[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §8, 9-26-2001; Ord. No. 10-041 §56, 6-2-2010; Ord. No. 20-031, 3-30-2020]
All plat review fees as set by ordinance shall be determined and paid at the time the required application is submitted.
[Ord. No. 20-031, 3-30-2020]
A.
Definition. Minor Subdivision shall be the division of land into lots of five (5) acres or greater in size, provided the land is located within "A," "R" or "RR" zoning districts and outside of any existing subdivisions.
B.
Requirements.
1.
Each of the newly proposed lots must front on an access easement running with each lot, or a public or private street, each access easement or street providing each lot a direct connection to a publicly owned and maintained street.
2.
Minor subdivision names, street names, and street numbers must be approved by St. Charles County Emergency Communications.
3.
Access easements, private streets and driveway connections within the minor subdivision to public streets adjoining the minor subdivision shall meet the sight distance, alignment, and design and construction requirements of the jurisdictional authority. Connections to County streets shall require approval and permits from the St. Charles County Highway Department.
C.
Minor Plat.
1.
Definition. A map of land for a minor subdivision prepared in form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas, and other dimensions of land.
2.
Minor plat may be approved by the Director of the Division of Planning and Zoning upon his/her determination that it is in substantial conformance with this Section.
3.
One (1) printed and one (1) digitized version that complies with County mapping standards shall be submitted. The digitized version shall show and be accompanied by the following information:
a.
The outboundary of the minor subdivision shall be tied to the Missouri Coordinate System of 1983 in accordance with the current Missouri Minimum Standards for Property and Boundary Surveys;
b.
The coordinates of the exterior corners shall be shown on the minor plat;
c.
The surveyor who is sealing the record minor plat must submit a signed and sealed letter indicating that the digitized version is an accurate representation of the minor plat; and
d.
The surveyor must submit a sealed paper copy of the minor plat.
4.
Identification.
5.
Minor Plat Information.
a.
Accurate boundary survey to State of Missouri minimum surveying standards with bearings and distances tied to surveyed identification points (established section lines, fractional section lines, and/or U. S. survey lines), but not including already existing access easements to the minor subdivision.
b.
Location of lots, streets (including right-of-way or access easement widths), within the minor subdivision, and other features as required, with accurate dimensions to decimals of feet, length, and radii of all curves.
c.
Setback lines on front and side streets or access easements; location and dimension of utility easements. Areas designated as common ground shall not be dedicated as one (1) blanket utility easement unless approved by the Director of the Division of Planning and Zoning.
d.
Names of streets and lots numbered in logical order.
e.
Indicate the future street number on each lot.
f.
Acreage and ownership of all common ground.
g.
Depict any existing easements across the property.
h.
Depict and dedicate all utility easements.
i.
Watercourses left in their natural state shall have vegetated buffers as required per Section 405.5025 of the Unified Development Ordinance of St. Charles County, Missouri. All minor plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri."
j.
Designate pipeline and/or overhead electric easements, and with respect to pipeline easements designate all setbacks and restrictions imposed by Section 405.503, Regulations Concerning High Pressure Pipelines.
k.
Depict any dedication strips along existing roadways.
l.
Depict floodway fringe, density floodway, and floodway boundaries, and provide base flood elevations as shown on Flood Insurance Rate Maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA) and the maps presently filed in the office of the Division of Planning and Zoning.
m.
The statement "This Minor Plat is approved for recording this ______ day of _____." The statement shall also include a two (2) inch line with the title "Director of the Division of Planning and Zoning" directly below the line for his/her signature.
6.
Written Statements.
a.
Dedication of all private streets and/or easements together with the deed book and page of the minor subdivision restrictions, trust indentures, or street maintenance agreements, and signed by all parties who have mortgage or lien interest, including owner(s), or a copy of the recorded document creating or reserving the existing access easement together with the book and page information for the existing access easement.
b.
Certification as to acreage boundaries, monuments made by a registered land surveyor, testifying that the above were made by the surveyor.
c.
In the event a minor subdivision is to have privately maintained streets and/or common ground, evidence of the methods for controlling and maintaining each private facility shall be submitted with the minor plat. Such restrictions or trust indentures must be reviewed by the Division of Planning and Zoning before they may be recorded. Where any minor plat includes common ground, that minor plat shall include a note that title to that common ground shall be conveyed to a homeowners' association or its trustees, and the owner shall convey such title upon establishing such an association and designating its trustees.
d.
An entrance permit is needed from the jurisdictional authority if the minor subdivision has an entrance on a publicly maintained street right-of-way, or evidence from the jurisdictional authority that such a permit is not required, as may be the case.
e.
A residential housing development must be approved by the Missouri Department of Natural Resources for individual sewage disposal systems on minor subdivisions containing seven (7) or more lots.
f.
The above must have all signatures, corporate seal(s) affixed or embossed and be notarized by a notary public. All figures and letters on the minor 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.
g.
An applicant for approval of a minor plat to be served by individual waste treatment systems must meet the following requirements, in addition to those set out in Section 410.110.
h.
A Department of Natural Resources approved engineering geologic report must be submitted to the Division of Building and Code Enforcement prior to a review of the soil evaluation report.
i.
