[CC 1970 App. B §1.1; Ord. No. 5765 §1, 6-24-2003]
It is the purpose of this Chapter to provide for the orderly
and efficient development of the City of Clayton by providing rules,
regulations and standards to guide land subdivision within the City
of Clayton, Missouri. This Chapter is to be administered in a manner
that will insure the orderly growth and development of the community,
the conservation of greenspace, protection and proper use of land
in accordance with the Clayton Zoning Ordinance and adequate provision
for traffic circulation, utilities and other municipal purposes.
[CC 1970 App. B §1.2; Ord. No. 5765 §1, 6-24-2003]
The City of Clayton hereby establishes and adopts these regulations
governing the platting or declarations of any and all condominium
or condominium building conversions, boundary adjustments, minor subdivisions,
major subdivisions and amendments to approved plats pursuant to the
authority granted in Chapter 89, Section 89.410, RSMo., or as may
be amended, of the general Statutes of the State of Missouri.
[CC 1970 App. B §1.3; Ord. No. 5765 §1, 6-24-2003]
These regulations shall govern the platting or declarations
of any and all condominium declarations and platting or condominium
building conversions, boundary adjustments, minor subdivisions, major
subdivisions and amendments to approved plats within the corporate
limits of the City of Clayton.
[CC 1970 App. B §1.4; Ord. No. 5765 §1, 6-24-2003]
No condominium declarations and platting or condominium building
conversion, boundary adjustment, minor subdivision, major subdivision
or amendment to approved plat within Clayton may be filed or recorded
with the St. Louis County Recorder of Deeds until it has been submitted
to and approved by the City as specified herein and until the approval
is entered on the face of the plat.
[CC 1970 App. B §1.5; Ord. No. 5765 §1, 6-24-2003]
A.
After
the effective date of this Chapter, any plat filed or recorded in
the office of the St. Louis County Recorder of Deeds without required
approval shall be null and void for purposes of this Chapter. No building
or repair permits shall be issued for any structure located on a lot,
the plat of which has been prepared after the date of the adoption
of this Subdivision Ordinance, but which has not been approved in
accordance with the provisions contained herein. Additionally, the
City of Clayton shall not permit any public improvements to be made
or any funds to be expended for improvements on any property that
has been platted after the date of the adoption of this Chapter, unless
such condominium or condominium building conversion, boundary adjustment,
minor subdivision, major subdivision or amendment to approved plat
or street has been approved in accordance with the provisions contained
in this Chapter.
B.
Any
person or entity who sells or attempts to sell a lot by metes and
bounds or otherwise or condominium building or the unit(s) therein
in violation of this Chapter shall be guilty of a misdemeanor and
may be fined not less than one hundred dollars ($100.00) or more than
five hundred dollars ($500.00) for each and every day that such violation
shall continue or by imprisonment for ten (10) days for each and every
day such violation shall continue or by both such fine and imprisonment
at the discretion of the court. Any person, firm or corporation who
violates or fails to comply with or permits or causes any person in
his/her or its employ to violate or fail to comply with any provision
of this Chapter shall upon conviction thereof be subject to a fine
of not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and everyday that such violation shall
continue or by imprisonment for ten (10) days for each and every day
such violation shall continue or by both such fine and imprisonment
at the discretion of the court.
[CC 1970 App. B §1.6; Ord. No. 5765 §1, 6-24-2003]
The Board of Adjustment shall have no authority to vary or modify
the requirements of the subdivision regulations.
[CC 1970 App. B §1.7; Ord. No. 5765 §1, 6-24-2003]
Any applicant who feels aggrieved by any decision made regarding
the approval of a plat may, within fifteen (15) days of the decision
for which redress is sought, file directly to the Board of Aldermen
a written request for reconsideration and appeal. The written request
must set forth in a concise manner the decision being appealed and
all grounds known to the appellant as to wherein and why the decision
is allegedly in error. The Board of Aldermen may consider the appeal
on the record of the prior decision or may, at its sole discretion,
receive additional evidence in such manner as it deems appropriate
in light of the circumstances.
[CC 1970 App. B §1.8; Ord. No. 5765 §1, 6-24-2003]
If any portion of this Chapter is adjudged invalid or unconstitutional
by a court of competent jurisdiction, such decision shall apply only
to the portion so adjudged and the remainder of this Chapter shall
be deemed valid and effective.
[CC 1970 App. B §1.9; Ord. No. 5765 §1, 6-24-2003]
At the time an application is filed, the applicant shall pay
a fee as required by the fee schedule approved by the Board of Aldermen.
