[Ord. No. 105 §1, 6-23-1987]
Approval By Board of Aldermen. No tract of
land in the City of Dardenne Prairie, Missouri, may be subdivided,
nor shall any plat thereof be recorded in the St. Charles County Recorder's
office, unless a final plat thereof is first approved by the Board
of Aldermen of the City of Dardenne Prairie, Missouri. The requirements
of this Chapter are in addition to the requirements of the zoning
ordinances of the City and no land use nor any construction, alterations
or destruction of any structure shall be allowed that is not in compliance
with this Chapter and the zoning ordinances of the City. Before voting
to approve or disapprove any proposed final plat, the Board of Aldermen
shall receive the report and recommendation of the Planning and Zoning
Commission on such proposed final plat. In the event the Planning
and Zoning Commission has disapproved a proposed final plat, the Board
of Aldermen may only approve such proposed final plat by the affirmative
vote of at least four (4) of its members.
[Ord. No. 105 §2, 6-23-1987; Ord. No. 639 §1, 5-15-2003]
A.
The
requirements of this Chapter do not apply to the following types of
land subdivision:
1.
The division or subdivision of land into parcels or tracts of three
(3) acres or more in size which does not improve any new public streets
or easements of access, provided no illegal zoning lot is created.
2.
Recording of a subdivision plat shall not be required in case of
the sale or exchange of parcels of land between owners of adjoining
properties for the purpose of adjustments in boundaries, provided
that additional lots are not thereby created; that the original lots
are not reduced below the minimum sizes required by this Chapter or
the zoning ordinance; and that a survey of the adjustments of boundaries
is recorded with the Recorder of Deeds of St. Charles County.
3.
The conveyance of parcels of land or interests therein for use as
a right-of-way for railroads or other public utility facilities or
other pipelines which do not involve any new streets or easements
of access.
4.
The conveyance of land for highway or other public purposes or grants
or conveyance relating to the vacation of land impressed with a public
use.
5.
Conveyances made to correct description of prior conveyances.
[Ord. No. 105 §3, 6-23-1987]
The Zoning Commission previously appointed by the Board of Aldermen
is hereby appointed as the Planning and Zoning Commission of the City
of Dardenne Prairie. All proposed preliminary plans, improvement plans
and final plats required by this Chapter shall be submitted to the
Planning and Zoning Commission for review. The Planning and Zoning
Commission shall approve or disapprove any proposed preliminary or
final plat within sixty (60) days after its submission to the Planning
and Zoning Commission at a public meeting of the Planning and Zoning
Commission, except that the Planning and Zoning Commission may extend
such sixty (60) day period with the consent of the applicant. If the
proposed plat is not approved or disapproved within such sixty (60)
day or extended period, it shall be deemed approved by the Planning
and Zoning Commission. Approval of the proposed final plat by the
Planning and Zoning Commission is subject to review by and approval
of the Board of Aldermen. The Planning and Zoning Commission shall
state the reasons for any disapproval of any plat.
[Ord. No. 105 §4.1, 6-23-1987; Ord. No. 372 §1(4.1), 1-21-1999; Ord. No. 1053 §16, 9-13-2006]
A.
Fees
are contained in the City zoning ordinance and are to be paid by all
entities submitting actions for consideration by the Planning and
Zoning Commission and Board of Aldermen of the City of Dardenne Prairie
and shall cover the initial administrative costs of publication, notification
and administration. Costs associated with plan review and processing
shall be paid in addition to the fees and shall be paid separately
on an hourly rate and reimbursable basis.
B.
Initial
administrative fees shall be paid at the time of application. Plan
review and processing costs will be billed separately.
C.
Construction Inspection. The City of Dardenne Prairie shall
charge the developer for inspection of all constructed improvements
to verify compliance with plans approved by the City. Charges shall
be invoiced based on hourly rates plus reimbursable expenses for work
associated with inspections of approved improvements and assurance
that construction conforms with the plans and City regulations.
[Ord. No. 105 §4.2, 6-23-1987; Ord. No. 570 §1, 6-20-2002; Ord. No. 1053 §17, 9-13-2006; Ord. No. 1684 §7, 5-15-2013]
A.
Two
(2) prints of preliminary plat shall be submitted to the Planning
and Zoning Commission by the submission deadline for the meeting at
which approval is requested per the current City of Dardenne Prairie
meeting calendar, which is on file at the office of the City Clerk.
At the discretion of the Planning and Zoning Commissioner, an aerial
photo of suitable scale may be required. The photo shall have superimposed
upon it the boundary of the property in question and any other information
as may be deemed necessary by the Planning and Zoning Commission.
The preliminary plat shall include the following identification and
information:
1.
Identification.
a.
Proposed name of the subdivision.
b.
Names of the owner and the engineer, surveyor or landscape architect
responsible for survey and design.
c.
North point, a scale of one (1) inch equals two hundred (200) feet
or larger and date.
d.
Approximate acreage in tract.
e.
A statement to the effect that "this plat is not for record" shall
be stamped or printed on all copies of the preliminary plat.
2.
Plat information.
a.
Location of boundary lines and their relation to established section
lines, fractional section lines or survey lines.
b.
Physical features of property including watercourses, ravines, bridges,
culverts, present structures and other features important to lot and
street layout, including off-street parking if applicable.
c.
Topography of tract with contour interval of one (1), two (2) or
five (5) feet.
d.
Names of adjacent subdivisions and/or property lines around perimeter
within one hundred (100) feet showing any existing streets, highways,
etc.
e.
Location and width of existing and proposed streets, roads, lots
(approximate dimensions), alleys, building lines, easements, parks,
school sites and other features of the proposed subdivision.
f.
Approximate gradients of streets will be shown.
g.
Designation of land use, whether for residential, commercial, industrial
or public use, and present zoning district.
h.
Designation of utilities to serve proposed subdivision.
i.
Record owner, party preparing plat and party for whom plat is prepared.
j.
Depict flood hazard boundaries as shown on FEMA maps.
k.
Off-site topography within three hundred (300) feet of the perimeter
of all natural drainageways to which site stormwater discharges occur
including all areas within twenty-five (25) feet from the top of the
existing stream bank or 100-year, twenty (20) minute water surface
elevation, where no defined bank exists.
3.
Stormwater management plan. A preliminary stormwater
management plan shall be submitted along with the preliminary plat.
[Ord. No. 105 §4.3, 6-23-1987]
A.
