[CC 1990 §405.050; Ord. No. 97.053 §1, 11-10-1997]
A. In
order to make the most of opportunities related to the subdivision
and to conserve time, effort, and expense, the owner or subdivider
shall consult with the Planning and Zoning Commission, the City Engineer,
and other public officials prior to the preparation of the Preliminary
Plat for the subdivision. The Comprehensive Master Plan of the City
shall be reviewed to determine how the preliminary plat will fit into
the Comprehensive Plan. Requirements for streets; school and recreation
sites; community facilities; shopping centers; sanitation, water supply,
and drainage; and the relationship to other developments, existing
and proposed, in the vicinity shall be determined in advance of the
preparation of the preliminary plat.
1. Whoever, being the owner or agent of the owner of any land located
within a subdivision, options, transfers, leases, or sells or agrees
to sell or negotiates to sell any land by reference to or exhibit
of or by other use of a plat of a subdivision, before such plat has
been approved by the Planning and Zoning Commission and the Board
of Aldermen and recorded or filed in the offices of the City Clerk
and/or the St. Francois County Clerk, shall forfeit and pay a penalty
of one thousand dollars ($1,000.00) for each lot or parcel so transferred,
optioned, sold, leased, or agreed or negotiated to be sold; and the
description of such lot parcel by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from the remedies
herein provided. The municipal corporation may enjoin such transfer
or sale or agreement by action for injunction brought in any court
of equity jurisdiction or may recover the said penalty by a civil
action in any court of competent jurisdiction.
2. In planning and developing a subdivision the developer shall comply with the minimum design and development standards for the layout of subdivisions set forth in Article
IV (Section
410.120 et seq.) and with the rules and regulations concerning required improvements set forth in Article
V (Section
410.200 et seq.) of this Chapter, and in every case shall pursue the following procedures.
[CC 1990 §405.060; Ord. No. 97.053 §1, 11-10-1997]
A. A subdivider desiring approval of a plat of a subdivision shall submit a written application, therefore, to the Planning and Zoning Commission. Such application shall be accompanied by the information, requirements, and plans in accordance with the provisions set forth in Article
III (Section
410.080 et seq.) of this Chapter.
1. Three (3) copies of the completed application for subdivision approval
form, furnished by the City of Desloge, together with a minimum of
six (6) prints of each drawing submitted as a part of the preliminary
plat shall be submitted to the City Clerk. No less than forty-five
(45) days prior to the time of filing, a fee of two hundred dollars
($200.00) or ten dollars ($10.00) per lot, which ever is greater,
shall be paid to the City Clerk to cover the costs of reviewing the
preliminary and final plat, inspections, publishing notices and publishing
legal notices of the pending hearing on said subdivision. The City
Clerk shall immediately notify the Chairman of the Planning and Zoning
Commission upon receipt of the application and preliminary plat.
2. If the Preliminary Plat is approved by the Planning and Zoning Commission
and the Board of Aldermen, applicant shall be authorized to proceed
with the preparation of the final plat. The City Clerk shall attach
to a copy of the preliminary plat a certified copy of the resolution
approving or disapproving, the preliminary plat; in case of disapproval,
stating the reason and specific aspect of non-conformance with this
Chapter, and spreading said disapproval across the record of the Commission.
A copy of the resolution shall be filed in the City Clerk's office
and shall be signed by the Chairman or Vice-Chairman of the Planning
and Zoning Commission.
3. Preliminary approval shall confer upon the applicant the following
rights for a one (1) year period from the date of approval by the
Board of Aldermen.
a. That the general terms and conditions under which the preliminary
approval was granted shall not be changed.
b. That the said applicant shall submit on or before the expiration
date the whole or part or parts of said plat for final approval. In
the case of a subdivision being developed in stages, the applicant
may elect to have final approval delayed for a period not to exceed
three (3) years from the date of preliminary approval for the remaining
portions of the plat, after submission of the original part within
the above specified period.
[CC 1990 §405.070; Ord. No. 97.053 §1, 11-10-1997]
A. The application for approval of final plats shall be accompanied by the information, requirements, and plans in accordance with the provisions set forth in Article
III (Section
410.080 et seq.) of this Chapter.
1. The final plat shall be submitted to the City Clerk for transmittal to the Planning and Zoning Commission for final approval. The submission shall include the plans and specifications for minimum design and development standards set forth in Article
IV (Section
410.120 et seq.) and the required improvements as set forth in Article
V (Section
410.200 et seq.). All documents shall bear the approving signature of the City Engineer and the transmittal to the Board of Aldermen shall include a letter from the City Engineer describing such approval and setting forth an estimate to cover the cost of the proposed improvements for performance guarantee purposes.
2. Upon review by the Planning and Zoning Commission and the City Engineer,
the final plat shall be returned to the City Clerk for submission
to the Board of Aldermen with all recommendations from the Planning
and Zoning Commission attached. If the final plat is approved by the
Planning and Zoning Commission, the original mylar print shall bear
the signature of the Chairman or Vice-Chairman of the Planning and
Zoning Commission.
3. The City Clerk shall attach to a copy of the final plat, a certified
copy of the Board of Aldermen's ordinance approving or disapproving
the final plat; in the case of disapproval, giving reasons and specifying
aspects of non-conformance with existing ordinances. The approved
copy of the final plat shall be filed in the office of the City Clerk.
4. The approval of the final plat by the Board of Aldermen shall be
indicated on the document to be filed for record by affixing of the
signatures of the Mayor and the City Clerk. The approved final plat
shall be returned to the City Clerk to be held until such time as
the subdivider has posted the performance guarantee as set forth in
these regulations.