[Ord. No. 3187 §1, 11-5-2014]
Before filing an application for approval of a plat, the applicant
may, at its election, confer with the Director of Planning and representatives
of any other City departments regarding the proposal. Such action
does not require formal application, fees, or filing of a plat and
is not to be construed as an application for formal approval and shall
not be in lieu of the same. Comments made by staff during such conferences
shall not constitute representations or warranties with respect to
any matter discussed and shall not be binding upon staff members,
or members of the Planning and Zoning Commission, or City Council.
[Ord. No. 3187 §1, 11-5-2014]
A.
All applications for plat approval shall first be reviewed by staff.
The applicant shall submit as many copies of the plat and any additional
information as determined necessary by the Director of Planning. The
Director of Planning and other staff, which may include, but not be
limited to, the Director of Public Works, Parks and Recreation, Police,
Fire Marshal, Building Official, third-party traffic consultant, third-party
landscape architect, and the City Manager, shall review the submittal
for completeness and compliance with all applicable requirements,
standards, codes and ordinances. This review shall not constitute,
or substitute for, compliance with applicable technical codes and
the application and approval process required for issuance of building
and other required permits.
B.
If the submittal is deemed complete and in compliance with all applicable
codes and regulations, then a request shall be made to the applicant
submitting the plat requesting that copies of the plat and supporting
documents be submitted, which can then be forwarded to the Planning
and Zoning Commission and/or City Council for review and approval.
If the plat is not deemed complete and/or in compliance with all applicable
codes and regulations, then within seven (7) calendar days of the
staff review, a letter shall be forwarded to the applicant submitting
the plat stating the issues, comments and concerns of the reviewing
departments. Sixty (60) days from the date on the deficiency letter,
a revised plat addressing the listed comments and concerns must be
submitted for further review. If a revised plat is not submitted within
the said time limit, review of the plat will be suspended.
C.
The Director of Planning, or his/her designee, shall forward the
plat to the Planning and Zoning Commission or City Council at such
time as the plat and application are deemed complete and satisfactory
to the staff. The applicant and staff may confer until the plat is
determined to be complete and satisfactory. City staff will make every
effort to insure the plat is processed in a timely manner. However,
if staff determines an application to be incomplete, the applicant
may request in writing that the application be forwarded to the Planning
and Zoning Commission or City Council, nonetheless.
D.
The application will then be forwarded to the Planning and Zoning
Commission or City Council for its consideration. No plat shall be
accepted that does not contain all required information for review.
The plat shall substantially meet all land development standards of
this Subdivision Chapter and those of any other applicable City regulations.
The Director of Planning shall submit a report to the appropriate
reviewing body regarding the proposed plat.
[Ord. No. 3187 §1, 11-5-2014]
If the plat requires consideration by the Planning and Zoning
Commission, then the following regulations shall apply. It is necessary
that the applicant or applicant's representative be familiar with
the plat and appear personally at all meetings to answer questions.
The Planning and Zoning Commission may choose to recommend approval
of the plat as submitted, recommend additional conditions to mitigate
possible negative impacts, or recommend denial of the plat. The Planning
and Zoning Commission shall render a decision on a plat application
within sixty (60) days from the date of the meeting at which the Planning
and Zoning Commission first considers the application. The plat shall
be deemed to have received a positive recommendation if the Planning
and Zoning Commission fails to render a decision within the said sixty-day
period. The sixty-day period may be extended through mutual written
agreement between the applicant and the City. The Planning and Zoning
Commission shall submit a written recommendation to the City Council
of its decision. The minutes of the Planning and Zoning Commission
shall constitute the record of the Commission's recommendation and/or
findings.
[Ord. No. 3187 §1, 11-5-2014]
After receipt of the plat for consideration, and a recommendation
from the Planning and Zoning Commission, if applicable, the City Council
shall consider the plat at an open meeting. It is necessary that the
applicant or applicant's representative be familiar with the plat
and appear personally at all the meetings to answer questions. The
City Council may, at its discretion, add to or delete conditions recommended
by the Planning and Zoning Commission. The City Council may refer
the application back to the Planning and Zoning Commission for further
study before making its final decision. The decision rendered by the
City Council shall require a simple majority vote except that a vote
of at least five (5) members of the City Council will be required
to approve any application contrary to the City Planning and Zoning
Commission recommendation.
[Ord. No. 3187 §1, 11-5-2014]
A.
