[R.O. 2007 § 405.820; Ord. No. 1933 §§ 1
— 4, 11-12-1992]
A.
DEVELOPER
LOT
PRELIMINARY PLAT
SUBDIVISION
SUBDIVISION MANAGERS
1.
2.
Definitions. For purposes of this Section
only, the following terms shall have the meanings hereinafter subscribed
to such terms:
The person, firm, corporation, partnership or other legal
entity which subdivides a parcel of real estate into lots or units,
and thereby creates a subdivision, tenders the original preliminary
plat of the subdivision to the City of St. Peters, and receives approval
by the City of said plat.
A defined area of land occupied or to be occupied by a building
or unit group of buildings, together with a yard, if any, and shall
include a dwelling or dwellings, whether separate or attached, designed
for separate ownership and which have no separate yard.
A map or plan of proposed land subdivision showing the character
and proposed layout of a tract of land in sufficient detail to indicate
the suitability of the proposed subdivision of land.
A division or redivision of land into two (2) or more residential
lots, tracts, sites or parcels for the purpose of transfer of ownership,
which has been recorded with the Recorder of Deeds for St. Charles
County.
The developer(s), the members of the board of managers, or
subdivision trustees or any other like organizations, whether incorporated
or not, established by any subdivision indenture of covenants and
restrictions, which have as their or its duties any one or more of
the following:
The management or ownership or control
of the streets, thoroughfares, ways and lanes in a subdivision which
are not public ways and have not been accepted by the City of St.
Peters for maintenance, or ownership management or control of common
ground or entrance monuments identifying the subdivision.
The enforcement of all restrictive
covenants pertaining to land, common ground and lots within the subdivision.
B.
Minimum Requirements For Subdivision Covenants
And Restrictions. From and after the effective date of this Section,
November 12, 1992, any new residential subdivision platted for land
development in the City of St. Peters, Missouri, shall be encumbered
by an indenture of covenants which shall contain the following minimum
requirements:
1.
Indenture Of Covenants.
a.
The indenture of covenants and restrictions
of the subdivision shall provide that there shall be three (3) subdivision
managers.
b.
The indenture of covenants and restrictions
of the subdivision shall provide that when title to fifty percent
(50%) of the lots depicted on the preliminary plat of the subdivision
are transferred to owners other than the developer that within ninety
(90) days thereof at least one (1) member of the subdivision managers
shall have been elected by the lot owners who are not the developer.
c.
The indenture of covenants and restrictions
of the subdivision shall provide that when title to seventy-five percent
(75%) of the lots depicted on the preliminary plat or site development
plan of the subdivision are transferred to owners other than the developer
that within thirty (30) days thereof, at least two (2) of the members
of the subdivision managers shall have been elected by the lot owners
who are not the developer.
[Ord. No.
7192, 8-22-2019]
d.
The indenture of covenants and restrictions
of the subdivision shall provide that when title to ninety percent
(90%) of the lots depicted on the preliminary plat of the subdivision
are transferred to owners other than the developer that within thirty
(30) days thereof, all three (3) members of the subdivision managers
shall have been elected by the lot owners who are not the developer.
[Ord. No. 6865, 11-9-2017]
3.
There shall be only one (1) class
of members of subdivision managers.
4.
Each subdivision having an indenture
of covenants and restrictions shall assess a fee sufficient to cover
the cost of enforcement of said covenants and restrictions.
5.
At the time of the filing with the
City of St. Peters, or any commission of the City of St. Peters responsible
for review and approval of subdivision plats, by the developer of
the first final plat for a subdivision, the developer shall also file
proof satisfactory to the City of St. Peters that the developer has
deposited in a Trust Account the sum of two thousand dollars ($2,000.00)
for the benefit of subdivision lot owners, other than the developer
(the "Trust Account"). A land title company or Federally insured banking
institution selected by the developer shall serve as trustee for this
Trust Account. Any required compensation for such service as trustee
shall be paid by the developer. The instrument of trust for the Trust
Account shall specify that when ten (10) or more lots are sold in
the subdivision to lot owners other than the developer, then upon
written request of a majority of such lot owners other than the developer,
the trustee of the Trust Account shall pay over to or for the benefit
of said lot owners, or any attorney designated by the said lot owners,
up to the sum of two thousand dollars ($2,000.00) for the reasonable
costs and expenses of a lawsuit or lawsuits to enforce any subdivision
covenant and/or restriction which is not being enforced by the subdivision
managers. Said sum shall be paid over to said persons only when the
request for payment for said sum is accompanied by written proof that:
a.
Demand has been made upon the subdivision
managers for the subdivision managers to sue to enforce such subdivision
covenant or restriction, but that the subdivision managers have failed
or refused to comply with such request, and;
b.
Formal written demand has been made
upon the person(s) or entity(ies) allegedly not in compliance with
the covenant or restriction, by which demand was made that such person(s)
or entity(ies) come into compliance with the said covenant or restriction
within a specified period of time, not less than ten (10) days in
length, but that the said person or entity has failed to comply with
the demand. This Trust Account shall automatically expire and unexpended
sums remaining in the Trust Account shall be paid over to the subdivision
managers at such time as all three (3) subdivision managers are elected
by the lot owners who are not the developer.
C.
Applicability And Non-Applicability. This
Section shall pertain solely to subdivisions where a preliminary plat
has been filed subsequent to November 12, 1992. This Section shall
not apply to any condominium hereinafter established under the provisions
of Chapter 448, RSMo.
D.
Plat Approvals And Building Permits. No
final plat of any part of any subdivision shall be approved by the
City of St. Peters or any commission of the City of St. Peters unless
the minimum requirements of this Section are contained within the
indenture of covenants and restrictions pertaining to such final plat.
No building permit shall be issued to any developer by the City of
St. Peters for improvements on a lot in the subdivision unless all
of the provisions of this Section are contained in the covenants and
restrictions and developer is in full compliance with such covenants
and restrictions. No other inquiry or demands shall be made as to
the contents of any indenture of covenants and restrictions of any
subdivision by the City of St. Peters, or any commission of the City
of St. Peters, other than to insure compliance with the minimum requirements
of this Section.
