, sediment and erosion control plan is approved. The cash escrow will remain in effect until the development is completed and vegetation has been established and all erosion and sediment problems are satisfactorily resolved. The applicant shall be responsible for all work at the site including work by subcontractors, utility companies and other contractors. The amount of the cash escrow shall be as follows:
a. 
Single-family residential (detached) developments shall escrow three hundred fifty dollars ($350.00) per lot (maximum escrow amount of ten thousand dollars ($10,000.00)).
b. 
Residential development not included in the above category and commercial developments shall establish a cash escrow in the amount of one thousand dollars ($1,000.00) per acre. Acreage shall include all disturbed ground required for the total development, regardless if said development occurs in phases. (Maximum escrow amount of ten thousand dollars ($10,000.00).
c. 
Developments approved prior to June 21, 1999 and existence of ordinance 1421. In the event that a stop work order is issued to a developer or contractor for failing to exercise due care and diligence to minimize erosion and soil loss from the site, before resuming work the developer or contractor shall:
(1) 
Mitigate the Code violation.
(2) 
Provide the City with a cash escrow for erosion control as per Section 415.100(A)(4)(b).
(a) 
If the erosion and sediment control plan is not effective, non-compliant or not properly maintained, the City shall notify the developer or builder. The notification can be in written or verbal form. The developer or builder shall have three (3) days to correct or remedy the problem to the satisfaction of the City Development Administrator or City Engineer. If the problem has not been corrected within three (3) days, the City shall use the cash escrow to correct the problem. Corrections shall be deducted from the cash escrow at one hundred percent (100%) of the actual cost to the City, and twenty-five percent (25%) for City administrative costs.
(b) 
If an erosion and sediment control problem is deemed critical, the developer or builder shall have four (4) hours to correct or remedy the problem to the satisfaction of the City. If the problem has not been corrected within four (4) hours, the City shall use the cash escrow to correct the problem, including reimbursement of the City labor and materials, if necessary. Corrections shall be deducted from the cash escrow at one hundred percent (100%) of the actual cost to the City and twenty-five percent (25%) for City administrative costs.
(c) 
In the event any amount is withdrawn from the cash escrow by the City for any reason, the developer shall replenish said escrow account for like amount within ten (10) working days, or the development project shall cease and a stop work order shall be issued until said amount is replenished to the escrow account.
(d) 
The cash escrow shall be held in a separate account by the City of Lake Saint Louis and will bear no interest to the developer or builder, whether or not the City deposits said money in any interest-bearing accounts. Any such interest earned shall belong solely to the City for deposit into the General Fund. There shall be no partial release of the cash escrow to the developer or builder. The cash escrow shall be released upon completion of the development and vegetation has been established, and all erosion and sediment problems are satisfactorily resolved.
B. 
Temporary Improvement. The applicant shall provide at the applicant's cost temporary improvements required by the Planning and Zoning Commission and shall maintain same for the period specified by the Planning and Zoning Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.
C. 
Costs Of Improvements. All required improvements shall be made at the expense of the applicant without reimbursement by the City or any improvement district therein.
D. 
Governmental Units. Governmental units to which these bonds and contract provisions apply may file in lieu of said contract or bond a certified resolution or ordinance from officers or agencies authorized to act in their behalf agreeing to comply with the provisions of this Code.
E. 
Failure To Complete Improvements. For subdivisions platted prior to the adoption of this Chapter for which no performance bond or escrow has been posted and for which the improvements are not completed within the period specified by the Planning and Zoning Commission, the approval shall be deemed to have expired. In those cases where a performance bond or escrow has been posted and required improvements have not been installed within the terms of such performance bond or escrow, the City of Lake Saint Louis may thereupon declare the bond to be in default or utilize the escrow account to complete all required improvements.
F. 
Acceptance Of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance of the Board of Aldermen. The approval of the Planning and Zoning Commission and Board of Aldermen of a subdivision plat shall not be deemed to constitute or imply the acceptance by the City of Lake Saint Louis of any street, easement or park shown on said plat. The Planning and Zoning Commission may require said plat to be endorsed with appropriate notes to this effect.
