(1) Appeals to the Board of Adjustment may be taken by the person aggrieved, or by an officer, department, or bureau of the government, affected by any decision of the Director of Public Services. Such appeal shall be filed with the Director of Public Services within a reasonable time, as shall be prescribed. The Director of Public Services shall forthwith transmit to the Secretary of the Board of Adjustment all papers constituting the record upon which the action appealed from is taken.
(2) An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Public Services certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment, or by a court of record on application or notice to the Director of Public Services on good cause shown.

Procedure. The procedure for requesting a hearing before the Board of Adjustment shall be as follows.

(1) All applications to the Board of Adjustment shall be in writing on forms provided by the Board of Adjustment and filed with the City Clerk.
(2) The Board of Adjustment shall fix a reasonable time for the hearing of an application, and give public notice thereof, as well as due notice to the parties in interest as required by Section 89.100, RSMo. The Board of Adjustment shall post public notice of such hearing in a prominent location at the City Government Center at least 15 days in advance of such hearing. The Board of Adjustment may also provide public notice by posting same on the property for which a variance is to be considered and posting notice at the City's website. The Secretary shall submit a list of those persons receiving the notice to the Board of Adjustment at the public hearing.
(3) An application shall be accompanied by a filing fee in an amount established by the Board of Aldermen. A separate filing fee shall be required for each request.

Additional requirements. In addition to the above requirements, certain applications require additional information as follows:

(1) Appeals.

(a) An application for an appeal shall be filed within 60 days after a ruling has been made by the appropriate administrative officer or board.
(b) A copy of the order, requirement, decision, or determination of the appropriate administrative officer or board, which the applicant believes to be in error, shall be submitted.
(c) A clear, accurate, written description of the proposed use, work, or action for which the appeal is involved and a statement justifying the applicant's position.
(d) Where necessary, a plat plan, drawn to scale, in duplicate showing existing conditions and proposed plans for the area in question shall be submitted.

(2) Variances.

(a) The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the four conditions as set out in § 26-3D.6.b.(2)(a), of this chapter.
(b) The applicant shall submit a sketch, in duplicate, drawn to scale, and showing the lot or lots included in the application; the structures existing thereon; and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information, which would be helpful to the Board of Adjustment in consideration of the application, shall be included.

(3) Reapplication to Board of Adjustment. In the event that an appeal is denied by the Board of Adjustment, reapplication for the purpose of review of the same appeal on the same property, or part thereof, shall not be accepted by the City until six months following the date of final action on the original appeal, unless it can be shown to the satisfaction of the Director of Public Services that substantial new evidence, not available during review of the original appeal, will be presented.

1. Composition. The Planning, Zoning, and Architectural Review Commission shall consist of eight members, seven of whom shall be citizens of Crestwood, plus a nonvoting aldermanic representative. Members are appointed by the Mayor with the approval of a majority of the authorized membership of the Board of Aldermen. Reasonable efforts shall be made to ensure all wards are represented, however the qualifications of members shall be the primary guiding principle in making appointments and no Commission shall be deemed improperly constituted or unlawful if all wards of the City are not represented thereon. Three of the citizen members shall be citizens-at-large, and reasonable efforts shall be made for the remaining four citizen members to include: a reputable architect, a city planner, a landscape architect or a person knowledgeable of the construction industry, and a member of the Missouri Bar. All citizen members shall be appointed to terms of four years in duration, with each term beginning and ending on July 1. The terms shall be staggered with three groups consisting of two members and one remaining citizen member. Only one group (or the remaining citizen member) shall be appointed on July 1 of each year, and another group (or the remaining citizen member) shall be appointed on July 1 of every following year. All members of the Commission shall serve until his/her successor is appointed and qualified.
2. Attendance. Citizen members absent without excuse from three consecutive meetings, whether regular or special, shall be subject to removal under Subsection B3 of this section.
3. Duties and responsibilities. The Commission shall perform the duties required by this chapter and the duties required for a plan commission/zoning commission set forth in Chapter 89, RSMo. The Commission shall adopt rules in accordance with the provisions of this article. All citizen members shall be removable for cause by the Board of Aldermen upon written charges and after public hearing.
4. Chairperson. The Commission shall elect its Chairperson and Secretary from among the citizen members. The term of the Chairperson and Secretary shall be for one year with eligibility for reelection. The Chairperson shall be the presiding officer of all meetings of the Commission and shall have voice and vote the same as all other members. In the absence of the Chairperson, the Secretary shall serve as Acting Chairperson.
5. Aldermanic representatives. The Mayor, with the approval of a majority of the members of the Board of Aldermen, shall appoint an aldermanic representative from the members of the Board of Aldermen to act as liaison between the Board of Aldermen and the Commission. Participation in all discussions is strongly encouraged, but the aldermanic representative shall not have a vote on the Commission.
6. Ex officio members. The City Planner shall be an ex officio, nonvoting member of the Commission, acting in an advisory capacity and shall attend all meetings of the Commission. If the City Planner is unable to attend any such meeting, a representative shall be designated to attend by the Director of Public Services or the City Administrator.
7. Clerical staff. The Commission shall be provided with a clerical staff person by the City administration, who is not a voting member of the Commission. It shall be the duty of this staff to take minutes of the proceedings of the Commission. A set of minutes of the Commission meetings shall be made public in accordance with applicable state law. Records of the Commission shall be public records.
8. Vacancies. Vacancies of citizen members of the Commission shall be filled in the same manner as an original appointment, with the replacement to serve the unexpired term of any member whose term becomes vacant.
9. Reports. The Planning Commission, by and through the City Planner, shall make monthly reports to the Mayor and Board of Aldermen covering its investigations, hearings, transactions, and recommendations and such other reports and recommendations relative thereto as it may deem proper.
10. Functions.

a. Planning. The Planning Commission, may prepare, from time to time, a comprehensive plan for the City; area or neighborhood plans for land use and development; and/or a zoning system covering the whole or any part of the City.
b. Zoning. The Planning Commission shall consider all applications for site plan or development plan review, conditional use permits, signage, and proposals to amend or change the zoning ordinance, in accordance with the procedures set forth in this chapter, and shall report to the Board, in writing, its recommendations thereon, stating the reasons therefore.

11. Meetings and quorum. The Commission shall hold regular meetings every month. Special meetings may be scheduled at any time by the Mayor, the Chairperson, or the City Planner, provided that there is at least one week's notice provided to the public and all members of the Commission, including the aldermanic representative and the City Planner. All meetings of the Commission shall be open to the public. A quorum shall consist of four members. The aldermanic representative and any ex officio members do not count toward establishing a quorum.

a. The particular physical surroundings, shape, or topographical conditions of the property involved would result in a severe practical difficulty or extreme hardship upon or for the owner, lessee, or occupant, if the provisions of this chapter were literally enforced;
b. The request for a variation is not based exclusively upon the desire of the owner, lessee, occupant, or applicant to secure a greater financial return from the property;
c. The granting of the variation will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; and
d. The proposed variation will not impair an adequate supply of light to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(1) The applicant must show that this property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of this specific piece of property at the time of the effective date of the district zoning regulations, or where by reason or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the practical use of his property in the manner similar to that of other property in the zoning district where it is located.
(2) Conditions for variance.

(a) A request for a variance may be granted upon a finding of the Board of Adjustment that all of the following conditions have been met. The Board of Adjustment shall make a determination on each condition, and the finding shall be entered in the record.

(i) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.
(ii) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
(iii) That the special conditions and circumstances do not result from the actions of the applicant.
(iv) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land, structures, or buildings in the same district.

(b) In granting a variance, the Board of Adjustment may impose such conditions, safeguards, and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. Where this chapter provides more specific criteria for a particular type of variance, for instance, a variance from stream buffer or floodplain development requirements, the more specific criteria shall govern.

(3) Other matters: to hear and decide all matters referred to it or upon which it is required to pass under this chapter.

Period of validity. Unless as otherwise specified by the Board of Adjustment in its approval for an application, no variance granted by the Board of Adjustment shall be valid for a period longer than 90 days from the date upon which the variance is granted, unless within such period:

a. A building permit is obtained and the construction, or alteration of the structure, is commenced and pursued diligently toward completion; or
b. A certificate of occupancy is obtained and a use or occupancy commenced. The Board of Adjustment may grant extensions not exceeding 180 days each, upon written application, without notice or hearing.

1. Tendency to generate excessive traffic.
2. Detrimental effect upon the value or potential development of other properties in the neighborhood resulting from noise, odors, lighting, or other environmental conditions.
3. Extraordinary potential for accidents or danger to public health or safety.
4. Require a case-specific review to determine the compatibility in a specific context and location within a particular district.

