City of Ellisville, MO
St. Louis County
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Table of Contents
Table of Contents
[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.
e. 
Approximate (to nearest foot) dimensions and area of:
(1) 
Overall subdivision;
(2) 
Each lot; width, depth, and area;
(3) 
Street rights-of-way including radii of culs-de-sac and curbs;
(4) 
Common open space;
(5) 
Other land to be dedicated for a public use.
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:
(1) 
General surface drainage patterns;
(2) 
Drainage swales, detention storage areas, sewers, culverts, and other improvements proposed to accommodate stormwater and minimize erosion;
(3) 
Floodplain definition and effect of applicable local, state, or federal floodplain standards or regulations.
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.
s. 
Building setback lines required by the Ellisville Zoning Ordinance,[1] with dimensions.
[1]
Editor's Note: See Ch. 400, Zoning Regulations.
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.
B. 
Request for amendments that are deemed by the City Engineer to represent minor changes to the approved plat may be approved by the Planning and Zoning Commission. Minor amendments may include any amendment that does not affect the criteria as listed in Article III of this Chapter.
C. 
All other amendments shall be subject to the applications and approval procedures of Article III of this Chapter.
[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.