[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §8, 9-26-2001; Ord. No. 10-041 §56, 6-2-2010; Ord. No. 20-031, 3-30-2020]
All plat review fees as set by ordinance shall be determined
and paid at the time the required application is submitted.
[Ord. No. 20-031, 3-30-2020]
A.
Definition.
Minor Subdivision shall be the division of land into lots of five
(5) acres or greater in size, provided the land is located within
"A," "R" or "RR" zoning districts and outside of any existing subdivisions.
B.
Requirements.
1.
Each of the newly proposed lots must front on an access easement
running with each lot, or a public or private street, each access
easement or street providing each lot a direct connection to a publicly
owned and maintained street.
2.
Minor subdivision names, street names, and street numbers must be
approved by St. Charles County Emergency Communications.
3.
Access easements, private streets and driveway connections within
the minor subdivision to public streets adjoining the minor subdivision
shall meet the sight distance, alignment, and design and construction
requirements of the jurisdictional authority. Connections to County
streets shall require approval and permits from the St. Charles County
Highway Department.
C.
Minor
Plat.
1.
Definition. A map of land for a minor subdivision prepared in form
suitable for filing of record with necessary affidavits, dedications,
and acceptances, and with complete bearings and dimensions of all
lines defining lots and blocks, streets and alleys, public areas,
and other dimensions of land.
2.
Minor plat may be approved by the Director of the Division of Planning
and Zoning upon his/her determination that it is in substantial conformance
with this Section.
3.
One (1) printed and one (1) digitized version that complies with
County mapping standards shall be submitted. The digitized version
shall show and be accompanied by the following information:
a.
The outboundary of the minor subdivision shall be tied to the Missouri
Coordinate System of 1983 in accordance with the current Missouri
Minimum Standards for Property and Boundary Surveys;
b.
The coordinates of the exterior corners shall be shown on the minor
plat;
c.
The surveyor who is sealing the record minor plat must submit a signed
and sealed letter indicating that the digitized version is an accurate
representation of the minor plat; and
d.
The surveyor must submit a sealed paper copy of the minor plat.
4.
Identification.
a.
Name of minor subdivision, minor plat, etc., and name(s) of those
who prepared the minor plat.
b.
North point, date of survey, and scale used.
c.
Acreage of minor plat in tract to one-tenth (1/10) of an acre.
d.
Location map and key map on the first (1st) page if there is more
than one (1) sheet.
5.
Minor Plat Information.
a.
Accurate boundary survey to State of Missouri minimum surveying standards
with bearings and distances tied to surveyed identification points
(established section lines, fractional section lines, and/or U. S.
survey lines), but not including already existing access easements
to the minor subdivision.
b.
Location of lots, streets (including right-of-way or access easement
widths), within the minor subdivision, and other features as required,
with accurate dimensions to decimals of feet, length, and radii of
all curves.
c.
Setback lines on front and side streets or access easements; location
and dimension of utility easements. Areas designated as common ground
shall not be dedicated as one (1) blanket utility easement unless
approved by the Director of the Division of Planning and Zoning.
d.
Names of streets and lots numbered in logical order.
e.
Indicate the future street number on each lot.
f.
Acreage and ownership of all common ground.
g.
Depict any existing easements across the property.
h.
Depict and dedicate all utility easements.
i.
Watercourses left in their natural state shall have vegetated buffers as required per Section 405.5025 of the Unified Development Ordinance of St. Charles County, Missouri. All minor plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri."
j.
Designate pipeline and/or overhead electric easements, and with respect
to pipeline easements designate all setbacks and restrictions imposed
by Section 405.503, Regulations Concerning High Pressure Pipelines.
k.
Depict any dedication strips along existing roadways.
l.
Depict floodway fringe, density floodway, and floodway boundaries,
and provide base flood elevations as shown on Flood Insurance Rate
Maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA)
and the maps presently filed in the office of the Division of Planning
and Zoning.
m.
The statement "This Minor Plat is approved for recording this ______
day of _____." The statement shall also include a two (2) inch line
with the title "Director of the Division of Planning and Zoning" directly
below the line for his/her signature.
6.
Written Statements.
a.
Dedication of all private streets and/or easements together with
the deed book and page of the minor subdivision restrictions, trust
indentures, or street maintenance agreements, and signed by all parties
who have mortgage or lien interest, including owner(s), or a copy
of the recorded document creating or reserving the existing access
easement together with the book and page information for the existing
access easement.
b.
Certification as to acreage boundaries, monuments made by a registered
land surveyor, testifying that the above were made by the surveyor.
c.
In the event a minor subdivision is to have privately maintained
streets and/or common ground, evidence of the methods for controlling
and maintaining each private facility shall be submitted with the
minor plat. Such restrictions or trust indentures must be reviewed
by the Division of Planning and Zoning before they may be recorded.
Where any minor plat includes common ground, that minor plat shall
include a note that title to that common ground shall be conveyed
to a homeowners' association or its trustees, and the owner shall
convey such title upon establishing such an association and designating
its trustees.
d.
An entrance permit is needed from the jurisdictional authority if
the minor subdivision has an entrance on a publicly maintained street
right-of-way, or evidence from the jurisdictional authority that such
a permit is not required, as may be the case.
e.
A residential housing development must be approved by the Missouri
Department of Natural Resources for individual sewage disposal systems
on minor subdivisions containing seven (7) or more lots.
f.
The above must have all signatures, corporate seal(s) affixed or
embossed and be notarized by a notary public. All figures and letters
on the minor 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.
g.
An applicant for approval of a minor plat to be served by individual waste treatment systems must meet the following requirements, in addition to those set out in Section 410.110.
h.