[CC 1988 §41.110; Ord. No. 578 §1, 10-17-1988; Ord. No. 1311 §1, 6-15-1998; Ord. No. 1537 §1, 9-18-2000; Ord. No. 1903 §1, 10-6-2003; Ord. No. 2060 §1, 9-7-2004; Ord. No. 2879 §1, 8-2-2010]
A. 
General Procedure And Fees. The City Development Administrator shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City of Lake Saint Louis an inspection fee based on the amount of the performance bond or escrow guaranteeing streets, parking lots, detention facilities, storm sewers and grading (including erosion control, seeding and mulching), or as appropriate, the estimated cost of same and using the following formula.
1. 
For projects having improvements with an estimated cost of less than one million dollars ($1,000,000.00), the applicant shall pay an inspection fee equal to three percent (3%) of the cost of the improvements.
2. 
For projects having improvements with an estimated cost of one million dollars ($1,000,000.00) but less than four million dollars ($4,000,000.00), the applicant shall pay an inspection fee equal to the sum of three percent (3%) of the first one million dollars ($1,000,000.00) of the cost of improvements and two percent (2%) of the cost of improvements above one million dollars ($1,000,000.00).
3. 
For projects having improvements with an estimated cost of four million dollars ($4,000,000.00) but less than six million dollars ($6,000,000.00), the applicant shall pay an inspection fee equal to the sum of three percent (3%) of the first one million dollars ($1,000,000.00) of the cost of improvements, two percent (2%) of the cost of improvements with an estimated cost of one million dollars ($1,000,000.00) but less than four million dollars ($4,000,000.00), and one percent (1%) of the cost of improvements with an estimated cost of four million dollars ($4,000,000.00) but less than six million dollars ($6,000,000.00).
4. 
For projects having improvements with an estimated cost of six million dollars ($6,000,000.00) or more, the inspection fee will be negotiable.
The cost estimate for the proposed improvements shall be modified to reflect an additional ten percent (10%) for contingencies. This subdivision inspection fee shall apply to residential and commercial development.
The subdivision plat shall not be signed by the Chairman of the Planning and Zoning Commission unless such fee has been paid at the time of application. These fees shall be due and payable upon demand of the City. No building permits or certificates of occupancy shall be issued until all fees are paid. If the City Development Administrator finds upon inspection that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the applicant shall be responsible for correcting the identified deficiencies. Wherever the cost of improvements is covered by the performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.
B. 
Release Or Reduction Of Performance Bond.
1. 
Certificate of satisfactory completion. A performance bond or escrow account shall be reduced only following certification by the City Development Administrator that required public improvements have been installed according to approved plans and specifications, and that such improvements have been accomplished in a workmanlike manner. The reduction in the performance bond or escrow account shall be no more than equal to the estimated costs of all certified public improvements, however, to assure the satisfactory condition and maintenance of the required public improvements, five percent (5%) of the total amount of the performance bond shall remain in effect or five percent (5%) of the escrow account shall remain with the escrow holder for the benefit of the City and shall be released upon completion of all improvements and utility work within the record plat.
2. 
Reduction of performance bond or escrow account. A performance bond or escrow account shall be reduced only following certification by the City Development Administrator that required public improvements have been installed according to approved plans and specifications and that such improvements have been accomplished in a workmanlike manner. The City Development Administrator shall inspect the public improvement upon receiving a request for the public improvement acceptance and if said public improvements meet the current standards of the City, the performance bond or escrow account shall be released. The reduction in the performance bond or escrow account shall be no more than equal to the estimated costs of all certified public improvements, however, to assure the satisfactory condition and maintenance of the required public improvements, five percent (5%) of the total amount of the performance bond shall remain in effect or five percent (5%) of the escrow account shall remain with the escrow holder and shall be released upon completion of all improvements and utility work within the record plat.
[CC 1988 §41.120; Ord. No. 578 §1, 10-17-1988; Ord. No. 1560 §1, 12-4-2000; Ord. No. 1749 §1, 8-5-2002; Ord. No. 1904 §1, 10-6-2003; Ord. No. 2158 §1, 4-4-2005; Ord. No. 2513 §1, 9-17-2007]
A. 
