[Ord. No. 304 §§1 — 2, 2-26-2001]
This Chapter and any amendments thereto shall be known, cited, and referred to as the "Subdivision Regulations of the City of Green Park".
[Ord. No. 304 §§1 — 2, 2-26-2001]
The purpose of this Chapter is to promote the public health, safety and general welfare of the City of Green Park by regulating the division and redivision of land in order to lessen congestion in the streets and highways, further the orderly development and appropriate use of land, establish accurate records of land subdivisions, protect land title, implement the City's Comprehensive Plan and coordinate the provision of transportation, water, sewerage and public utility facilities.
[Ord. No. 304 §§1 — 2, 2-26-2001]
The following words, terms and phrases, for the purpose of this Chapter, shall have the meanings ascribed to them in this Section, except where context clearly indicates a different meaning:
The Board of Aldermen of the City of Green Park.
A line on a plat between which line and street or private place no buildings or structures may be erected.
The Planning and Zoning Commission of the City of Green Park.
A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board.
[Ord. No. 712 § 1, 11-16-2015]
The method used to described a tract of urban land intended to be used for dwelling or other purposes so that it can be recorded in the St. Louis County Recorder's office, as contrasted with the description of a part of a properly approved and recorded subdivision plat by the lot and block number.
A map, drawing or chart on which the subdivider's plan of the subdivision is presented and submitted for approval with the intention of recording in final form.
[Ord. No. 712 § 1, 11-16-2015]
The division of land into two (2) or more tracts, sites or parcels;
Condominium creation or conversion;
Dedication or establishment of a road, highway or street through a tract of land regardless of area;
Resubdivisions of land divided or platted into lots, sites or parcels.
Any sale or contract of sale or agreement to purchase any lot or subdivision of land by metes and bounds as defined herein shall constitute a subdivision of land and require, prior to any sale or contract of sale or agreement to purchase and before the delivery of a deed, the submission of a plat to the Commission as required by law. The term "subdivision" shall be applicable and the provisions of this Chapter shall apply, any precedent, custom or usage to the contrary notwithstanding, to the creation of one (1) or more additional lots by the division, subdivision or dividing up of property used as a single residential lot upon which only a single residence had been situated. |
[Ord. No. 304 §§1 — 2, 2-26-2001]
A.
Introduction. In seeking to subdivide or resubdivide any tract of land within the City, the owner or his/her authorized agent, hereafter referred to as the subdivider, shall follow the procedures in this Chapter relating to preliminary plats, improvement plans and final plats.
B.
Application. In seeking to subdivide or resubdivide any tract or parcel of land within the City, the subdivider shall:
1.
Confer with the Zoning Administrator or other designated City Official in order to become thoroughly familiar with the City's regulations and requirements affecting the territory in which the land in question lies, and obtain copies of all ordinances pertaining to the procedure and requirements for subdivision of land; and
2.
File with the City Clerk fifteen (15) copies of the appropriate application on a form provided by the Clerk and approved by the Commission. The application shall include such fee as may be prescribed herein as well as such additional information as the Commission may require. The Clerk shall forward the application to the Zoning Administrator or other designated official.
C.
Processing Cost Deposit And Fees.
1.
Review of subdivision applications.
a.
A processing cost deposit in the amount set forth in Section 400.120 shall be paid to the City at the time a preliminary plat is filed in the City Clerk's office. This deposit is for the purpose of providing funds for professional and administrative costs incidental to the review and processing of plats, whether preliminary or final, and improvement plans. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any given plat or improvement plan shall be paid for out of the deposited amount. The costs and expenses incurred by the City, to be deducted from the deposit, shall be determined by the City Clerk from specific review billings submitted to the City by the City Engineer, the City Attorney or any other retained consulting professionals.
b.
After final determination and disposition by the City of any subdivision plat, at whatever stage that may occur, any portion of the deposited monies not expended or budgeted for expenditures shall be returned to the subdivider; provided however, that regardless of the amounts not expended or budgeted for expenditures, the City shall retain a minimum amount of two hundred dollars ($200.00) from the processing cost deposit. Likewise, any costs or expenses incurred by the City in excess of the deposited amount shall be paid to the City within thirty (30) days from the final determination or disposition by the City. At the time of the final determination, the City Clerk shall prepare for the subdivider a list of costs or expenses, along with a determination of any amount due the City or any amount to be refunded to the subdivider.
c.
The processing cost deposit required herein shall be separate from and is not intended to include any building, improvements, grading or any other inspection or permit fees or any escrow monitoring fees established in this or any other ordinance.
2.
Other fees.
a.