A Department of Natural Resources approved engineering geologic report
must be submitted to the Division of Building and Code Enforcement
prior to a review of the soil evaluation report.
i.
A soil evaluation report utilizing a five (5) foot deep test pit
and one (1) permeability evaluation for every lot must have Division
of Building and Code Enforcement approval. Additional permeability
evaluations will be required by the Division of Building and Code
Enforcement based on grade, lot, and minor subdivision sizes or any
other physical characteristics. Permeability evaluation to be conducted
by a soils scientist licensed by the State Health Department. After
the minor plat is approved, at least one (1) additional permeability
evaluation will be required on each lot located in the area of the
proposed leach field. Further evaluations may be required by the Division
of Building and Code Enforcement.
7.
Approval And Recordation. No minor plat 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 Director of
the Division of Planning and Zoning is endorsed thereon.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §4, 1-30-2002; Ord. No. 02-088 §6, 6-26-2002; Ord. No. 03-142 §1(99—102), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-162 §3, 10-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §57, 6-2-2010]
A.
Fifteen
(15) folded prints of the preliminary plat, a reduced copy of the
plat sheet measuring eight and one-half (8.5) inches by eleven (11)
inches or eleven (11) inches by seventeen (17) inches and a digital
version shall be submitted to the Division of Planning and Zoning
at least twenty-seven (27) days before the meeting at which approval
is requested. All preliminary plats shall be prepared by a Missouri
registered professional land surveyor and/or Missouri registered professional
engineer and bear their signature and seal. At the discretion of the
Director of the Division of Planning and Zoning, an aerial photo of
suitable scale and vintage 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 Director of the Division of Planning
and Zoning. Prior to submittal of a preliminary plat, the applicant
may submit to the planning staff a concept plan for initial review.
For the purpose of investigating a preliminary plat an applicant authorizes
the Community Development Department's staff, or staff of other agencies
at the Department's direction, to enter and inspect the subject property
while the plat is in the approval process. This authority shall cease
upon completion of the plat review.
B.
Notification. After receiving a preliminary plat, the Division
of Planning and Zoning will give notice by U.S. mail to the adjacent
property owners. Notice shall be given to the adjacent property owners
at least fifteen (15) days prior to the Planning and Zoning Commission
meeting that the preliminary plat will be presented.
C.
Preliminary Plat Information. Preliminary plats shall include,
at minimum, the following unless waived by the Director of Planning
and Zoning:
1.
Identification.
a.
Proposed name of the subdivision.
b.
Names, addresses, and telephone numbers of owners, developers, and
the engineers, as well as the surveyors responsible for preparation.
c.
North point, a scale of one (1) inch equals two hundred (200) feet
or larger, and date.
d.
Approximate acreage in tract to one-tenth (1/10) of an acre.
e.
Location or key map.
f.
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 U.S. survey lines.
b.
Physical features of property, including watercourses, ravines, ponds (standing water), existing and proposed bodies of water, levees or drainage area, forested areas (every effort must be made to preserve as many existing trees as possible), outcropping of rock, bridges, culverts, present structures, existing sidewalks, pipelines, overhead electric lines and off-street parking, if applicable, as well as all easements of record for pipelines, overhead electric lines and other utilities. Watercourses left in their natural state must be shown within common ground, with lot lines set back from the top of the existing stream bank, or from the 10-year, 24 hour or 15-year, 20 minute water surface elevation, where no established top-of-bank can be determined, for all subdivisions except those with lots three (3) acres or larger in size, as provided by Part 3, Article VI of Chapter 405 of this Unified Development Ordinance. All plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri".
c.
Indicate average lot size for the development.
d.
Topography of tract with contour interval of one (1), two (2), or
five (5) feet on U.S.G.S. Datum.
e.
Names of adjacent subdivisions, including existing lot numbers and/or
property lines and owners, around perimeter within one hundred (100)
feet, showing existing streets, highways, etc.
f.
Location, width, and names of existing and proposed streets with
right-of-way, pavements, roads, lot dimensions, sidewalks, setback
lines, easements, parks, school sites, and other features of the proposed
subdivision.
g.
Cul-de-sac islands and raised medians shall be included within right-of-way if that right-of-way is dedicated by plat to the public and if improvements within that right-of-way are to be maintained by the public, as provided in Section 410.210(C), below.
h.
Indicate the street dedication public or private.
[Ord. No. 18-013 § 1, 1-29-2018]
i.
All approximate gradients of streets will be shown.
j.
Indicate the centerline curve radius on streets.
k.
Depict a standard County entrance configuration at the entrance(s)
to the development.
l.
Depict any dedication strips along existing roadways.
m.
Designation of land use, whether for residential, commercial, industrial,
or public use, and present zoning district.
n.
Designation of utilities to serve proposed subdivision.
o.
Designation of the school and fire district which serves the proposed
subdivision.
p.
Location of stormwater management facilities for stormwater runoff
in common ground, with permanent feasible access provided for maintenance
of same. The plat shall also dedicate to St. Charles County or its
successors in interest an easement of access to and in the common
ground occupied by any stormwater management facilities for the purpose
of inspection and enforcement of all applicable regulations of such
stormwater management facilities. Placement and preservation of facilities
outside of common ground will be considered on a case-by-case basis
and approved by the Director of Community Development. Justification
must be provided for consideration.
[Ord. No. 20-098, 12-21-2020]
q.
Common ground acreage to nearest one-tenth (1/10) of an acre and
designation of common ground.
r.
Depict floodway fringe, density floodway, and floodway boundaries,
and provide base flood elevations as shown on Flood Insurance Rate
Maps (FIRMS) issued by the Federal Emergency Management Agency (FEMA)
and the maps presently filed in the office of the Division of Planning
and Zoning. Any floodway areas or wetlands must be shown as common
ground.
s.
