[Ord. No. 552 §5.1, 11-21-2006]
A.
The Board
of Alderpersons shall consider all record plats which shall be in
substantial conformance to the preliminary plan. The City Engineer
shall review all record plats prior to submission to the Board. If
the plat is found to be in conformance by the aforementioned City
Officials, the Board shall approve the plat by resolution at their
next regularly scheduled meeting. The developer, in any case, shall
have one (1) year from preliminary plan approval to file the record
plat with the St. Louis County Recorder of Deeds. If said record plat
is not filed within the prescribed time limit, the preliminary plan
approval shall be deemed expired.
B.
In case
of phased developments, the record plat for the first (1st) phase
shall meet the above requirements. Record plats for subsequent phases
must be recorded within one (1) year of the recording of the previous
phase. If said record plats are not filed within the prescribed time
limit, the preliminary plan approval shall be deemed expired. The
Board may, upon a developer's petition, grant an extension of time.
Any request for such an extension must be filed with the City Clerk
prior to the expiration date.
[Ord. No. 552 §5.2, 11-21-2006]
A.
A record
plat shall delineate all developed lots created by the plat except
as follows: If a record plat does not include all property in an approved
preliminary plan or all remaining property where previously recorded
plats of a portion of the subdivision have been recorded:
1.
In a
residential subdivision, no property may be excluded resulting in
a tract less than ten (10) acres in area or any resulting side of
an excluded tract less than three hundred (300) feet in length, unless
such a side is the original boundary of the original legally existing
tract. Until subdivided, such excluded tract is a developable lot,
on which no more than one (1) residence may be constructed; unless
the development is a planned development, in which case the excluded
property is not developable and does not constitute a lot of record
for any purpose under the Zoning Code or until included in a record
plat.
2.
In a
non-residential subdivision, excluded property is not developable
and does not constitute a lot of record for any purpose under the
Zoning Code or these regulations until included in a record plat.
B.
The record
plat shall be prepared by a land surveyor at any scale from one (1)
inch equals twenty (20) feet to one (1) inch equals one hundred (100)
feet in any increments of ten (10) feet from an accurate survey on
one (1) or more sheets whose maximum dimensions are thirty-six (36)
inches by forty-two (42) inches. In certain unusual instances where
the subdivided area is of unusual size or shape, the City Engineer
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 No. 1 showing
the entire subdivision at reduced scale shall be provided.
C.
The record
plat shall show the following information:
1.
North
arrow and graphic scale.
2.
Boundary
lines within the outboundary lines of the subdivision with accurate
distances and bearings; also all section, U.S. Survey, township and
range lines; boundary lines of municipalities, sewer, schools and
other legally established districts with the name of or description
of any of the same adjacent to or abutting on the subdivision.
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 departure of one street from another.
6.
The
boundary lines of all adjoining lands and the right-of-way 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, including minimum side and rear yard setbacks on each lot and
easements or rights-of-way provided for public or private use, services
or utilities, with figures showing their dimensions and listing types
of uses that are being provided.
9.
All
dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, 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.
All
survey monuments, together with their descriptions.
11.
Area
in square feet for each lot or parcel on the plat or a supplemental
sheet showing same.
12.
Name
of subdivision and descriptions of property subdivided, showing its
location and area.
13.
Certification
by the land surveyor who performs the property survey to the effect
that the plat represents a survey made by him and that it is tied
to the Missouri Coordinate System in accordance with the current Missouri
Minimum Standards for Property Boundary Surveys and the coordinates
of the exterior corners shall be shown on the plat. The coordinate
system setup shall be:
a.
Projection. State Plane Coordinate System;
b.
Zone. Missouri East (Zone Number 2401);
c.
Datum. North American 1927, North American 1983 or North
American 1983 HARN Said plat must contain the locations of all required
survey monuments installed or to be installed. Also, month and year
during which the survey was made.
14.
Private
restrictions and trusteeships where required by ordinance and their
periods of existence. Should such restrictions and trusteeships be
of such length as to make lettering of same on the plat impracticable,
thus necessitating preparation of a separate instrument, reference
to such instrument shall be made on the plat.
15.
Subdivision
names approved on the record plat shall constitute a subdivision's
official name. When a subdivision name has been changed, all subsequent
plats submitted for processing shall reference the original name,
which should include names recorded on-site development plans. Any
other name used for advertising or sales purposes does not constitute
an official revised name unless approved on a plat of record approved
by the Board.
16.
If
developer places restrictions on any land contained in the subdivision
that is greater than those required by the Zoning Code or these regulations,
such restrictions or references thereto should be indicated on the
plat.
17.
Zoning
district and zoning district boundary line when property is located
in more than one (1) district or planned district and ordinance number
or date of ordinance when applicable.
18.
Cumulatively,
all record plats shall contain enough common land to support the lots
platted. All remaining common ground is to be platted with the recording
of the final lot, unit or phase of the development.
D.
The following
items shall be submitted with and included as part of the record subdivision
plat:
1.
Guarantee
of installation of water mains or supply of potable water.
2.
Street
lighting contract from AmerenUE. Submittal of contract is optional
and is to be accepted in lieu of an increase value for escrow of actual
construction costs.
3.
Verification
of street names and addresses from U.S. Postal Service Customer Services
Department.
4.
Verification
of location of fire hydrants and adequacy of water supply from applicable
fire district.