1. Application. Application for a conditional use permit for a specific tract of land shall be addressed to the Planning Commission and shall be filed with the Director of Public Services. The application shall be filed on forms prescribed for that purpose and be accompanied by the following:

a. Filing fee in an amount established by the Board of Aldermen.
b. Legal description of the property.
c. A written description of the proposed use
d. Additional items may be required, such as:

(1) Outboundary plat of the property.
(2) A site plan in conformance with the requirements of Article III, § 26-12 (Major site plan and design review) and/or § 26-13 (Minor site plan), or where in conjunction with a proposed planned development as provided for in Article III, § 26-10 (Planned development), a development plan complying with the requirements of that section;
(3) Floor plan.

2. Burden of proof. In presenting any application for a conditional use permit, the burden of proof shall rest with the applicant to clearly establish that the proposed conditional use shall meet the following criteria:

a. The proposed conditional use complies with all applicable provisions of these applicable district regulations.
b. The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.
c. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
d. The location and size of the conditional use, the nature and intensity of the operation involved in, or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to:

(1) The location, nature and height of buildings, structures, walls, and fences on the site; and
(2) The nature and extent of proposed landscaping and screening on the site.

e. Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations.
f. Adequate utility, drainage, and other such necessary facilities have been or will be provided.
g. The proposed uses are deemed consistent with good planning practice and are not inconsistent with the goals, objectives, and policies of the Comprehensive Plan; can be operated in a manner that is not detrimental to the permitted developments and uses in the district; can be developed and operated in a manner that is visually compatible with the permitted uses in the surrounding area; and are deemed essential or desirable to preserve and promote the public health, safety, and general welfare of the City.

1. Staff review. Upon receipt of a completed application, either for a site-specific conditional use request, or one submitted in conjunction with a proposed planned development submitted in conjunction with the provisions of Article III, § 26-10 (Planned development), or a change of zoning request in conjunction with the provisions of Article III, § 26-9 (Zoning Map and text amendments), the Director of Public Services shall institute an administrative review of the application supporting documents by all affected City departments in compliance with § 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.
2. Planning Commission review. The Commission shall consider an application at a public hearing, subject to the requirements in § 26-8F, not later than the second regular monthly meeting of the Commission after all required documents are filed. Notice of the public hearing shall be in compliance with § 26-8E. The Commission shall recommend approval with specified conditions or denial of the application and shall file its report and recommendation with the Board of Aldermen.

1. A hearing on an application for a conditional use permit shall be commenced by the City Administrator, or his/her designee, filing a writing describing the application, the relief sought, and the reasons for granting such relief. The applicant, or any intervening party, may file responsive writings or motions.
2. The City Clerk shall mail notice of the hearing to the applicant, to all property owners within the City limits whose property lies within 300 feet of that which has been requested for a conditional use permit, and additional necessary parties, if any as determined by the City Clerk, and shall keep a record of all parties receiving notice. The notice shall consist of the caption and number of the case, shall state that an application for a conditional use permit has been filed, the date of filing, a brief statement of the matter, and the date of the hearing on such application.
3. Discovery shall be permitted to the extent provided by Section 536.063, RSMo., et seq., and reasonable time shall be provided for the parties to conduct discovery. Subpoenas may be issued in the manner provided by Section 536.077, RSMo.
4. At the hearing, the rules of evidence described in Section 536.070, RSMo., shall apply. Evidence shall be taken only on oath or affirmation, and all proceedings shall be recorded electronically or transcribed. A copy of the transcript of such a proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
5. The City Administrator, or his/her designee, shall present evidence to the Board of Aldermen on behalf of the City regarding the application. The applicant and any intervening party may be represented by counsel, if desired. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not the subject of the direct examination, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence against him or her. Affidavits may be submitted in the manner provided by Section 536.070, RSMo. The Mayor shall serve as presiding officer at all hearings and shall make any ruling required during the course of such hearing, but shall not vote except in case of a tie.
6. After the hearing, the Board of Aldermen shall render a decision and direct the City Attorney to prepare a written order which shall be accompanied by findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the Board of Aldermen bases its order. Immediately upon deciding upon an application, the City Clerk shall give written notice of the decision of the Board of Aldermen by delivering or mailing such notice to each party, or his attorney of record, and shall, upon request, furnish him with a copy of the decision, order, and findings of fact and conclusions of law.
7. With the exception of the requirements that the hearing be recorded or transcribed, and for the issuance of findings of fact and conclusions of law, the City, the applicant, and intervening parties, if any, may waive any or all procedural formalities set forth above in this subsection by mutual consent.
8. Any person who is aggrieved by a final decision regarding an application for a conditional use permit shall be entitled to judicial review thereof, as provided in Sections 536.100 to 536.140, RSMo.

1. Substantially increase traffic hazards or congestion.
2. Adversely affect the visual coherence, predominant usage, or development character of surrounding or adjacent neighborhoods.
3. Substantially increase fire, health, or any other public safety hazards, or make difficult access by fire and emergency vehicles.
4. Adversely affect the general welfare of the community.
5. Overtax public utilities, services, or other municipal facilities.
6. Be developed and operated in a manner that is physically and/or visually incompatible with the permitted uses in the surrounding areas.
7. Substantially increase stormwater drainage onto other lots.
8. Create a nuisance.

1. When effective. The permit shall become effective upon approval by the Board of Aldermen. In the event that a conditional use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change. In the event that some additional approval is required by some other governmental authority or agency, the permit shall not become effective until that approval is received.
2. Time limit of conditional use permits. Conditional use permits shall be valid for an unlimited period, unless a lesser period shall be provided in a particular permit. Prior to the expiration of the time limit specified in a particular permit, the property owner may request that the conditional use permit be reviewed by the Board of Aldermen, which may extend it for an unlimited period or for a specified additional period of years. If a use permitted by a conditional use permit ceases for a period of six months, such conditional use permit shall expire, unless a different period is specified in a particular permit.
3. Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular conditional use permit, substantial work, construction, or operation of the conditional use where construction is not required, shall commence within six months of the effective date of the permit unless such time period is extended through appeal to and approval by the Board of Aldermen. If no appeal is made, or no extension of time is received or granted, the permit shall immediately terminate upon expiration of the six-month period.
4. Revocation of conditional use permit. Upon a finding that an approved conditional use permit will or has become unsuitable and/or incompatible in its location as a result of any nuisance or activity generated by the use, the Board of Aldermen shall have the authority to revoke the permit after affording the holder of the permit the right to be heard.
5. Transferability. All conditional use permits shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant, or be transferred to any other person, unless an amendment to such conditional use permit is approved of the Board of Aldermen as set forth in § 26-11H6, below. Notwithstanding the foregoing, in instances in which the originating applicant has made substantial investments in reliance upon the conditional use permit, the City Planner may approve transfer of a permit if the transferee agrees in writing on a form to be provided to the City to be bound by all terms of the original permit.
6. Procedure to amend approved conditional use permit. In order to amend an existing conditional use permit, the application procedures, required materials, and approval process shall be the same as for a new permit.
7. Reapplication. In the event that a conditional use permit is denied by the Board of Aldermen, a reapplication for the purpose of review of the same request on the same property, or part thereof, shall not be accepted by the City until six months following the date of final action on the original application, unless it can be shown to the satisfaction of the Planning Commission that substantial new evidence, not available during review of the original application, will be presented.

1. It is recognized by this chapter that there is a value to the public in establishing safe and convenient traffic movement to higher-density sites, both within the site and in relation to access streets; there is value in encouraging a harmonious relationship of buildings and uses, both within a site and in relation to adjacent uses; further, there are benefits to the public in conserving natural resources. Toward these ends, this section requires site plan review and approval by the Planning Commission for certain buildings and structures that can be expected to have a significant impact on natural resources, traffic patterns, adjacent land usage, and the character of future urban development.
2. The site plan is intended to demonstrate character and objectives of the proposed development in adequate detail for the Planning Commission to evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the property.

1. All permitted and conditional uses as described in Article IV, § 26-14 (Zoning districts established), and as provided for in Article IV, § 26-15 (Districts and uses), designated "C-1," and "M-1."
2. All types of planned development districts provided for in Article III, § 26-10 (Planned development), and permitted and conditional uses as described in Article IV, § 26-14 (Zoning districts established), and as provided for in Article IV, § 26-15 (Districts and uses). Site plan review for planned development districts shall be conducted in accordance with the process, requirements, and provisions specified in Article III, § 26-10.
3. An application for site plan approval may be filed by an eligible applicant as defined in § 26-8A3a and payment of the filing fee as required by § 26-8A2.

