[CC 1970 App. B §4.1; Ord. No. 5765 §1, 6-24-2003]
The purpose of this Article is to outline and describe the process
for application, review and approval of a boundary adjustment. The
purpose of the boundary adjustment plat is to establish a legal record
in accordance with the provisions of this Subdivision Ordinance. A
boundary adjustment is required any time an applicant proposes to
adjust the boundary line(s) of a lot(s). The boundary adjustment process
only applies in circumstances where the number of lots remains the
same (no new lots are being created nor are the number of lots being
reduced). No public improvements, dedications or the establishment
of new public or private streets, alleys or other thoroughfares or
a change in existing streets may be involved.
[CC 1970 App. B §4.2; Ord. No. 5765 §1, 6-24-2003]
A.
Whenever
any boundary adjustment is proposed and before any permit for the
development of or construction of any improvement on any land in such
area shall be granted, the applicant shall apply for and secure approval
of a boundary adjustment plat in accordance with the following procedure.
B.
Before
filing an application for approval of a plat, the applicant may, at
its election, confer with the Director of Planning and Development
Services and representatives of any other City departments regarding
the proposal. Such action does not require formal application fees
or filing of a plat and is not to be construed as an application for
formal approval and shall not be in lieu of the same. Comments made
by staff during such conferences shall not constitute representations
or warranties with respect to any matter discussed and shall not be
binding upon staff members or members of the Plan Commission.
[CC 1970 App. B §4.3; Ord. No. 5765 §1, 6-24-2003]
A.
A plat
must be prepared from an accurate survey, completed and sealed by
a surveyor registered to practice in the State of Missouri. The plat
shall be drawn on one (1) or more sheets of a maximum dimension of
twenty-four (24) inches by thirty-six (36) inches. The scale of the
drawing shall be at a scale of one (1) inch equals twenty (20) feet
or greater or other scale if deemed appropriate by the Director of
Planning and Development Services. In certain instances where the
subdivided area is of unusual size or shape, the Director of Planning
and Development Services may permit a variation of these dimensional
requirements. If multiple sheets are required, then a key map shall
be provided on a title sheet showing the entire subdivision at a reduced
scale. In addition to the items required by Chapter 445, RSMo., or
any similar Statute then in force, the submitted boundary adjustment
plat shall include:
1.
Names, addresses and telephone numbers of the owner and engineer.
2.
Accurate legal description, together with the statement of the included
area calculated to the nearest one hundredth (100th) of an acre.
3.
Boundary lines, with dimensions and bearings or angles, which provide
an accurate survey of the lot(s).
4.
Name and right-of-way width of all street(s), alley or other right-of-way
within the lot(s).
5.
Location, dimensions and purpose of each easement.
6.
Each lot line and an identification system for all lot(s).
7.
The area in square feet for each site parcel or lot affected.
8.
Purposes for which sites are dedicated or reserved (i.e., residential,
park, open space).
9.
Location, type, material and size of all survey monuments and lot
markers, including bench marks with elevations referenced to mean
sea level datum.
10.
Subdivision title or name, north arrow, scale and date.
11.
All section, township and range lines and the boundary lines of sewer,
school and other established districts within or adjoining the lot(s).
12.
Accurate location of all existing and recorded streets intersecting
the boundaries of the lot(s) and the lines and record owners of all
adjoining lands with book and page numbers of the recorded deeds.
13.
Reference to recorded subdivision plats of adjoining platted ground
by record name and date.
14.
Right-of-way lines of streets and other rights-of-way and the property
lines of all lots with accurate dimensions, bearing curve data, including
radii ares, points of tangency and central angles.
15.
Location of all utilities, including sanitary sewers, storm sewers,
electrical, cable, gas, water, etc.
16.
Location of fire hydrants.
17.
Building setback lines required by the Clayton Zoning Ordinance with
dimensions.
18.
Certificate of the owner, granting easements with statement of the
use or uses for which granted, establishing building lines and referring
to the restrictions of all types and trusteeships which will run with
the land and become covenants in the deeds for the lots.
19.
Certificates of all owners and holders of the deeds of trust, approving
the plat as prepared and releasing from the lien created by said deeds
of trust all land dedicated to the public use on the plat.
20.
Certificate indicating approval of the plat by the Plan Commission
of the City of Clayton, prepared for execution by the Chairperson
and Recording Secretary over the seal of the City of Clayton.
21.
Certification by a registered land surveyor or engineer that the
plat represents a survey made by him/her and that all the necessary
survey monuments are correctly shown thereon and that the size of
each lot is correctly indicated by dimensions and square feet of area.
Impressed thereon and affixed thereto shall be the personal seal and
signature of the registered land surveyor or engineer by whom or under
whose authority and direction the plat was prepared in conformance
with Missouri Revised Statutes.
22.
Certification that real estate taxes are paid shall be furnished
in the form of copies of paid real estate tax bills on the land subject
to the boundary adjustment.
23.
Additional information, drawings, plans or documentation may be requested
whenever deemed necessary or appropriate for a full and proper consideration
and disposition of the application.
[CC 1970 App. B §4.4; Ord. No. 5765 §1, 6-24-2003]
A.