Preliminary
plat approval shall confer upon the subdivider the following rights
and privileges:
1.
The preliminary plat will remain in effect for a one (1) year period.
The applicant may, during this period, submit all or parts of said
preliminary plat for final approval. Submittal of a final plat that
is part of a preliminary plat will extend the approval of the preliminary
plat for an additional year. Any part of a subdivision which is being
developed in stages shall contain a tract of land at least one (1)
block in length.
2.
The general terms and conditions under which the preliminary plat
approval was granted will not be changed.
3.
The applicant may also proceed with detailed improvement plans required
for all facilities or utilities intended to be provided.
[Ord. No. 105 §4.3.1, 6-23-1987; Ord. No. 636 §§3 — 4, 4-17-2003; Ord. No. 1053 §18, 9-13-2006]
A.
The
purpose of this Section is to provide a procedure whereby the construction
of a display house can begin prior to the recording of the record
subdivision plat.
B.
The
developer may, after receiving approval of a preliminary plat of a
proposed subdivision from the Planning and Zoning Commission, submit
a display house plat to the City Engineer for review for every ten
(10) houses proposed, not to exceed ten (10) display houses. The display
house plat shall be on sheets not greater than twenty-four (24) by
thirty-six (36) inches and include a complete outboundary survey of
the proposed subdivision and the location of each display house in
relation to proposed lots. The script of said display house plat shall
contain terms and conditions as required by the Planning Department
including, but not limited, to the following:
1.
The display house plat shall be filed with the City of Dardenne Prairie
prior to issuance of a building permit for any display house;
2.
The display house plat shall become null and void upon the recording
of a record plat which establishes that each display house is on an
approved lot;
3.
No part of the proposed subdivision may be conveyed for any structure
therein until the display house or houses have been located in an
approved and recorded lot;
4.
If initial construction of a display house has not commenced within
ninety (90) days, the City Engineer's approval shall lapse and the
display house plat shall be null and void;
5.
The filing fee shall be per the fee schedule for services, permit
applications, plan reviews, inspections, rezonings and conditional
uses, which is on file in the office of the City Clerk.
6.
All permanent structures shall be located on an approved subdivided
lot by means of a record plat within one (1) year of the display house
plat approval or such longer period as may be permitted by the City
Engineer. If the record plat is not approved and recorded at the St.
Charles County Recorder of Deeds office within the one (1) year period
referred to above, the then owner shall remove or cause to be removed
all structures from the property. Failure of the then owner to remove
all structures from the property with ten (10) days of the end of
the one (1) year period referred to above shall constitute a violation
of this Chapter.
[Ord. No. 635 §1(4.3.2), 4-17-2003; Ord. No. 1053 §19, 9-13-2006; Ord. No. 1155 §1, 5-16-2007; Ord. No. 1191 §1, 8-15-2007; Ord. No. 1605 §1, 4-18-2012]
A.
Any
development greater than ten thousand (10,000) square feet or requiring
the preparation of complete improvement plans in accordance with this
Chapter as determined by the City Engineer shall be required to obtain
a grading permit from the City of Dardenne Prairie. Once the preliminary
plat or PUD Area Plan has been approved by the Planning and Zoning
Commission, the grading permit process shall be as described herein.
Grading plans may be submitted to the City Engineer as part of the
improvement plans or separately prior to the submission of improvement
plans; however, a grading permit shall be submitted and processed
in either case.
B.
Filing Procedures. The applicant shall submit two (2) copies
of the proposed grading plan and a completed application form to the
City Engineer. Additional copies shall be requested upon review by
the City Engineer. The grading plan shall be on sheets not greater
than twenty-four (24) by thirty-six (36) inches.
C.
Information Required. The following information is required
for all grading plan submittals for approval. The required information
may be combined for presentation on one (1) or more drawings or maps.
In the interests of clarity, speed and efficiency in the review process,
the City Engineer may request that information in addition to the
grading plan be presented on drawings or maps. In all cases, the grading
plan submission must minimally include the following:
1.
The grading plan shall be of a scale not to be greater than one (1)
inch equals twenty (20) feet nor less than one (1) inch equals two
hundred (200) feet and of such accuracy that the City Engineer can
readily interpret the plan and shall include more than one (1) drawing
where required for clarity.
2.
The property is identified by lot lines and location, including dimensions,
angles and size, correlated with the legal description of said property.
The grading plan shall be designed and prepared by a qualified land
planner, registered professional architect and engineer or land surveyor.
It shall also include the name and address of the property owner(s),
developer(s) and designer(s).
3.
It shall show the scale, north point, boundary dimensions, natural
features such as woodlots, streams, rivers, lakes, drains, topography
(at least five (5) foot contours intervals; when terrain is irregular
or drainage critical, contour interval shall be at least two (2) foot)
and similar features. All topographic data shall directly relate to
U.S.G.S. datum.
4.
It shall show existing manmade features such as buildings, structures,
easements, high tension towers, pipelines, existing utilities such
as water and sewer lines, etc., excavations, bridges, culverts and
drains and shall identify adjacent properties within three hundred
(300) feet and their existing uses.
5.
Any proposed alterations to the topography or other natural features
are indicated.
6.
All filled places under proposed storm and sanitary sewer lines,
building areas and/or paved areas and stormwater detention basin berms
shall be compacted to ninety percent (90%) of maximum density as determined
by the Modified AASHTO T-180 Compaction Test or ninety-five percent
(95%) of maximum density as determined by the Standard Proctor Test
AASHTO T-99.
7.
All fill placed in proposed roads areas shall be compacted from the
bottom of the fill up to ninety percent (90%) of maximum density as
determined by the Modified AASHTO T-180 Compaction Test or ninety-five
percent (95%) of maximum density as determined by the Standard Proctor
Test AASHTO T-99. All tests shall be verified by a soils engineer
concurrent with grading and backfilling operations.
8.
A sediment and erosion control plan. The sediment control plan must be implemented in accordance with the land disturbance permit issued for the proposed grading activities pursuant to Chapter 412.
9.