1. The site plan shall be of a scale not to be greater than one inch equals 20 feet nor less than one inch equals 200 feet, and of such accuracy that the plan can be readily interpreted, and shall include more than one drawing or specific details where required for clarity.
2. The property shall be identified by lot lines and location, including dimensions, angles, and size, correlated with the legal description of the property. The site plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer, or land surveyor or landscape architect. It shall also include the name and address of the property owner(s), developer(s), and designer(s).
3. It shall show the scale, North point, boundary dimensions, natural features, such as wooded areas, streams, lakes, and storm drains, existing man-made features, such as buildings, structures, easements, high-tension towers, pipelines, excavations, bridges and culverts, and shall identify adjacent properties within 300 feet, their respective zoning, and their existing uses.
4. It shall show the existing topography and finished grade-line elevations at two-foot contour intervals as well as the proposed finished floor elevation for all structures.
5. It shall show the dimensions of the proposed main and accessory buildings, their relation to each other and to any existing structures to remain on the site, the height of all buildings and structures and the distance from all proposed buildings and structures to the nearest adjacent property line.
6. It shall show the existing and proposed streets, driveways, sidewalks and other vehicular and pedestrian circulation features within and adjacent to the site; also the location, size and number of parking spaces in the off-street parking areas and the identification of service lands, service parking, and loading zones in conformance with the requirements set forth in Article VI (Access and Parking) of this chapter.
7. It shall show the location and size of all existing utilities (public and private) serving the property as well as the location and size of all proposed utilities to serve the property. All necessary utilities (public and private) will be available, functioning, and usable at the time any stage of the project or the total project is ready for occupancy.
8. A landscape plan which meets the standards and requirements of Article V (Site and Landscape Design Standards), § 26-20 (Scope; purpose; applicability; conflicts; definitions), and § 26-21 (Landscape design standards), of this chapter shall be included as a part of the site plan submitted.
9. It shall show architectural elevations of all proposed buildings and structures, identifying all materials proposed.
10. A lighting plan which meets the standards and requirements of Article V (Site and Landscape Design Standards), § 26-23 (Site lighting), shall be included as part of the site plan submitted.
11. The location, type, and nature of screening proposed for all trash collection areas.
12. Any other information deemed necessary by the Commission.
13. All plans, architectural drawings, renderings or other materials or visual aids either submitted with the application or presented thereafter shall become the property of the City and part of the permanent record of any approval.
14. Proposed sign types and locations.
15. Building setback lines.
16. Signature blocks.
17. Additional materials as requested by staff, including but not limited to, floor plans.

1. Staff review. The site plan shall be submitted with the application for site plan approval to the Director of Public Services who shall institute an administrative review of the application supporting documents by all affected City departments in compliance with § 26-8D. The results of this review shall be reported to the Planning Commission for its consideration.
2. Upon receiving the site plan application and associated documents, the Planning Commission shall review same at its next regularly scheduled meeting. Written notice of the review shall be completed in conformance with § 26-8E.3.

1. The conservation of natural resources on the property proposed for development, including: trees and other living vegetation, steep slopes, watercourses, floodplains, soils, air quality, scenic views and historic sites.
2. The provision of safe and efficient vehicular and pedestrian transportation, both within the development, and the community.
3. The provision of sufficient open space to meet the needs of the proposed development.
4. The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.
5. The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping) and the land use within the existing area and projected future development of the area.
6. The existence and/or provision of adequate community facilities to serve the proposed development (i.e. water, sewerage, schools, streets, etc.).
7. Conformance of the site plan with the Comprehensive Plan and any other applicable requirements of this chapter.

1. Substantially increase traffic hazards or congestion;
2. Adversely affect the character of surrounding commercial uses or adjacent residential uses or of the neighborhood;
3. Substantially increase fire hazards or make difficult access by fire and emergency vehicles;
4. Adversely affect the general welfare of the community; and
5. Overtax public utilities.

1. Altering a building standard, such as the height, setback, or area, by 5% or less.
2. Reducing a site design standard, such as a landscape requirement, parking requirement, or open space dimension, by 10% or less.
3. Deviating from a design standard by proposing an alternative design that equally or better meets the intent of the design standard or any performance criteria associated with the standard.

1. The site plan approval shall expire and be of no effect 180 days after the date of approval thereof, unless, within such time, a building permit for any proposed work authorized under the site plan approval has been issued. The site plan approval shall expire and be of no effect 365 days after the date of its issuance, if construction has not begun and been pursued diligently on the property. Upon recommendation and report of the Director of Public Services, the Planning Commission may grant an extension for up to one additional year and shall report any such extension to the Board of Aldermen.
2. The filing of a site plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns, that if the site plan is approved by the Board of Aldermen, and permits issued for the improvement of such property that all activities subsequent thereto shall be in conformance with the approved site plan for the property in question. The approved site plan shall have the full force and effect of the Zoning Ordinance. Any violations shall be grounds for the Director of Public Services to issue stop-work orders, withhold further permits, and take all actions necessary for the enforcement of the approved site plan.
3. Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved site plan, legal description of the property, out-boundary survey, and all other plan sheets, along with any subsequent amendments, with the County Recorder of Deeds.

1. The minor site plan process ensures that routine development projects meet the development and design standards of this chapter and all other standards applicable to the property, but requires a less extensive review and approval process. An application for a minor site plan may be filed by an eligible applicant as defined in § 26-8A.3.a and payment of the filing fee as required by § 26-8A.2, and submission of a site plan meeting the requirements of § 26-12 (Major site plan and design review), Subsection C (Required data), of this article as may be applicable. The minor site plan process does not apply to detached houses or duplexes, but applies to all other buildings and sites, unless the proposal is subject to review under § 26-12.

a. Structural alterations to an existing building that do not change the footprint.
b. Any expansion of an existing building footprint that is 15% or less.
c. Any site development component, building footprint increase, or change of use which expands the existing impervious surface 25% or less.
d. Any change of permitted use which does not present a significant change in the ability to comply with access and parking requirements of this chapter and does not significantly impact traffic conditions near the site.
e. Significant exterior design alterations to an existing building that do not change the footprint, but may include things such as refacing or changing exterior materials, altering the composition of the facade by changing patterns of windows and doors, and/or changing architectural details and ornamentation.

2. The Director of Public Services may determine that any application meeting these eligibility criteria represents a significant change or potential impact on the area, or presents substantial interpretation questions on the application of development standards, and is not eligible for the minor site plan process. The Director of Public Services may determine that such applications must be reviewed through the full site plan and design review process.

1. In general, any site plan in compliance with all requirements of this Code shall be approved.
2.  The Director of Public Services shall review the application as provided by § 26-8D and shall make a recommendation regarding the application to the Planning Commission, which shall approve or deny the application. In making a determination of compliance, or for site plans accompanying any discretionary review or administrative relief, the Director of Public Services and the Planning Commission shall consider whether:

a.  The site is capable of accommodating the buildings, proposed use, access and other site design elements required by this Code and will not negatively impact the function and design of rights-of-way or adjacent property.
b.  The design and arrangement of buildings and open spaces is consistent with good planning, landscape design, and site engineering principles and practices.
c.  The architecture and building design uses quality materials and the style is appropriate for the context considering the proportion, massing, and scale of different elements of the building.
d.  The overall design is compatible to the context considering the location and relationships of other buildings, open spaces, natural features, or site design elements.
e.  Whether any additional site-specific conditions are necessary to meet the intent of the zoning district or the intent and design objectives of any of the applicable development standards.
f.  The findings of § 26-12 (Major site plan and design review), Subsection G (Findings and approval), of this article can be made.

3.  The application meets the criteria for all other reviews needed to build the project as proposed. The Planning Commission shall review the application and take action as set forth in § 26-8G.

1.  Approval of a minor site plan shall authorize the applicant to apply for a building permit, and other applicable permits. An approved minor site plan shall expire and be of no further effect if an application for a building permit for one or more buildings shown on the site plan is not filed within one year of the approval. The Director of Public Services may grant an extension for up to one additional year.
2.  Prior to the issuance of any building permit, or permit authorizing the use of the property in question, the property owner shall record a copy of the approved site plan, legal description of the property, out-boundary survey, and all other plan sheets, along with any subsequent amendments, with the County Recorder of Deeds.

1. Subject to the application and review process for the preliminary development plan as previously specified in Subsection E, above, the approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations and such additional requirements as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such exceptions are consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; and further, that no modification of the above-referenced regulations shall be allowed when such proposed modification would result in:

a. Inadequate or unsafe access to the planned development.
b. Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.
c. An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.
d. A development which will be incompatible with the purposes of this article and this section.
e. Detrimental impact on surrounding area, including, but not limited to visual pollution.

2. The burden of proof that the criteria above are not being violated shall rest with the developer and not City staff or the Planning Commission.