In
considering and acting upon plats and other applicable plans, staff
and the Plan Commission shall take the following objectives into consideration:
1.
Compatibility of lot size and density;
2.
Creation of a lot which provides adequate dimensions to construct
improvements of similar size and nature to the surrounding area;
3.
Creation of a lot which is in compliance with the area and frontage
requirements (no flag lots) as specified in the Zoning Ordinance and
provides for an orderly pattern of development;
4.
Promotion of a creative approach to the use of land and related physical
facilities resulting in better site layout and development;
5.
Preservation and enhancement of desirable site characteristics such
as natural topography, vegetation and geologic features and the prevention
of soil erosion;
6.
Elimination of incompatible land configurations;
7.
Consistency with good planning practices;
8.
Compliance with all applicable codes, ordinances and standards.
[CC 1970 App. B §4.5; Ord. No. 5765 §1, 6-24-2003]
A.
All
applications for a boundary adjustment plat approval shall first be
reviewed by staff at a staff plat review meeting. The applicant shall
submit as many copies as determined necessary by the Director of Planning
and Development Services of the boundary adjustment plat and any additional
information, as required by staff, to the Department of Planning and
Development Services at least seven (7) days prior to a regularly
scheduled staff plat review meeting date. Such meetings shall be held
regularly at a time agreed upon by the departments concerned.
B.
At
such meeting, joint review of the plat shall be conducted by the department
staff which may include, but not be limited to, the Director of Planning
and Development Services, Director of Public Works, Fire Marshal,
Building Official and City Manager. Plats shall be reviewed for completeness
and compliance with all applicable requirements of the adopted Building
Code, Plumbing Code, Mechanical Code, Electrical Code, Zoning Ordinance,
Subdivision Ordinance, Public Right-Of-Way Standards and any other
applicable City ordinances, codes, standards, guidelines and good
planning practices. This review shall not constitute or substitute
for compliance with applicable technical codes and the application
and approval process required for issuance of building and other required
permits.
C.
If the plat is deemed complete and in compliance with all applicable codes and regulations, then within seven (7) calendar days of the meeting, a letter shall be forwarded to the person or firm submitting the plat requesting that plats be submitted as per Section 415.240 above, which can then be forwarded to the Plan Commission.
D.
If
the plat is not deemed complete and/or in compliance with all applicable
codes and regulations, then within seven (7) calendar days of the
meeting date, a letter shall be forwarded to the person or firm submitting
the plat stating the comments and concerns of the reviewing departments.
Sixty (60) days from the date on the comment letter, a revised plat
addressing the listed comments and concerns must be submitted for
further review. If revised a plat is not submitted within the said
time limit, review of the plat will be suspended.
E.
The
Director of Planning and Development Services or his/her designee
shall submit the plat to the Plan Commission at such time the plat
is deemed complete and satisfactory to the staff. The applicant and
staff may confer until the plat is determined to be complete and satisfactory.
City staff will make every effort to insure the plat is processed
in a timely manner.
F.
However, if staff determines an application to be incomplete, the applicant may request in writing that the application be forwarded to the Plan Commission nonetheless. The application will then be forwarded to Plan Commission for their consideration as outlined in Section 415.270 below.
G.
The
Plan Commission shall not accept any plat and application that does
not contain all required information for review. The boundary adjustment
plat shall substantially meet all land development standards of this
Subdivision Ordinance and those of any other applicable City regulations.
The Director of Planning and Development Services shall submit a report
to the Plan Commission regarding the proposed boundary adjustment.
[CC 1970 App. B §4.6; Ord. No. 5765 §1, 6-24-2003]
A.
The
Plan Commission shall hear all applications for boundary adjustment
plat approval. The Plan Commission may approve the boundary adjustment
plat as submitted, require modifications or conditions to mitigate
possible negative impacts or the Plan Commission may deny the boundary
adjustment plat.
B.
The
Plan Commission shall render a decision on a boundary adjustment plat
application within sixty (60) days from the date of the meeting at
which the Plan Commission first considers the application. If the
Plan Commission fails to render a decision within the said sixty (60)
day period, the boundary adjustment plat shall be deemed to have been
approved. The sixty (60) day period may be extended through mutual
written agreement between the applicant and the City Plan Commission.
[CC 1970 App. B §4.7; Ord. No. 5765 §1, 6-24-2003]
Any applicant who feels aggrieved by any decision of the Plan
Commission 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 §4.8; Ord. No. 5765 §1, 6-24-2003]
In the event that the Plan Commission denies an application
for a boundary adjustment plat approval, the same application or substantially
similar application will not be accepted for a period of at least
one (1) year from the date of denial by the Plan Commission.
[CC 1970 App. B §4.9; Ord. No. 5765 §1, 6-24-2003]
Boundary adjustment plats which have been approved by the Plan
Commission must be filed and recorded with the St. Louis County Recorder
of Deeds. The applicant must submit proof of such filing to the City
Clerk within thirty (30) days from the approval date by the Plan Commission.
After that time, the applicant shall be required to resubmit the original
or a revised boundary adjustment plat for Plan Commission approval.
The Plan Commission may reject such a reapplication in light of new
facts and circumstances relating to the context within which the prior
boundary adjustment plat approval was granted.