The applicant shall be required to maintain all improvements on the individual subdivided lots and on streets in the subdivision until acceptance by the City. The applicant will also provide for snow removal on sidewalks, where necessary. If there are any residences having received certificates of occupancy on a street not yet, but intended to be, dedicated to the City, the City will provide snow removal to the residences. The applicant shall be responsible for repairing any damage resulting from snow removal prior to acceptance of the streets. The applicant may, by written notification to the City, decline City snow removal provided the applicant maintains access for emergency response vehicles.
B. 
Acceptance Of Streets Prior To Substantial Buildout Of Lots In Residential Subdivisions.
1. 
Where all street improvements in a residential subdivision have been constructed according to approved plans and specifications in a workmanlike manner and a certificate of satisfactory completion has been issued by the Director of Public Works, the City will, in compliance with State Code, authorize the release of any subdivision improvement escrow posted to guarantee satisfactory completion.
2. 
However, because the new streets in a residential subdivision will be subject to significant and continuing stress caused by heavy construction traffic resulting from construction on the parcels that the streets were built to serve, the City will not accept the streets and no building permits will be issued by the City's Chief Building Official for structures on lots served by the new streets until such time as the applicant has posted with the City a street maintenance bond guaranteeing the acceptable condition of the streets through substantial buildout.
3. 
When such street maintenance bond, in appropriate amount and in form approved by City Attorney, has been posted with the Director of Community Development, and when a formal instrument of dedication has been offered by the applicant pursuant to Section 405.250 of the Lake Saint Louis Municipal Code, the Board of Aldermen will, upon recommendation of the Director of Community Development, accept the new streets into the City's system of streets and roadways and authorize the commencement of maintenance activities.
4. 
When a street maintenance bond has been posted, then and only then may the Chief Building Official authorize the issuance of building permits for structures on lots served by the streets.
5. 
The street maintenance bond will be equal in amount to ten percent (10%) of the estimated cost of street improvements as approved by the Director of Public Works when the escrow for subdivision improvements for the development was approved by the Board of Aldermen. The street maintenance bond shall remain in effect until:
a. 
The City's Chief Building Official has issued certificates of occupancy for residential structures on eighty percent (80%) of the new lots or parcels served by the streets; and
b. 
The Director of Public Works has inspected the streets and determined that the streets remain in the same condition as when they were accepted by the City.
If the streets have sustained damage resulting from construction on the lots or parcels that the streets were built to serve, the applicant will make appropriate repairs or reconstruct damaged portions of the street, as necessary, prior to release of the street maintenance bond.
6. 
If at any time the street maintenance bond is allowed to lapse, the Chief Building Official will cause all inspection services to cease, will revoke all outstanding building permits and will prohibit further permits to be issued.
7. 
Replacement of a street maintenance bond, designating a guarantor other than the original applicant, is not permitted without express permission of the City.
8. 
Partial releases of the street maintenance bond for individual streets within the development may be approved by the Director of Community Development upon written request by the applicant, demonstration by the applicant that eighty percent (80%) of the new lots served by such street are built out as described above and receipt of inspection report from the Director of Public Works confirming that street remains in acceptable condition.
[CC 1988 §41.130; Ord. No. 578 §1, 10-17-1988]
A. 
The Planning and Zoning Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities.
B. 
Whenever it is deemed desirable by the Planning and Zoning Commission to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay the appropriate share of the costs of the future improvements as determined by the City Development Administrator to the City of Lake Saint Louis prior to signing of the final subdivision plat, or the applicant may post a bond or establish an escrow of such amount to insure completion of said improvements upon demand of the City.
[CC 1988 §41.140; Ord. No. 578 §1, 10-17-1988]
A. 
No certificate of occupancy for any building in a subdivision shall be issued prior to the completion of all improvements and dedication of same to the City of Lake Saint Louis, as required in the Planning Commission's final approval of the subdivision plat.
B. 
No building permit shall be issued for the final ten percent (10%) of lots in a subdivision or, if ten percent (10%) is less than two (2), for the final two (2) lots of a subdivision until all public improvements required by the Planning and Zoning Commission for the plat have been fully completed and dedicated to the City.
