[Ord. No. 225 §4(4.1), 10-19-2005]
A.
The following schedule of fees is hereby adopted, such fees are to be paid by all persons or corporations submitting preliminary plats for approval by the Planning and Zoning Commission and the City of New Melle, Missouri. See Section 405.760 of this Code.
B.
This
fee shall be paid within seven (7) days after the City of New Melle,
Missouri, has notified the applicant of the bill at the time the preliminary
plat is submitted to the Planning and Zoning Commission and shall
apply to the review of a preliminary sketch plan and review of the
preliminary plat, improvement plans and final plat, provided that
the final plat includes the same area to be subdivided as the preliminary
plat.
C.
Construction Inspection. The City of New Melle, Missouri,
shall charge the developer for inspection of all public improvements.
This bill shall be paid before final approval of final escrow releases
is made by the City of New Melle, Missouri.
[Ord. No. 225 §4(4.2), 10-19-2005]
A.
Twenty
(20) prints of the preliminary plat shall be submitted to the Planning
and Zoning Commission twenty (20) days prior to the meeting at which
approval is requested. At the discretion of the Planning and Zoning
Commissioner, and aerial photo of suitable scale may be required.
The photo shall have superimposed upon it the boundary of the property
in question and any other information as may be deemed necessary by
the Planning and Zoning Commission. The preliminary plat shall include
the following identification and information:
1.
Identification.
a.
Proposed name of the subdivision.
b.
Names of the owner and the engineer, surveyor or landscape architect
responsible for survey and design.
c.
North point, a scale of one (1) inch equals two hundred (200) feet
or larger and date.
d.
Approximate acreage in tract.
e.
A statement to the effect that this plat is not for record shall
be stamped or printed on all copies of the preliminary plat.
2.
Plat information.
a.
Location of boundary lines and their relation to established section
lines, fractional section lines or survey lines.
b.
Physical features of property including watercourses, ravines, bridges,
culverts, present structures and other features important to lot and
street layout, including off-street parking if applicable.
c.
Topography of tract with contour interval of one (1), two (2) or
five (5) feet.
d.
Names of adjacent subdivisions and/or property lines around perimeter
within one hundred (100) feet, showing any existing streets, highways,
etc.
e.
Location and width of existing and proposed streets, roads, lots
(approximate dimensions), alleys, building lines, easements, parks,
school sites and other features of the proposed subdivision.
f.
Approximate gradients of streets will be shown.
g.
Designation of existing and proposed land use, whether for residential,
commercial, industrial or public use and present zoning district.
h.
Designation of utilities to serve proposed subdivision.
i.
Record owner, party preparing plat and party for whom plat is prepared.
j.
Depict flood hazard boundaries as shown on FEMA maps.
[Ord. No. 225 §4(4.3), 10-19-2005]
A.
Preliminary
plat approval shall confer upon the subdivider the following rights
and privileges:
1.
The preliminary plat will remain in effect for one (1) year period.
The applicant may, during this period, submit all or parts of said
preliminary plat for final approval. Submittal of a final plat that
is part of a preliminary plat will extend the approval of the preliminary
plat for an additional year. Any part of a subdivision which is being
developed in stages shall contain a tract of land at least one (1)
block in length.
2.
The general terms and conditions under which the preliminary plat
approval was granted will not be changed.
3.
The applicant may also proceed with detailed improvement plans required
for all facilities or utilities intended to be provided.
[Ord. No. 225 §4(4.3.1), 10-19-2005]
A.
The
purpose of this Section is to provide a procedure whereby the construction
of a display house can begin prior to the recording of the record
subdivision plat.
B.
The
developer may, after receiving approval of a preliminary plat of a
proposed subdivision from the Planning and Zoning Commission, submit
a display house plat to the City Engineer for review and approval.
There may be one (1) display house for every ten (10) houses proposed,
not to exceed ten (10) display houses. The display house plat shall
include a complete outboundary survey of the proposed subdivision
and the location of each display house in relation to proposed lots.
The script of said display house plat shall contain terms and conditions
as required by the City Engineer including, but not limited to, the
following:
1.
The display house plat shall be filed with the City of New Melle,
Missouri, prior to issuance of a building permit for any display house
2.
The display house plat shall become null and void upon the recording
of a record plat which establishes that each display house is on an
approved lot.
3.
No part of the proposed subdivision may be conveyed for any structure
therein until the display house or houses have been located on an
approved and recorded lot.
4.
If initial construction of a display house has not commenced within
ninety (90) days, the City Engineer's approval shall lapse and the
display house plat shall be null and void.
[Ord. No. 225 §4(4.4), 10-19-2005]
A.
After
the preliminary plat is approved by the Planning and Zoning Commission,
improvement plans prepared by professional engineer, registered in
the State of Missouri for the subdivision of all or any part of the
tract shall be submitted to the City Engineer for review and approval.
If significant changes are to be made after the improvement plans
have been approved, the Planning and Zoning Commission shall require
that revised improvement plans be submitted. Improvement plans shall
be prepared on an exhibit not to exceed twenty-four (24) inches by
thirty-six (36) inches and shall contain the following information:
1.