The following is a list of documents which are required, as applicable
to the application:
1.
Letter of transmittal. The letter of transmittal
shall be addressed to the City Council and summarize the entire scope
of the project.
2.
Plat. A plat must be prepared from an accurate
survey, and be completed and sealed by a surveyor registered to practice
in the State of Missouri. The plat shall be drawn on one (1) or more
sheets of a maximum dimension of twenty-four (24) inches by thirty-six
(36) inches. The scale of the drawing shall be at a scale of one (1)
inch equals twenty (20) feet or greater, or other scale if deemed
appropriate by the Director of Planning. In certain instances where
the subdivided area is of unusual size or shape, the Director of Planning
may permit a variation of these dimensional requirements. If multiple
sheets are required, then a key map shall be provided on a title sheet
showing the entire project at a reduced scale. In addition to the
items required by Chapter 445 RSMo., or any similar statute then in
force, the submitted application shall include the following as deemed
necessary by the City Engineer, or the Planning and Zoning Commission,
or the City Council:
a.
Subdivision name by title or name, North arrow, scale and date.
b.
Names, addresses and telephone numbers of the applicant, owner
and engineer.
c.
The names and adjoining boundaries of all adjoining subdivisions
and the names of record owners of adjoining lot(s).
d.
Existing and proposed future contours with intervals of two
(2) feet or less referred to sea level datum.
f.
Proposed use of each lot and existing and proposed zoning of
all property within the subdivision.
g.
Any zoning district or districts that affect the property to
be subdivided or adjoining property.
h.
Location of common open space, parks, and other public or semipublic
areas or facilities.
i.
Site drainage system including:
j.
Boundary lines, with dimensions and bearings or angles, which
provide an accurate survey of the tract.
k.
Location, dimensions, and purpose of each easement.
l.
Identification system for all lots and blocks.
m.
Location and purpose for which sites are dedicated or reserved
(i.e., residential, park, open space).
n.
Location, type, material and size of all survey monuments and
lot markers, including benchmarks with elevations referenced to mean
sea level datum.
o.
Location of all utilities, including sanitary sewers, storm
sewers, electrical, cable, gas, water, etc.
p.
Location of fire hydrants.
q.
All new and existing culverts, and other underground structures
within the tract or immediately adjacent thereto.
r.
The location and size of the nearest water main and sewer or
outlet are to be indicated upon the plat.
t.
Certificate of the owner creating the subdivision, granting
easements with statement of the use or uses for which granted, establishing
building lines, and referring to the restrictions of all types and
trusteeships which will run with the land and become covenants in
the deeds for the lots.
u.
Certificates of all owners and holders of the deeds of trust,
approving the plat as prepared and releasing from the lien created
by said deeds of trust all land dedicated to the public use on the
plat.
v.
Certificate indicating approval of the plat by the City Council
of the City of Ellisville, prepared for execution by the Mayor and
City Clerk over the Seal of the City of Ellisville.
w.
Certification by a registered land surveyor or engineer that
the plat represents a survey made by him and that all the necessary
survey monuments are correctly shown thereon, and that the size of
each lot is correctly indicated by dimensions and square feet of area.
Impressed thereon and affixed thereto shall be the personal seal and
signature of the registered land surveyor or engineer by whom, or
under whose authority and direction, the plat was prepared in conformance
with Missouri Revised Statutes.
x.
Certification that real estate taxes are paid shall be furnished
in the form of copies of paid real estate tax bills on the land within
the proposed subdivision.
y.
Additional information, drawings, plans or documentation may
be requested whenever deemed necessary or appropriate for a full and
proper consideration and disposition of the application.
[Ord. No. 3187 §1, 11-5-2014]
A.
In addition to the plat, an applicant will be required to submit
a copy of the condominium declaration, if applicable, which shall
contain the following information, as required by Chapter 448 RSMo.,
or any similar statute then in force:
1.
The name of the condominium, which shall include the word "condominium"
or be followed by the words "a condominium," and the association.
2.
A legally sufficient description of the real estate included
in the condominium.
3.
A statement of the maximum number of units which the declarant
reserves the right to create.
4.
A description of the boundaries of each unit created by the
declaration, including each unit's identifying number.
5.
A description of any limited common elements.
6.
A description of any real estate, except real estate subject
to development rights, which may be allocated subsequently as limited
common elements, together with a statement that they may be so allocated.
7.