Provide proposed development stormwater runoff factor.
t.
Other information, as may be required by the Director of the Division
of Planning and Zoning, to serve the intent and purpose of this Chapter.
u.
Depict the location of water lines for subdivisions with individual
water treatment systems.
v.
Note on plat that all stub streets will likely be extended in the
future development.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-027 §3, 3-1-2005; Ord.
No. 07-053 §1, 3-27-2007]
A.
An applicant for approval of a preliminary plat to be served by individual waste treatment systems must meet the following requirements, in addition to those set out in Section 410.110.
[Ord. No. 16-054-§11, 7-25-2016]
1.
A Department of Natural Resources approved engineering geologic report
must be submitted to the Division of Building and Code Enforcement
prior to a review of the soil evaluation report.
2.
A soil evaluation report utilizing a five (5) foot deep test pit
and one (1) permeability evaluation for every lot must have Division
of Building and Code Enforcement approval prior to the Planning and
Zoning Commission vote on the final plat. Additional permeability
evaluations will be required by the Division of Building and Code
Enforcement based on grade, lot, and subdivision sizes or any other
physical characteristics. Permeability evaluation to be conducted
by a soils scientist licensed by the State Health Department. After
the final subdivision plat is approved, at least one (1) additional
permeability evaluation will be required on each lot located in the
area of the proposed leach field. Further evaluations may be required
by the Division of Building and Code Enforcement.
B.
An applicant for approval of a preliminary plat that is subject to any easement for pipelines, overhead electric lines and other utilities that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) must supply as many additional copies of the preliminary plat as may be required for St. Charles County to forward for comment to all holders of easements in the property to be subdivided that are for the purpose of accommodating one (1) or more high pressure pipeline(s).
C.
An applicant for approval of a preliminary plat in which subdivision streets connect to roads or highways under the jurisdiction of the State of Missouri or another political subdivision must meet the following requirements, in addition to those set out in Section 410.110.
1.
The applicant must submit concept designs for any connections between
subdivision streets and existing roads or highways and for any improvements
to them that may be required by the jurisdiction with legal responsibility
to maintain improvements within those existing roads or highways.
2.
The applicant must also submit written documentation that the jurisdiction
with legal responsibility to maintain improvements within those existing
roads or highways has approved those concept designs, that a party
has agreed with that jurisdiction to build the improvements called
for in those concept designs.
[Ord. No. 99-99 §1, 7-12-1999]
The Director of the Division of Planning and Zoning shall review
the submitted preliminary plat and other information and documentation
submitted, and within eight (8) business days shall determine if the
plat as submitted is complete. If the preliminary plat is determined
to be incomplete, the Director of the Division of Planning and Zoning
shall return the plat to the consultant/designer who prepared the
plat with a written explanation of the additional information needed
for a staff review.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(103), 10-1-2003; Ord. No. 05-148 §11, 10-25-2005; Ord. No. 07-040 §1, 3-13-2007]
A.
Preliminary
plat approval shall confer upon the subdivider the following rights
and privileges:
1.
The preliminary plat will remain in effect for a two (2) year period
from the date of final approval by the Governing Body or Director
of the Division of Planning and Zoning. The applicant may, during
this period, submit all or part or parts of said preliminary plat
for final plat approval. Approval of a final plat(s) that is part
of a preliminary plat will extend the approval of the preliminary
plat for an additional year(s). A request for an extension of time
may be made by the developer in writing to the Director of the Planning
and Zoning Division for approval. The Director of the Planning and
Zoning Division may approve an extension of time due to extenuating
circumstances for a period of one (1) year for a preliminary plat.
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.
[Ord. No. 04-053 §1, 4-13-2004; Ord. No. 07-040 §1, 3-13-2007]
A.
Intent/Purpose. The purpose of this Section is to promote
the public health, safety, comfort and general welfare of St. Charles
County residents by providing tree preservation standards. These standards
are designed to enhance the quality and appearance of developed properties,
protect existing natural resources, buffer differing land uses and
conserve the value of land and buildings throughout St. Charles County.
These standards will also increase energy efficiency through shading
and cooling, filter air pollution, filter and assist in the management
of stormwater runoff, buffer noise and wind and provide wildlife habitat
as well as pleasant visual relief.
[Ord. No. 20-098, 12-21-2020]
B.
Applicability. These standards will apply to all new residential
developments in unincorporated St. Charles County except the following:
C.
Plan Requirements.
1.
All preliminary residential subdivision plats shall delineate the
anticipated tree preservation plan. Tree preservation information
supplied on the Preliminary Plat shall be as follows:
2.
Final Tree Preservation Plan shall be included with the grading plans
for a site and have the following:
3.
The tree preservation limits as approved on the final tree preservation
plan shall be depicted on the final plat. A note shall also be provided
to reference any tree preservation areas stating: "There shall be
no clearing, grading, filling, construction activities or disturbance
in any tree preservation areas".
D.
Tree Preservation Requirements.
1.
Subject to paragraph (2), below, all developments shall meet a minimum
tree preservation requirement of ten percent (10%) of the site or
twenty-five percent (25%) of existing woodlands and trees as they
existed three (3) years prior to submittal of the Preliminary Plat;
whichever is greater. If the total area of trees on the site is equal
to or less than ten percent (10%) of the total site area, fifty percent
(50%) of the existing trees shall be retained. The preservation of
existing trees must be depicted on the tree preservation plan. Existing
woodlands and trees may be determined by using aerial photographs
or field inventory. No credit will be given to a tree or any portion
of a tree canopy that is not located on the subject property.
2.