Title page, which shall include key map showing the relationship
of the area to be subdivided to the tract and which shall reflect
areas of the tract previously subdivided plus adjacent streets.
2.
North arrow and graphic scale.
3.
Title block showing name and address of developer and engineering
firm, as well as the engineer's seal.
4.
One (1) or more bench marks, U.S.G.S. or MoDOT or others in or near
the subdivision, to which the subdivision is referenced. No assumed
elevations will be accepted.
5.
List of standard and specifications followed, citing volume, section,
page or other references.
6.
Paving details conforming to St. Charles County Standard Specifications. Refer to Exhibit A of this Chapter 410.
7.
Details of streets, existing and proposed sanitary sewers, storm
sewers and water mains, drainage channels and swales.
8.
Plans and profiles of streets and sewers, scaled not less than one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical.
9.
Plans for sediment control will be submitted to and approved by the
City Engineer. A dollar amount equal to the proposed cost will be
included in the performance guarantee.
10.
Actual construction of such facilities and improvements may commence
prior to final plat approval if the detailed improvement plans have
been approved by the City Engineer, provided that such facilities
and improvements will be inspected throughout their construction.
Final plat approval will be contingent, in part, upon acceptable compliance
to County improvement and facility standards.
11.
After approval of the construction plans, a breakdown of quantities
and either estimated costs or actual prices on all public improvements
shall be submitted for review and approval if any escrow agreements
are required.
12.
Approvals need to be received by the City Engineer for water and
sanitary sewer plans, MoDOT permits and special use permits by the
City Engineer and for proposed crossing of pipelines.
[Ord. No. 225 §4(4.5), 10-19-2005]
A.
After
the improvement plans have been approved, but before recording the
record subdivision plat, the subdivider must:
1.
Either complete the improvements under the inspection of the appropriate
inspecting agency and in accordance with the approved improvement
plans, or
2.
Post a lender's or escrow agreement insuring or guaranteeing the
installation of said improvements. The lender's or escrow agreement
shall:
a.
Be prepared on forms approved by the City of New Melle, Missouri,
and should be signed by the Mayor, the City Engineer and the City
Clerk.
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 consulting engineer and approved by the City Engineer
c.
If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit of the City of New Melle,
Missouri.
B.
The
regulations shall provide that any escrow or bond amount held by the
City to secure actual construction and installation on each component
of the improvements or utilities shall be released within thirty (30)
days of completion of each category of improvement or utility work
to be installed, minus a maximum retention of five percent (5%) which
shall be released upon completion of all improvements and utility
work. The City shall inspect each category of improvement or utility
work within twenty (20) business days after a request for such inspection.
Any such category of improvement or utility work shall be deemed to
be completed upon certification by the City that the project is complete
in accordance with the ordinance of the City including the filing
of all documentation and certifications required by the City in complete
and acceptable form. The release shall be deemed effective when the
escrow funds or bond amount are duly posted with the United States
Postal Service or other agreed-upon delivery service or when the escrow
funds or bond amount are hand delivered to an authorized person or
place as specified by the owner or developer.
C.
The
City of New Melle, Missouri, shall initiate a one (1) year warranty
on all public improvements at such time as recommended by the City
Engineer. Before making this recommendation, the following items need
to be completed:
D.
Then
this amount shall be authorized to be released in its entirety after
the City Engineer certifies that all the improvements have been constructed
in accordance with the approved plans and meet all the requirements
of the City of New Melle, Missouri, for land subdivision.
E.
The
City of New Melle, Missouri, shall release funds for any completed
segment of the work if the request for an inspection of the segment
of the work has been made twenty-one (21) days before the Board meeting,
provided no deficiencies were reported during the twenty-one (21)
day period.
F.
In
the event that the improvements are not satisfactorily installed within
two (2) years after approval of the improvement plans, the City of
New Melle, Missouri, has the right to remove said monies to complete
the guaranteed improvements, unless an extension of time is granted
by the City of New Melle.
[Ord. No. 225 §4(4.6), 10-19-2005]
A.
After
the preliminary plat has been approved by the Planning and Zoning
Commission, a final plat shall be prepared and submitted to the Commission
for approval by that body and by the Board of Aldermen. Before approving
the plat of all or part of a proposed subdivision, the Planning and
Zoning Commission shall require that the improvements will be satisfactorily
completed or an escrowed sum or lender's agreement has been placed
for the completion of the improvements. The approval of the Planning
and Zoning Commission shall be shown on the plat with the date of
such approval and the signature of the Chairman or Secretary. Twenty
(20) prints of the final plat shall be filed with the Planning and
Zoning Commission at least twenty (20) days prior to the meeting at
which approval is asked. The original plat shall show or be accompanied
by the following information whether for residential, commercial,
industrial or public use such as parks, schools, churches, etc.
B.
The
final plat shall be prepared on tracing cloth, its equal or better
and shall contain the following information:
2.
Plat.
a.
Accurate boundary survey with bearings and distances tied to surveyed
identification points (monuments).
b.