A soil evaluation report utilizing a five (5) foot deep test pit and one (1) permeability evaluation for every lot must have Division of Building and Code Enforcement approval. Additional permeability evaluations will be required by the Division of Building and Code Enforcement based on grade, lot, and minor subdivision sizes or any other physical characteristics. Permeability evaluation to be conducted by a soils scientist licensed by the State Health Department. After the minor plat is approved, at least one (1) additional permeability evaluation will be required on each lot located in the area of the proposed leach field. Further evaluations may be required by the Division of Building and Code Enforcement.
7.
Approval And Recordation. No minor plat 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 Director of the Division of Planning and Zoning is endorsed thereon.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §4, 1-30-2002; Ord. No. 02-088 §6, 6-26-2002; Ord. No. 03-142 §1(99—102), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-162 §3, 10-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §57, 6-2-2010]
A.
Fifteen (15) folded prints of the preliminary plat, a reduced copy of the plat sheet measuring eight and one-half (8.5) inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches and a digital version shall be submitted to the Division of Planning and Zoning at least twenty-seven (27) days before the meeting at which approval is requested. All preliminary plats shall be prepared by a Missouri registered professional land surveyor and/or Missouri registered professional engineer and bear their signature and seal. At the discretion of the Director of the Division of Planning and Zoning, an aerial photo of suitable scale and vintage 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 Director of the Division of Planning and Zoning. Prior to submittal of a preliminary plat, the applicant may submit to the planning staff a concept plan for initial review. For the purpose of investigating a preliminary plat an applicant authorizes the Community Development Department's staff, or staff of other agencies at the Department's direction, to enter and inspect the subject property while the plat is in the approval process. This authority shall cease upon completion of the plat review.
B.
Notification. After receiving a preliminary plat, the Division of Planning and Zoning will give notice by U.S. mail to the adjacent property owners. Notice shall be given to the adjacent property owners at least fifteen (15) days prior to the Planning and Zoning Commission meeting that the preliminary plat will be presented.
C.
Preliminary Plat Information. Preliminary plats shall include, at minimum, the following unless waived by the Director of Planning and Zoning:
1.
Identification.
a.
Proposed name of the subdivision.
b.
Names, addresses, and telephone numbers of owners, developers, and the engineers, as well as the surveyors responsible for preparation.
c.
North point, a scale of one (1) inch equals two hundred (200) feet or larger, and date.
d.
Approximate acreage in tract to one-tenth (1/10) of an acre.
e.
Location or key map.
f.
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 U.S. survey lines.
b.
Physical features of property, including watercourses, ravines, ponds (standing water), existing and proposed bodies of water, levees or drainage area, forested areas (every effort must be made to preserve as many existing trees as possible), outcropping of rock, bridges, culverts, present structures, existing sidewalks, pipelines, overhead electric lines and off-street parking, if applicable, as well as all easements of record for pipelines, overhead electric lines and other utilities. Watercourses left in their natural state must be shown within common ground, with lot lines set back from the top of the existing stream bank, or from the 10-year, 24 hour or 15-year, 20 minute water surface elevation, where no established top-of-bank can be determined, for all subdivisions except those with lots three (3) acres or larger in size, as provided by Part 3, Article VI of Chapter 405 of this Unified Development Ordinance. All plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri".
c.
Indicate average lot size for the development.
d.
Topography of tract with contour interval of one (1), two (2), or five (5) feet on U.S.G.S. Datum.
e.
Names of adjacent subdivisions, including existing lot numbers and/or property lines and owners, around perimeter within one hundred (100) feet, showing existing streets, highways, etc.
f.
Location, width, and names of existing and proposed streets with right-of-way, pavements, roads, lot dimensions, sidewalks, setback lines, easements, parks, school sites, and other features of the proposed subdivision.
g.
Cul-de-sac islands and raised medians shall be included within right-of-way if that right-of-way is dedicated by plat to the public and if improvements within that right-of-way are to be maintained by the public, as provided in Section 410.210(C), below.
h.
Indicate the street dedication public or private.
[Ord. No. 18-013 § 1, 1-29-2018]
i.
All approximate gradients of streets will be shown.
j.
Indicate the centerline curve radius on streets.
k.
Depict a standard County entrance configuration at the entrance(s) to the development.
l.
Depict any dedication strips along existing roadways.
m.
Designation of land use, whether for residential, commercial, industrial, or public use, and present zoning district.
n.
Designation of utilities to serve proposed subdivision.
o.
Designation of the school and fire district which serves the proposed subdivision.
p.
Location of stormwater management facilities for stormwater runoff in common ground, with permanent feasible access provided for maintenance of same. The plat shall also dedicate to St. Charles County or its successors in interest an easement of access to and in the common ground occupied by any stormwater management facilities for the purpose of inspection and enforcement of all applicable regulations of such stormwater management facilities. Placement and preservation of facilities outside of common ground will be considered on a case-by-case basis and approved by the Director of Community Development. Justification must be provided for consideration.
[Ord. No. 20-098, 12-21-2020]
q.
Common ground acreage to nearest one-tenth (1/10) of an acre and designation of common ground.
r.
Depict floodway fringe, density floodway, and floodway boundaries, and provide base flood elevations as shown on Flood Insurance Rate Maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA) and the maps presently filed in the office of the Division of Planning and Zoning. Any floodway areas or wetlands must be shown as common ground.
s.
Provide proposed development stormwater runoff factor.
t.
Other information, as may be required by the Director of the Division of Planning and Zoning, to serve the intent and purpose of this Chapter.
u.