The Director of Community Development may waive all or part of the requirements imposed by paragraph (1), above, provided that the Director or his designee, based on his/her physical inspection of the property to be developed, determines that strict compliance with those requirements would render the property undevelopable. A replacement ratio of three (3) trees to each tree destroyed, damaged or removed is required to be planted in the development per the requirements of Subsections (G) and (H). The final ten percent (10%) of the performance guarantee of the required erosion control plan will be held until all tree preservation requirements have been met.
[Ord. No. 20-098, 12-21-2020]
E.
Protective Methods. To receive preservation credit, trees
to be preserved must be protected from direct and indirect root damage
and trunk and crown disturbance. No credit will be allowed for any
dead tree, any tree in poor health or any tree subjected to grade
alterations. The death of any tree used for preservation credit shall
require the owner to replace the tree. The following standards shall
apply:
1.
The protection area around trees shall include all land within the
canopy drip line. This area shall remain free of all grading and filling
activities.
2.
Construction site activities such as parking, material storage, soil
stock piling and concrete washout shall not be permitted within tree
protection areas.
3.
Tree protection areas should be clearly identified prior to any land
disturbance. Methods that may be used include snow fence, polyethylene,
chain link fence, construction stakes placed every fifteen (15) feet,
or other measure as approved in writing by the Director of the Division
of Development Review.
[Ord. No. 20-098, 12-21-2020]
4.
Signs shall be used to designate tree protection areas. Signs are
to be posted visibly on all sides of the preservation area and must
be visible throughout the development process. Minimum size for the
signs is twenty-four (24) inches by thirty-six (36) inches and should
state the following "TREE PROTECTION AREA—Machinery access,
dumping or storage of materials and equipment is prohibited."
F.
Enforcement And Penalties. The Director of the Division of Planning and Zoning is hereby charged with the responsibility of administering and enforcing the provisions of the landscaping and tree preservation program. All violations are subject to penalties set forth in Sections 405.640 through 405.655, except that the Director of the Division of Planning and Zoning shall have the discretion to allow more than ten (10) days for the correction of violations, taking into account such factors as:
1.
The requirements of the grading project under review, and
2.
The requirements for planting or transplanting trees and shrubs under
the best practices of the landscaping or arborist profession. If required
tree protection areas are disturbed during construction, a replacement
ratio of three (3) trees to each tree destroyed, damaged or removed
is required to be planted in the development. The final ten percent
(10%) of the performance guarantee of the required erosion control
plan will be held until all tree preservation requirements have been
met.
G.
Materials. A mixture of native, hardy deciduous, flowering
and/or coniferous trees may be planted.
H.
Installation And Maintenance. All landscape materials must
meet the following:
1.
All trees must be in place and healthy prior to the issuance of any
occupancy permit. Upon approval by the Director of the Division of
Planning and Zoning, a temporary certificate may be issued without
the installation, provided written assurances are given that the planting
will take place when the proper season arrives.
2.
New landscaping shall not be planted within any easement, right-of-way
or sight triangle.
3.
All trees shall have natural bark mulch placed around the base of
the tree, at least four (4) inches deep and have at least an eighteen
(18) inch radius from the trunk.
4.
Newly planted trees shall be supported (staked and tied) through
the first (1st) growing season to insure proper growth.
5.
All landscaping within common ground areas must be maintained by
the owner. The landscaping must be maintained in a healthy growing
condition as is appropriate for the season of the year. Plant materials,
which exhibit damage, must be restored to healthy condition or replaced
within the next growing season.
[1]
Editor's Note—Ord. no. 07-040 §1, adopted March
13, 2007, repealed section 410.150 "display house plat" in its entirety.
Former section 410.150 derived from ord. no. 99-99 §1, 7-12-1999;
ord. no. 01-111 §9, 9-26-2001; ord. no. 03-142 §1(104),
10-1-2003. At the editor's discretion, this section has been reserved
for the city's future use.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §§5—9, 1-30-2002; Ord. No. 02-088 §7, 6-26-2002; Ord. No. 03-142 §1(105—110), 10-1-2003; Ord. No. 04-075 §5, 5-27-2004; Ord. No. 05-027 §4, 3-1-2005; Ord. No. 05-148 §12, 10-25-2005; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §58, 6-2-2010]
A.
After
the preliminary plat is approved, improvement plans for all or any
part of the subdivision shall be prepared by an engineer and submitted
to the Director of the Division of Development Review for review and
approval by the Director. If any changes are made to the streets,
storm or sanitary sewers, stormwater management facilities, drainage
areas, or any other significant changes after the improvement plans
have been approved or the date the final plat was recorded, then revised
plans must be submitted to the Director of the Division of Development
Review for reapproval by the Director. All submittals of improvement
plans and design calculations must bear the seal of the engineer.
[Ord. No. 20-098, 12-21-2020]
B.
Improvement
plans shall be prepared in accordance with St. Charles County's Design
Criteria for the Preparation of Improvement Plans.
[Ord. No. 20-098, 12-21-2020]
C.
Installation
of pavement and related paving improvements shall conform to the requirements
set forth in St. Charles County's "Standard Specifications for Subdivision
Street Construction," dated February 2014, or as amended thereafter.
Installation of storm sewers shall conform to the requirements set
forth in the Metropolitan St. Louis Sewer District's "Standard Construction
Specifications for Sewers and Drainage Facilities" dated 2009.
[Ord. No. 20-098, 12-21-2020]
D.
Actual
construction of such facilities and improvements may commence at the
developer's risk prior to the final plat approval if the detailed
improvement plans have been approved by the Director of the Division
of Development Review, 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.
E.