1. General factors for evaluation. The City staff and Planning Commission evaluation process will consider the basis for designation of a planned development zoning on one or more of the following factors:

a. Complexity of the project.
b. Relationship of the site to its surroundings.
c. Challenges presented by site conditions (topography, property configuration, preservation or protection of environmental elements, etc.).
d. Ability of the development plan to meet or exceed the purpose, intent and objectives of this Code through more flexible application of the standards.

2. Intention. In addition, the planned development process is intended to:

a. Encourage more imaginative and innovative site and building design.
b. Promote a more desirable community environment.
c. Allow the City to retain maximum control over the use, the appearance of site and building features, and future operation of the development.

1. Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
2. Diversification in the uses permitted and variation in the relationship of uses, structures, open space, and height of structures in developments intended as cohesive, unified projects.
3. Functional and beneficial uses of open space areas.
4. Preservation of natural features of a development site.
5. Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
6. Rational and economic development in relation to public services.
7. Efficient and effective traffic circulation, both within and adjacent to the development site.

1. Planned Development-Residential (PD-R): planned developments involving residential uses only.
2. Planned Development-Commercial (PD-C): planned developments involving commercial uses only.
3. Planned Development-Manufacturing (PD-M): planned developments involving manufacturing uses only.
4. Planned Development-Mixed Use (PD-MXD): planned developments involving a mixture of residential and nonresidential uses.

1. No approval of a final development plan shall be valid for a period longer than 12 months from the date of approval unless within such period a building permit is obtained and construction is commenced.
2. The Board of Aldermen may grant extensions not exceeding six months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the Board of Aldermen has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms, and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this section, whereby it shall be considered an entirely new application.
3. Should a request for extension of an approved final development plan contain substantial changes, as determined by the Director of Public Services, the Director of Public Services shall require the applicant to refile his application subject to the requirements of this section as if it were an entirely new application.

1. Preliminary development plan process. A preliminary development plan is a generalized development plan for the entire area proposed to be included within a planned development. The purpose of a preliminary development plan is to allow preliminary review of a proposed planned development before substantial technical work has been undertaken. A preliminary development plan shall include a minimum of 2.5 acres. However, as part of the review and approval process for the preliminary development plan, this minimum site size may be waived by the Board of Aldermen upon recommendation by the Planning Commission if the parcel in question has certain unique characteristics, such as, but not limited to, significant topographic change, significant trees or wooded areas, wetlands, floodplain areas, soil conditions, utility easements, or unusual shape or proportions; or, if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Board of Aldermen should determine such waiver to be in the general public interest. Additions to previously approved preliminary development plans may be considered an amendment to that plan and do not require a minimum size.

a. Preapplication procedure. Preliminary development plan applications are subject to the requirements of § 26-8C. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development, and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule such a conference.
b. Application and submission requirements. In addition to the requirements of § 26-8A, applications shall be made in a form acceptable by the City Clerk.

(1) Forms. The application shall be signed by the applicant and shall state name and address. An application for a Planned Development District may be filed in the office of the City Clerk, for consideration by the Planning Commission and the Board of Aldermen. Such application may be filed any entity listed in § 26-8A.3. An application together with a complete preliminary development plan, including information outlined below, shall be considered not later than the second regular monthly meeting of the Planning Commission after all required documents are filed.
(2) Fee. Fees shall be applied according to § 26-8A.2.
(3) Preliminary development plan. A preliminary development plan shall be submitted with the application for a planned development. The preliminary development plan shall contain the information as set forth below. The scale of the drawing or drawings indicating the information required below shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than one inch equals 50 feet. The applicant may be required to provide, at the applicant's expense, additional clarification and/or further detail of the site plan, as deemed necessary by the Planning Commission. All drawings shall indicate a project name, the names of adjoining streets, the applicant's name, a scale, a North arrow, the date drawn, and title of submission. The plan shall provide the following information and data:

(a) Site and landscape plan. One or a series of maps shall be submitted indicating:

(i) An out-boundary survey plat and legal description of the property.
(ii) The location, size, and height of all existing and proposed structures on the site.
(iii) The location and general design (dimensions and materials) of all driveways, curb cuts, and sidewalks, including connections to building entrances.
(iv) The location, area, and number of proposed parking spaces.
(v) Existing and proposed grades at an interval of two feet or less, extended beyond the project site to include adjacent properties and structures.
(vi) The location and general type of all existing trees over six-inch caliper and, in addition, an indication of those to be preserved.
(vii) The proposed general use and development of internal spaces, including all recreational and open space areas, plazas, and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, etc.).
(viii) A landscaping plan meeting the standards and requirements of Article V: Site and Landscape Design Standards.
(ix) The location and details of all retaining walls, fences (including privacy fences, etc.), and earth berms.
(x) The description and location of all refuse collection facilities, including screening to be provided.
(xi) Provisions for both on- and off-site stormwater drainage and detention related to the proposed development.
(xii) Proposed sign locations.

(b) Site and building sections. Schematic or illustrative sections shall be drawn to a scale of one inch equals eight feet or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and site line relations to adjacent structures.
(c) Typical elevations. Typical elevations of proposed buildings shall be drawn to a scale of one inch equals eight feet or larger or at a reasonable scale.
(d) Project data.

(i) Site area (square feet and acres).
(ii) Allocation of site area by building coverage, parking, loading and driveways, and open space areas, including total open space, recreation area, landscaped areas, and others.
(iii) Total dwelling units and floor area distributed by general type (one-bedroom, two-bedroom, etc.), and total floor area ratio and residential density distribution.
(iv) Floor area in nonresidential use by category and total floor area ratio.
(v) Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
(vi) Base zoning district.

(e) Signature blocks.
(f) Project report. A brief project report shall be provided to include an explanation of the character of the proposed development, any modifications requested to the base zoning district along with reasoning for the request, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Planning Commission and/or Board of Aldermen, analyses by qualified technical personnel or consultants may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development.
(g) Phased development. If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule indicating:

(i) The approximate dates when construction of the phases can be expected to begin and end.
(ii) The order in which the phases of the project will be built.
(iii) The minimum area and the approximate location of common open space and public improvements that will be required at each stage.
(iv) If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units, or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to ensure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided.
(v) Placement of all temporary structures utilized during construction, i.e., construction offices, siltation control devices, etc.

(1) Staff review. Preliminary development plans will be reviewed in accordance with § 26-8D. The Director of Public Services shall coordinate a review of the application by appropriate City departments. Once the review is complete, notice of a public hearing will be provided in accordance with § 26-8E.
(2) Planning Commission review. After consideration of the application and staff report, the Planning Commission shall hold a public hearing in accordance with § 26-8F. The Planning Commission shall make a report to the Board of Aldermen considering the criteria of § 26-10C (Objectives and standards for approval) of this article and considering the impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety, and welfare of the City. The findings and recommendation of the Planning Commission shall be transmitted to the Board of Aldermen. If the Planning Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Planning Commission with respect to the preliminary development plan.

d. Protest petition. If a written protest against a proposed Zoning Map or text change duly signed, notarized, and acknowledged by the owners of more than 30% or more of the areas of the land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district or area proposed to be changed or to be affected by a text change is filed in the office of the City Clerk within 15 days of the date of the conclusion of the Board of Aldermen public hearing, such revision or amendment shall not become effective except by the favorable vote of two-thirds of all of the members of the Board of Aldermen.
e. Board of Aldermen review and action.

(1) Before acting upon any application for a planned development, the Board of Aldermen shall publish in a newspaper of general circulation within the City notice of the meeting at least 15 days, but not more than 30 days. The Board of Aldermen may refer the application back to the Planning Commission for additional study before making its final decision. No additional public notice is required to be given. The Board may take any action outlined in § 26-8G. Planned developments shall require a majority vote by the Board of Aldermen.
(2) If the preliminary development plan is approved by the Board of Aldermen, it shall adopt a resolution approving the preliminary development plan with conditions as specified therein and authorizing the preparation of the final development plan. Simultaneously, with approval of the preliminary plan, the Board of Aldermen shall adopt an ordinance rezoning the site. Such ordinance shall become effective upon approval of the final development plan.

2. Final development plan. Within nine months following approval of the preliminary development plan, but at least 30 days before the next regularly scheduled meeting of the Planning Commission, the petitioner shall submit a final development plan to the Planning Commission for its review and consideration to determine if the final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one phase, or a phase of the planned development if it consists of more than one phase. In the event that any proposed final development plan is submitted more than nine months after approval of the preliminary development plan, the matter shall be referred to the Board of Aldermen for reconsideration of the preliminary development plan approval.