Any fees for boundary adjustments, buildings, improvements, grading or any other land use applications, inspections or permit fees or any escrow monitoring fees as established in this or any other ordinance shall be collected for the purpose of providing funds to cover professional and administrative costs incidental to the review, inspection and/or processing of the specified application. Any costs or expenses incurred by the City as a result of the submission, review, inspection and final determination of any given application shall be paid for out of the prescribed fee. The costs and expenses incurred by the City shall be determined by the City Clerk from specific review of billings submitted to the City by the City Engineer, the City Attorney and/or any other retained consulting professionals.
b.
Upon final determination or disposition by the City of any given application, at whatever stage that may occur, any portion of the prescribed fee not expended or budgeted for expenditures shall be returned to the applicant; provided however, that regardless of the amounts not expended or budgeted for expenditures, the City shall retain a minimum amount of two hundred dollars ($200.00) from the prescribed fee. Any costs or expenses incurred by the City in excess of the prescribed fee shall be paid to the City within thirty (30) days from the notification of final determination or disposition by the City. At the time of the final determination or disposition or as soon thereafter as practical, the City Clerk shall prepare for the subdivider a list of costs or expenses, along with a determination of any amount due the City or any amount to be refunded to the subdivider.
D.
Boundary Adjustments.
1.
The division or consolidation of land involving either (1) the sale or transfer of parcels of land to or between adjoining property owners or (2) the consolidation of the use of adjoining parcels of land owned by a single property owner, when either of such actions does not create an additional lot nor reduce the original lot or lots below the zoning requirements of the applicable district or districts, shall be exempt from the subdivision requirements of this Chapter but shall require a boundary adjustment.
2.
Prior to such sale, transfer or consolidation a boundary adjustment plat shall be submitted to the Commission for its review and recommendation. The application shall include a fee in the amount set forth in Section 400.120 for the City's costs in reviewing and processing the plat, as well as such additional information as the Commission may prescribe. The Clerk shall forward the application to the Zoning Administrator or other designated official, who shall forward the application to the City Engineer for review and recommendation.
3.
The Commission shall forward the plat and its recommendation to the Board of Aldermen for the Board of Aldermen's consideration of the adoption of an ordinance approving same. If the Board of Aldermen deems that further investigation or inquiry is required, the Board of Aldermen may refer the boundary adjustment plat back to the Commission for its additional review and recommendation prior to making a determination. Such boundary adjustment, so approved, shall be recorded in the office of the St. Louis County Recorder of Deeds.
E.
Staggered Subdivisions. If a subdivider seeks to develop and/or record a subdivision in stages, the following procedure shall be followed:
1.
The subdivision review and approval process shall apply for each record plat intended to be recorded.
2.
The preliminary plat shall cover the entire tract of land intended to be subdivided.
3.
Each record plat shall conform with its corresponding section on the preliminary plat approved by the Commission. Any substantial deviation shall require the submission of a new preliminary plat.
4.
Only those improvements required to service the lots to be recorded need be installed prior to the record plat being approved by the City; alternatively, in lieu of said improvement installation, a bond or escrow agreement approved by the City may be posted to guarantee improvement installation and maintenance of improvements to lots indicated on any record plat as provided in Section 410.100 hereof.
F.
Condominium Plat. Unless otherwise required by law and in addition to the Minimum Land Development Standards found in Article V of these Subdivision Regulations, the platting requirements and procedures contained in this Section 410.040 shall govern condominium plats.
[Ord. No. 712 § 2, 11-16-2015[1]]
1.
Approval process. Prior to application, persons seeking condominium plat approval shall comply with the pre-application meeting procedure set forth in Section 410.040(B)(1) above, and afterward, the applicant may submit a final condominium plat as set forth below to the Planning and Zoning Commission for review and recommendation. If the Planning and Zoning Commission determines that the condominium plat meets the requirements of this Section and other applicable requirements, it shall recommend approval of the plat. If the Planning and Zoning Commission finds that the plat as submitted does not meet the requirements hereof it shall, at its discretion, either recommend denial of approval or postpone its review for a reasonable time to allow the applicant to bring the plat into compliance as directed by the Commission. Once a recommendation has been made by the Planning and Zoning Commission and after the Board of Aldermen has approved the plat, the City Administrator or Secretary of the Planning Commission is hereby authorized and directed to endorse upon the condominium plat the approval of the Board of Aldermen under the seal of the City.
2.
Compliance with the uniform condominium act. All condominium plats proposed for approval shall comply with the Uniform Condominium Act, Chapter 448, Sections 448.1-101 to 448.4-120, RSMo., as amended, and must be prepared by a registered land surveyor or professional engineer.
3.
Submission requirements.
a.
Record condominium plat. A record condominium plat shall be prepared and submitted by a registered land surveyor or engineer, at a scale of one (1) inch equals fifty (50) feet to one (1) inch equals one hundred (100) feet in any increments of ten (10) feet on one (1) or more sheets whose maximum dimensions are twenty-four (24) inches by thirty-six (36) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the City Administrator 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.
b.