Depict the location of water lines for subdivisions with individual water treatment systems.
v.
Note on plat that all stub streets will likely be extended in the future development.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-027 §3, 3-1-2005; Ord. No. 07-053 §1, 3-27-2007]
A.
An applicant for approval of a preliminary plat to be served by individual waste treatment systems must meet the following requirements, in addition to those set out in Section 410.110.
[Ord. No. 16-054-§11, 7-25-2016]
1.
A Department of Natural Resources approved engineering geologic report must be submitted to the Division of Building and Code Enforcement prior to a review of the soil evaluation report.
2.
A soil evaluation report utilizing a five (5) foot deep test pit and one (1) permeability evaluation for every lot must have Division of Building and Code Enforcement approval prior to the Planning and Zoning Commission vote on the final plat. Additional permeability evaluations will be required by the Division of Building and Code Enforcement based on grade, lot, and subdivision sizes or any other physical characteristics. Permeability evaluation to be conducted by a soils scientist licensed by the State Health Department. After the final subdivision plat is approved, at least one (1) additional permeability evaluation will be required on each lot located in the area of the proposed leach field. Further evaluations may be required by the Division of Building and Code Enforcement.
B.
An applicant for approval of a preliminary plat that is subject to any easement for pipelines, overhead electric lines and other utilities that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) must supply as many additional copies of the preliminary plat as may be required for St. Charles County to forward for comment to all holders of easements in the property to be subdivided that are for the purpose of accommodating one (1) or more high pressure pipeline(s).
C.
An applicant for approval of a preliminary plat in which subdivision streets connect to roads or highways under the jurisdiction of the State of Missouri or another political subdivision must meet the following requirements, in addition to those set out in Section 410.110.
1.
The applicant must submit concept designs for any connections between subdivision streets and existing roads or highways and for any improvements to them that may be required by the jurisdiction with legal responsibility to maintain improvements within those existing roads or highways.
2.
The applicant must also submit written documentation that the jurisdiction with legal responsibility to maintain improvements within those existing roads or highways has approved those concept designs, that a party has agreed with that jurisdiction to build the improvements called for in those concept designs.
[Ord. No. 99-99 §1, 7-12-1999]
The Director of the Division of Planning and Zoning shall review the submitted preliminary plat and other information and documentation submitted, and within eight (8) business days shall determine if the plat as submitted is complete. If the preliminary plat is determined to be incomplete, the Director of the Division of Planning and Zoning shall return the plat to the consultant/designer who prepared the plat with a written explanation of the additional information needed for a staff review.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(103), 10-1-2003; Ord. No. 05-148 §11, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Preliminary plat approval shall confer upon the subdivider the following rights and privileges:
1.
The preliminary plat will remain in effect for a two (2) year period from the date of final approval by the Governing Body or Director of the Division of Planning and Zoning. The applicant may, during this period, submit all or part or parts of said preliminary plat for final plat approval. Approval of a final plat(s) that is part of a preliminary plat will extend the approval of the preliminary plat for an additional year(s). A request for an extension of time may be made by the developer in writing to the Director of the Planning and Zoning Division for approval. The Director of the Planning and Zoning Division may approve an extension of time due to extenuating circumstances for a period of one (1) year for a preliminary plat. 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.
[Ord. No. 04-053 §1, 4-13-2004; Ord. No. 07-040 §1, 3-13-2007]
A.
Intent/Purpose. The purpose of this Section is to promote the public health, safety, comfort and general welfare of St. Charles County residents by providing tree preservation standards. These standards are designed to enhance the quality and appearance of developed properties, protect existing natural resources, buffer differing land uses and conserve the value of land and buildings throughout St. Charles County. These standards will also increase energy efficiency through shading and cooling, filter air pollution, filter and assist in the management of stormwater runoff, buffer noise and wind and provide wildlife habitat as well as pleasant visual relief.
[Ord. No. 20-098, 12-21-2020]
B.
Applicability. These standards will apply to all new residential developments in unincorporated St. Charles County except the following:
C.
Plan Requirements.
1.
All preliminary residential subdivision plats shall delineate the anticipated tree preservation plan. Tree preservation information supplied on the Preliminary Plat shall be as follows:
2.
Final Tree Preservation Plan shall be included with the grading plans for a site and have the following:
3.
The tree preservation limits as approved on the final tree preservation plan shall be depicted on the final plat. A note shall also be provided to reference any tree preservation areas stating: "There shall be no clearing, grading, filling, construction activities or disturbance in any tree preservation areas".
D.
Tree Preservation Requirements.
1.
Subject to paragraph (2), below, all developments shall meet a minimum tree preservation requirement of ten percent (10%) of the site or twenty-five percent (25%) of existing woodlands and trees as they existed three (3) years prior to submittal of the Preliminary Plat; whichever is greater. If the total area of trees on the site is equal to or less than ten percent (10%) of the total site area, fifty percent (50%) of the existing trees shall be retained. The preservation of existing trees must be depicted on the tree preservation plan. Existing woodlands and trees may be determined by using aerial photographs or field inventory. No credit will be given to a tree or any portion of a tree canopy that is not located on the subject property.
2.