(1) Site and landscape plan. One or a series of maps shall be submitted indicating:

(a) All matters shown on the preliminary development plan.
(b) The existing and proposed contours.
(c) A landscaping plan meeting the standards and requirements of Article V: Site and Landscape Design Standards.
(d) Nature of use, including conditional uses permitted.
(e) All structures, present and future, specifying location, size, and architectural elevation, none of which may deviate substantially from the approved preliminary development plan.
(f) Sidewalks.
(g) Parking spaces, including underground parking and traffic aisles.
(h) Method of disposal of trash and garbage.
(i) Ingress and egress facilities.
(j) Parking facilities for visitors.
(k) Plan for the provision of water and sanitary and stormwater drainage facilities.
(l) All easements and dedications.
(m) Proposed locations of any signs and their type.
(n) A lighting plan meeting the standards and requirements of § 26-23 (Site lighting) of this chapter.
(o) All other information which the Planning Commission and the Board of Aldermen may designate.

(1) An application in compliance with § 26-8A.1 and § 26-8A.2 by an applicant qualified under § 26-8A.3.a, along with a complete final development plan, conforming to the requirements of § 26-10E.2 of this article, shall be considered at the first regularly scheduled Planning Commission meeting, but no sooner than 30 days from the filing of the completed application.
(2) Staff review. The final development plan shall be reviewed in accordance with § 26-8D. The Director of Public Services shall also coordinate a review of the application by appropriate City departments. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved by staff.
(3) Following approval of the final development plan, it shall be recorded at the applicant's expense with the St. Louis County Recorder of Deeds, and a reproducible Mylar of such recorded plan furnished to the Director of Public Services. Any bonds, escrows, or letters of credit required to insure completion of required improvements or open space indicated on the final development plan shall be filed with the City prior to the issuance of any building permits.

c. Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in § 26-8H. Appeal of Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in § 26-8H.

1. Forms. The application shall be signed by the applicant and shall state name and address, as well as:

a. Text amendments. An application for an amendment to Articles I through VIII and Article XII of this chapter shall set forth the new text to be added and existing text to the deleted.
b. Rezoning. An application for a Zoning Map change shall include:

(1) A legal description of the property.
(2) A scaled map of the property, correlated with the legal description, and clearly showing the property's location.
(3) The name, address, and phone number of the petitioner.
(4) The petitioner's interest in the property, and if the petitioner is not the owner, the name, address, and phone number of the owner(s).
(5) Date of filing with City Clerk.
(6) Signature(s) of petitioner(s) and owner(s) certifying the accuracy of the required information.
(7) The present and proposed zoning.

2. Fee. Fees shall be applied according to § 26-8A.2.
3. Applicants.

a. Text amendments. An application for an amendment to the written text of Articles I through VIII and Article XII of this chapter may be filed by any person in the office of the City Clerk for consideration by the Planning Commission and the Board of Aldermen.
b. Zoning Map amendments (rezoning). An application for a change in the zoning district designation as described by the official Zoning Map may be filed in the office of the City Clerk, for consideration by the Planning Commission and the Board of Aldermen. Such application may be filed by any entity listed in § 26-8A.3 or by the Mayor, or the Director of Public Services, or by any other appointed or elected official of the City.

1. Text amendments: according to § 26-8E.1.
2. Zoning Map amendments (rezoning): according to § 26-8E.

1. Planning Commission. Each application shall be presented to the Planning Commission for its report and recommendations. The Planning Commission shall consider an application not later than the second regular monthly meeting of the Planning Commission after all required documents are filed The Planning Commission shall hold a hearing in compliance with § 26-8F. The Planning Commission shall recommend approval, conditional approval, or denial of the application and shall file its report and recommendation with the Board of Aldermen.

a. The Planning Commission may recommend that a petition for a change of zoning district classification be approved or denied for all or part of the property described in the petition. The Board of Aldermen may enact, by ordinance, such a partial granting of a petition for a change in zoning district classification.
b. The Planning Commission may recommend and the Board of Aldermen may enact, by ordinance, a zoning district classification other than that requested in the petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested by the petitioner. District classification of the same type as referred to in this section shall include the PD Planned District when a petitioner proposes a particular use and presents plans at or prior to the public hearing which are substantially similar to those required by the PD rezoning procedures respectively.

2. Review criteria. A Zoning Map or text amendment shall be reviewed by the Planning Commission and the Board of Aldermen, and consideration shall be given to the following criteria:

a. The application is consistent with the Comprehensive Plan and any official plan or program developed under the guidance of the Comprehensive Plan, and in particular the relationship of land uses within the proposed district and the relationship with uses existing or anticipated in surrounding districts.
b. The character of the neighborhood, including the design of streets, civic spaces, and other open spaces; the scale, pattern, and design of buildings; the zoning of property and compatibility of potential future uses; and the operation and uses of land and buildings.
c. The application furthers the intent of the proposed zoning district and supports that of any abutting zoning districts, and in particular the building form, site design, and other development patterns and urban design aspects of the proposed project in furthering the intent.
d. Compliance of any proposed development with the requirements of the Development Code, and the intent or design objectives associated with any specific standards as established by this chapter.
e. The ability of the City or other government agencies to provide any services, facilities, or programs that might be required if the application were approved.
f. The effect of approval on the condition or value of property in the City or in the vicinity, including the likelihood of surrounding areas to be developed in accordance with the Comprehensive Plan.
g. The consistency of the application with other adopted policies of the City, including any other relevant implications of the change beyond any specific proposed project.
h. The recommendations of the Director of Public Services, the City Planner, other City professional staff, or other technical reviews associated with the application.

1. Approve the application.
2. Approve the application with conditions or modifications.
3. Deny the application.
4. Continue the application to allow further analysis. The continued application shall not be more than 60 days from the original review without consent of the applicant. No application shall be continued more than once by each review body without consent of the applicant.

1. Appeals shall be filed with the Director of Public Services within 15 days of the decision by the decisionmaking review body.
2. The following persons and entities shall have standing to appeal the action of the review body:

a. The applicant;
b. The Director of Public Services, on behalf of any public official, department or agency;
c. Any owner of land that is the subject of the action or proposed action; and
d. Any person given the right of appeal by law.

3. The review body designated as the appellate body shall consider the application as a new matter, and within 60 days of the date that the appeal was filed may take any action authorized by the decisionmaking review body. The procedure and required notice shall be the same as required of the original application.

1. Dates of regular meetings of review bodies and decisionmakers that comply with all legal requirements for notice and public meeting deadlines;
2. Deadlines for receipt of a complete application for consideration at a particular meeting;
3. The scheduling of staff reviews, agency reviews, and staff reports on complete applications; and
4. The steps and benchmarks in the application process (including required notice requirements, public meetings, public hearings, decision meetings and review by other bodies).

a. Owner. The record owner of property impacted by the application, that owner's authorized agent, or owner under contract. In the case of an application requiring a public hearing, and for the purposes of the right to appeal or protest, all those receiving mailed notice shall be considered owners impacted by the application.
b. Planning Commission. The Planning Commission, acting on its own initiative according to its bylaws and rules of procedure.
c. Board of Aldermen. The Board of Aldermen acting on its own initiative according to its bylaws and rules of procedure.

1. Published. Where published notice is required, at least 15 days, but not more than 30 days prior to the public review, notice shall be published in a newspaper in general circulation in the City.
2. Posted. Where posted notice is required, the City shall post notice on property that is the subject of the application within public view at least 15 days before the scheduled review. The City will furnish the sign(s) for posting.
3. Mailed. Where mailed notice is required, the applicant shall provide names and addresses of all owners of record within 300 feet of the boundaries of the property. At the expense of the applicant, the Director of Public Services shall mail notice of the time, place and nature of the hearing by mail at least 15 days prior to the public review. When mailed notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action.

a. Classification of the application.
b. Procedure and submittal requirements for the application.
c. Criteria for processing and decisions on the application.
d. Notification requirements, timing and other procedural prerequisites, or whether any special community outreach may be important.
e. Planning and infrastructure impacts, including the need for any additional technical studies or outside agency coordination and review.
f. The relationship to the Comprehensive Plan, and whether any specific plans, policies or other design, development or economic development initiatives impact the application.
g. Zoning requirements for the property in question and adjacent property.
h. Opportunities to improve any preliminary design concepts and better relate project benefits or mitigate impacts to other public or private investments in the area.

1. The hearing shall be conducted and a record of the proceedings shall be preserved, as the specific review body may prescribe by rule.
2. Any interested person or party may appear and be heard in person, by agent, or by attorney.
3. The review body may request a report on the application from any government official or agency, or any other person, firm or corporation with information pertinent to the application. A copy of any requested report shall be made available to the applicant and interested parties, and shall be available for review in the office of the City Planner.
4. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the continuance is set for a specific date, time and location announced at the original public hearing.

