[CC 1961 §22.03; Ord. No. 1987 §1, 11-19-1973]
Each subdivider of land shall confer with the Director of Public
Works or his/her designated representative before preparing the sketch
plans or preliminary plat in order to become thoroughly familiar with
the comprehensive City plan and with regulations of the City affecting
the territory in which the proposed subdivision lies before presenting
the proposed subdivision or resubdivision to the Mayor and Council.
After review, the Mayor and Council shall refer the subdivision or
resubdivision to the Plan Commission for review and recommendation.
[CC 1961 §22.03(A); Ord. No. 1987 §1, 11-19-1973]
A.
Prior
to submitting a preliminary plat for the subdivision of land within
the incorporated area of Berkeley, two (2) copies of a sketch plan
may be submitted to the Plan Commission. A sketch plan shall include
the following information:
1.
The location of the subdivision in relation to the surrounding area.
2.
All existing structures and wooded areas within the portion to be
subdivided and within two hundred (200) feet thereof.
3.
The names of the owners of all adjoining property as disclosed by
the most recent County Assessor's record.
4.
All existing streets, roads, streams, and other significant physical
features within five hundred (500) feet of the subdivision.
5.
Approximate location of proposed streets and property lines.
6.
Location of nearest elementary and high schools.
7.
Location of shopping area.
8.
The proposed site plan.
9.
A north arrow and graphic scale.
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The Commission shall review and evaluate the sketch plan and
shall report to the subdivider thereon within a period as prescribed
by the City Charter. After the date of submission thereof to the Commission,
if the Commission does not act within the prescribed period, the sketch
plan shall be deemed to be approved.
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[CC 1961 §22.03(B); Ord. No. 1987 §1, 11-19-1973]
A.
Each
copy of the preliminary plat submitted shall be clear and legible
and at a scale of either one (1) inch equals fifty (50) feet or one
(1) inch equals one hundred (100) feet. Nine (9) prints of the preliminary
plat together with two (2) completed application forms for preliminary
approval shall be submitted to the City Clerk in sufficient time to
be placed on the Commission agenda. The preliminary plat shall contain
the following information concerning the subdivision:
1.
A key map showing the entire subdivision and its relation to the
surrounding area.
2.
A north arrow and graphic scale.
4.
Area of tract to nearest one tenth (0.1) acre.
5.
Sufficient contour data to indicate the slope and drainage of the
land, and the high and low points and tentative cross-sections.
6.
The locations of existing and proposed property lines, streets, watercourses,
sink holes, railroads, bridges, culverts, drainpipes, sanitary sewers,
water mains, utility easements, and natural features such as wooded
areas and rock formations.
7.
The location of existing buildings or other improvements that are
to remain.
8.
The location of building lines.
9.
The location of any parks or open space.
10.
The location of all existing streets, roads, streams, and other significant
physical features within five hundred (500) feet of the subdivision.
11.
The location of all existing lot lines adjacent to the proposed subdivision.
12.
Numbered centerline profiles, with adequate stationing for all proposed
new streets, as required by the Commission.
13.
Any area within the tract subject to inundation by storm water.
14.
The surface conditions of the property.
15.
The results of any tests made to ascertain subsurface rock, soil,
and water table.
16.
Zoning District, Township, Range, Section and U.S. Survey, School
District, Fire District, Water Company, and other special districts.
17.
Spot elevations and slope ratios, sufficient to prepare a grading
plan.
18.
Approximate lot area for each lot in square feet, if less than one
(1) acre, and in acres if one (1) acre or more.
19.
An outline of the deed restrictions and covenants that will be placed
upon the subdivision.
21.
All the information required in the sketch plan.
22.
A certification by the designer on the face of the plat that said
plat is a correct representation of all existing and proposed land
divisions and that the plat fully complies with the provisions of
this regulation.
B.
The
Commission shall, after review, approve or reject the preliminary
plat.
1.
The Commission shall affix a notation of approval, date of approval and the signature of both the Chairman and Secretary of the Commission to a plat satisfactorily complying with the requirements of these subdivision regulations, and the plat shall be returned to the submitting party, who may then proceed in compliance with the following Section of Article III.
2.
If the preliminary plat is unsatisfactory, the Commission shall give
notice to the submitting party in writing, setting forth the conditions
causing the disapproval, and the unsatisfactory conditions shall be
remedied prior to further consideration by the Commission.
3.
Whenever a preliminary plan includes a proposed establishment of
common land, and the Commission finds that such land is not suitable
for common land, the Commission may either refuse to approve such
an establishment, or it may require the rearrangement of lots in the
proposed subdivision to include such land.
4.
The Commission shall approve or reject such plat within the time
period as prescribed by the Charter after the date of submission thereof
to the Commission. If the Commission does not act within the prescribed
period, the preliminary plat shall be deemed to be approved.
5.
Preliminary approval shall be valid for a period of two (2) years
from the date of approval. If the submission has not been recorded
at the end of said two (2) year period, a resubmission and review
shall be required.