As-Built
Plan Requirements. The developer shall submit to the Director of the
Division of Development Review one (1) set of prints, one (1) digital
AutoCAD drawing file, and one (1) digital file in “.pdf”
format of "as-built" plans for the required infrastructure improvements
that have been completed. Storm sewer systems, including culverts,
bridges, improved open channels designed in accordance with Section
50.30.5 of the St. Charles County's Design Criteria for the Preparation
of Improvement Plans, and stormwater management facilities shall be
surveyed after the completion of construction to verify the elevations,
dimensions, and locations of the facilities in relation to the approved
design. As-Built surveys are not required for typical yard swales
designed to drain local subdivision drainage to storm sewer inlets.
The "as-built" plans for sanitary systems and water systems shall
be required where these systems are not under the jurisdiction of
other public agencies. Each set of "as-built" plans shall be certified
and sealed by a professional engineer or land surveyor licensed in
the State of Missouri.
[Ord. No. 20-098, 12-21-2020]
F.
An applicant for approval of improvement plans for any preliminary plat that is subject to any easement for pipelines, overhead electric lines and other utilities that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) must meet the following requirements, in addition to those set out above.
1.
The applicant must depict all such easements of record upon the improvement
plans.
2.
The applicant must certify to St. Charles County that the applicant
has delivered copies of those improvement plans to all holders of
such easements with notice to send comments on or consents to those
plans to the Director of the Division of Development Review. The certificate
shall also state the date and address of delivery.
No improvement plans may be approved without the consents to
those plans from the holders of such easements.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-111 §10, 9-26-2001]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 03-142 §1(111), 10-1-2003; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 18-015 § 3, 1-29-2018]
A.
After
the improvement plans have been approved, but before recording the
record subdivision plat, the subdivider, or a contractor for the subdivider,
must:
1.
Either complete the improvements, under the inspection of the appropriate
inspecting agency and in accordance with the approved improvement
plans, and post a performance guarantee for ten percent (10%) of the
estimated sum; or
2.
Post a performance guarantee ensuring or guaranteeing the installation
of all said improvements.
B.
If
the performance guarantee is a lender's or escrow agreement, that
agreement shall:
1.
Be prepared on forms developed by the Director of the Division
of Development Review and approved by the County Counselor and be
signed by the Director of the Division of Development Review and County
Registrar;
2.
Ensure or guarantee the construction and completion of all the improvements
as set forth in the approved improvement plans based on the cost estimate
prepared by the consulting engineer and approved by the Director of
the Division of Development Review; and
3.
Be held in a special account by the escrow holder or lender
at offices in St. Charles County, the City of St. Louis or Missouri
counties contiguous to St. Charles County and the funds shall be subject
to the audit of St. Charles County.
C.
If the performance guarantee is a standby letter of credit or a certified
check, the subdivider, or a contractor for the subdivider, and the
County shall enter into a fully executed deposit agreement prepared
on forms developed by the Director of the Division of Development
Review and approved by the County Counselor and signed by the Director
of the Division of Development Review and the County Registrar, which
shall require the subdivider and/or contractor to fulfill the obligations
imposed in this Section. A standby letter of credit may be prepared
on forms provided by the financial institution on which it is drawn
but must be approved by the County Counselor and must, at a minimum,
provide for:
1.
Drafts to be drawn at offices in St. Charles County, the City
of St. Louis or Missouri counties contiguous to St. Charles County;
and
2.
Automatic extensions without amendment for additional one-year
terms unless, at least forty-five (45) days prior to the letter's
then-current expiration date, the financial institution issuing the
letter gives written notice of non-renewal to St. Charles County's
Department of Community Development by registered or certified mail
or by overnight courier.
D.
Any performance guarantee shall be administered as follows:
1.
The estimated sum shall be held by the escrow holder, lender
or the County Director of Finance as the agreement provided until
such time as the Director of the Division of Development Review authorizes
release of funds as provided herein. Authorization shall be written
and addressed to the escrow holder, lender or Director of Finance.
The Director of the Division of Development Review may authorize release
for disbursement by the escrow holder, lender or Director of Finance
per line item of the approved cost estimate as items are completed
and inspected and, in the event of delays caused by unforeseen circumstances
such as weather, may also authorize partial releases based upon partial
completion. At no time will the amount to be released depreciate the
account to less than the cost of completing said remaining improvements.
This sum shall be determined by using current market value of the
materials and labor. In no case shall the escrow holder, lender or
County release more than ninety percent (90%) of the estimated sum
until improvements and installations have been completed in a satisfactory
manner in accordance with the subdivision regulations and approved
by the County Engineer and the Director of the Division of Development
Review. The remaining ten percent (10%) of all said improvements shall
be released upon acceptance of all public improvements by the Governing
Body or final approval of all private improvements by the Director
of the Division of Development Review. The estimated sum shall be
held by the surety or the County as in the agreement provided, until
such time as the Director of the Division of Development Review shall,
by written authorization addressed to the surety or the County Director
of Finance, release the total sum.
2.
This amount shall only be authorized to be released in its entirety
after the County Engineer and the Director of the Division of Development
Review certify that all the improvements have been constructed in
accordance with the approved plans, all the requirements of this Chapter
have been met, all the streets and storm sewers and storm sewer structures
to be publicly maintained located within the right-of-way or a recorded
easement have been approved by the Governing Body, and all private
improvements have been approved by the Director of the Division of
Development Review.
3.
Upon request of the person posting the performance guarantee,
the Director of the Division of Development Review shall release funds
for any completed line item of the work within thirty (30) days after
the County inspects such work, provided the inspection report does
not note any deficiencies in such work. Inspections for partial release
requests shall be completed within a reasonable period of time, and,
if such inspections do not note any deficiencies in the completed
portions of the work, the County shall make corresponding releases
of funds promptly.
4.