The Director of Community Development may waive all or part of the requirements imposed by paragraph (1), above, provided that the Director or his designee, based on his/her physical inspection of the property to be developed, determines that strict compliance with those requirements would render the property undevelopable. A replacement ratio of three (3) trees to each tree destroyed, damaged or removed is required to be planted in the development per the requirements of Subsections (G) and (H). The final ten percent (10%) of the performance guarantee of the required erosion control plan will be held until all tree preservation requirements have been met.
[Ord. No. 20-098, 12-21-2020]
E.
Protective Methods. To receive preservation credit, trees to be preserved must be protected from direct and indirect root damage and trunk and crown disturbance. No credit will be allowed for any dead tree, any tree in poor health or any tree subjected to grade alterations. The death of any tree used for preservation credit shall require the owner to replace the tree. The following standards shall apply:
1.
The protection area around trees shall include all land within the canopy drip line. This area shall remain free of all grading and filling activities.
2.
Construction site activities such as parking, material storage, soil stock piling and concrete washout shall not be permitted within tree protection areas.
3.
Tree protection areas should be clearly identified prior to any land disturbance. Methods that may be used include snow fence, polyethylene, chain link fence, construction stakes placed every fifteen (15) feet, or other measure as approved in writing by the Director of the Division of Development Review.
[Ord. No. 20-098, 12-21-2020]
4.
Signs shall be used to designate tree protection areas. Signs are to be posted visibly on all sides of the preservation area and must be visible throughout the development process. Minimum size for the signs is twenty-four (24) inches by thirty-six (36) inches and should state the following "TREE PROTECTION AREA—Machinery access, dumping or storage of materials and equipment is prohibited."
F.
Enforcement And Penalties. The Director of the Division of Planning and Zoning is hereby charged with the responsibility of administering and enforcing the provisions of the landscaping and tree preservation program. All violations are subject to penalties set forth in Sections 405.640 through 405.655, except that the Director of the Division of Planning and Zoning shall have the discretion to allow more than ten (10) days for the correction of violations, taking into account such factors as:
1.
The requirements of the grading project under review, and
2.
The requirements for planting or transplanting trees and shrubs under the best practices of the landscaping or arborist profession. If required tree protection areas are disturbed during construction, a replacement ratio of three (3) trees to each tree destroyed, damaged or removed is required to be planted in the development. The final ten percent (10%) of the performance guarantee of the required erosion control plan will be held until all tree preservation requirements have been met.
G.
Materials. A mixture of native, hardy deciduous, flowering and/or coniferous trees may be planted.
H.
Installation And Maintenance. All landscape materials must meet the following:
1.
All trees must be in place and healthy prior to the issuance of any occupancy permit. Upon approval by the Director of the Division of Planning and Zoning, a temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.
2.
New landscaping shall not be planted within any easement, right-of-way or sight triangle.
3.
All trees shall have natural bark mulch placed around the base of the tree, at least four (4) inches deep and have at least an eighteen (18) inch radius from the trunk.
4.
Newly planted trees shall be supported (staked and tied) through the first (1st) growing season to insure proper growth.
5.
All landscaping within common ground areas must be maintained by the owner. The landscaping must be maintained in a healthy growing condition as is appropriate for the season of the year. Plant materials, which exhibit damage, must be restored to healthy condition or replaced within the next growing season.
[1]
Editor's Note—Ord. no. 07-040 §1, adopted March 13, 2007, repealed section 410.150 "display house plat" in its entirety. Former section 410.150 derived from ord. no. 99-99 §1, 7-12-1999; ord. no. 01-111 §9, 9-26-2001; ord. no. 03-142 §1(104), 10-1-2003. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §§5—9, 1-30-2002; Ord. No. 02-088 §7, 6-26-2002; Ord. No. 03-142 §1(105—110), 10-1-2003; Ord. No. 04-075 §5, 5-27-2004; Ord. No. 05-027 §4, 3-1-2005; Ord. No. 05-148 §12, 10-25-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §58, 6-2-2010]
A.
After the preliminary plat is approved, improvement plans for all or any part of the subdivision shall be prepared by an engineer and submitted to the Director of the Division of Development Review for review and approval by the Director. If any changes are made to the streets, storm or sanitary sewers, stormwater management facilities, drainage areas, or any other significant changes after the improvement plans have been approved or the date the final plat was recorded, then revised plans must be submitted to the Director of the Division of Development Review for reapproval by the Director. All submittals of improvement plans and design calculations must bear the seal of the engineer.
[Ord. No. 20-098, 12-21-2020]
B.
Improvement plans shall be prepared in accordance with St. Charles County's Design Criteria for the Preparation of Improvement Plans.
[Ord. No. 20-098, 12-21-2020]
C.
Installation of pavement and related paving improvements shall conform to the requirements set forth in St. Charles County's "Standard Specifications for Subdivision Street Construction," dated February 2014, or as amended thereafter. Installation of storm sewers shall conform to the requirements set forth in the Metropolitan St. Louis Sewer District's "Standard Construction Specifications for Sewers and Drainage Facilities" dated 2009.
[Ord. No. 20-098, 12-21-2020]
D.
Actual construction of such facilities and improvements may commence at the developer's risk prior to the final plat approval if the detailed improvement plans have been approved by the Director of the Division of Development Review, 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.
E.