Development along natural watercourses shall have residential
lot lines, commercial or industrial improvements, parking areas or
driveways set back a minimum of twenty-five (25) feet from the top
of existing stream bank or fifteen-year, twenty-minute water surface
elevation, where no defined bank exists. The watercourse and twenty-five-foot
setback area shall be maintained and made the responsibility of the
subdivision trustees. Residential lots having an area of one (1) acre
or greater shall be exempt from this regulation if the stream bank
is not erosive. In the case of a site plan, commercial or industrial
site, the watercourse and twenty-five-foot setback area shall be maintained
and made the responsibility of the property owner. Permanent native
vegetation and existing ground elevation and grades within the twenty-five-foot
setback shall be left intact and undisturbed. Variances will include
designed stream bank erosion control measures and shall be approved
by the appropriate government agency, which has jurisdiction over
the land and/or development in question. FEMA and United States Army
Corps of Engineers' guidelines shall be followed where applicable
regarding site development areas designated as floodplains and wetlands.
[Ord. No. 1887, 10-18-2017]
10.
Retaining walls that exceed a height of thirty (30) inches shall
require the construction of permanent safety guards at the top of
the wall. Safety guards shall be constructed as identified in the
appropriate Section(s) of the adopted building codes pertaining to
open-sided walking surfaces or created by installing and maintaining
a barrier comprised of dense vegetation that is at least forty-two
(42) inches tall and approved by the Code Enforcement Officer of the
City.
D.
The
City Engineer is authorized to promulgate rules and regulations for
erosion and sediment management practices not inconsistent with the
grading standards herein contained.
E.
A grading
permit shall be issued and shall remain in force only upon compliance
with the following requirements:
1.
Surface waters — damage. Adequate provision
shall be made to prevent surface waters from damaging the cut face
of an excavation or the sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever necessary to prevent the surface
of any excavation or fill from exceeding at any point the maximum
allowable slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain,
natural watercourse or street as approved by the City Engineer or
his/her designee as a suitable place to deposit and receive such waters.
4.
Protection of streets/property. No excavation shall
be made so close to the property line to endanger any adjoining public
or private street without supporting and protecting such public or
private street or property from settling, cracking or other damage.
5.
Fill/location. No fill shall be made so as to cause
or to allow the same to be deposited upon or to roll, flow or wash
upon or over the premises so affected; or upon or over any public
street, walk, place or way; nor so close to the top of a bank of a
channel as to create the possibility of bank failure and sliding.
At a minimum, a setback of twenty-five (25) feet shall be provided
as a buffer to sensitive areas.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of cut areas, borrow pits or other
approved source. Material shall be free of vegetative matter and deleterious
material and shall not contain rocks in excess of six (6) inches in
diameter, where compacted by rollers or other mechanical equipment.
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows; however, more stringent standards may
be required based on site conditions:
a.
The adjoining ground to development sites (lots) shall be provided
with protection from accelerated and increased surface water, silt
from erosion, and any other consequences of erosion. Runoff water
from developed areas (parking lots, paved sites and buildings) above
the area to be developed shall be directed to diversions, detention
basins, concrete gutters and/or underground outlet systems.
b.
Federal Emergency Management Agency (FEMA) and U.S. Army Corps of
Engineers guidelines shall be followed where applicable regarding
site development areas designated as floodplains and wetlands.
c.
All lots shall be seeded and mulched or sodded before an occupancy
permit shall be issued, except that a temporary occupancy permit may
be issued by the Building Department in cases of undue hardship because
of unfavorable ground conditions.
8.
Compaction. All fills intended to support buildings
or structures or sewers and conduits shall be compacted to a minimum
of ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1557, unless a lesser percent is recommended to and approved
by the City Engineer or his/her designee. Compaction of greater than
ninety percent (90%) may be required where special conditions dictate
(i.e., large structures, dams). Compaction of fills for buildings
or structures must be certified by a registered professional engineer.
Compaction of other fills shall be required where necessary as a safety
measure to aid in preventing the saturation, slipping or erosion of
the fill. The requirements of the City Engineer or his/her designee
for the compaction of fills shall include, but shall not be limited
to, the following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (2/10) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The natural ground surface shall be prepared by removing topsoil
and vegetation and by compacting the fill upon a series of terraces.
Hillside or slope fills shall require plowing or scarification of
original ground.
c.
Grading on slopes will require silt control at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
d.
Grading sites will require silting basins pursuant to erosion and
sediment control practices to prevent mud from washing onto adjacent
properties.
e.
If fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
f.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits, or in the embanked ends of fills.
Fill material shall not be placed, spread or rolled while the ground
is frozen or thawing.
g.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
h.
Compaction shall be by tamping, sheeps foot rollers, multiple wheel
pneumatic or other approved methods. Rolling shall be continuous until
the desired maximum density is obtained.
i.
Density of the proposed fill(s) shall be submitted with the grading
permit application for approval by the City Engineer or his/her designee.
j.
Topsoil disturbed by grading or building operations if stripped and
piled for storage shall be stored only in an amount necessary to complete
finished grading.
9.
Removal of timber, rubbish, logs, trees, brush, vegetative matter
and rubbish of any description shall be removed and disposed of so
as to leave the disturbed area with a neat and finished appearance.
Timber, rubbish, logs, trees, brush, vegetative matter and rubbish
of any description shall be removed to the following depths:
|
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Paved areas
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2 feet below subgrade
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Non-paved areas
|
2 feet below finished grade
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Solid rock, shale or similar materials shall be removed to a
depth of fifteen (15) inches below subgrade for paved area and two
(2) feet below finish grade for lawn area except where it is impractical
because of rock outcropping. Burning of material shall fall under
compliance of State Department of Natural Resources and local fire
protection district regulations.
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F.
Review Procedures. The City Engineer shall review the grading
plan for its conformance to standards and specifications set forth
in this Chapter and other applicable ordinances. The City Engineer
may request modifications in the grading plan. The City Engineer shall
then confer approval, conditional approval or disapproval of the grading
plan within forty-five (45) days of filing and shall notify the applicant
with written reasons for its action.
G.
Effect Of Grading Plan Approval. Grading plan approval shall
confer upon the developer, for a period of one (1) year from date
of approval, the conditional right that the general terms and conditions
under which the approval was granted will not be changed by the City
Engineer. This one (1) year period may be extended by the City Engineer
if the developer has applied in writing for such an extension and
the City Engineer determines a longer period should be granted due
to unusual circumstances. If an extension is not granted, the grading
plan approval is null and void. After approval of the grading plan,
the developer may proceed with the grading operations upon the final
direction of the City Engineer.
H.
Inspections
shall be made by the City Engineer or his/her designate during each
stage of fill operations and final approval shall be required upon
completion of operations. Applicant shall notify the City of the following:
[Ord. No. 635 §2, 4-17-2003; Ord. No. 1053 §20, 9-13-2006; Ord. No. 1188 §7, 8-15-2007]
A.