[CC 1961 §22.03(C); Ord. No. 1987 §1, 11-19-1973]
A.
After
the preliminary plat is approved, improvement plans prepared by an
engineer shall be submitted for review to the Commission.
1.
Improvement plans shall be prepared on a sheet of paper and shall
contain the following information:
a.
Title page, which shall include key map showing the relationship
of the platted area to the balance of the subdivision or to other
platted areas, as well as the entire subdivision and its surroundings.
b.
All plans shall have the north arrow pointing to the top or right-hand
side of the sheet.
c.
Title block showing name and address of developer and engineering
firm, as well as the engineer's seal.
d.
One (1) or more bench marks, in or closely adjacent to the subdivision.
The identity and elevation shall be based on sea level datum according
to the catalogue of bench marks by the Missouri Geological Survey
(USGS).
e.
List of the standards and specifications followed, citing volume,
section, page, or other references.
f.
Detailed paving plans conforming to City specifications.
g.
Detailed drawings of streets, existing and proposed sanitary sewers,
drainage channels, swales, and storm sewers.
h.
Plans and profiles of streets and sewers, scale not less than one
(1) inch equals fifty (50) feet horizontal; and one (1) inch equals
five (5) feet vertical.
i.
Details of streets and drainage structures.
j.
Existing and proposed survey monuments.
k.
Any other pertinent information deemed necessary by the Commission.
2.
The engineer must submit to the Commission, the required number of
paving and street grade plans together with drainage map computations
for storm water. These plans will be reviewed by both the Director
of Public Works and the Commission. If corrections or additions are
needed, revised plans must be submitted by the engineer to the Commission.
Approval of the street grades is the authority to submit the sewer
plans to the Metropolitan St. Louis Sewer District. After the District
has approved sanitary and storm sewer plans, they shall be submitted
to the Commission for review and approval. Approval of the plans and
payment of inspection fees constitutes authority to start construction
or to post bond or escrow to cover the cost of improvements. This
approval is valid for two (2) years from the date of the Commission's
approval. In the event the improvements have not been completed, a
resubmission and subsequent review shall be required.
3.
After the required improvements have been constructed and are in
the process of being accepted or of obtaining final approval, the
engineer shall submit the required number of as-built plans to the
Commission.
[CC 1961 §22.03(D); Ord. No. 1987 §1, 11-19-1973]
A.
After
the improvement plans have been approved, but before consideration
of the record subdivision plat, the subdivider must:
1.
Either complete the improvements, under the inspection of the Director
of Public Works and in accordance with the approved improvement plans,
or
2.
Post a land subdivision bond or escrow agreement insuring or guaranteeing
the installation of said improvements. The Land Subdivision Bond or
Escrow Agreement shall:
a.
Be prepared on forms furnished by the Commission and shall be signed
by the Mayor and the City Clerk and approved by the City Attorney.
b.
Insure or guarantee the construction and completion of the improvements,
as set forth in the approved improvement plans based on the cost estimate
prepared by the Director of Public Works.
c.
Provide that the escrowed sum shall be held in special escrow account
by the escrow holder subject to audit by the City of Berkeley. This
audit shall be at the expense of the subdivider.
d.
The bonded or escrowed sum shall be held by the surety agent or escrow
holder, as in the agreement provided, until such time as the Council
shall, by written authorization addressed to the escrow holder or
surety agent, release the escrow or bond sum.
(1)
The Council may authorize the release of the escrow sum for
disbursement by the escrow holder for the payment of labor and materials
used in the construction and installation of the improvements guaranteed
as the work progresses. However, before said authorization is approved,
the Council shall receive written notification from the Director of
Public Works.
(2)
In no case shall the Council authorize the release, nor shall
the escrow holder release, more than eighty percent (80%) of the escrow
sum, until said improvements and installation have been completed
in a satisfactory manner in compliance with these subdivision regulations
and approved by the Commission.
(3)
The land subdivision bond shall be authorized for release by
the Council only after the guaranteed improvements have been installed
and final approval and acceptance have been completed.
(4)
The land subdivision bond or escrow agreement shall run for
a period not to exceed two (2) years. If at the end of the two (2)
year period, all the improvements have not been completed, the Council
may extend said agreements for a period not to exceed one (1) year.
If the improvements have not been completed at the need of the two
(2) year period and the Council does not extend said agreements, the
escrow holder or surety shall turn over to the Department of Public
Works the necessary monies to complete the unfinished improvements.
If the escrow holder or surety fails to turn over said monies within
thirty (30) days after written request, the Council shall recommend
that the City Attorney take immediate action to obtain the necessary
monies from the escrow agent or surety to complete the unfinished
improvements.
B.
All
escrow agents and sureties must be approved by the Mayor and Council.