As-Built Plan Requirements. The developer shall submit to the Director of the Division of Development Review one (1) set of prints, one (1) digital AutoCAD drawing file, and one (1) digital file in “.pdf” format of "as-built" plans for the required infrastructure improvements that have been completed. Storm sewer systems, including culverts, bridges, improved open channels designed in accordance with Section 50.30.5 of the St. Charles County's Design Criteria for the Preparation of Improvement Plans, and stormwater management facilities shall be surveyed after the completion of construction to verify the elevations, dimensions, and locations of the facilities in relation to the approved design. As-Built surveys are not required for typical yard swales designed to drain local subdivision drainage to storm sewer inlets. The "as-built" plans for sanitary systems and water systems shall be required where these systems are not under the jurisdiction of other public agencies. Each set of "as-built" plans shall be certified and sealed by a professional engineer or land surveyor licensed in the State of Missouri.
[Ord. No. 20-098, 12-21-2020]
F.
An applicant for approval of improvement plans for any preliminary plat that is subject to any easement for pipelines, overhead electric lines and other utilities that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) must meet the following requirements, in addition to those set out above.
1.
The applicant must depict all such easements of record upon the improvement plans.
2.
The applicant must certify to St. Charles County that the applicant has delivered copies of those improvement plans to all holders of such easements with notice to send comments on or consents to those plans to the Director of the Division of Development Review. The certificate shall also state the date and address of delivery.
No improvement plans may be approved without the consents to those plans from the holders of such easements.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §10, 9-26-2001]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(111), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 18-015 § 3, 1-29-2018]
A.
After the improvement plans have been approved, but before recording the record subdivision plat, the subdivider, or a contractor for the subdivider, must:
1.
Either complete the improvements, under the inspection of the appropriate inspecting agency and in accordance with the approved improvement plans, and post a performance guarantee for ten percent (10%) of the estimated sum; or
2.
Post a performance guarantee ensuring or guaranteeing the installation of all said improvements.
B.
If the performance guarantee is a lender's or escrow agreement, that agreement shall:
1.
Be prepared on forms developed by the Director of the Division of Development Review and approved by the County Counselor and be signed by the Director of the Division of Development Review and County Registrar;
2.
Ensure or guarantee the construction and completion of all the improvements as set forth in the approved improvement plans based on the cost estimate prepared by the consulting engineer and approved by the Director of the Division of Development Review; and
3.
Be held in a special account by the escrow holder or lender at offices in St. Charles County, the City of St. Louis or Missouri counties contiguous to St. Charles County and the funds shall be subject to the audit of St. Charles County.
C.
If the performance guarantee is a standby letter of credit or a certified check, the subdivider, or a contractor for the subdivider, and the County shall enter into a fully executed deposit agreement prepared on forms developed by the Director of the Division of Development Review and approved by the County Counselor and signed by the Director of the Division of Development Review and the County Registrar, which shall require the subdivider and/or contractor to fulfill the obligations imposed in this Section. A standby letter of credit may be prepared on forms provided by the financial institution on which it is drawn but must be approved by the County Counselor and must, at a minimum, provide for:
1.
Drafts to be drawn at offices in St. Charles County, the City of St. Louis or Missouri counties contiguous to St. Charles County; and
2.
Automatic extensions without amendment for additional one-year terms unless, at least forty-five (45) days prior to the letter's then-current expiration date, the financial institution issuing the letter gives written notice of non-renewal to St. Charles County's Department of Community Development by registered or certified mail or by overnight courier.
D.
Any performance guarantee shall be administered as follows:
1.
The estimated sum shall be held by the escrow holder, lender or the County Director of Finance as the agreement provided until such time as the Director of the Division of Development Review authorizes release of funds as provided herein. Authorization shall be written and addressed to the escrow holder, lender or Director of Finance. The Director of the Division of Development Review may authorize release for disbursement by the escrow holder, lender or Director of Finance per line item of the approved cost estimate as items are completed and inspected and, in the event of delays caused by unforeseen circumstances such as weather, may also authorize partial releases based upon partial completion. At no time will the amount to be released depreciate the account to less than the cost of completing said remaining improvements. This sum shall be determined by using current market value of the materials and labor. In no case shall the escrow holder, lender or County release more than ninety percent (90%) of the estimated sum until improvements and installations have been completed in a satisfactory manner in accordance with the subdivision regulations and approved by the County Engineer and the Director of the Division of Development Review. The remaining ten percent (10%) of all said improvements shall be released upon acceptance of all public improvements by the Governing Body or final approval of all private improvements by the Director of the Division of Development Review. The estimated sum shall be held by the surety or the County as in the agreement provided, until such time as the Director of the Division of Development Review shall, by written authorization addressed to the surety or the County Director of Finance, release the total sum.
2.
This amount shall only be authorized to be released in its entirety after the County Engineer and the Director of the Division of Development Review certify that all the improvements have been constructed in accordance with the approved plans, all the requirements of this Chapter have been met, all the streets and storm sewers and storm sewer structures to be publicly maintained located within the right-of-way or a recorded easement have been approved by the Governing Body, and all private improvements have been approved by the Director of the Division of Development Review.
3.
Upon request of the person posting the performance guarantee, the Director of the Division of Development Review shall release funds for any completed line item of the work within thirty (30) days after the County inspects such work, provided the inspection report does not note any deficiencies in such work. Inspections for partial release requests shall be completed within a reasonable period of time, and, if such inspections do not note any deficiencies in the completed portions of the work, the County shall make corresponding releases of funds promptly.