The
developer shall cause the "as-built" location of each storm-sewer
outfall of the project to be displayed on the "as-built" plans with
horizontal location of the end point of the outfall clearly labeled
and referenced to the project's boundary. In addition, the vertical
elevation of each outfall shall be labeled on the "as-built" plans
and shall be referenced to the project's vertical datum.
B.
Two (2) paper sets and one (1) digital copy in AutoCAD format of the "as-built" plans on sheets not greater than twenty-four (24) by thirty-six (36) inches shall be submitted to the City Engineer before the City shall release the escrow established insuring or guaranteeing the stabilization and revegetation of the site as described in Section 410.100 below.
[Ord. No. 635 §3, 4-17-2003; Ord. No. 1053 §21, 9-13-2006; Ord. No. 1155 §2, 5-16-2007]
The developer shall post a lender's or escrow agreement insuring or guaranteeing the stabilization and revegetation of the site. The lender's or escrow agreement shall be the same as set out in this Chapter and in the amount provided in Section 412.080.
[Ord. No. 635 §4, 4-17-2003; Ord. No. 1053 §22, 9-13-2006]
For the purposes of this regulation, the following words and
phrases shall have the meanings respectively ascribed to them by this
Section:
Refers to the currently adopted Building Code; please note
these regulations are designed to be used with the adopted codes as
a reference for minimum performance standards.
A schedule of activities, prohibitions of practices, maintenance
procedures and other management practices to prevent or reduce the
pollution of waters of the State. BMPs also include treatment requirements,
operating procedures and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal or drainage from raw material storage.
Both structural and non-structural measures to control, treat or prevent
stormwater runoff pollution within waters of the State. Structural
BMPs are engineered devices. Non-structural BMPs include, but are
not limited to, alternative site design, ordinance and zoning, education
and good housekeeping measures.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt or other materials.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
The wearing away of the land surface by the action of wind,
water or gravity.
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
The vertical location of the existing ground surface prior
to excavations or filling.
Federal Emergency Management Agency.
The placing of any soil, earth, sand, rock, gravel or other
substance on the ground.
The final grade or elevations of the ground surface conforming
to the proposed design.
Any excavation, filling or combination thereof.
A channel formed in the existing surface topography of the
earth prior to changes made by unnatural conditions.
A constructed ditch or channel designed for water flow.
Solid material, mineral or organic, that has been moved by
erosion and deposited in a location other than the point of origin.
Staked bales or silt fencing systems that function as a filter
and a velocity check to trap fine-grained sediment while allowing
satisfactory passage for stormwater runoff.
A lot or parcel of land or a contiguous combination thereof
where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and constructing improvements.
The usual boundaries, not the flood boundaries, of a stream
channel. The top of the natural incline bordering a stream.
[Ord. No. 105 §4.4, 6-23-1987; Ord. No. 1053 §23, 9-13-2006]
A.
After
the preliminary plat is approved by the Planning and Zoning Commission,
improvement plans prepared by an engineer for the subdivision of all
or any part of the tract shall be submitted to the City Engineer for
review and approval. If significant changes are to be made after the
improvement plans have been approved, the Planning and Zoning Commission
shall require that revised improvement plans be submitted. The applicant
shall submit two (2) copies of the proposed improvement plans and
a completed construction permit application form to the City Engineer.
Additional copies shall be requested upon review by the City Engineer.
Improvement plans shall be prepared on an exhibit not to exceed twenty-four
(24) inches by thirty-six (36) inches and shall contain the following
information:
1.
Title page, which shall include key map showing the relationship
of the area to be subdivided to the tract and which shall reflect
areas of the tract previously subdivided plus adjacent streets.
2.
North arrow and graphic scale.
3.
Title block showing name and address of developer and engineering
firm, as well as the engineer's seal.
4.
One (1) or more bench marks, U.S.G.S. or M.H.T.D. or others in or
near the subdivision to which the subdivision is referenced. No assumed
elevations will be accepted.
5.
List of standards and specifications followed, citing volume, section,
page or other references.
6.
Paving details conforming to St. Charles County Standard Specifications.
7.
Details of streets, existing and proposed sanitary sewers, storm
sewers and water mains, drainage channels and swales.
8.
Plans and profiles of streets and sewers scaled not less than one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical.
9.
Plans for sediment control will be submitted to and approved by the
City Engineer. A dollar amount equal to the proposed cost will be
included in the performance guarantee.
10.
Actual construction of such facilities and improvements may commence
prior to final plat approval if the detailed improvement plans have
been approved by the City Engineer, provided that such facilities
and improvements will be inspected throughout their construction.
Final plat approval will be contingent, in part, upon acceptable compliance
to County improvement and facility standards.
11.
After approval of the construction plans, a breakdown of quantities
and either estimated costs or actual prices on all public improvements
shall be submitted for review and approval if any escrow agreements
are required.
12.
Approvals need to be received by the City Engineer for water and
sanitary sewer plans and for proposed crossing of pipelines.
[Ord. No. 105 §4.5, 6-23-1987; Ord. No. 1053 §24, 9-13-2006; Ord. No. 1257 §1, 12-19-2007; Ord. No. 1569 §1, 6-15-2011; Ord. No. 1737 §1, 10-15-2014]
A.
Improvement Guarantee Required. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans ("required improvements") and guarantee maintenance of such improvements as required herein. Except as provided in Subsection (B), the developer shall either:
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the appropriate public
agency and establish a maintenance agreement and provide a deposit
to guarantee maintenance of such improvements as required herein;
or
2.
Establish a deposit under a deposit agreement with the City
of Dardenne Prairie guaranteeing the construction, completion and
installation ("construction deposit") and a separate deposit amount
for maintenance obligations ("maintenance deposit") as required herein
and for the improvements shown on the approved improvement plans within
the improvement completion period approved by the City Engineer, which
shall not exceed two (2) years.
B.
Exceptions.
1.
No guarantee or deposit is required with the City for sanitary
sewers, waterlines or other public improvements required by another
political subdivision of this State if such political subdivision
confirms that its requirements for assurance of completion are satisfied.
This provision shall not affect the intent or enforcement of any existing
guarantee, escrow or renewal, extension or replacement thereof.
2.
The City Engineer may require any specific improvement to be
installed prior to approval of the record plat where failure to install
such improvement prior to further development could result in damage
to the site or surrounding properties.
C.