5.
Tax
certificate or copy of paid tax bill from the office of the St. Louis
County Collector of Revenue.
6.
Verification
of payment of all inspection fees, where applicable.
7.
Subdivision
processing fees.
8.
Any
special study or engineering calculations required.
9.
Trust
indenture and warranty deed for common land conveyance, accompanied
by a letter of compliance from an attorney.
10.
Letter
from Metropolitan St. Louis Sewer District certifying connection fees
have been paid.
11.
Certification
of proper placement of all outboundary survey monuments from a land
surveyor.
12.
Certificate of clear title. The record plat shall be accompanied
by a statement prepared by a duly authorized title company stating
that the signatures of all persons whose consent is necessary to the
preparation and recording of said plat and to the dedication of the
streets and other public place are clearly shown on the plat.
E.
Any land
dedication to the City for park purposes in a subdivision shall be
conveyed to the City free and clear of all encumbrances at the same
time the plat of subdivision is filed, said deeds to be without restrictions
or covenants except requirement that the land be used for park purposes
without reversion and with references to the subdivision, if any,
on which the land is shown.
[Ord. No. 552 §5.3, 11-21-2006]
A.
In any
case where the establishment of common land (including pedestrian
walkways and cul-de-sac islands), private streets, private street
lighting, drainage facilities such as detention basins, drainage pipes,
ditches or any other improvement that requires continuous maintenance,
a trust indenture shall be recorded simultaneously with the record
plat. The trust indenture shall provide for proper maintenance and
supervision by the trustees who are selected to act in accordance
with the terms of such indenture and the applicable provisions of
this Chapter. For single lot developments and developments with no
common ground, the City Engineer may accept script certifying the
means of maintenance on the record plat. Common land shall be conveyed
by the owner in fee simple absolute title by warranty deed to trustees
whose trust indentures shall provide that the common land be used
for the benefit, use and enjoyment of the lot owners present and future.
It shall be the responsibility of the trustees of the subdivision
to maintain the common land. No lot owner shall have the right to
convey his interest in the common land except as an incident of the
ownership of a regularly platted lot.
B.
Any trust
indenture required to be recorded or recorded for the purpose of compliance
with provisions of this Chapter or the Zoning Code shall provide for
not less than the following representation to purchasers of developed
lots among the trustees: one-third (€) of the trustees shall
be chosen by purchasers of developed lots after fifty percent (50%)
of the lots have been sold; two-thirds (€) of the trustees shall
be chosen by purchasers of developed lots after ninety-five percent
(95%) of the lots have been sold; all of the trustees shall be chosen
by purchasers of developed lots after all of the lots have been sold.
C.
Where
the provisions of a trust indenture recorded pursuant to these regulations
cannot be fulfilled by reason of unfilled vacancies among the trustees,
the Board may, upon the petition of any concerned resident or property
owner of the subdivision, appoint one (1) or more trustees to fill
vacancies until such time as trustees are selected in accordance with
the trust indenture. Any person so appointed who is not a resident
or property owner within the subdivision shall be allowed a reasonable
fee for his or her services by the order of appointment, which fee
shall be levied as a special assessment against the property in the
subdivision and which shall not be subject to any limitation on special
assessments contained in the trust indenture or elsewhere.
D.
Each
trust indenture and warranty deed shall be accompanied by a written
legal opinion from an attorney setting forth the attorney's legal
opinion as to the legal form and effect of the deeds and trust indenture.
The deeds and indenture shall be approved by the City Attorney prior
to being filed with the Recorder of Deeds simultaneously with the
recording of the record plat.
E.
The term
of any indentures recorded pursuant to these regulations shall be
for the duration of the subdivision. In the event the subdivision
is vacated, fee simple title shall vest in the then lot or unit owners
as tenants in common. The rights of the tenants shall only be exercisable
appurtenant to and in conjunction with their lot or unit ownership.
Any conveyance or change of ownership of any lot or unit shall convey
with it ownership in the common land and no interest in the common
land shall be conveyed by a lot or unit owner except in conjunction
with the sale of a lot or unit. The sale of any lot or unit shall
carry with it all the incidents of ownership of the common land whether
or not expressly mentioned in the deed; provided however, that no
right or power conferred upon the trustees shall be abrogated.
[Ord. No. 552 §5.4, 11-21-2006]
A.
A subdivision
may be developed in two (2) or more phases; said phases shall be clearly
indicated on the plat. The record plat for each phase shall include
all previous phases and a reference to the book and page of their
recording and all future phases. Areas designated as future phases
need not indicate easements or parking and drive locations to be developed
when such future phases are recorded. Improvement plans and installation
or guarantee of improvements are not required for area designated
as future phases, except that the City may require such improvements
as are necessary to serve the phase proposed for present development.
B.
Subdivision
record plats or the phase proposed for present development of tracts
to be developed in phases shall establish all necessary easements
and parking and drive locations. The plat shall contain script restricting
parking and drive areas to such purposes.
[Ord. No. 552 §5.5, 11-21-2006]
Following the recording of the record plat, one (1) original
copy of the subdivision plat bearing the St. Louis County Recorder's
signature, seal and notation as to plat book and page on reproducible
mylar as approved by the City Engineer shall be returned to the City,
along with similarly recorded copies of any deed restrictions accompanying
it before any permits for any manner of construction will be issued.