1. Notification of incomplete application. If the Director of Public Services determines that an application is incomplete within, the Director of Public Services shall notify the applicant of the specific ways in which the application is deficient within 15 days of submittal, and no further processing of the application shall occur until the deficiencies are corrected. If the application is not completed within 30 days of the notice, the incomplete application is deemed rejected.
2. Scheduling.

a. The Director of Public Services shall schedule complete applications for further review according to these regulations.

(1) Applications that require a public hearing shall be scheduled for initial review within 60 days of a determination of a complete application.
(2) Applications that do not require a hearing but an official public meeting shall be scheduled for review within 30 days of a determination of a complete application or the recommendation from another required review body.

b. In the event that the next regular meeting of the review body is beyond these time periods, or the required notice cannot be given within these time periods, the application shall be scheduled for the closest available meeting.

3. Staff report. The Director of Public Services shall prepare a staff report in light of the appropriate policies, plans and regulations. The Director of Public Services shall provide a copy of the report to the review body and to the applicant before the scheduled meeting.

1. The owner or general agent of a building or premises where a violation of any provision of the regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $10 and not more than $100 for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than $100 nor more than $250 for each and every day that such violation shall continue or by imprisonment for 10 days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
2. Any such person who, having been served with an order to remove any such violation, shall fail to comply with the order within 10 days after such service or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order shall also be subject to a civil penalty of $250.
3. In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this chapter.

1.  The danger to life and property due to flood damage;
2.  The danger that materials may be swept onto other lands to the injury of others;
3.  The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.  The importance of the services provided by the proposed facility to the community;
5.  The necessity to the facility of a waterfront location, where applicable;
6.  The availability of alternative locations not subject to flood damage for the proposed use;
7.  The compatibility of the proposed use with existing and anticipated development;
8.  The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
9.  The safety of access to the property in times of flood for ordinary and emergency vehicles;
10.  The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11.  The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems; streets; and bridges.

1.  Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that Subsections E2 through 6 of this section, below, have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
2.  Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination provided that the proposed activity will not preclude the structure's continued historic designation.
3.  Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4.  Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5.  Variances shall only be issued upon:

a.  A showing of good and sufficient cause;
b.  A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c.  A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

6.  An applicant shall be notified in writing over the signature of a community official that 1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.

1.  Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Subsections D and E of this section.
2.  In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.

a.  Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
b.  For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with § 26-52 (Provisions for flood hazard reduction), Subsection A4b (General standards), of this article.
c.  The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure in accordance with § 26-52A4a of this article. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
d.  Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or floodproofed so that it is contained within a watertight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with § 26-52 (Provisions for flood hazard reduction), Subsection A4d (General standards), of this article.
e.  The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls subject to the 100-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with § 26-52B3 of this article.
f.  The accessory structures must comply with the floodplain management floodway encroachment provisions of Subsection 26-52 (Provisions for flood hazard management), Subsection D2 (Floodway). No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.
g.  Equipment, machinery, or other contents must be protected from any flood damage.
h.  No disaster relief assistance under any program administered by any federal agency shall be paid for any repair or restoration costs of the accessory structures.
i.  An applicant shall be notified in writing over the signature of a community official that 1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and 2) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this article.
j.  Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.

1.  No permit for floodplain development shall be granted for new construction, substantial improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones, unless the conditions of this section are satisfied.
2.  All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this chapter. If flood insurance study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources.
3.  Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
4.  All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes, and other developments shall require:

a.  Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.  Construction with materials resistant to flood damage;
c.  Utilization of methods and practices that minimize flood damages;
d.  All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e.  New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f.  Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:

(1)  All such proposals are consistent with the need to minimize flood damage;
(2)  All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3)  Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4)  All proposals for development, including proposals for manufactured home parks and subdivisions, of five acres or 50 lots, whichever is lesser, include within such proposals base flood elevation data.

5.  Storage, material, and equipment.

a.  The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b.  Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation, or if readily removable from the area within the time available after a flood warning.

6.  Accessory structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value, and not larger than 400 square feet, may be constructed at-grade and wet-floodproofed, provided that there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this article; and a floodplain development permit has been issued.

1.  Residential construction. New construction or substantial improvement of any residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one foot above base flood elevation.
2.  Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or other nonresidential structures, including manufactured homes, shall have the lowest floor, including basement, elevated to one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in § 26-51 (Administration), Subsection C9 (Duties and responsibilities of Floodplain Administrator).
3.  Require for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

a.  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; and
b.  The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

1.  All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones, on the community's FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2.  Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the community's FIRM be on sites:

a.  Outside of manufactured home park or subdivision;
b.  In a new manufactured home park or subdivision;
c.  In an expansion to and existing manufactured home park or subdivision; or
d.  In an existing manufactured home park or subdivision in which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

3.  Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the community's FIRM that are not subject to the provisions of Subsection C2, above, of this article, be elevated so that either:

a.  The lowest floor of the manufactured home is at one foot above the base flood level; or
b.  The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

1.  The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.
2.  The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3.  If Subsection D2, above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 26-52.
4.  In unnumbered A Zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from federal, state, or other sources as set forth in Subsection A2 of this section.

1.  Be on the site for fewer than 180 consecutive days;
2.  Be fully licensed and ready for highway use (A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.); or
3.  Meet the permitting, elevation, and the anchoring requirements for manufactured homes of this chapter.

1.  If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this article.
2.  If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this article. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
3.  A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed 50% of the structure's current market value. If the cumulative value of the improvement does exceed 50% of the structure's current market value, the structure must be brought into compliance with § 26-49 (General provisions), Subsection C (Compliance), which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of nonresidential structures to or above the base flood elevation.

1.  All such facilities shall be elevated above the elevation of the 500-year flood or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in § 26-51 (Administration), Subsection C9 (Duties and responsibilities of Floodplain Administrator).
2.  All critical facilities shall have access routes which are above the elevation of the 500-year flood.
3.  No critical facilities shall be constructed in the floodway.

1.  Residential. Section 26-52 (Provisions for flood hazard reduction), Subsection B1 (Specific standards), contains elevation requirement for residential development. The minimum requirement, except where state law has a more stringent requirement, is for elevation to the base flood elevation. It is recommended that communities require at least an additional one foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety.
2.  Nonresidential. Section 26-52 (Provisions for flood hazard reductions), Subsection B2 (Specific standards) contains elevation requirement for nonresidential development. The minimum requirement, except where state law has a more stringent requirement, is for elevation or floodproofing to the base flood elevation. It is recommended that communities require at least an additional one foot of elevation. This will reduce the flood insurance premiums for residents and provide an additional measure of safety. This is especially true when a nonresidential structure is floodproofed. Unless the floodproofed structure is floodproofed to one foot above the base flood elevation, the flood insurance is rated at below base flood elevation.

1.  Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;
2.  Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law;
3.  Review all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4.  Issue floodplain development permits for all approved applications;
5.  Notify adjacent communities and the Missouri State Emergency Management Agency (Mo SEMA) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.  Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
7.  Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
8.  Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved nonresidential structures have been floodproofed; and
9.  When floodproofing techniques are utilized for a particular nonresidential structure, the Director of Public Services shall require certification from a registered professional engineer or architect.

1.  Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
2.  Identify and describe the work to be covered by the floodplain development permit;
3.  Indicate the use or occupancy for which the proposed work is intended;
4.  Indicate the assessed value of the structure and the fair market value of the improvement;
5.  Specify whether development is located in designated flood fringe or floodway;
6.  Identify the existing base flood elevation and the elevation of the proposed development;
7.  Give such other information as reasonably may be required by the Director of Public Services;
8.  Be accompanied by plans and specifications for proposed construction; and
9.  Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

1.  Flood losses resulting from periodic inundation. The special flood hazard areas of the City of Crestwood, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2.  General causes of the flood losses. These flood losses are caused by:

a.  The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and
b.  The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood damages.

3.  Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this article uses a standard engineering method of analyzing flood hazards which consists of a series of interrelated steps.

a.  Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this article is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this article. It is in the general order of a flood which could be expected to have a one-percent chance of occurrence in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials for St. Louis County, dated February 4, 2015, as amended, and any future revisions thereto.
b.  Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c.  Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point.
d.  Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e.  Delineation of flood fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.

1.  Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or that cause undue increases in flood heights or velocities;
2.  Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3.  Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.

1.  Applicability. Prior to the construction of improvements required under this article, an improvement construction permit shall be obtained in accordance with this section.
2.  Issuance. An improvement construction permit may be issued by the Director of Public Services following approval of the improvement plans in accordance with this article.