Deposit Options. Deposits required by this Section
shall be in conjunction with a deposit agreement and may be in the
form of cash or letter of credit as follows:
1.
Cash deposited with the City Clerk to be held in an interest-bearing
account dedicated for that purpose, with all interest accruing to
the City to offset administrative and other costs of maintaining the
cash deposits;
2.
An irrevocable letter of credit drawn on a local financial institution meeting the requirements of this Subsection (C)(2), and acceptable to and in a form approved by the City Attorney and the City Engineer.
a.
The instrument may not be drawn on any financial institution
with whom the developer or a related entity has any ownership interest
or with whom there is any joint financial connection that creates
any actual or potential lack of independence between the institution
and the developer.
b.
As a condition to the acceptance of the irrevocable letter of credit by the City, the financial institution must certify to the City Engineer, in writing, that it was assigned a composite rating of either "1" or "2" under the Uniform Financial Institutions Rating System ("UFIRS"), as set forth in 62 FR 752-01, as amended, in the most recent examination of such financial institution's financial condition and operations by an appropriate agency of the United States Government. The financial institution need not explicitly disclose its composite rating; it need only disclose that it was assigned a composite rating meeting the requirements of this Subsection (C)(2)(b).
c.
Subsequent to issuing an irrevocable letter of credit and during the entire term thereof, any financial institution issuing an irrevocable letter of credit to the benefit of the City pursuant to this Section 410.130 shall maintain a composite rating of "1" or "2." If prior to release of such letter of credit such financial institution is assigned a composite rating of "3," "4" or "5" under the UFIRS by an appropriate agency of the United States Government, the financial institution must notify the developer and the City Engineer, in writing, that it no longer complies with this Subsection (C). Upon receipt of such notice, or written notice from the City to the financial institution and the developer upon the City's discovery that the financial institution no longer complies with the requirements of this Subsection (C), the developer must establish a replacement guarantee or deposit with the City, guaranteeing improvements pursuant to the provisions of this Section 410.130. If the developer fails to establish a replacement guarantee or deposit within thirty (30) days from the developer's receipt of notice required herein, the City Engineer shall declare the developer to be in default, and the City shall be entitled to any remedies available to it under this Section 410.130.
d.
The letter of credit shall provide that the issuing institution
will pay on demand to the City such amounts as the City may require
to fulfill the obligations herein and may be reduced from time to
time by a writing of the City Engineer. The letter of credit shall
be irrevocable for at least one (1) year and shall state that any
balance remaining at the expiration shall automatically be deposited
in cash with the City Clerk, unless a new letter of credit is issued
and agreed to by the City or the City issues to the institution a
written release of the obligations for which the letter of credit
was deposited. The developer shall pay a non-refundable fee of two
hundred dollars ($200.00) to the City with submission of a letter
of credit and one hundred dollars ($100.00) for any amendment or extension
thereto to partially reimburse the City's administration and
review costs in accepting and maintaining such letter of credit.
3.
Due to the costs of administering deposit guarantees/escrows
and the compliance with changing State regulations relating thereto,
any developer that elects to use a construction escrow in lieu of
completing the improvements, as otherwise provided for in this Chapter
and Section 89.410, RSMo., shall deposit an additional fee of five
hundred dollars ($500.00) that shall be used by the City to defray
costs of administration, legal costs, procedural changes, and other
costs not otherwise reimbursed to the City resulting from the City's
acceptance of such deposit guarantees. The developer shall be obligated
to reimburse the City for any additional costs, including, but not
limited to, reasonable attorneys' fees, above such deposit amount
arising in any way from the City's acceptance of a deposit/escrow
in lieu of completion of improvements. The developer may request a
refund of any principal amounts, if any, of any initial or supplemented
deposit above the costs attributable to the development during the
period of the escrow by written request made within thirty (30) days
after the developer has received a City approval of all categories
of improvements subject to such escrow.
D.
Amount Of Deposit. The amount of the deposit required
shall be calculated as follows:
1.
Construction deposit. The deposit required of a developer establishing a deposit agreement pursuant to Subsection (A)(2) shall be, in addition to the separate maintenance deposit sum, in the amount of one hundred ten percent (110%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements. The City Engineer shall adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements.
2.
Maintenance deposit. The deposit required of a developer pursuant to Subsections (A)(1) and (A)(2) for maintenance obligations shall be in the amount of ten percent (10%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements. The maintenance deposit shall be established by cash sum or submission of a separate letter of credit meeting the requirements of Subsection (C)(2).
E.
Deposit Agreement — Releases. The deposit
agreement shall be entered into with the City of Dardenne Prairie,
shall require the developer to agree to fulfill the obligations imposed
by this Section and shall have such other terms as the City Attorney
may require consistent with this Section. The agreement shall authorize
the City Engineer to release the cash or reduce the obligation secured
under the letter of credit as permitted herein. Such releases or reductions
may occur upon completion, inspection and approval by the City Engineer
of all required improvements within a category of improvements or
may occur from time to time as work on specific improvements is completed,
inspected and approved, provided, however, that:
1.
Releases — general. The developer shall
submit a written request for approval of release of the cash or the
letter of credit as to all or any part of the developer's obligation
only after construction, completion and installation of some phase
of work on the improvements indicated on the approved improvement
plans, receipt of requisite written notification from the appropriate
inspecting public authority and approval by the City Engineer and
only in the amounts permitted herein.
2.
Extension of completion period. If, at the
end of the improvement completion period, all the improvements shown
on the approved improvement plans have not been completed, the developer
may request and the City Engineer may grant an extension to the improvement
completion period for a period of up to two (2) years if after review
by the City Engineer such longer period is deemed necessary to facilitate
adequate and coordinated provisions for transportation, water, sewerage,
schools, parks, playgrounds or other public improvements, facilities
or requirements, so long as all guarantees are extended and approved
by the City Attorney; provided, that the City Engineer may require
as a condition of the extension execution of a new agreement, recalculation
of deposit amounts or satisfaction of new code requirements or other
reasonable conditions as may be needed to ensure that the extended
agreement fully complies with the terms of this Section.
3.