4.
In the event that the improvements are not satisfactorily completed within two (2) years after approval of the improvement plans, the Director of the Division of Development Review has the right to remove said monies to complete the guaranteed improvements, unless an extension in time is granted by the Director of Community Development.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(112—113), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 07-001 §2, 1-3-2007; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §59, 6-2-2010]
A.
After the preliminary plat has been approved by the Director of the Division of Planning and Zoning or County Council, a final plat shall be prepared and submitted to the Director of the Division of Planning and Zoning. Fifteen (15) folded prints and a digital version of the final plat shall be filed in the Division of Planning and Zoning. The final plat may be approved by the Director of the Division of Planning and Zoning and the Chairperson or Secretary of the Planning and Zoning Commission provided it is determined to be in substantial conformance with the approved preliminary plat. No final plat shall be approved if it shows additional existing easements recorded after submittal of the preliminary plat to St. Charles County, unless the Director of the Division of Planning and Zoning determines that those additional existing easements do not encumber land to be dedicated by plat as right-of-way. If such final plat is determined not to be in conformance with said preliminary plat, the applicant may request administrative review of such decision by the Planning and Zoning Commission. The Planning and Zoning Commission may reverse the determination and approve the plat. In no case may a final plat be approved for a subdivision to be served by a newly constructed wastewater treatment facility before the Division of Building and Code Enforcement has issued a certificate of occupancy for it as provided in Section 405.500 (F)(1). The approval of the Director of the Division of Planning and Zoning shall be shown on the plat with the date of such approval and over the signature of the Chairperson or Secretary of the Planning and Zoning Commission. If the applicant has requested an administrative review of the final plat by the Planning and Zoning Commission, fifteen (15) folded prints of the final plat and a reduced copy of the plat sheet measuring eight and one-half (8½) inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches shall be submitted to the Division of Planning and Zoning at least twenty-seven (27) days prior to the meeting at which approval is requested. 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.
[Ord. No. 16-054 §11, 7-25-2016]
B.
The final plat shall be recorded within ninety (90) days after approval by the Director of the Division of Planning and Zoning, except that the Director of the Division of Planning and Zoning may grant one (1) extension of thirty (30) days. If the final plat is not recorded in that time, the approval shall expire.
C.
The final plat shall be prepared on mylar, its equal or better, and shall contain the following information (sheet size maximum twenty-four (24) inches by thirty-six (36) inches (24" x 36"), minimum twelve (12) inches by eighteen (18) inches (12" x 18").
D.
In addition to the fifteen (15) prints of the final plat, a digitized version that complies with County mapping standards shall be submitted. The digitized version shall show and be accompanied by the following information:
1.
The outboundary of the subdivision shall be tied to the Missouri Coordinate System of 1983 in accordance with the current Missouri Minimum Standards for Property and Boundary Surveys;
2.
The coordinates of the exterior corners shall be shown on the plat;
3.
The surveyor who is sealing the record plat must submit a signed and sealed letter indicating that the digitized version is an accurate representation of the adjusted plat; and
4.
The surveyor must submit a sealed paper copy of the adjusted plat.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §10, 1-30-2002; Ord. No. 02-088 §8, 6-26-2002; Ord. No. 03-142 §1(114—116), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-162 §4, 10-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §60, 6-2-2010]
All plats shall include the following information:
A.
Accurate boundary survey to State of Missouri minimum surveying standards with bearings and distances tied to surveyed identification points (established section lines, fractional section lines, and/or U.S. survey lines).
B.
Location of lots, streets (including pavement and right-of-way widths), public highways, parks, sidewalks as required, and other features as required, with accurate dimensions to decimals of feet, length, and radii of all curves.
C.
Notation on cul-de-sac islands and raised medians, if any. All plats shall include a note stating:
"Construction, renovation, alteration or maintenance of any vegetation, landscaping and/or subdivision monuments on any cul-de-sac islands and raised medians in right-of-way dedicated or that may be dedicated to the public for streets maintained by the St. Charles County Highway Department shall be the responsibility of the subdivision homeowners association under special use permits issued by the St. Charles County Highway Department."
D.
Acreage and ownership of all common ground.
E.
Location of stormwater management facilities for stormwater runoff in common ground with feasible vehicular access, fifteen (15) foot width minimum. The plat shall also dedicate to St. Charles County or its successors in interest an easement of access to and in the common ground occupied by any stormwater management facilities for the purpose of inspection and enforcement of all applicable regulations of such stormwater management facilities. Placement and preservation of facilities outside of common ground will be considered on a case-by-case basis and approved by the Director of Community Development. Justification must be provided for consideration.
[Ord. No. 20-098, 12-21-2020]
F.
Watercourses left in their natural state must be shown within common ground, with lot lines set back from the top of the existing bank of the watercourse or the 10-year, 24 hour or 15-year, 20 minute water surface elevation, where no established top-of-bank can be determined, for all subdivisions except those with lots three (3) acres or larger in size, as provided by Part 3, Article VI of Chapter 405 of this Unified Development Ordinance. All plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri".
G.
Setback lines on front and side streets; location and dimension of utility easements. Areas designated as common ground shall not be dedicated as one (1) blanket utility easement unless approved by the Director of the Division of Planning and Zoning.
H.