In the event that the improvements are not satisfactorily completed
within two (2) years after approval of the improvement plans, the
Director of the Division of Development Review has the right to remove
said monies to complete the guaranteed improvements, unless an extension
in time is granted by the Director of Community Development.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(112—113), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 07-001 §2, 1-3-2007; Ord.
No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §59, 6-2-2010]
A.
After the preliminary plat has been approved by the Director of the Division of Planning and Zoning or County Council, a final plat shall be prepared and submitted to the Director of the Division of Planning and Zoning. Fifteen (15) folded prints and a digital version of the final plat shall be filed in the Division of Planning and Zoning. The final plat may be approved by the Director of the Division of Planning and Zoning and the Chairperson or Secretary of the Planning and Zoning Commission provided it is determined to be in substantial conformance with the approved preliminary plat. No final plat shall be approved if it shows additional existing easements recorded after submittal of the preliminary plat to St. Charles County, unless the Director of the Division of Planning and Zoning determines that those additional existing easements do not encumber land to be dedicated by plat as right-of-way. If such final plat is determined not to be in conformance with said preliminary plat, the applicant may request administrative review of such decision by the Planning and Zoning Commission. The Planning and Zoning Commission may reverse the determination and approve the plat. In no case may a final plat be approved for a subdivision to be served by a newly constructed wastewater treatment facility before the Division of Building and Code Enforcement has issued a certificate of occupancy for it as provided in Section 405.500 (F)(1). The approval of the Director of the Division of Planning and Zoning shall be shown on the plat with the date of such approval and over the signature of the Chairperson or Secretary of the Planning and Zoning Commission. If the applicant has requested an administrative review of the final plat by the Planning and Zoning Commission, fifteen (15) folded prints of the final plat and a reduced copy of the plat sheet measuring eight and one-half (8½) inches by eleven (11) inches or eleven (11) inches by seventeen (17) inches shall be submitted to the Division of Planning and Zoning at least twenty-seven (27) days prior to the meeting at which approval is requested. 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.
[Ord. No. 16-054 §11, 7-25-2016]
B.
The
final plat shall be recorded within ninety (90) days after approval
by the Director of the Division of Planning and Zoning, except that
the Director of the Division of Planning and Zoning may grant one
(1) extension of thirty (30) days. If the final plat is not recorded
in that time, the approval shall expire.
C.
The
final plat shall be prepared on mylar, its equal or better, and shall
contain the following information (sheet size maximum twenty-four
(24) inches by thirty-six (36) inches (24" x 36"), minimum twelve
(12) inches by eighteen (18) inches (12" x 18").
D.
In
addition to the fifteen (15) prints of the final plat, a digitized
version that complies with County mapping standards shall be submitted.
The digitized version shall show and be accompanied by the following
information:
1.
The outboundary of the subdivision shall be tied to the Missouri
Coordinate System of 1983 in accordance with the current Missouri
Minimum Standards for Property and Boundary Surveys;
2.
The coordinates of the exterior corners shall be shown on the plat;
3.
The surveyor who is sealing the record plat must submit a signed
and sealed letter indicating that the digitized version is an accurate
representation of the adjusted plat; and
4.
The surveyor must submit a sealed paper copy of the adjusted plat.
[Ord. No. 99-99 §1, 7-12-1999]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-004 §10, 1-30-2002; Ord. No. 02-088 §8, 6-26-2002; Ord. No. 03-142 §1(114—116), 10-1-2003; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 04-162 §4, 10-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §60, 6-2-2010]
All plats shall include the following information:
A.
Accurate
boundary survey to State of Missouri minimum surveying standards with
bearings and distances tied to surveyed identification points (established
section lines, fractional section lines, and/or U.S. survey lines).
B.
Location
of lots, streets (including pavement and right-of-way widths), public
highways, parks, sidewalks as required, and other features as required,
with accurate dimensions to decimals of feet, length, and radii of
all curves.
C.
Notation
on cul-de-sac islands and raised medians, if any. All plats shall
include a note stating:
"Construction, renovation, alteration or maintenance of any
vegetation, landscaping and/or subdivision monuments on any cul-de-sac
islands and raised medians in right-of-way dedicated or that may be
dedicated to the public for streets maintained by the St. Charles
County Highway Department shall be the responsibility of the subdivision
homeowners association under special use permits issued by the St.
Charles County Highway Department."
D.
Acreage
and ownership of all common ground.
E.
Location
of stormwater management facilities for stormwater runoff in common
ground with feasible vehicular access, fifteen (15) foot width minimum.
The plat shall also dedicate to St. Charles County or its successors
in interest an easement of access to and in the common ground occupied
by any stormwater management facilities for the purpose of inspection
and enforcement of all applicable regulations of such stormwater management
facilities. Placement and preservation of facilities outside of common
ground will be considered on a case-by-case basis and approved by
the Director of Community Development. Justification must be provided
for consideration.
[Ord. No. 20-098, 12-21-2020]
F.
Watercourses left in their natural state must be shown within common ground, with lot lines set back from the top of the existing bank of the watercourse or the 10-year, 24 hour or 15-year, 20 minute water surface elevation, where no established top-of-bank can be determined, for all subdivisions except those with lots three (3) acres or larger in size, as provided by Part 3, Article VI of Chapter 405 of this Unified Development Ordinance. All plats shall clearly show the boundaries of any setback from natural watercourses on the subject property which are left in their natural state and provide a note to reference that setback area stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by Section 405.5026 of the Unified Development Ordinance of St. Charles County, Missouri".
G.
Setback
lines on front and side streets; location and dimension of utility
easements. Areas designated as common ground shall not be dedicated
as one (1) blanket utility easement unless approved by the Director
of the Division of Planning and Zoning.
H.
Designate
pipeline and/or overhead electric easements, and with respect to pipeline
easements designate all setbacks and restrictions imposed by Section
405.503, Regulations Concerning High Pressure Pipelines.