Construction deposit releases. After an inspection
of any specific improvements, the Board of Aldermen may, upon a recommendation
from the City Engineer, release up to ninety-five percent (95%) of
the original sum deposited for the construction of such specific required
improvements. Irrespective of any discretionary prior releases that
may be authorized after completion of any component of the guaranteed
improvements (i.e., less than all of the improvements in a given category),
the remaining amount held for any category of improvements for the
entire subdivision shall be released within thirty (30) days of completion
of all of the improvements in such category of improvement, minus
a retention of five percent (5%) which shall be released only upon
completion of all improvements for the subdivision. The City Engineer
shall establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of deposit
amounts, but such categories, components and line items shall in no
way modify or reduce the developer's guarantee as to all required
improvements, irrespective of any release or completion of any category
or underlying component or line item. All improvements in a category
shall be deemed complete only when:
a.
Each and every component and line item within a category for
the entire subdivision has been constructed and completed as required;
b.
The developer has notified the City Engineer in writing of the
completion of all components of the category, provided all necessary
or requested documentation and requests an inspection;
c.
The developer is not in default or in breach of any obligation
to the City under this Section, including, but not limited to, the
City Engineer's demand for maintenance or for deposit of additional
sums for the subdivision;
d.
The inspection has been completed and the results of the inspection
have been approved in writing by the City Engineer.
4.
Releases of the maintenance deposit amounts shall be as provided
elsewhere in this Section for maintenance deposits.
5.
Effect of release — continuing obligations. The developer shall continue to be responsible for defects, deficiencies
and damage to public streets and other required improvements during
development of the subdivision. No inspection approval or release
of funds from the construction deposit as to any component or category
shall be deemed to be City approval of improvement or otherwise release
the developer of its obligation relating to the completion of the
improvements until the final subdivision release on all improvements
and maintenance is issued declaring that all improvements have in
fact been constructed as required. Inspection and approval of any
or all required improvements shall not constitute acceptance of the
improvement by the City as a public improvement for which the City
shall bear any responsibility.
6.
Deficient improvements. No approval of required
improvements shall be granted for improvements that fail to meet the
specifications established herein or otherwise adopted by the City
Engineer.
7.
Final construction deposit release. Upon final
inspection and approval of all required improvements, the remaining
amount of the construction deposit shall be released; provided, that
no such funds shall be released on a final inspection until the development
of the subdivision is complete as determined by the City Engineer.
8.
Appeals. If the developer believes that a release or certificate of completion has been improperly denied, including, but not limited to, under Subsection (E) or (F), an appeal shall be filed with the City Administrator, and no such denial shall be deemed final until the City Administrator has ruled on the appeal, which ruling shall be no later than thirty (30) days after the date of receipt of the appeal by the City Administrator.
9.
Inspection Requests.
a.
The City Engineer shall inspect each category of improvement
or utility work within twenty (20) business days after a request for
such inspection has been filed with the City Engineer by the developer,
and no inspection shall be required until such request is received
by the City Engineer. For purposes of this Section, an "inspection
request" shall constitute and occur only on a completed written request
on a form that shall include:
(1)
The category of improvement reflected in the deposit
agreement that is requested to be inspected;
(2)
A certification from a professional engineer registered
in the State of Missouri that the category of improvement has been
installed and on the date of inspection application is maintained
and in conformance with the final approved improvement plans and all
applicable requirements thereto and is therefore ready for inspection;
and
(3)
A verified statement from the representative officer
of the developer attesting that the information in the inspection
request is true and accurate.
b.
Nothing herein shall preclude the City Engineer from completing
additional inspections at its discretion or as a courtesy to the developer.
F.
Maintenance Guarantee.
1.
Scope and duration. Upon commencement of installation
of the required improvements within the subject subdivision, the developer
shall be responsible for maintenance of the improvements, including
undeveloped lots, streets, sidewalks, common areas and storm and drainage
facilities, until the sooner of the (1) expiration of eighteen (18)
months after acceptance for public dedication of the specific improvement
by the City; or (2) expiration of eighteen (18) months after occupancy
permits have been issued on ninety-five percent (95%) of all of the
lots in the subdivision plat(s) subject to the deposit agreement.
Maintenance shall include repair or replacement of all defects, deficiencies
and damage to the improvements that may exist or arise, abatement
of nuisances caused by such improvements, removal of mud and debris
from construction, erosion control, grass cutting, removal of construction
materials (except materials to be used for construction on the lot
or as permitted by site plan) and street deicing and snow removal.
All repairs and replacement shall comply with City specifications
and standards. Any maintenance on improvements accepted by the City
for public dedication shall be completed under the supervision of
and with the prior written approval of the City Engineer. The maintenance
obligation for required improvements to existing public roads or other
existing public infrastructure already maintained by a public governmental
entity shall terminate on and after the date such improvements have
been inspected, deposit released and accepted by the Governing Body
of the governmental entity for dedication. Irrespective of other continuing
obligations, the developer's street deicing and snow removal
obligations shall terminate on the date a street is accepted by the
City for public maintenance.
2.
Maintenance deposit — amount — use.
a.
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection (G) and other remedies of this Code, shall be subject to the immediate order of the City Engineer to defray or reimburse any cost to the City of maintenance or repair of improvements related to the subdivision which the developer fails or refuses to perform. Such costs shall include off-site damage caused by deficiencies in the improvements or failure of maintenance. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the City Engineer shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City. The City Engineer shall have the authority to require the maintenance deposit to be placed or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.
b.
In determining the amount of maintenance deposit that shall
continue to be held, portions of the deposit amount that were attributable
to improvements that have been accepted by any third-party governmental
entity or utility legally responsible for the maintenance of the improvement
may be released upon such acceptance of the improvement by the entity.
The City Engineer may approve such further releases if it is determined
in his/her discretion, after inspection of the improvements, that
the total maintenance amount retained is clearly in excess of the
amount necessary for completion of the maintenance obligation, after
all reasonable contingencies are considered.
3.
Final maintenance deposit release. Upon expiration
of the maintenance obligations established herein, the City Engineer
shall cause a final inspection to be made of the required improvements.
Funds shall then be released if there are no defects or deficiencies
found and all other obligations are shown to be satisfied 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
City Engineer. This release shall in no way be construed to indemnify
or release any person from any civil liability that may exist for
defects or damages caused by any construction, improvement or development
for which any deposit has been released.
G.
Failure To Complete Improvements.
1.