1.  Shall serve as the administrative officer in charge of carrying out the intent of this article.
2.  May supplement the standards contained in this article with additional engineering design standards, as necessary to accomplish the purposes and intent of this article.
3.  May designate one or more additional members of the Department, as well as members of other City departments who have a particular skill or competence, to act for the Director of Public Services, and the term "Director of Public Services," as used elsewhere in this article, shall be deemed to include such deputies.
4.  May cause the cessation of any construction or reconstruction of any land improvements which are in violation of this article by issuing a stop-work order.
5.  May refer any violation of this article to the City Attorney for prosecution or other appropriate action when deemed necessary.
6.  May adopt such administrative policies as necessary for carrying out administration and enforcement responsibilities.

1.  No property description of any subdivision within the jurisdiction of this article shall be entitled to be recorded in the office of the County Recorder of Deeds or have any validity until it has been approved in a manner prescribed in this article. In the event that any such unapproved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid.
2.  Any person, firm, association, or corporation violating any provision of this article, or any employee, assistant, agent, or any other person participating or taking part in, joining, or aiding in a violation of any provision of this article, may be prosecuted as provided by law for the violation of ordinances of the City.
3.  Any such person who, having been served with an order to remove any such violation, fails to comply with the order within 30 days after such order, or continues to violate any provisions of the regulations made under the authority of this article in the respect named in such order, shall also be subject to a civil penalty of $250.
4.  In addition to the penalties hereinabove authorized and established, the City Attorney may take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of this article.

1.  Application. An application for a preliminary plat shall be made in compliance with Article III (Applications and Procedures), § 26-8 (Common procedures for all applications), Subsection A1, 2 and 3a (Applications and fees).
2.  Information. The final plat shall be drawn at any scale, from one inch equals 20 feet to one inch equals 100 feet, in any increments of 10 feet, on one or more sheets not less than 8 1/2 inches by 14 inches or greater than 36 inches by 42 inches in size, including a North arrow, scale, date, and revision date block. The plat shall contain all the information required in a preliminary plat, but in its final form, subject to the following qualifications and additional information requirements:

a.  All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, and any other areas for public or private use. The error of enclosure of the subdivision boundary survey shall not exceed one foot for each 10,000 feet of perimeter survey. The linear dimensions shall be expressed in feet and decimals of a foot.
b.  Accurate distances and directions to the nearest permanent survey monument from which the survey was made.
c.  Location and description of all survey monuments.
d.  When lots are located on a curve or when side lot lines are at angles (from the street right-of-way) other than 90°, the width of lot at the front building setback line shall be shown.
e.  The location and width of all easements necessary to accommodate utilities serving the proposed subdivision.
f.  Accurate delineation of any property designated for dedication for public use (e.g., streets), or temporary public use (e.g., grading easements).
g.  Names of streets.
h.  Identification system for all lots and blocks.
i.  Area in square feet for each lot or parcel, shown on the plat or on a supplemental sheet.
j.  Zoning district classification, and zoning district boundary line when the subdivision is located in more than one district. If the subdivision is coincident with a planned development district, the ordinance number which created the PD District shall be indicated.
k.  Certification by a state-registered land surveyor, who performed the property survey, to the effect that the plat represents a survey made by the surveyor, and that such survey complies with the Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors and Department of Natural Resources; that the plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision of it; and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.
l.  Form of certificate of approval by the Planning Commission.
m.  Boundary description of the subdivision, including the area of the subdivision to the nearest 100th of an acre.

1.  Submission by applicant. After the approval of improvement plans, the applicant shall submit a completed application, the final plat, and other information required by § 26-43A above to the Director of Public Services.
2.  Staff review. Final plats will be reviewed in accordance with Article III (Applications and Procedures), § 26-8D (Common procedures for all applications).

a.  Completeness of submittal. Upon receipt of final plat and associated documents, the Director of Public Services shall review the documents to determine acceptability for submission. If the Director determines the submittal is complete, then the submittal shall be date stamped.
b.  Distribution. As soon as practical after acceptance of the final plat submittal, the Director of Public Services shall distribute copies of the final plat to the Fire Marshal and other City staff as appropriate.
c.  Staff review. The Director of Public Services shall review the final plat, and solicit comments from other City staff on such plat, to determine compliance with the approved preliminary plat, including any conditions of approval placed on the preliminary plat, and consistency with the approved improvement plans.

3.  Planning Commission review.

a.  The Planning Commission shall review the final plat at the meeting scheduled for review of the final plat. The Planning Commission shall make a determination whether the final plat is in substantial compliance with the approved preliminary plat. The Commission shall recommend to the Board of Aldermen approval or disapproval of the final plat. A vote of disapproval shall be accompanied by reasons for such action in the meeting minutes.
b.  The Planning Commission shall take action on the final plat within 60 days of its consideration of such plat. Otherwise, the final plat shall be deemed as recommended for approval by the Commission, except that the Commission, with the consent of the applicant, may extend this sixty-day period.

4.  Prerequisites to forwarding final plat to Board of Aldermen. Prior to the Director of Public Services forwarding the recommendation of the Planning Commission regarding the final plat to the Board of Aldermen, the applicant shall provide to the Director of Public Services the following documents as they may be applicable:

a.  Certificate of clear title, prepared by a duly authorized title company, stating that the signatures of all persons whose consent is necessary to the preparation and recording of such plat and to the offer of dedication of any streets and/or other public places are shown on the plat.
b.  The subdivision trust indenture and warranty deed for common land conveyance, accompanied by a letter of compliance from an attorney.
c.  Guarantee of installation of water mains from the St. Louis County Water Company, if not to be installed by the developer of the subdivision.
d.  Verification of street names and addresses from the St. Louis County Department of Revenue.
e.  Tax certificate or copy of paid tax bill for the property from the St. Louis County Collector of Revenue.
f.  Verification that the subdivision name is not a duplicate of another subdivision name in the county from the St. Louis County Recorder of Deeds office.
g.  Verification of payment of all inspection fees, where applicable.
h.  Letter from the MSD certifying connection fees have been paid.
i.  Deposit agreement. [See § 26-42 (Improvement plans), Subsections E through H.]

5.  Board of Aldermen action. As soon as practical after the Planning Commission makes its recommendation and after the applicant complies with Subsection B4a through B4i of this section, above, the final plat shall be forwarded to the Board of Aldermen for its consideration. Upon determination that the final plat is in full compliance with the requirements hereof, the Board shall adopt an ordinance approving such final plat.

1. To ensure the orderly development or redevelopment of land;
2. To protect and conserve the value of buildings and other improvements, and minimize any adverse impact of development on adjoining or other nearby properties;
3. To ensure proper legal descriptions and documentation of subdivided land for the protection of both buyers and sellers of land;
4. To ensure that lot purchasers will receive a buildable, properly oriented lot, provided with adequate facilities to meet day-to-day needs;
5. To establish standards of design (and reference other sources of design standards and procedures) for subdivision improvements and improvements within unsubdivided developments to ensure safe and proper construction of new streets, utilities, drainage facilities; erosion control; and installation of streetlighting;
6. To ensure a beneficial relationship between uses of land and buildings and the street system, including safe access and maneuvering of fire trucks and other emergency vehicles;
7. To designate and define the powers and duties of the officials administering and enforcing this article; and
8. To establish penalties for the violation of this article.

1. The provisions of this article shall apply to every subdivision of land into two or more parcels and including situations where there are proposed publicly dedicated streets, alleys, easements, parks, common areas, or other facilities. The provisions of this article shall also apply to developments subject to planned development approval under Article III (Applications and Procedures), § 26-10 (Planned development), of this chapter.
2. The improvement plan requirements and land development standards, as contained in this article, shall also apply to unsubdivided developments, except for construction of improvements on single-family and two-family residential lots.
3. Every proposed subdivision of land within the City shall be submitted to the Planning, Zoning and Architectural Review Commission for its report and recommendation thereon to the Board of Aldermen. The final plat of any subdivision shall not be recorded in the office of the County Recorder of Deeds, unless and until such plat is approved in accordance with the provisions of this article.
4. The sale or transfer of small parcels of land, as determined by the Director of Public Services, to or between adjoining property owners, where such sale does not create additional lots, is exempt from the requirement of Board of Aldermen approval of a final plat. Prior to such sale or transfer and recording thereof, the property owners involved shall comply with the boundary adjustment provisions contained in § 26-46 (Special procedures) Subsections E through G (Boundary adjustments) of this article.
5. Any court-ordered division of a tract of land shall comply with the requirements of this article.

1. The subdivision involves the creation of more than four lots;
2. The total area of the tract to be subdivided is greater than two acres in size;
3. There are proposed publicly dedicated streets, alleys, easements, parks, or other public lands; or
4. Any subdivision of a tract of land for which a rezoning is required for all or a portion of the tract, including rezoning to a PD District.