A description of any development rights and other special declarant
rights reserved by the declarant, together with a legally sufficient
description of the real estate to which each of those rights applies,
and a time limit within which each of those rights shall be exercised.
8.
If any development right may be exercised with respect to different
parcels of real estate at different times, a statement to that effect,
together with:
a.
Either a statement fixing the boundaries of those portions and
regulating the order in which those portions may be subjected to the
exercise of each development right, or a statement that no assurances
are made in those regards; and
b.
A statement as to whether, if any development right is exercised
in any portion of the real estate subject to that development right,
that development right shall be exercised in all or in any other portion
of the remainder of that real estate.
9.
Any other conditions or limitations under which rights may be
exercised or will lapse.
10.
An allocation to each unit of the allocated interests.
11.
Any restrictions on use, occupancy, and alienation of the units.
12.
The recording data for recorded easements and licenses appurtenant
to or included in the condominium or to which any portion of the condominium
is or may become subject by virtue of a reservation in the declaration.
13.
All matters required under Chapter 448 of the Revised Statutes
of Missouri.
14.
The declaration may contain any other matters the declarant
deems appropriate.
[Ord. No. 3187 §1, 11-5-2014]
A.
In addition to the plat, an applicant will be required to submit
a copy of any subdivision and/or neighborhood declaration and/or bylaws,
if applicable, which shall contain the following information, as required
by Chapter 448 RSMo., or any similar statute then in force:
1.
The number of members of the executive board and the titles
of the officers of the association;
2.
Election by the executive board of a president, treasurer, secretary,
and any other officers of the association the bylaws specify;
3.
The qualifications, powers and duties, terms of office, and
manner of electing and removing executive board members and officers
and filling vacancies;
4.
Which, if any, of its powers the executive board or officers
may delegate to other persons or to a managing agent;
5.
Which of its officers may prepare, execute, certify, and record
amendments to the declaration on behalf of the association; and
6.
The method of amending the bylaws subject to the following:
a.
Unless the declarant otherwise agrees in writing to permit an
amendment to the bylaws, for so long as a declarant is the owner of
units representing an aggregate of ten percent (10%) or more of the
units in which votes in the association are allocated, the bylaws
may only be amended with the affirmative vote of at least sixty-seven
percent (67%) of the unit owners of units to which votes in the association
are allocated; and
b.
After the declarant ceases to own ten percent (10%) or more
of the units to which votes in the association are allocated, the
bylaws may only be amended with the affirmative vote of a majority
of the unit owners of units to which the votes in the association
are allocated.
7.
Subject to the provisions of the declaration, the bylaws may
provide for any other matters the association deems necessary and
appropriate.
[Ord. No. 3187 §1, 11-5-2014]
A.
Additional supporting technical information will be required, as
applicable.
1.
Floodplain analysis. Where a portion of a plat
is known or suspected to be flood-prone, and sufficient information
is not available, an engineering analysis shall be required. Such
analysis performed by a registered engineer for the applicant shall
determine the one-hundred-year floodplain line. Regardless of the
method of determination, the one-hundred-year floodplain line shall
be clearly and legibly drawn on the grading and excavation plan.
2.
Erosion and stormwater runoff control plan.
a.
The grading and excavation plan shall seek to minimize the amount
of grading necessary, protect to the maximum extent possible the natural
features and vegetation on the site, and minimize erosion resulting
from grading activities and enhance water quality. It shall include,
in addition to existing and proposed contours at two-foot intervals,
engineering calculations of the amount of soil to be moved, removed
or added to the site. The detailed storm drainage plan shall incorporate
proposed easement location and dimensions, typical sections, and construction
details as necessary.
b.
The erosion control plan shall include details of soil preparation,
erosion control and revegetation or soil stabilization measures to
be taken during construction, including construction of berms, diversions
or other barriers to siltation, temporary mulching, and landscape
planting.
3.
Utilities plan. This plan shall indicate public
and private water and sewer facilities, lines, valves, pumps, fire
hydrants, pump stations, and treatment which shall be designed to
conform to the development standards for water and sewer services
as adopted by the water company and the Metropolitan Sewer District.
This plan shall also indicate all other utilities proposed for installation
as part of the major subdivision, which may include but not be limited
to, electrical, cable, gas, telecommunication infrastructure, etc.
4.
Street tree and common area landscape plan.