The obligation and rights of the developer to construct, complete,
install and maintain the improvements indicated on the approved improvement
plans and provide for street maintenance shall not cease until the
developer shall be finally released by the City Engineer, nor shall
any deposit agreements or obligations hereunder be assignable or transferable
by the developer. Furthermore, in the event of default, abandonment,
or failure of the developer to complete the improvements, no other
person, firm or entity shall acquire (whether by contract, judicial
foreclosure or other means) any rights to the remaining escrow funds
as a developer without entering into a separate deposit agreement
with the City. If, after the initial improvement completion period
or after a later period as extended pursuant to this Section, the
improvements indicated on the approved improvement plans are not constructed,
completed, installed, accepted and maintained as required or if the
developer shall violate any provision of the deposit agreement, the
City Engineer may notify the developer to show cause within not less
than ten (10) days why the developer should not be declared in default.
Unless good cause is shown, no building or other permit shall be issued
to the developer in the subdivision during any period in which the
developer is in violation of the deposit agreement or this Chapter
relating to the subdivision. If the developer fails to cure any default
or present compelling reason why no default should be declared, the
City Engineer shall declare the developer in default and may take
any one (1) or more of the following acts:
a.
Deem the balance under the deposit agreement not theretofore
released as forfeited to the City, to be then placed in an appropriate
trust and agency account subject to the order of the City Engineer
for such purposes as letting contracts to bring about the completion
or maintenance of the improvements indicated on the approved improvement
plans or other appropriate purposes in the interest of the public
safety, health and welfare; or
b.
Require the developer or surety to pay to the City the balance
of the surety not theretofore released; or
c.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion or maintenance of the improvements indicated
on the approved improvement plans after recalculation in order to
allow for any inflated or increased costs of constructing or maintaining
the improvements.
2.
The failure of a developer to complete the improvement obligations
within the time provided by the agreement (or any extension granted
by the City), and including the payment of funds to the City due to
such failure or an expiration of a letter of credit, shall be deemed
an automatic act of default entitling the City to all remedies provided
in this Section without further or prior notice. It shall be the sole
responsibility of the developer to timely request an extension of
any deposit agreement if the improvements are not completed in the
original time period provided by the deposit agreement, and no right
to any extension shall exist or be assumed.
H.
Other Remedies For Default. If the developer or
surety fails to comply with the City Engineer's requirements
for payment as described above or fails to complete the improvements
as required or otherwise violates the deposit agreement provisions
and there is a risk that development will continue in the subdivision
without the timely prior completion of improvements or compliance
with deposit agreement provisions, the City Engineer may in addition
or alternatively to other remedies:
1.
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 City Engineer shall give the developer ten (10) days' written
notice of an order under this Subsection with copies to all sureties,
as appropriate, 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-day period after notice
is given, the City Engineer is not convinced by compelling evidence
that completion of the improvements is adequately assured and maintenance
of streets assured as provided herein, the City Engineer 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 surety, as appropriate, and a copy recorded with the Recorder
of Deeds. Public notice of said order shall be conspicuously and prominently
posted by the City Engineer 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 City Engineer.
a.
Public notice of order.
(1)
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF DARDENNE PRAIRIE CITY ENGINEER. 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 DARDENNE PRAIRIE CITY ENGINEER 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 CHAPTER
410 OF THE MUNICIPAL CODE OF THE CITY OF DARDENNE PRAIRIE.
(2)
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF DARDENNE PRAIRIE CITY ENGINEER. 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 DARDENNE PRAIRIE CITY ENGINEER
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 CHAPTER 410 OF THE MUNICIPAL
CODE OF THE CITY OF DARDENNE PRAIRIE, MISSOURI.
b.
The City Engineer shall not thereafter authorize construction
to take place contrary to the order. The suspension shall be rescinded
in whole or in part only when the City Engineer is convinced that
completion of the improvements is adequately assured in all or an
appropriate part of the subdivision and a guarantee of public street
maintenance has been provided; or
2.
Suspend the rights of the developer or any related entity to
construct structures in any development platted after the effective
date of such suspension throughout the City of Dardenne Prairie and
such incorporated areas as are under the City of Dardenne Prairie's
jurisdiction. The City Engineer shall give the developer ten (10)
days' written notice of an order under this clause with a copy
to sureties known to the City Engineer to have obligations outstanding
on behalf of the developer or related entities and shall record an
affidavit of such notice with the Recorder of Deeds. If, within the
ten-day period after notice is given, the City Engineer is not convinced
by compelling evidence that completion of the improvements is adequately
assured and maintenance of streets assured as provided herein, the
City Engineer shall order construction suspended. The order shall
be served upon the developer with a copy to the surety, as appropriate,
and a copy recorded with the Recorder of Deeds. The City Engineer
shall not thereafter authorize construction to take place contrary
to the City Engineer's order. The suspension shall be rescinded
only when the City Engineer is convinced that completion of the improvements
is adequately assured and public street maintenance is assured.
I.
Suspension Of Development Rights. From and after
the effective date of this Section, if a developer or any related
entity has a subdivision development improvement guarantee that is
in default, as determined by the City Engineer, including any escrow
or bond under any prior version of this Section:
1.
The City Engineer shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (H) of this Section; and
2.
The rights of the developer or any related entity to receive
development approval, which approval shall include, but not be limited
to, approval of any plat or deposit agreement for new or further development
in the City, shall be suspended. The suspension shall be rescinded
only when the City Engineer is convinced that completion and maintenance
of the improvements is adequately assured.
J.
Additional Remedies. If any party fails to comply
with any obligation of this Section, the City Engineer may recommend
that the City Attorney take appropriate legal action and may also
withhold any building or occupancy permits to this developer or related
entities until such compliance is cured. The City shall also have
the right to partially or wholly remedy a developer's deficiencies
or breached obligations under this Chapter by set-off of any funds
or assets otherwise held by the City of the developer to the maximum
extent permitted by law. Such set-off shall occur upon written notice
of such event by the City Engineer to the developer after the developer
has failed to timely cure the deficiencies. It shall be deemed a provision
of every deposit agreement authorized under this Section that the
developer shall pay the City's costs, including reasonable attorneys'
fees, of enforcing such agreement in the event that the developer
is judicially determined to have violated any provision herein or
in such agreement. The developer may appeal any decision taken pursuant
to this Section by filing an appeal to the City Administrator whose
decision shall be final.
[Ord. No. 1569 §1, 6-15-2011]
Before the developer's obligation to the City of Dardenne Prairie
is terminated, all required improvements shall be constructed under
the observation and inspection of the inspecting agency and accepted
for maintenance or given final approval by the City of Dardenne Prairie.
Approval of any preliminary or final plat or plan shall not create
a vested right in all or any portion thereof. Where a change in circumstances
or law or discovery of new facts occurs, the City Engineer may initiate
changes that would not cause an undue hardship in any such plat or
plan or portion thereof for which building construction has not substantially
commenced.
