[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The preliminary plat procedure is used to review an overall
plan for a proposed subdivision to ensure compliance with this Code,
the Comprehensive Plan, and the adequate provision of facilities and
services to the City.
B.
Applicability.
1.
This Section shall apply to any request that meets one of the
following criteria:
a.
Minor Preliminary Plat.
(1)
Creates three (3) or fewer new lots or ten (10)
or fewer new condominium units.
(2)
Converts an existing building into condominium
units.
(3)
Combines two (2) or more lots into a single lot.
(4)
Adjusts the property lines between two (2) or more
properties.
(5)
Amends a recorded final plat to correct minor survey
or drafting errors.
(6)
Dedicates easements to the City.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Minor Preliminary Plat Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
3.
Staff Review And Action.
b.
Review Criteria. A minor preliminary plat shall
be reviewed according to the following criteria:
(1)
The preliminary plat is consistent with the Comprehensive
Plan and any approved Master Plan that includes the property.
(2)
The preliminary plat is consistent with the intent
of the underlying zoning district and complies with applicable dimensional
standards of the underlying zoning district.
(3)
The preliminary plat complies with all applicable standards in this Code, including Chapter 430, Subdivision and Improvement Standards, and the Engineering and Plan Preparation Manual
for Public Facilities (Title V, Appendix A);.
4.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Effect Of Approval. An approved minor preliminary plat may be recorded with the St. Charles County Recorder of Deeds, subject to the requirements of Section 430.040, Filing of Approved Record Plats.
(2)
Expiration Of Approval. An approved minor preliminary plat shall expire one (1) year after the date of final approval unless it is recorded with the St. Charles County Recorder of Deeds in accordance with Section 430.040, Filing of Approved
Record Plats, or an extension is granted pursuant to Section 405.080.
D.
Major Preliminary Plat Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
6.
Review And Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070 and the criteria listed in Subsection (D)(6)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (D)(6)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria. A major preliminary plat shall
be reviewed according to the following:
(1)
The preliminary plat is consistent with the Comprehensive
Plan and any approved Master Plan that includes the property;
(2)
The preliminary plat is consistent with the intent
of the underlying zoning district and complies with applicable dimensional
standards of the underlying zoning district;
(3)
The preliminary plat complies with all applicable standards in this Code, including Chapter 430, Subdivision and Improvement Standards, and the Engineering and Plan Preparation Manual
for Public Facilities (Title V, Appendix A);
(4)
The preliminary plat provides a layout of lots,
streets, blocks, driveways, utilities, drainage, and other public
facilities and services designed to minimize the amount of disturbance
to sensitive areas and/or community assets;
(5)
The preliminary plat provides evidence of public
water and sewer system connections;
(6)
The existing utilities and infrastructure, including
but not limited to streets, water, sanitary and storm sewers, have
adequate capacity to serve the proposed development, and any burdens
on those systems have been mitigated to the degree practicable;
(7)
The preliminary plat identifies and adequately
mitigates known natural hazard areas; and
(8)
The preliminary plat proposes reasonable project
phasing in terms of infrastructure capacity.
7.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
(2)
Expiration Of Approval. An approved
major preliminary plat shall expire two (2) years after the date of
final approval unless:
(b)
A record plat for all or part of the approved major preliminary plat is recorded with the St. Charles County Recorder of Deeds in accordance with Section 430.040, Filing of Approved Record Plats.
i.
Within one (1) year of recording the record plat
for the first phase of the subdivision, an application for record
plat must be approved for the next phase, continuing with each successive
phase, until record plats have been approved and recorded for all
the land subject to the original major preliminary plat.
ii.
If the applicant fails to receive approval for a record plat for any phase of the development within the prescribed period, or within any extension granted pursuant to Section 405.080, the original major preliminary plat shall expire for that phase and for all other phases for which a record plat has not been approved or no longer remains in effect on the date of expiration.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The record plat procedure completes the subdivision process
and ensures compliance with the approved minor or major preliminary
plat before final recording.
B.
Applicability.
1.
This Section shall apply to minor and major preliminary plats approved in accordance with Section 405.120.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
3.
Staff Review and Action.
b.
Review Criteria. A record plat shall be reviewed
according to the following:
(1)
It substantially complies with all requirements
of this Code;
(2)
It complies with the applicable technical standards
and specifications adopted by the City; and
(3)
It conforms to the approved major or minor preliminary
plat, including any conditions of approval. A record plat is not consistent
with an approved major or minor preliminary plat if it:
(a)
Increases the number of buildable lots, dwelling
units, or amount of permitted nonresidential development; or
(b)
Decreases the number of buildable lots, dwelling
units, or the amount of permitted nonresidential development in an
area where the Comprehensive Plan recommends increasing development
density or intensity, or where achieving a minimum density or intensity
of development were factors in the City's discussion or approval
of the preliminary plat; or
(c)
Modifies the proposed street layout or the location
or dimensions of proposed blocks or development areas so as to increase
through traffic in residential areas within the subdivision, or so
as to increase the length of pedestrian, bicycle, or automobile trips
within the subdivision or to or from streets bordering the subdivision;
or
(d)
Modifies the location of designated open space
or an existing or proposed conservation easement so as to increase
the distance or decrease usability or attractiveness of the open space
or easement area for residents and occupants of the subdivision, or
so as to decrease the connectivity of open spaces with adjacent properties
outside the subdivision; or
(e)
Removes a restriction on property use or modifies
a minor adjustment or variance related to the approved minor or major
preliminary plat.
4.
Post-Decision Actions and Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Effect Of Approval.
(a)
An approved record plat may be recorded with the St. Charles County Recorder of Deeds, subject to the requirements of Section 430.040, Filing of Approved Record Plats.
(b)
No vested rights shall accrue to any plat by reason
of preliminary or final approval until the actual signing of the plat
by the applicable City officials.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
The vacation of right-of-way/easement plat procedure provides
a mechanism for vacating rights, interests, or title of the City in
and to any right-of-way or easement located in the City.
B.
Applicability.
1.
This Section shall apply to any request for vacating rights,
interests, or title of the City in and to any right-of-way or easement
located in the City.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
5.
Review and Decision-Making Bodies.
a.
Planning And Zoning Commission Review And Recommendation. The Planning and Zoning Commission shall review the application and recommend approval, approval with conditions, or denial in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Planning and Zoning Commission may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Board Of Aldermen Review And Decision. The Board of Aldermen shall review the application and act to approve, by ordinance, or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(c). The Board of Aldermen may also continue the public hearing to a specific date in accordance with Section 405.070.
c.
Review Criteria. A vacation of right-of-way/easement
plat shall be reviewed according to the following:
(1)
The right-of-way has never been formally opened
or used as a City street, has never been used for park or governmental
purposes, or has been abandoned and removed;
(2)
All portions of the right-of-way or easement to
be vacated are within the City;
(3)
No land adjoining the right-of-way to be vacated
shall be left, as a result of the vacation, without an established
public road connecting to another established public road.
6.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