[CC 1988 §41.150; Ord. No. 578 §1, 10-17-1988]
A. 
The City shall not grant or issue any plat, subdivision or resubdivision approval, building permit or certificate of occupancy to any applicant if it has been determined by any court of competent jurisdiction or any official Federal, State, County or municipal agency or board that said applicant has violated, or is violating, any Federal, State, County or municipal law, ordinance or regulation pertaining to consumer protection for the sale of real estate or promotion for the sale of real estate or land development practices within the City of Lake Saint Louis, Missouri.
B. 
In the event a subdivision or resubdivision has been approved or a building permit or certificate of occupancy granted or issued prior to determination of a violation as set out in Section 415.140(A), said approval, permit or certificate shall be subject to revocation by the City until so ordered otherwise by a court of competent jurisdiction, provided that in no event shall rights of intervention of innocent (3rd) third parties in possession of a certificate of occupancy be prejudiced by any such revocation.
C. 
Any applicant shall be subject to the provisions as set forth in Section 415.140(A) hereinabove if it can be shown that any shareholder, partner or officer of said applicant, either individually or through a partnership or corporate interest, is currently in violation of Section 415.140(A) hereinabove set forth.
D. 
Failure to complete subdivision improvements within the City, within a reasonable time, shall be deemed as prima facie evidence of being in violation of this Section of the development regulations and procedures. For definition purposes, "subdivision improvements" shall be considered to be land development practices within the meaning of Section 415.140(A) hereinabove set forth. Any applicant or any shareholder, partner or office of said applicant, either individually or through a partnership or corporate interest, in violation of this Section shall not have another application considered until the violations are corrected or the applicant receives written waivers from all parties who have an interest in the real estate involved, and the City shall be deemed to be an interested party for all parcels of real estate within the boundaries of the City of Lake Saint Louis.
[Ord. No. 2682 §1, 12-1-2008]
A. 
In any case where the establishment of common ground (including pedestrian walkways and cul-de-sac islands), private streets, private street lighting, drainage facilities such as detention basins, drainage pipes, ditches, clubhouses, pools, tennis courts or any other improvement or amenity that requires continuous maintenance, trust indentures creating a Home Owners Association (HOA) shall be recorded simultaneously with the record plat. The trust indentures shall provide for proper maintenance and supervision by the elected officers of the HOA who are selected to act in accordance with the terms of such indentures and the applicable provisions of this Chapter. For single lot developments and developments with no common ground, the City Development Administrator may accept script certifying the means of maintenance on the record plat. Common ground shall be conveyed by the owner in fee simple absolute title by warranty deed to the HOA. The trust indentures shall provide that the common ground be for the benefit, use and enjoyment of the lot owners present and future. It shall be the responsibility of the elected officers of the HOA to maintain the common ground. No lot owner shall have the right to convey his/her interest in the common ground except as an incident of the ownership of a regularly platted lot.
B. 
Any trust indentures required to be recorded, or recorded for the purpose of compliance with provisions of this Chapter or the Municipal Code, shall provide for not less than the following representation to purchasers of developed lots among the HOA members: one-third (1/3) of the trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after seventy-five percent (75%) of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.
C. 
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 deeds and trust indentures. The deeds and trust indentures shall be reviewed and approved by the City Development Administrator and the City Attorney, prior to being filed with the Recorder of Deeds of St. Charles County simultaneously with the recording of the record plat, with a copy to be filed with the City of Lake Saint Louis. The signing and recording of the trust indentures will follow the procedure as described in the Municipal Code Section 405.260: Signing and Recording of Final Subdivision Plat.
[Ord. No. 3760, 10-16-2017]
D. 
The term of any trust indentures recorded pursuant to these regulations shall be for the duration of the subdivision. In the event the subdivision is vacated, fee simple title of common ground will vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to, and in conjunction with, their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with it ownership in the common ground. No interest in the common ground shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common ground whether or not expressly mentioned in the deed; provided however, that no right or power conferred upon the trustees shall be abrogated.
E. 
