[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.
b. 
Major Preliminary Plat.
(1) 
Creates more than three (3) new lots or more than ten (10) new condominium units.
(2) 
Requires the dedication of right-of-way or construction of public improvements.
(3) 
Does not qualify as a minor preliminary plat in accordance with Subsection (B)(1)(a).
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.
2. 
Application Submission And Handling.
a. 
The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040.
3. 
Staff Review And Action.
a. 
The Community Development Director shall review the application and act to approve or deny the application in accordance with Section 405.050 and the criteria listed in Subsection (C)(3)(b).
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.
2. 
Preapplication Meetings.
a. 
A preapplication staff meeting and preapplication neighborhood meeting shall be held in accordance with Section 405.030.
3. 
Application Submission And Handling.
a. 
The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040.
4. 
Staff Review And Action.
a. 
The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with Section 405.050.
5. 
Notice And Public Hearings.
a. 
The application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Aldermen and noticed in accordance with Section 405.060.
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) 
Effect Of Approval.
(a) 
Approval of a major preliminary plat authorizes the applicant to submit applications for record plat (Section 405.130) and improvement plan (Section 405.180).
(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.
(2) 
Expiration Of Approval. An approved major preliminary plat shall expire two (2) years after the date of final approval unless:
(a) 
An extension is granted pursuant to Section 405.080; or
(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.
iii. 
If an approved record plat expires in accordance with Section 405.130, the major preliminary plat for that phase shall also expire, and all other phases for which a record plat has not been approved or is not pending approval, or has lapsed subsequent to approval, 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.
2. 
Application Submission And Handling.
a. 
The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040.
3. 
Staff Review and Action.
a. 
The Community Development Director shall review the application and act to approve or deny the application in accordance with Section 405.050 and the criteria listed in Subsection (C)(3)(b).
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.
(2) 
Expiration Of Approval. An approved record plat shall expire one (1) year after the date of final approval unless it is recorded with the St. Charles County Recorder of Deeds or an extension is granted pursuant to Section 405.080.
[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.
2. 
Application Submission and Handling.
a. 
The application shall be submitted to the Department of Community Development and handled in accordance with Section 405.040.
3. 
Staff Review And Action.
a. 
The Community Development Director shall review the application and prepare a staff report and recommendation to the Planning and Zoning Commission in accordance with Section 405.050.
4. 
Notice And Public Hearings.
a. 
The application shall be scheduled for public hearings before the Planning and Zoning Commission and Board of Aldermen and noticed in accordance with Section 405.060.
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:
(1) 
Effect Of Approval. An approved vacation of right-of-way/easement 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 vacation of right-of-way/easement plat shall expire one (1) year after the date of final approval unless it is recorded with the St. Charles County Recorder of Deeds or an extension is granted pursuant to Section 405.080.