Locations of lots, streets, public highways, alleys, parks and other
features with accurate dimensions to decimals of feet, length and
radius of all curves.
c.
Building lines on front and side street; location and dimension of
utility easements.
d.
Names of streets and lots numbered in logical order. Streets and
names of adjacent subdivision (if applicable) and/or adjacent property
owners within one hundred (100) feet in dashed lines.
e.
Depict flood hazard boundaries as shown on FEMA maps.
3.
Written statements.
a.
Dedication of all streets, public highways, alleys and land intended
for public use together with lot restrictions signed by all owners
and all parties who have mortgage or lien interest.
b.
Certification as to boundaries, monuments made by a registered land
surveyor testifying that the above were made by him/her.
c.
In the event a subdivision is to have privately maintained streets,
evidence of the methods for controlling and maintaining each private
facility shall be submitted with the final plat. Such restrictions
must be approved by the Planning and Zoning Commission and the Board
of Aldermen before they may be recorded.
d.
In cases where the developer proposes to include other regulations,
i.e., architectural control, covenants and deed restrictions, these
documents shall be submitted to the Planning and Zoning Commission
indicating the additional regulations and the means for administering.
C.
Above
to have corporate seal(s) affixed or embossed and to be notarized
by a notary public. All figures and letters on the final plat must
be in ink and shall be plain, distinct and of sufficient size to be
easily read and must be of sufficient density to make a lasting and
permanent record.
D.
Once
a developer has received final plan and/or plat approval, it shall
be the developer's responsibility to maintain the following at their
sales office.
1.
Description of the developer's/subdivision his/her Aldermen responsibilities
for common ground within the subdivision.
2.
A copy of their approved final plan and/or plat indicating the nature
of all adjacent zonings as of date of approval.
3.
A copy of all indentures, restrictions and covenants shall also be
available.
4.
Developers shall be required to post a notice at the sales office
that the above items are available for review.
[Ord. No. 225 §4(4.7), 10-19-2005]
A.
No
subdivision plat or replat shall be filed for record or recorded in
the office of the Recorder of Deeds for St. Charles County, Missouri,
unless and until the approval of the Planning and Zoning Commission
and Board of Aldermen and endorsed thereon by the City Engineer, City
Clerk and the Mayor. No lot shall be sold for such subdivision plat
or replat until it has been approved by the above and filed for record
in the office of the Recorder of Deeds of St. Charles County, Missouri.
No building permit will be issued until the final plat is recorded.
Further, no dwelling unit may be occupied until the public or private
improvements are completed, unless money is in escrow for the completion
of said improvements.
B.
Once
a developer has received record plat approval, it shall be the developer's
responsibility to maintain at his/her sales office:
1.
Description of the developer's/subdivision Aldermen responsibilities
for common ground within the subdivision.
2.
A copy of their approved record plat indicating the nature of all
adjacent zonings as of date of approval.
3.
A copy of all indentures, restrictions and covenants shall also be
available.
4.
Developers shall be required to post a notice at the sales office
that the above items are available for review.
[Ord. No. 225 §4(4.8), 10-19-2005]
Whenever any person or corporation may desire to vacate any
subdivision or part thereof in which he/she shall be the legal owner
of all of the lots or may desire to vacate any lot, such person or
corporation may petition the Board of Aldermen giving a distinct description
of the property to be vacated and the names of the persons to be affected
thereby, which petition shall be filed together with a filing fee
with the Board of Aldermen who shall give notice of the pendency of
the petition in a public newspaper. If no opposition be made to said
petition, the Board of Aldermen may vacate the same by order with
such restriction as they may deem for the public good. If opposition
be made, said petition shall be set down for public hearing before
the Board of Aldermen. No vacation shall take place unless the advice
of the Planning and Zoning Commission be obtained, which advice shall
be filed with said petition.
[Ord. No. 225 §4(4.9), 10-19-2005]
The Planning and Zoning Commissioner or his/her duly authorized
representative shall, upon evidence of any violation of this Article,
serve an order to cease and desist or correct or remove such violations,
such order to be made by certified mail to the owner, general agent,
lessee or contractor responsible for or contributing to the violations
act. Any owner, general agent, lessee or contractor who, having been
served with an order to cease and desist or correct or remove such
violations, fails to comply with such order within the time limit
set forth in the order or who shall continue to violate any of the
regulations contained herein and orders made in connection herewith
shall be guilty of a misdemeanor punishable by fine not to exceed
five hundred dollars ($500.00) per day of violation.
[Ord. No. 225 §4(4.10), 10-19-2005]
A.
Whenever
the tract to be subdivided is of such unusual size or shape or is
surrounded by such development or contains such topographic conditions
or characteristics that the strict application of the requirements
contained in this Article would impose practical difficulties or particular
hardship, the Board of Adjustment may vary or modify any of the requirements
of this regulation so that substantial justice may be done and the
public interest secured and the general intent of this regulation
preserved.
B.
In
granting variances, the Board of Adjustment may require such conditions
as will, in its judgment, secure the objectives of these regulations.