Designate pipeline and/or overhead electric easements, and with respect to pipeline easements designate all setbacks and restrictions imposed by Section 405.503, Regulations Concerning High Pressure Pipelines.
I.
Names of streets and lots numbered in logical order. Streets and names of adjacent subdivision and/or adjacent property owners within one hundred (100) feet in dashed lines.
J.
Provide for a fifty-five (55) foot wide pavement radius and sixty-three (63) foot right-of-way radius turnaround where needed.
K.
Depict floodway fringe, density floodway, and floodway boundaries, and provide base flood elevations as shown on Flood Insurance Rate Maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA) and the maps presently filed in the office of the Division of Planning and Zoning. Any floodway areas or wetlands must be designated as common ground on the final plat.
L.
Indicate the future street number on each lot.
M.
All areas designated as areas for common use and enjoyment by subdivision lot owners shall be shown on the plat as common ground.
N.
Depict any existing easements across the property. No final plat shall be approved showing additional existing easements recorded after submittal of the preliminary plat to St. Charles County, unless the Director of the Division of Planning and Zoning determines that those additional existing easements do not encumber land to be dedicated by plat as right-of-way. Depict any existing easements on adjacent properties within one hundred (100) feet of the site that are utilized for the development of the site.
O.
Depict all monuments on plat.
P.
Notation of right-of-way to be dedicated to the public, whether such dedications are for subdivision streets, future road improvements, or any other public use, shall be in the form of a note on the plat stating:
[Ord. No. 14-046 §1, 5-27-2014]
"The undersigned owners hereby designate the streets and roadways shown hereon as public streets and roadways and dedicate them in trust to St. Charles County, Missouri, for use as right-of-way." |
Q.
Depict and dedicate all utility easements as specified in Section 410.320(D). Notation for dedication of utility easements shall include the following language:
[Ord. No. 14-046 §1, 5-27-2014]
“The undersigned owners of the real estate described herein do hereby grant and dedicate the areas shown as 'Easements' as perpetual non-exclusive utility easements for sanitary sewers, gas lines, water lines, electric lines, communication lines, other public utility facilities, and all related appurtenances. The perpetual non-exclusive utility easements are hereby granted to [insert applicable utility companies, such as: Public Water Supply District No. 2 of St. Charles County, Missouri, Missouri-American Water Company, Duckett Creek Sanitary District, Cuivre River Electric Company, Union Electric Company d/b/a Ameren Missouri, Laclede Gas, CenturyLink, Charter Communications, East Central Missouri Water and Sewer Authority, AT&T], and to all other public utility providers as their interest may appear, and their successors and assigns, for the installation, use, patrol, access, inspection, maintenance, repair, relocation, and replacement of sanitary sewers, gas lines, water lines, communication lines, electric lines, and other public utility facilities, including all related appurtenances and improvements, the right of temporary use of ground adjacent to said utility easements, not occupied by improvements [limited, however, to five (5) feet on either side of said easement] for the excavation and temporary storage of materials during the installation, inspection, repair, relocation, or replacement of said utility facilities, together with all rights implied by and incidental to the use of said utility easements, including, without limitation, the right of ingress and egress to and from such utility easements from adjacent property, and the right to trim, control, cut, and remove any and all brush, bushes, saplings, trees, roots, undergrowth, rock, overhanging branches, and other obstructions that adversely impact the function or ability to maintain the utility upon, over, and under the utility easements and the adjacent property. Any utility company or public provider that |
causes damage to the property shall be responsible to restore the disturbed area as nearly as possible to its prior former condition.” |
R.
Depict and dedicate all storm sewer easements as required by Section 410.320(E). Notation for dedication of storm sewer easements to the public shall include the following language:
[Ord. No. 14-046 §1, 5-27-2014]
“The undersigned owners hereby dedicate all storm sewer easements identified hereon to St. Charles County, Missouri for St. Charles County’s use for stormwater drainage facilities, with the right of temporary use of adjacent ground not occupied by improvements for the excavation and storage of materials during installation, repair or replacement of said utilities, sewers and drainage facilities.” |
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-122 §1, 7-30-2002; Ord. No. 03-142 §1(117), 10-1-2003; Ord. No. 04-053 §1, 4-13-2003; Ord. No. 05-027 §5, 3-1-2005]
A.
Dedication of all streets, public highways, and land intended for public use, together with the deed book and page of the subdivision restrictions, trust indentures, or street maintenance agreements, and signed by all parties who have mortgage or lien interest, including owner(s).
B.
Dedication of all private streets and easements.
[Ord. No. 14-046 §2, 5-27-2014]
C.
Certification as to acreage boundaries, monuments made by a registered land surveyor, testifying that the above were made by the surveyor.
D.
In the event a subdivision is to have privately maintained streets, storm sewers, stormwater management facilities, and/or common ground, evidence of the methods for controlling and maintaining each private facility shall be submitted with the final plat. Such restrictions or trust indentures must be reviewed by the Division of Planning and Zoning and Development Review before they may be recorded. Where any plat includes common ground, that plat shall include a note that title to that common ground shall be conveyed to a homeowners' association or its trustees, and the owner shall convey such title upon establishing such an association and designating its trustees.
[Ord. No. 20-098, 12-21-2020]
E.
In cases where the developer proposes to include other regulations (i.e., architectural control, covenants, and deed restrictions), they shall be submitted to the Director of the Division of Planning and Zoning indicating the additional regulations and how they are going to be administered.