Site plan. In addition to the record condominium plat, the applicant shall submit a site plan in compliance with the specifications of Section 405.450(B)(2)(d) and (e). The applicant shall prepare and submit to the City Administrator seven (7) copies of the site plan and record plat (as set forth in Section 410.040(B)(2)), a reduced copy of the plat measuring eleven (11) inches by seventeen (17) inches and an electronic copy of the plat. The submission shall be made in compliance with the submission schedule of deadlines established by the City Administrator.
4.
Condominium plat, minimum contents. The condominium plat must show the following:
a.
The name of the condominium, which shall include the word "condominium" or be followed by the words "a condominium" and the association;
b.
The name and survey or general layout of the entire condominium;
c.
The location and dimension of all real estate not subject to development rights, or subject only to the development rights to withdraw, and the location and dimensions of all existing improvements within that real estate;
d.
A description of any encroachments by or upon and portion of the condominium;
e.
Indicate the location with reference to an established datum of any horizontal unit's boundaries and that unit's identifying number;
f.
Indicate any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate";
g.
Indicate the distance between non-contiguous parcels of real estate comprising the condominium;
h.
Indicate the location and dimension of limited common elements, indicate porches, balconies, and patios, other than parking spaces and other limited common elements; and,
i.
The plat shall label any contemplated improvement shown as either "SHALL BE BUILT" or "NEED NOT BE BUILT."
5.
Declaration and bylaws. Each application for a condominium plat shall be accompanied by the submission of the condominium declaration and bylaws which shall include a clear statement of the governing responsibilities for maintaining and common areas.
6.
Review. The City Engineer, or his/her designee shall review the plat and associated site plan in regard to standards of these regulations upon receipt of a complete application and provide any comments for revision to the applicant, directing the applicant to provide fifteen (15) copies and an electronic copy in a format suitable to the standards of the City to the City Administrator for inclusion on the next available Planning and Zoning Commission agenda.
7.
Common areas and maintenance. All condominium associations shall be responsible for traffic and parking control, snow removal, sewers, water lines and lighting of the common areas. Non-residential condominiums shall be required to provide cross maintenance and parking agreements. The City shall have the right of easement to enter such common areas for the purpose of emergency for fire, police, and enforcement of its Code and the plat shall so provide. Such common areas shall remain the property of the condominium and the City shall not accept a dedication of these elements or the responsibility of maintenance.
8.
Improvement plans. Improvement plans in accordance with Section 410.080 shall be submitted along with the other submittals when public improvements are being installed and/or other site development work is proposed to be undertaken. Where improvement plans are required, the requirements for improvement guarantees (Section 410.100) will also be applicable.
9.
Setbacks, lot dimensions and lot lines. For zoning, subdivision and building code purposes, the applicable lot lines for setback, lot dimension and firewall purposes are those of the entire parcel that is the subject of the condominium plat and held in common by the unit owners. The lines within the walls and roof/ceiling surrounding each tenant space delineate ownership rights under a condominium form of ownership but shall not be considered separate "lots" for certain zoning, subdivision and building code purposes.
G.
Miscellaneous Provisions.
1.
Building and repair permits in unapproved subdivisions. The Building Commissioner shall not issue building or repair permits for any structure located on a lot in any subdivision, the plat of which has been prepared after the date of adoption of this Chapter 410 but which has not been approved in accordance with the provisions contained in this Chapter 410.
2.
Plat to be approved. No plat of any subdivision shall be entitled to be recorded with the St. Louis County Recorder of Deeds or have any validity until it shall have been approved in the manner prescribed in this Chapter 410.
3.
Sale by metes and bounds. No person shall sell or attempt to sell a lot by metes and bounds in violation of this Chapter 410.
4.
Variations and exceptions. Whenever the strict enforcement of the regulations under this Chapter would entail unusual, real or substantial difficulties or hardships, the Commission and Board of Aldermen may vary or modify them in such a way that the subdivider is allowed to plan and develop the property and record a plat of the same without unjust difficulties and expenses, but at the same time the public welfare and interests of the City are fully protected and the general intent and spirit of the regulations preserved.
5.
Changes or amendments. Any regulations or provisions of this Chapter may be changed and amended from time to time by the Board of Aldermen; provided however, that such changes or amendments shall not become effective until after a study and report by the Commission and a public hearing before the Board of Aldermen.
[Ord. No. 304 §§1 — 2, 2-26-2001]
Where a preliminary plat, improvement plan, site plan (as required by the City's Zoning Code, see Chapter 405), or any other proposed activity indicates that extensive grading or clearing is probable as determined by the City Engineer, a grading permit as provided in Chapter 411 of this Code shall be required.