[CC 1976 §24½-41; Ord. No. 94-12, §1(Art. 5, §24½-5.1), 2-28-1994]
A. The
Council shall consider all record plats which shall be in substantial
conformance to the preliminary plan. The Director of Public Works
and the Planning and Zoning Commission shall review all record plats
prior to submission to the City Council. If the plat is found to be
in conformance by the aforementioned City Officials, the Council shall
approve the plat by resolution at their next regularly scheduled meeting.
The developer, in any case, shall have one (1) year from preliminary
plan approval to file the record plat with the St. Louis County Recorder
of Deeds. If said record plat is not filed within the prescribed time
limit, the preliminary plan approval shall be deemed expired.
B. In
case of phased developments, the record plat for the first (1st) phase
shall meet the above requirements. Record plats for subsequent phases
must be recorded within one (1) year of the recording of the previous
phase. If said record plats are not filed within the prescribed time
limit, the preliminary plan approval shall be deemed expired. The
Council may, upon a developer's petition, grant an extension of time.
Any request for such an extension must be filed with the City Clerk
prior to the expiration date.
[CC 1976 §24½-42; Ord. No. 94-12, §1(Art. 5, §24½-5.2), 2-28-1994]
A. A record
plat shall delineate all developed lots created by the plat except
as follows: If a record plat does not include all property in an approved
preliminary plan, or all remaining property where previously recorded
plats of a portion of the subdivision have been recorded:
1. In a residential subdivision, no property may be excluded resulting
in a tract less than ten (10) acres in area or any resulting side
of an excluded tract less than three hundred (300) feet in length,
unless such a side is the original boundary of the original legally-existing
tract. Until subdivided, such excluded tract is a developable lot,
on which no more than one (1) residence may be constructed; unless
the excluded tract is located in the PD Planned Development District
or unless the development is a planned development, in which case
the excluded property is not developable and does not constitute a
lot of record for any purpose under the Zoning Code or until included
in a record plat.
2. In a non-residential subdivision, excluded property is not developable
and does not constitute a lot of record for any purpose under the
Zoning Code or these regulations until included in a record plat.
B. The
record plat shall be prepared by a land surveyor 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 from an accurate survey
on one (1) or more sheets whose maximum dimensions are thirty-six
(36) inches by forty-two (42) inches. In certain unusual instances
where the subdivided area is of unusual size or shape, the Director
of Public Works may permit a variation in the scale or size of the
record plat. If more than one (1) sheet is required, a key map on
sheet no. 1 showing the entire subdivision at reduced scale shall
be provided.
C. The
record plat shall show the following information:
1. North arrow and graphic scale.
2. Boundary lines within the out boundary lines of the subdivision with
accurate distances and bearings; also all section, U.S. Survey, township
and range lines; boundary lines of municipalities, sewer, schools,
and other legally established districts with the name of or description
of any of the same adjacent to or abutting on the subdivision.
3. The lines of all proposed streets and alleys with their widths and
names.
4. An accurate delineation of any property offered for dedication to
public use.
5. The line departure of one street from another.
6. The boundary lines of all adjoining lands and the right-of-way lines
of adjacent streets and alleys with their widths and names.
7. All lot lines and an identification system for all lots and blocks.
8. Building lines, including minimum side and rear yard setbacks on
each lot and easements or rights-of-way provided for public or private
use, services, or utilities, with figures showing their dimensions,
and listing types of uses that are being provided.
9. All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, building lines, and of any other
areas for public or private use. The linear dimensions are to be expressed
in feet and decimals of a foot.
10. All survey monuments, together with their descriptions.
11. Area in square feet for each lot or parcel on the plat or a supplemental
sheet showing same.
12. Name of subdivision and descriptions of property subdivided, showing
its location and area.
13. Certification by the land surveyor who performs the property survey
to the effect that the plat represents a survey made by him/her, and
that locations of all required survey monuments, installed or to be
installed, are correctly shown thereon. Also, month and year during
which the survey was made.
14. Private restrictions and trusteeships where required by ordinance
and their periods of existence. Should such restrictions and trusteeships
be of such length as to make lettering of same on the plat impracticable,
thus necessitating preparation of a separate instrument, reference
to such instrument shall be made on the plat.
15. Subdivision names approved on the record plat shall constitute a
subdivision's official name. When a subdivision name has been changed,
all subsequent plats submitted for processing shall reference the
original name, which should include names recorded on site development
plans. Any other name used for advertising or sales purposes does
not constitute an official revised name unless approved on a plat
of record approved by the City Council.
16. If developer places restrictions on any land contained in the subdivision
that are greater than those required by the Zoning Code, or these
regulations such restrictions or references thereto should be indicated
on the plat.
17. Zoning district and zoning district boundary line when property is
located in more than one (1) district, or planned district and ordinance
number, or date of ordinance when applicable.
18. Cumulatively, all record plats shall contain enough common land to
support the lots platted. All remaining common ground is to be platted
with the recording of the final lot, unit or phase of the development.
D. The
following items shall be submitted with and included as part of the
record subdivision plat:
1. Guarantee of installation of water mains and supply of potable water.
2. Street lighting contract for Union Electric. Submittal of contract
is optional and is to be accepted in lieu of an increase value for
escrow of actual construction costs.