I.
Names
of streets and lots numbered in logical order. Streets and names of
adjacent subdivision and/or adjacent property owners within one hundred
(100) feet in dashed lines.
J.
Provide
for a fifty-five (55) foot wide pavement radius and sixty-three (63)
foot right-of-way radius turnaround where needed.
K.
Depict
floodway fringe, density floodway, and floodway boundaries, and provide
base flood elevations as shown on Flood Insurance Rate Maps (FIRMS)
issued by the Federal Emergency Management Agency (FEMA) and the maps
presently filed in the office of the Division of Planning and Zoning.
Any floodway areas or wetlands must be designated as common ground
on the final plat.
L.
Indicate
the future street number on each lot.
M.
All
areas designated as areas for common use and enjoyment by subdivision
lot owners shall be shown on the plat as common ground.
N.
Depict
any existing easements across the property. No final plat shall be
approved showing additional existing easements recorded after submittal
of the preliminary plat to St. Charles County, unless the Director
of the Division of Planning and Zoning determines that those additional
existing easements do not encumber land to be dedicated by plat as
right-of-way. Depict any existing easements on adjacent properties
within one hundred (100) feet of the site that are utilized for the
development of the site.
O.
Depict
all monuments on plat.
P.
Notation
of right-of-way to be dedicated to the public, whether such dedications
are for subdivision streets, future road improvements, or any other
public use, shall be in the form of a note on the plat stating:
[Ord. No. 14-046 §1, 5-27-2014]
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"The undersigned owners hereby designate the streets and roadways
shown hereon as public streets and roadways and dedicate them in trust
to St. Charles County, Missouri, for use as right-of-way."
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Q.
Depict and dedicate all utility easements as specified in Section 410.320(D). Notation for dedication of utility easements shall include the following language:
[Ord. No. 14-046 §1, 5-27-2014]
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“The undersigned owners of the real estate described herein
do hereby grant and dedicate the areas shown as 'Easements' as perpetual
non-exclusive utility easements for sanitary sewers, gas lines, water
lines, electric lines, communication lines, other public utility facilities,
and all related appurtenances. The perpetual non-exclusive utility
easements are hereby granted to [insert applicable utility companies,
such as: Public Water Supply District No. 2 of St. Charles County,
Missouri, Missouri-American Water Company, Duckett Creek Sanitary
District, Cuivre River Electric Company, Union Electric Company d/b/a
Ameren Missouri, Laclede Gas, CenturyLink, Charter Communications,
East Central Missouri Water and Sewer Authority, AT&T], and to
all other public utility providers as their interest may appear, and
their successors and assigns, for the installation, use, patrol, access,
inspection, maintenance, repair, relocation, and replacement of sanitary
sewers, gas lines, water lines, communication lines, electric lines,
and other public utility facilities, including all related appurtenances
and improvements, the right of temporary use of ground adjacent to
said utility easements, not occupied by improvements [limited, however,
to five (5) feet on either side of said easement] for the excavation
and temporary storage of materials during the installation, inspection,
repair, relocation, or replacement of said utility facilities, together
with all rights implied by and incidental to the use of said utility
easements, including, without limitation, the right of ingress and
egress to and from such utility easements from adjacent property,
and the right to trim, control, cut, and remove any and all brush,
bushes, saplings, trees, roots, undergrowth, rock, overhanging branches,
and other obstructions that adversely impact the function or ability
to maintain the utility upon, over, and under the utility easements
and the adjacent property. Any utility company
or public provider that
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causes damage to the property shall be responsible to restore
the disturbed area as nearly as possible to its prior former condition.”
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R.
Depict and dedicate all storm sewer easements as required by Section 410.320(E). Notation for dedication of storm sewer easements to the public shall include the following language:
[Ord. No. 14-046 §1, 5-27-2014]
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“The undersigned owners hereby dedicate all storm sewer
easements identified hereon to St. Charles County, Missouri for St.
Charles County’s use for stormwater drainage facilities, with
the right of temporary use of adjacent ground not occupied by improvements
for the excavation and storage of materials during installation, repair
or replacement of said utilities, sewers and drainage facilities.”
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[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 02-122 §1, 7-30-2002; Ord. No. 03-142 §1(117), 10-1-2003; Ord. No. 04-053 §1, 4-13-2003; Ord. No. 05-027 §5, 3-1-2005]
A.
Dedication
of all streets, public highways, and land intended for public use,
together with the deed book and page of the subdivision restrictions,
trust indentures, or street maintenance agreements, and signed by
all parties who have mortgage or lien interest, including owner(s).
B.
Dedication
of all private streets and easements.
[Ord. No. 14-046 §2, 5-27-2014]
C.
Certification
as to acreage boundaries, monuments made by a registered land surveyor,
testifying that the above were made by the surveyor.
D.
In
the event a subdivision is to have privately maintained streets, storm
sewers, stormwater management facilities, and/or common ground, evidence
of the methods for controlling and maintaining each private facility
shall be submitted with the final plat. Such restrictions or trust
indentures must be reviewed by the Division of Planning and Zoning
and Development Review before they may be recorded. Where any plat
includes common ground, that plat shall include a note that title
to that common ground shall be conveyed to a homeowners' association
or its trustees, and the owner shall convey such title upon establishing
such an association and designating its trustees.
[Ord. No. 20-098, 12-21-2020]
E.
In
cases where the developer proposes to include other regulations (i.e.,
architectural control, covenants, and deed restrictions), they shall
be submitted to the Director of the Division of Planning and Zoning
indicating the additional regulations and how they are going to be
administered.
F.