[Ord. No. 105 §4.6, 6-23-1987]
No subdivision plat or replat shall be filed for record or recorded
in the office of the Recorder of Deeds for St. Charles County, Missouri,
unless and until the approval of the City Clerk is endorsed thereon.
No lot shall be sold for such subdivision plat or replat until it
has been approved by the above and approved by the City Engineer and
filed for record in the office of the Recorder of Deeds of St. Charles
County, Missouri.
[Ord. No. 105 §4.7, 6-23-1987; Ord. No. 1053 §25, 9-13-2006]
A.
After
the preliminary plat has been approved by the Planning and Zoning
Commission, a final plat shall be prepared and submitted to the Commission
for approval by that body and by the Board of Aldermen. Before approving
the plat of all or part of a proposed subdivision, the Planning and
Zoning Commission shall require that the improvements will be satisfactorily
completed or an escrowed sum or lender's agreement has been placed
for the completion of the improvements. The approval of the Planning
and Zoning Commission shall be shown on the plat with the date of
such approval and over the signature of the Chairman or Secretary.
Two (2) prints of preliminary plat shall be submitted to the Planning
and Zoning Commission by the submission deadline for the meeting at
which approval is requested per the current City of Dardenne meeting
calendar which is on file at the office of the City Clerk. The original
plat shall show or be accompanied by the following information whether
for residential, commercial, industrial or public use, such as parks,
schools, churches, etc. The final plat shall be prepared on tracing
cloth, its equal or better and shall contain the following information.
B.
Identification. Sheet size maximum twenty-four (24) inches
by thirty-six (36) inches, minimum twelve (12) inches by eighteen
(18) inches.
C.
Plat.
1.
Accurate boundary survey with bearings and distances tied to surveyed
identification points (monuments).
2.
Locations of lots, streets, public highways, alleys, parks and other
features with accurate dimensions to decimals of feet, length and
radius of all curves.
3.
Building lines on front and side streets; location and dimension
of utility easements,
4.
Names of streets and lots numbered in logical order. Streets and
names of adjacent subdivision (if applicable) and/or adjacent property
owners within one hundred (100) feet in dashed lines.
5.
Depict flood hazard boundaries as shown on FEMA maps.
D.
Written Statements.
1.
Dedication of all streets, public highways, alleys and land intended
for public use together with lot restrictions signed by all owners
and all parties who have mortgage or lien interests.
2.
Certification as to boundaries, monuments made by a registered land
surveyor testifying that the above were made by him/her.
3.
In the event a subdivision is to have privately maintained streets,
evidence of the methods for controlling and maintaining each private
facility shall be submitted with the final plat. Such restrictions
must be approved by the Planning and Zoning Commission and the Board
of Aldermen before they may be recorded.
4.
In cases where the developer proposes to include other regulations
i.e., architectural control, covenants and deed restrictions shall
be submitted to the Planning and Zoning Commission indicating the
additional regulations and how they are going to be administered.
5.
Subdivisions containing twenty-five (25) or more lots and using individual
sewage treatment must receive approval from the Missouri Department
of Natural Resources on a report prepared by an engineer outlining
the plans for the disposal of water within the proposed subdivision.
E.
Above
to have corporate seal(s) affixed or embossed and to be notarized
by a notary public. All figures and letters on the final plat must
be in ink and shall be plain, distinct and of sufficient size to be
easily read and must be of sufficient density to make a lasting and
permanent record.
[Ord. No. 105 §4.8, 6-23-1987]
No subdivision plat or replat shall be filed for record or recorded
in the office of the Recorder of Deeds for St. Charles County, Missouri,
unless and until the approval of the Planning and Zoning Commission,
the City Engineer and the Chairman of the Board of Aldermen and are
endorsed thereon. No lot shall be sold for such subdivision plat or
replat until it has been approved by the above and filed for record
in the office of the Recorder of Deeds of St. Charles County, Missouri.
No building permit will be issued until the final plat is recorded.
Further, no dwelling unit may be occupied until the public or private
improvements are completed, unless money is in escrow for the completion
of said improvements.
[Ord. No. 105 §4.9, 6-23-1987; Ord. No. 1053 §26, 9-13-2006]
Whenever any person or corporation may desire to vacate any
subdivision or part thereof in which he/she shall be the legal owner
of all of the lots or may desire to vacate any lot, such person or
corporation may petition the Board of Aldermen giving a distinct description
of the property to be vacated and the names of the persons to be affected
thereby, which petition shall be filed together with a filing fee
with the Board of Aldermen who shall give notice of the pendency of
the petition in a public newspaper. The filing fee for the plat shall
be per the fee schedule for services, permit applications, plan reviews,
inspections, rezonings and conditional uses, which is on file in the
office of the City Clerk. If no opposition be made to said petition,
the Board of Aldermen may vacate the same by order with such restriction
as they may deem for the public good. If opposition be made, said
petition shall be set down for public hearing before the Board of
Aldermen. No vacation shall take place unless the advice of the Planning
and Zoning Commission be obtained, which advice shall be filed with
said petition.
[Ord. No. 105 §4.10, 6-23-1987]
The Planning and Zoning Commissioner or his/her duly authorized
representative shall, upon evidence of any violation of this Chapter,
serve an order to cease and desist or correct or remove such violations,
such order to be made by certified mail to the owner, general agent,
lessee or contractor responsible for or contributing to the violative
act. Any owner, general agent, lessee or contractor who, having been
served with an order to cease and desist or correct or remove such
violations, fails to comply with such order within the time limit
set forth in the order or who shall continue to violate any of the
regulations contained herein and orders made in connection herewith
shall be guilty of a misdemeanor punishable by fine not to exceed
one thousand dollars ($1,000.00) per day of violation.
[Ord. No. 105 §4.11, 6-23-1987; Ord. No. 1053 §27, 9-13-2006]
A.
Whenever
the tract to be subdivided is of such unusual size or shape or is
surrounded by such development or contains such topographic conditions
or characteristics that the strict application of the requirements
contained in this Chapter would impose practical difficulties or particular
hardship, the Board of Adjustment may vary or modify any of the requirements
of this regulation so that substantial justice may be done and the
public interest secured and the general intent of this regulation
preserved.
B.
In
granting variances, the Board of Adjustment may require such conditions
as will, in its judgment, secure the objectives of these regulations.