3. Verification of street names and addresses from U.S. Postal Service,
Customer Services Department.
4. Verification of location of fire hydrants and adequacy of water supply
from applicable fire district.
5. Tax certificate or copy of paid tax bill from the office of the St.
Louis County Collector of Revenue.
6. Verification of payment of all inspection fees, where applicable.
7. Subdivision processing fees.
8. Any special study or engineering calculations required.
9. Trust indenture and warranty deed for common land conveyance, accompanied
by a letter of compliance from an attorney.
10. Letter from M.S.D. certifying connection fees have been paid.
11. Certification of proper placement of all outboundary survey monuments
by a land surveyor.
12. Certificate of clear title. The record plat shall be accompanied
by a statement 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 dedication of the
streets and other public place are clearly shown on the plat.
E. Any
land dedication to the City for park purposes in a subdivision shall
be conveyed to the City free and clear of all encumbrances at the
same time the plat of subdivision is filed, said deeds to be without
restrictions or covenants except requirement that the land be used
for park purposes without reversion and with references to the subdivision,
if any, on which the land is shown.
[CC 1976 §24½-43; Ord. No. 94-12, §1(Art. 5, §24½-5.3), 2-28-1994]
A. In
any case where the establishment of common land (including pedestrian
walkways and cul-de-sac islands), private streets, private street
lighting, drainage facilities such as detention basins, drainage pipes,
ditches or any other improvement that requires continuous maintenance,
a trust indenture shall be recorded simultaneously with the record
plat. The trust indenture shall provide for proper maintenance and
supervision by the trustees who are selected to act in accordance
with the terms of such indenture and the applicable provisions of
this Chapter. For single lot developments and developments with no
common ground, the Director of Public Works may accept script certifying
the means of maintenance on the record plat. Common land shall be
conveyed by the owner in fee simple absolute title by warranty deed
to trustees whose trust indentures shall provide that the common land
be used for the benefit, use, and enjoyment of the lot owners present
and future. It shall be the responsibility of the trustees of the
subdivision to maintain the common land. No lot owner shall have the
right to convey his/her interest in the common land except as an incident
of the ownership of a regularly platted lot.
B. Any
trust indenture required to be recorded, or recorded for the purpose
of compliance with provisions of this Chapter or the Zoning Code,
shall provide for not less than the following representation to purchasers
of developed lots among the trustees: One-third (⅓) of the
trustees shall be chosen by purchasers of developed lots after fifty
percent (50%) of the lots have been sold; two-thirds (⅔) of
the trustees shall be chosen by purchasers of developed lots after
ninety-five percent (95%) 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. Where
the provisions of a trust indenture recorded pursuant to these regulations
cannot be fulfilled by reason of unfilled vacancies among the trustees,
the City Council may upon the petition of any concerned resident or
property owner of the subdivision, appoint one (1) or more trustees
to fill vacancies until such time as trustees are selected in accordance
with the trust indenture. Any person so appointed who is not a resident
or property owner within the subdivision shall be allowed a reasonable
fee for his/her services by the order of appointment, which fee shall
be levied as a special assessment against the property in the subdivision,
and which shall not be subject to any limitation on special assessments
contained in the trust indenture or elsewhere.
D. Each
trust indenture and warranty deed shall be accompanied by a written
legal opinion from an attorney, setting forth the attorney's legal
opinion as to the legal form and effect of the deeds and trust indenture.
The deeds and indenture shall be approved by the Director of Public
Works and the City Attorney prior to being filed with the Recorder
of Deeds simultaneously with the recording of the record plat.
E. The
term of any indentures recorded pursuant to these regulations shall
be for the duration of the subdivision. In the event 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 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 land, and no interest in the common
land 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 land whether
or not expressly mentioned in the deed; provided however, that no
right or power conferred upon the trustees shall be abrogated.
[CC 1976 §24½-44; Ord. No. 94-12, §1(Art. 5, §24½-5.4), 2-28-1994]
A. A subdivision
may be developed in two (2) or more phases; said phases shall be clearly
indicated on the plat. The record plat for each phase shall include
all previous phases and a reference to the book and page of their
recording, and all future phases. Areas designated as future phases
need not indicate easements or parking and drive locations to be developed
when such future phases are recorded. Improvement plans and installation
or guarantee of improvements are not required for area designated
as future phases, except that the City may require such improvements
as are necessary to serve the phase proposed for present development.
B. Subdivision
record plats, or the phase proposed for present development of tracts
to be developed in phases shall establish all necessary easements
and parking and drive locations. The plat shall contain script restricting
parking and drive areas to such purposes.
[CC 1976 §24½-45; Ord. No. 94-12, §1(Art. 5, §24½-5.5), 2-28-1994]
Following the recording of the record plat, one (1) original
copy of the subdivision plat bearing the St. Louis County Recorder's
signature, seal, and notation as to plat book and page on reproducible
mylar as approved by the Director of Public Works, shall be returned
to the City, along with similarly recorded copies of any deed restrictions
accompanying it before any permits for any manner of construction
will be issued.