[Ord. No. 4190, 2-1-2021]
A. 
All subdivision plats shall comply with the following laws, rules and regulations:
1. 
All applicable provisions of the Missouri Statutes;
2. 
This Code, Building Codes, and all other applicable laws;
3. 
Any adopted policies and rules of the Public Works Department, and the Department of Natural Resources of the State of Missouri;
4. 
The rules of the Missouri Department of Transportation if the subdivision of any lot contained therein abuts a State highway; and
5. 
The standards and regulations adopted by the Public Works Department and all boards, commissions, departments, agencies and officials of the City adopted pursuant to any law or ordinance.
B. 
Plat approval may be withheld if a subdivision is not in conformity with any of the above or the intent and purpose of this Code.
C. 
Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction and to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building or premises, and these remedies shall be in addition to the penalties described in Section 100.210, General Penalty, of the Municipal Code.
[Ord. No. 4190, 2-1-2021]
A. 
General.
1. 
No record plat may be recorded with the St. Charles County Recorder of Deeds until the Community Development Director has either:
a. 
Certified that the proposed plat does not constitute a subdivision; or
b. 
Determined that the land division constitutes a subdivision and has been reviewed and approved in accordance with the applicable procedures in Chapter 405, Administration and Procedures; and
c. 
The public improvements have been installed or financially assured in accordance with Article IX, Required Improvements and Guarantees.
2. 
No owner, or agent of the owner, of any land located within the City, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the City and recorded with the St. Charles County Recorder of Deeds unless the owner or agent shall disclose in writing that such plat has not been approved by the City and the sale is contingent upon the approval of such plat by the City.
3. 
Any person violating the provisions of Subsection (A)(2) shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
4. 
The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer or lease shall not be permitted except if the subdivision results in the subdivision of two (2) or more parcels of more than ten (10) acres each.
B. 
Submission For Filing And Review.
1. 
Subsequent to approval of a record plat, one (1) copy of the record plat, in a form acceptable to the St. Charles County Recorder of Deeds, shall be submitted to the Community Development Director for final review.
2. 
The record plat shall be signed and notarized by all parties.
3. 
A check payable to the St. Charles County Recorder of Deeds in the amount of the current filing fee shall be provided.
C. 
Signing Of Plat.
1. 
The Chairman of the Planning and Zoning Commission, Mayor, and the City Clerk shall endorse approval on the plat.
D. 
Recording Of Plat.
1. 
It shall be the responsibility of the Community Development Director to file the record plat with the St. Charles County Recorder of Deeds office within thirty (30) days of the date of the final signature.
2. 
Simultaneously with the filing of the plat, the Community Development Director shall record any applicable agreements of dedication and trust indentures.
3. 
The plat may not be recorded until all required public improvements are installed or financially assured in accordance with Article IX, Required Improvements and Guarantees.
[Ord. No. 4190, 2-1-2021]
A. 
No building permit or certificate of occupancy shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of the regulations.
B. 
No building permit shall be issued until the record plat is approved and recorded with the St. Charles County Recorder of Deeds, and the public improvements are installed or financially assured in accordance with Article IX, Required Improvements and Guarantees.
[Ord. No. 4190, 2-1-2021]
A. 
The City may approve or reject the development of platted subdivisions of land already recorded in the office of the St. Charles County Recorder of Deeds if such plats are entirely or partially undeveloped or deemed invalid.
B. 
The subdivision shall be considered to be entirely or partially undeveloped if said plat was approved and recorded more than three (3) years prior to granting of a building permit and the regulations for the zoning district governing the subdivision have changed since the plat was recorded.
C. 
If said plat was properly recorded, then the platted subdivision shall be considered valid; however, development of the subdivision shall conform to the current zoning district regulations and not the regulations in place at the time of recording the plat.
D. 
The subdivision shall be considered invalid if said plat was recorded with the St. Charles County Recorder of Deeds office without proper approval as required by this Code. Prior to any development of the subdivision, the plat shall go through the proper approval process to become valid.
[Ord. No. 4190, 2-1-2021]
A. 
The City shall not grant or issue any plat, subdivision or resubdivision approval, building permit or certificate of occupancy to any applicant if it has been determined by any court of competent jurisdiction or any official Federal, State, county or municipal agency or board that said applicant has violated, or is violating, any Federal, State, county or municipal law, ordinance or regulation pertaining to consumer protection for the sale of real estate or promotion for the sale of real estate or land development practices within the City.
B. 
In the event a subdivision or resubdivision has been approved or a building permit or certificate of occupancy granted or issued prior to determination of a violation as set out in Subsection (A), said approval, permit or certificate shall be subject to revocation by the City until so ordered otherwise by a court of competent jurisdiction, provided that in no event shall rights of intervention of innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.
C. 
Any applicant shall be subject to the provisions as set forth in Subsection (A) hereinabove if it can be shown that any shareholder, partner or officer of said applicant, either individually or through a partnership or corporate interest, is currently in violation of Subsection (A) hereinabove set forth.
D. 
Failure to complete subdivision improvements within the City, within a reasonable time, shall be deemed as prima facie evidence of being in violation of this Section of the development regulations and procedures. Any applicant or any shareholder, partner or office of said applicant, either individually or through a partnership or corporate interest, in violation of this Section shall not have another application considered until the violations are corrected or the applicant receives written waivers from all parties who have an interest in the real estate involved, and the City shall be deemed to be an interested party for all parcels of real estate within the boundaries of the City of Lake Saint Louis.