All escrow agents and sureties will be subject to spot audits by Berkeley
under the direction of the Mayor and Council. If the escrow agent
or surety fails to comply with any of the provisions of the escrow
agreement or the land subdivision bond, the escrow agent or surety
shall not thereafter be allowed to act as escrow agent or surety for
any development in the incorporated area of Berkeley, Missouri.
[CC 1961 §22.03(E); Ord. No. 1987 §1, 11-19-1973]
A.
The
record plat on tracing cloth, drafting film, or equivalent, together
with copies of any deed restrictions where such are too lengthy to
be shown on the plat, shall be submitted to the Commission for its
approval. The approval of the Commission shall be shown on the plat
with the date of such approval and the signature of both the Chairman
and Secretary of the Commission.
B.
The
record plat, after approval by the Commission, shall be submitted
to the Mayor and Council for final approval or rejection, and for
acceptance or rejection of streets, alleys, easements, parks and/or
other areas preserved for or dedicated to the public.
C.
If
the Commission does not approve the record plat, the Council may approve
the plat and accept the public areas and easements thereon only by
an affirmative vote of five (5) members of the Council.
D.
Two
(2) copies of all record plats shall be filed in the office of the
City Clerk after approval by the Mayor and Council.
E.
The
record plat, after final approval by the Mayor and Council, shall
be filed with the St. Louis County Recorder of Deeds within thirty
(30) days from the date of such approval. If any record plat is not
filed within this period, the approval shall expire.
F.
The
record plat is to be prepared by a land surveyor, at a scale of one
(1) inch equals fifty (50) feet or one (1) inch equals one hundred
(100) feet from an accurate survey on one (1) or more sheets whose
maximum dimensions are thirty-six (36) inches by thirty-six (36) inches.
In certain unusual instances where the subdivided area is of unusual
size or shape, the Commission may permit a variation in the scale
or size of the record plat. If more than one (1) sheet is required,
a key map on Sheet #1 showing the entire subdivision at reduced scale
shall be provided. The record plat shall show and be accompanied by
the following information:
1.
North arrow and graphic scale.
2.
The boundary lines of the area being subdivided with accurate distances
and bearings; also all Section, U.S. Survey and congressional township
and range lines and the boundary lines of municipalities, sewer, school,
and other legally established districts within or adjoining the subdivided
area.
3.
The lines of all proposed streets and alleys with their widths and
names.
4.
An accurate delineation of any property offered for dedication to
public use.
5.
The line of departure of one (1) street from another.
6.
The lines of all adjoining lands and the lines of adjacent streets
and alleys with their widths and names.
7.
All lot lines and an identification system for all lots and blocks.
8.
Building lines and easements for rights-of-way provided for public
use, services or utilities, with figures showing their dimensions,
and listing uses that are being provided.
9.
All dimensions and bearings, both linear and angular, necessary for
locating boundaries of subdivisions, blocks, lots, streets, alleys,
easements, building lines, and of any other areas for public or private
use. The linear dimensions are to be expressed in feet and decimals
of a foot.
10.
Radii, arcs, and chords, points of tangency, central angles for all
curvilinear streets; and radii, arcs, and points of tangency for all
rounded corners.
11.
All survey monuments, together with their descriptions and bench
marks, with reference to sea level datum according to the catalogue
of bench marks of the Missouri Geological Survey.
12.
Area in square feet for each tract, site, parcel or lot on the plat.
13.
A drawing of the proposed subdivision prepared at the scale of one
(1) inch equals two hundred (200) feet on a base map provided by the
City Clerk or the director of Public Works.
14.
Name of subdivision and description of property subdivided, showing
its location and area, north point, scale of plan, and name of owner
or owners.
15.
Certification by a land surveyor to the effect that the plat represents
a survey made by him/her, and that the locations of all required survey
monuments are correctly shown thereon. The month and year during which
the survey was made shall also be shown.
16.
Private restrictions and trusteeships and their periods of existence.
Should such restrictions and trusteeships be of such length as to
make the lettering of same on a plat impracticable and thus necessitate
the preparation of a separate instrument, reference to such instrument
shall be made on the plat. Plats shall contain proper acknowledgments
of owners and the consent by the mortgagee, if any, to said plat and
restrictions.
17.
A certificate shall be submitted to the Council showing that all
taxes payable have been paid in full.
[CC 1961 §22.03(F); Ord. No. 1987 §1, 11-19-1973]
After the subdivision improvements have been constructed and
installed, but before the inspecting agencies recommend final approval
or acceptance, the subdivider shall submit the necessary as-built
drawings of subdivision improvements as required by the Commission.
[CC 1961 §22.03(G); Ord. No. 1987 §1, 11-19-1973]
Before a subdivision file can be completed and the developer's
obligation to Berkeley is terminated, all required improvements shall
be constructed under the supervision of the Director of Public Works
and accepted for maintenance or given final approval by the Mayor
and Council.
[CC 1961 §22.03(H); Ord. No. 1987 §1, 11-19-1973]
The Commission may not waive the requirement of submission of
a preliminary plat for a minor subdivision.