A letter addressed to St. Charles County by the holder of any easement for pipelines, or for overhead electric lines that must be shown on the preliminary plat pursuant to Section 410.110(C)(2)(b) certifying that the proposed final plat does not impair any rights under that easement or compromise any facilities within it. If such a letter cannot be supplied, submit a letter or affidavit stating the date on which a copy of the proposed final plat was mailed or delivered (as the case may be) to the easement holder or its representative and stating the name and address of that easement holder or its representative.
G.
Prior
to the recording of the final plat, an entrance permit is needed from
the Missouri Department of Transportation if the subdivision has an
entrance on a State-maintained right-of-way.
H.
A residential
housing development must be approved by the Missouri Department of
Natural Resources for individual sewage disposal systems on subdivisions
containing seven (7) or more lots prior to the approval of the final
plat by the Director of the Division of Planning and Zoning.
I.
Statement
relating to proof of payment of tap-on fees for appropriate sewer
district.
J.
The
above must have all signatures, corporate seal(s) affixed or embossed
and be notarized by a notary public prior to the recording of the
final plat. 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.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 07-040 §1, 3-13-2007]
A.
No
subdivision plat 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 Secretary or Chairperson of the Planning
and Zoning Commission and the County Executive or Director of the
Division of Planning and Zoning are endorsed thereon and until a performance
guarantee has been posted or the public improvements have been constructed
to County standards.
B.
No
lot shall be sold for such subdivision plat until it has been reviewed
and approved, as provided 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 preliminary plat is approved and a
Land Disturbance Permit is issued. Further, no dwelling unit may be
occupied until the public or private improvements are completed, unless
a performance guarantee has been posted for the completion of said
improvements and the final plat is recorded.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-053 §1, 4-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord. No. 07-040 §1, 3-13-2007; Ord. No. 10-041 §61, 6-2-2010]
A.
When
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 County Council. Similarly, a person or persons owning
a lot or lots subject to a platted private street or platted unimproved
public street may petition to vacate that street, provided all owners
of lots affected by that street join in the petition. Accompanying
said petition shall be presented:
[Ord. No. 13-060 §6, 8-12-2013]
1.
A distinct legal description of the property to be vacated.
2.
A current recorded deed to the property showing ownership.
3.
A filing fee in the sum of two hundred dollars ($200.00).
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Immediately upon receipt of such petition, the Division of Planning
and Zoning shall note thereon the date of filing and make a permanent
record thereof. All such petitions shall be set down for consideration
before the County Council not later than ninety (90) days from the
date of filing the same. Notice of such hearing shall be posted at
least twenty (20) days in advance thereof in one (1) or more public
areas of the Administration Building of the County and on the St.
Charles County Government website. Notice shall also be given, at
least twenty (20) days before the County Council consideration, by
U.S. mail to all owners of any real property (as per the current records
of the St. Charles County Assessor) within five hundred (500) feet
of the parcel of land for which the vacation is proposed.
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The petition shall be placed on the County Council's consent
agenda for consideration. If no opposition be made to said petition,
the County Council may vacate the same by order with such restriction
as they may deem for the public good. Should opposition be made, it
must be made in written form and presented to the County Registrar
no later than seven (7) days prior to the County Council meeting.
Said petition shall then be set down for public hearing before the
County Council. No vacation shall take place, unless the advice of
the Division of Planning and Zoning be obtained, which advice shall
be filed with said petition.
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B.
This
provision for the vacation of subdivisions or parts thereof shall
not apply to requests for the release of platted easement rights.
The County Council may consider and grant such releases provided that
any and all parties that have or may have interests in such easements
consent in writing to the requested release.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(118), 10-1-2003]
After the recording of a final plat for all individual units
or a condominium development, the developer may obtain approval of
individual units or structures consistent with the preliminary plat.
In addition to the three (3) paper prints and the mylar of the
condominium plat, a digitized version that complies with County mapping
standards shall be submitted. The digitized version should be accompanied
by the information consistent with the final plat.
The condominium plat shall be consistent with all applicable
State Statutes and shall be approved by the Director of the Division
of Planning and Zoning.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001; Ord. No. 03-142 §1(119), 10-1-2003]
A.
Three
(3) folded prints of the boundary adjustment plat shall be submitted
to the Division of Planning and Zoning. In addition to the three (3)
paper prints and the mylar of the Boundary Adjustment Plat, a digitized
version that complies with County mapping standards shall be submitted.
The digitized version should be accompanied by the information consistent
with the final plat. All Boundary Adjustment Plats shall be prepared
by a Missouri registered professional land surveyor and/or Missouri
registered professional engineer and bear their signature and seal.
There shall be no filing/review fee for a Boundary Adjustment Plat
submitted.
B.
Boundary
Adjustment Plats must meet the following criteria:
C.
Boundary
Adjustment Plats shall include, at a minimum, the following:
1.
Name of plat and names of those who prepared the plat.
2.
North point, date of survey, and scale used.
3.
Location of original and adjusted lot lines and their relation to
established section lines, fractional section lines or U.S. survey
lines.
4.
Acreage of original and adjusted lots.
5.
Setback lines, location of easements.
6.
Street numbers of each lot.
7.
Certification as to acreage boundaries, monuments made by a registered
land surveyor, testifying that the above were made by the surveyor.
8.
Owner of record signature(s) and lienholder's statement. These signatures
must be notarized by a notary public prior to recording the plat.
9.
The statement "This Boundary Adjustment Plat is approved for recording
this ________ day of ________________." The statement shall also include
a three (3) inch line with the title "Director of the Division of
Planning and Zoning" directly below the line for his/her signature.
D.
Boundary Adjustment Plat Approval. No Boundary Adjustment
Plat 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 Director of the Division of Planning and Zoning is endorsed
thereon.