The trust indentures shall provide that the subdivider/developer is prohibited from assessing lot owners or otherwise using HOA funds for items or matters that are not located within the bounds of the subdivision. The trust indentures shall also provide that the subdivider/developer is prohibited from assessing lot owners or otherwise using HOA funds for items or matters that are considered as improvements required of the subdivider/developer by the approved final plat or the approved preliminary or final development plans (in the case of developments carrying the "PR" or "PD" zoning district designation); such improvements may include, but are not limited to: landscaping, subdivision entrance enhancements, recreation facilities and common ground parks and amenities, etc.
F. 
Amendments to trust indentures must be reviewed and approved by the City Development Administrator and City Attorney, prior to being filed with the Recorder of Deeds of St. Charles County and/or simultaneously with any modification to the final plat or final preliminary development plan as approved by the Planning and Zoning Commission and Board of Aldermen. The signing and recording of the revised trust indentures will follow the procedure as described in the Municipal Code Section 405.260: Signing and Recording of Final Subdivision Plat.
[Ord. No. 3760, 10-16-2017]
G. 
The trust indentures shall provide for the annual reporting to the property owners and members of the HOA of all financial transactions made by, or on behalf of, the HOA. The financial and other records and meeting agenda and minutes will be open and available to any resident or property owner of the subdivision.
[Ord. No. 2682 §2, 12-1-2008]
A. 
Should the subdivider/developer be required by provisions in Section 415.160: Trust Indentures or choose to impose trust indentures on a parcel of property within the City of Lake Saint Louis, the trust indentures should include, at a minimum, the following items and conditions:
1. 
Definitions applicable to the land subdivision, the proposed development, and the responsibilities of both the subdivider/developer and the new property owner.
2. 
Property rights of each individual lot owner as well as the Home Owners Association (HOA) organized to maintain all elements and amenities of the development owned collectively by the individual lot owners. This Section could also include details regarding fencing, playground-type equipment and/or other structures that may be placed within the common elements.
3. 
Association membership and voting rights of each individual lot owner and subdivider/developer of the project. This Section should identify the process by which the subdivider/developer will turn over complete ownership of, and responsibility for, all common ground, elements and amenities.
4. 
Association assessments and dues should detail how funding is determined for the maintenance and care of all common ground, elements and land in the development and the conditions under which both regular and special funding assessments are developed.
5. 
Maintenance responsibilities identify and detail the responsibilities of both the HOA and individual lot owners of both the living units and common elements of the overall development.
6. 
Architectural control identifies and details the type and material of such items, but not necessarily limited to, as: alterations, additions, changes and materials used within the development; rules for dealing with requests for such items from the lot owners; composition of any review board organized to address such requests; fees (if any) for reviewing such requests; fines for violations; requirement of City of Lake Saint Louis approval for any alterations, additions and/or changes, etc.
7. 
Use restrictions identify the permitted type of dwelling unit allowed in the project as well as actions and/or items not permitted in the project. Such prohibitions could include, but not be limited to, the following subject matter:
a. 
Fences and pools
b. 
Commercial activities
c. 
Livestock other than house pets
d. 
Parking of motor vehicles, boats and trailers
e. 
Overhead wiring
f. 
Laundry poles
g. 
Antennas
h. 
Fuel tanks
i. 
Temporary structures
j. 
Signs
k. 
Drilling and quarrying
l. 
Dumping
m. 
Sewage disposal
n. 
Water supply
o. 
Organized sporting events
p. 
Patios
q. 
Driveways
r. 
Hot tubs, jacuzzi, etc.
s. 
Exterior faucets
t. 
Pets
u. 
Fireplaces
v. 
Firewood
8. 
General provisions identify other rights and restrictions that may be applicable to either the individual property owners or the HOA. These could include, but not be limited to:
a. 
Enforcement of trust indentures
b. 
Severability of trust indentures
c. 
Amendments
d. 
Utility easements
e. 
Care and appearance of premises
f. 
Garages
g. 
Leases
h. 
Noise
i. 
Improvements
j. 
Insurance
k. 
Change of ownership
l. 
Exterior planting
m. 
Sidewalks
n. 
Repair, maintenance, and replacement
o. 
Trash containers
p. 
Trash pick-up
q. 
Fines