F.
A letter addressed to St. Charles County by the holder of any easement for pipelines, or for overhead electric lines that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) certifying that the proposed final plat does not impair any rights under that easement or compromise any facilities within it. If such a letter cannot be supplied, submit a letter or affidavit stating the date on which a copy of the proposed final plat was mailed or delivered (as the case may be) to the easement holder or its representative and stating the name and address of that easement holder or its representative.
G.
Prior to the recording of the final plat, an entrance permit is needed from the Missouri Department of Transportation if the subdivision has an entrance on a State-maintained right-of-way.
H.
A residential housing development must be approved by the Missouri Department of Natural Resources for individual sewage disposal systems on subdivisions containing seven (7) or more lots prior to the approval of the final plat by the Director of the Division of Planning and Zoning.
I.
Statement relating to proof of payment of tap-on fees for appropriate sewer district.
J.
The above must have all signatures, corporate seal(s) affixed or embossed and be notarized by a notary public prior to the recording of the final plat. 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. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
No subdivision plat 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 Secretary or Chairperson of the Planning and Zoning Commission and the County Executive or Director of the Division of Planning and Zoning are endorsed thereon and until a performance guarantee has been posted or the public improvements have been constructed to County standards.
B.
No lot shall be sold for such subdivision plat until it has been reviewed and approved, as provided 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 preliminary plat is approved and a Land Disturbance Permit is issued. Further, no dwelling unit may be occupied until the public or private improvements are completed, unless a performance guarantee has been posted for the completion of said improvements and the final plat is recorded.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §61, 6-2-2010]
A.
When 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 County Council. Similarly, a person or persons owning a lot or lots subject to a platted private street or platted unimproved public street may petition to vacate that street, provided all owners of lots affected by that street join in the petition. Accompanying said petition shall be presented:
[Ord. No. 13-060 §6, 8-12-2013]
1.
A distinct legal description of the property to be vacated.
2.
A current recorded deed to the property showing ownership.
3.
A filing fee in the sum of two hundred dollars ($200.00).
Immediately upon receipt of such petition, the Division of Planning and Zoning shall note thereon the date of filing and make a permanent record thereof. All such petitions shall be set down for consideration before the County Council not later than ninety (90) days from the date of filing the same. Notice of such hearing shall be posted at least twenty (20) days in advance thereof in one (1) or more public areas of the Administration Building of the County and on the St. Charles County Government website. Notice shall also be given, at least twenty (20) days before the County Council consideration, by U.S. mail to all owners of any real property (as per the current records of the St. Charles County Assessor) within five hundred (500) feet of the parcel of land for which the vacation is proposed. | |
The petition shall be placed on the County Council's consent agenda for consideration. If no opposition be made to said petition, the County Council may vacate the same by order with such restriction as they may deem for the public good. Should opposition be made, it must be made in written form and presented to the County Registrar no later than seven (7) days prior to the County Council meeting. Said petition shall then be set down for public hearing before the County Council. No vacation shall take place, unless the advice of the Division of Planning and Zoning be obtained, which advice shall be filed with said petition. |
B.
This provision for the vacation of subdivisions or parts thereof shall not apply to requests for the release of platted easement rights. The County Council may consider and grant such releases provided that any and all parties that have or may have interests in such easements consent in writing to the requested release.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(118), 10-1-2003]
After the recording of a final plat for all individual units or a condominium development, the developer may obtain approval of individual units or structures consistent with the preliminary plat.
In addition to the three (3) paper prints and the mylar of the condominium plat, a digitized version that complies with County mapping standards shall be submitted. The digitized version should be accompanied by the information consistent with the final plat.
The condominium plat shall be consistent with all applicable State Statutes and shall be approved by the Director of the Division of Planning and Zoning.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(119), 10-1-2003]
A.
Three (3) folded prints of the boundary adjustment plat shall be submitted to the Division of Planning and Zoning. In addition to the three (3) paper prints and the mylar of the Boundary Adjustment Plat, a digitized version that complies with County mapping standards shall be submitted. The digitized version should be accompanied by the information consistent with the final plat. All Boundary Adjustment Plats shall be prepared by a Missouri registered professional land surveyor and/or Missouri registered professional engineer and bear their signature and seal. There shall be no filing/review fee for a Boundary Adjustment Plat submitted.
B.
Boundary Adjustment Plats must meet the following criteria:
C.
Boundary Adjustment Plats shall include, at a minimum, the following:
1.
Name of plat and names of those who prepared the plat.
2.
North point, date of survey, and scale used.
3.
Location of original and adjusted lot lines and their relation to established section lines, fractional section lines or U.S. survey lines.
4.
Acreage of original and adjusted lots.
5.
Setback lines, location of easements.
6.
Street numbers of each lot.
7.
Certification as to acreage boundaries, monuments made by a registered land surveyor, testifying that the above were made by the surveyor.
8.
Owner of record signature(s) and lienholder's statement. These signatures must be notarized by a notary public prior to recording the plat.
9.
The statement "This Boundary Adjustment Plat is approved for recording this ________ day of ________________." The statement shall also include a three (3) inch line with the title "Director of the Division of Planning and Zoning" directly below the line for his/her signature.
D.
Boundary Adjustment Plat Approval. No Boundary Adjustment Plat 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 Director of the Division of Planning and Zoning is endorsed thereon.