A detailed landscape plan shall indicate proposed new planting and
preservation of existing plant material within the subdivision including
the size, type, location, and planting method for all such landscape
material in accordance with accepted landscape architectural procedures
and standards.
5.
Trust indenture. A copy of any trust indenture
proposed for the project (subdivision or condominium) describing proposed
covenants, restrictions and conditions applicable to a property shall
be submitted for review by staff.
6.
Street cross sections. Typical street cross
sections shall be shown with complete dimensions and construction
information. Street profiles showing existing and proposed elevations
at stations located at fifty-foot intervals on the center line and
at a point twenty-five (25) feet from the proposed street right-of-way
on a line drawn perpendicular to each station along the center lines
of all roads. These street profiles shall be drawn at a horizontal
and vertical scale of one (1) inch equals twenty (20) feet or as required
by the Director of Public Works. Such profiles shall be prepared by
an engineer licensed and registered to practice in the State of Missouri.
7.
Traffic impact study. A traffic impact study
may be required to assess the potential impact on traffic resulting
from the approval of streets and other public improvements, right-of-way
dedications and vacations, condominium or condominium building conversions,
boundary adjustments, minor subdivisions, subdivisions, and amendments
to approved plats.
[Ord. No. 3187 §1, 11-5-2014; Ord. No. 3314 § 1, 3-15-2017]
A.
In addition to the plat requirements, all plats must meet the following
criteria as determined by the Planning and Zoning Commission and/or
the City Council:
1.
Consistency with the Comprehensive Plan;
2.
Compatibility of lot size and density;
3.
Creation of a lot which provides adequate dimensions to construct
improvements of similar size and nature to the surrounding area;
4.
Creation of a lot which is in compliance with the area and frontage requirements (no flag lots), as specified in Chapter 400, Zoning Regulations, and provides for an orderly pattern of development;
5.
Creation of a lot with substantially rectangular dimensions
(no irregularly shaped lots);
6.
Promotion of a creative approach to the use of land and related
physical facilities resulting in better site layout and development;
7.
Preservation and enhancement of desirable site characteristics,
such as natural topography, vegetation and geologic features and the
prevention of soil erosion;
8.
Enhancement of water quality;
9.
Elimination of incompatible land configurations;
10.
Consistency with good planning practices;
11.
Compliance with all applicable codes, ordinances, and standards.
[Ord. No. 3187 §1, 11-5-2014]
Any party who feels aggrieved by any decision made regarding
the approval of a plat may, within fifteen (15) days of the decision
for which redress is sought, file directly to the City Council a written
request for reconsideration and appeal. The written request must set
forth in a concise manner the decision being appealed and all grounds
known to the appellant as to wherein and why the decision is allegedly
in error. The City Council may consider the appeal on the record of
the prior decision or may, at its sole discretion, receive additional
evidence in such manner as it deems appropriate in light of the circumstances.
[Ord. No. 3187 §1, 11-5-2014]
In the event that the City Council denies a plat application,
the same application or substantially similar application will not
be accepted for a period of at least one (1) year from the date of
denial by the City Council.
[Ord. No. 3187 §1, 11-5-2014]
A.
If an applicant wishes to amend an approved plat for the purpose
of correcting a scribner's error, or calculation, the City Engineer
is authorized to administratively approve such amendments if it is
determined that the proposed modifications otherwise comply with applicable
City ordinances. The administrative approval authorized hereby shall
not extend to or encompass any amendment that would increase or decrease
the number of lots/units or alter the exterior dimensions of the lots/building.
[Ord. No. 3187 §1, 11-5-2014]
A.
Plats which have been approved by the City Council must be filed
and recorded with the St. Louis County Recorder of Deeds. The applicant
must submit proof of such filing to the City Clerk within one (1)
year from the approval date by the City Council.
B.
After that time, the applicant shall be required to resubmit the
original or a revised plat for consideration and approval. The Planning
and Zoning Commission and/or City Council may reject such a re-application
in light of new facts and circumstances relating to the context within
which the prior plat approval was granted.
C.
However, an applicant may request and the City Council may grant
an extension to all or part of a plat approval. A written request
for an extension must be received by the Director of Planning prior
to the expiration of the original one-year period. The request must
include the amount of additional time needed to implement the approval.
The applicant shall bear the burden of providing just cause for delay,
proof that the project remains the same, and proof that no circumstances
bearing on the suitability of the project have changed. Approval of
a request for an extension is at the sole discretion of the City Council.