1. Creation of lots. No lot shall be created, nor property transferred from one adjoining lot to another, that results in any lot, and/or the use thereof, failing to comply with the requirements of this chapter.
2. Rezoning (Zoning District Map amendment). When a proposed subdivision would require that the tract, or portion thereof, be rezoned, consideration of the preliminary plat and the rezoning petition shall take place concurrently. The Planning Commission report on the preliminary plat and the proposed rezoning shall be submitted to the Board of Aldermen. In no event shall the Board of Aldermen approve a final plat prior to the Board adopting an ordinance approving the rezoning of the subject tract, or portion thereof.

1.  Drawings. Except as otherwise required herein, the improvement plans shall be drawn at any scale from one inch equals 20 feet to one inch equals 100 feet, in any increments of 10 feet, on one or more sheets not greater than 24 inches by 36 inches in size, which shall include a North arrow, scale, date, and revision date block on each sheet. The improvement plans shall contain the following information:

a.  Title page and index. The title page shall include the proposed name of the subdivision and show the name, address, and telephone number of the developer and the engineering/landscape design firm(s) who prepared the plans. If the set of improvement plans contain more than five sheets, not including the title sheet, then an index sheet shall also be provided.
b.  Key map. If the subdivision is to be built in phases, provide a key map of the tract, showing the general layout of the entire subdivision with the applicable phase highlighted.
c.  Street and utility plans.

(1)  Plans and profiles. Plans and profiles for streets, sanitary sewers, and storm sewers shall be drawn at a scale of one inch equals 50 feet horizontal and one inch equals 10 feet vertical, or as otherwise approved by the Director of Public Services.
(2)  Streets and sidewalks. Typical street cross sections shall be shown with complete dimensions and construction information. Street profiles shall be provided, showing existing and proposed elevations at fifty-foot intervals on the center line and at points along the proposed street right-of-way, as measured along a line drawn perpendicular to the center-line stations.
(3)  Sanitary sewers. Sanitary sewer plans shall show the alignment of all sewer mains, manhole locations, and proposed easement locations and dimensions. Specific drawing information shall be in accordance with the requirements of the MSD.
(4)  Water distribution. Water distribution plans shall show the alignment of all water mains, location of valves and fire hydrants, and proposed easement locations and dimensions. Specific drawing information shall be in accordance with the requirements of the Missouri American Water Company and specifications established by the City Fire Marshal.
(5)  Storm drainage plans. See Subsection A1d of this section below.
(6)  Lighting plans. Show the location of proposed streetlights and indicate the type of light standards, fixtures, and the rated output (lumens) of the light sources.
(7)  Other utility plans. Show proposed locations of any other utilities, including easements. Drawing information requirements for other utilities (e.g., electric, gas, telephone, cable television, etc.) shall be in accordance with the requirements of the applicable utility company.

d.  Grading, storm drainage, and erosion control plans. A grading plan and stormwater pollution prevention plan shall be submitted in accordance with the requirements of Chapter 7, Article III, Grading and Excavating.
e.  Landscape plans. A landscape plan for street trees shall be submitted in accordance with the requirements of Article V (Site and Landscape Design Standards), § 26-21 (Landscape design standards), of this chapter.

2.  Supplemental information requirements. The following supplemental information shall/may be required:

a.  Cost estimates. Provide cost estimates for all site preparation and construction of improvements, in sufficient detail for verification and approval by the Director of Public Services. Identify any reference sources of costs used in preparing the cost estimates, or the source of the cost estimate (e.g., if prepared by a utility company to be contracted to install certain improvements).
b.  Evidence of review by others. Provide written statements from (or correspondence from the developer to) the following agencies indicating that the improvement plans for the subdivision plat have been submitted for determination of compliance with their respective rules and standards:

(1)  Metropolitan St. Louis Sewer District;
(2)  Missouri Department of Transportation, if access to the development is to be from a state highway;
(3)  St. Louis County Department of Transportation, if access to the development is to be from a county arterial road;
(4)  Missouri Department of Natural Resources [See Subsection A1d above.];
(5)  U.S. Army Corps of Engineers; and
(6)  Other agencies having review authority over any element of the proposed development.

1.  Submission by applicant. After Board of Aldermen approval of the preliminary plat, the applicant shall submit to the Director of Public Services improvement plans and other information required by § 26-41 (Subdivision review and approval process), Subsection E (Preliminary plat: submittal requirements), to the Director of Public Services. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies or utilities.
2.  Staff review. As soon as practical after receipt of the improvement plans, the Director of Public Services shall distribute copies of the applicable documents to the Fire Marshal and other City staff, as appropriate. The Director of Public Services, with the input of other City staff, shall review the improvement plans and shall:

a.  Determine compliance with the approved preliminary plat and compliance with the requirements of this article and other applicable City regulations; and
b.  Verify accuracy of information provided, including cost estimates.

3.  Evidence of approval by other agencies or utilities. The applicant shall provide evidence to the Director of Public Services of the approval, or agreement to install improvements, from all applicable reviewing agencies/utility companies, including payment of any required inspection fees.
4.  Approval. Upon determination by the Director of Public Services that the improvement plans satisfy the requirements with this article, then such improvement plans shall be stamped as approved and dated.

1.  After the improvement plans have been approved and all inspection fees paid, but before approval of the final subdivision plat, the developer shall guarantee the completion of all required improvements in accordance with the regulations of this article. The developer shall either deposit cash or an irrevocable letter of credit under a deposit agreement with the City to guarantee the construction, installation and completion of the required improvements within the completion period approved by the Director of Public Services, which shall not exceed two years, except as such period may be extended as hereinabove provided.
2.  No guarantee or deposit shall be given to the City for sanitary and storm sewer improvements if the MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any guarantee, escrow, or renewal, extension or replacement thereof for plats approved prior to the effective date of this article.

1.  Deposit agreement. Deposit agreements shall provide that there shall be deposited with the City:

a.  A cash amount not less than the estimate of the cost of the construction, completion and installation of the improvements indicated on approved improvement plans and approved by the Director of Public Services; or
b.  A sight draft irrevocable letter of credit which may be renewable, issued under the Uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce Brochure No. 400, as amended, payable at a local financial institution, in an amount not less than the approved estimate of the cost of the construction completion and installation of the improvements indicated on the approved improvement plans, with final expiration date of not less than six months after the initial period allowed for completion of required improvements, drawn in favor of the City and guaranteeing to the City the availability, from time to time upon demand, of the balance under the deposit agreement and letter of credit not theretofore released.

2.  Preapproval of financial institution. No financial institution shall be eligible to provide a letter of credit unless approved in advance by the Director of Public Services and the City Attorney on such terms and criteria as may be established by the City.

1.  Release/reduction. The Director of Public Services shall partially release the cash deposit or reduce the letter of credit obligation for a category of improvement within 30 days of completion of such category of improvement, minus a retention of 5%. A category of improvement shall be deemed to be completed upon issuance of written approval from the appropriate inspecting public authority and determination by the Director of Public Services that such category of improvement has been completed in accordance with the applicable standards of this article.
2.  Release of balance. The developer shall be responsible for any defects, deficiencies and damage to required improvements during the development of the subdivision. The remaining funds or the balance of the letter of credit shall be held until such time as the subdivision has been completed, in accordance with the standards of this article and the submittal of as-built drawings of the improvements, as required in Subsection D of this section. If defects or deficiencies are found on inspection, same shall be corrected by the developer prior to the release of the remaining funds or the letter of credit.

1.  The obligation of the developer to construct, complete and install the required improvements shall not cease until the developer shall be finally released. If, after the improvement completion period, the required improvements are not constructed, completed, or installed, or if the developer shall violate any provision of the deposit agreement as determined by the Director of Public Services, the Director of Public Services shall request the developer or letter of credit provider to show cause, within not less than 10 days, why the City should not declare the developer in default. If the developer or surety or letter of credit provider fails to cure any default or present compelling reason why no default should be declared, the Director of Public Services shall declare the developer in default and may take any one or more of the following actions:

a.  Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be used to bring about the completion of the required improvements or other appropriate purposes in the interest of the public safety, health, and welfare; or
b.  Require the developer to submit an additional cash sum or letter of credit sufficient to guarantee the completion of the required improvements after recalculation in order to allow for any inflated or increased costs of constructing improvements.

2.  Suspension of right to build.

a.  If the Director of Public Services determines that forfeiture of the remaining deposit under Subsection H1a of this section, above, will not allow completion of the required improvements and if the developer fails to comply with the Director of Public Services' requirements under Subsection H1b of this section, above, the Director of Public Services may suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this subsection, the undeveloped portion of the subdivision means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The Director of Public Services shall give the developer 10 calendar days' written notice of an order under this subsection, with copies to all issuers of letters of credit who have outstanding obligations for any undeveloped portion of the subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the Director of Public Services has not determined by compelling evidence that completion of the improvements is adequately assured, the Director of Public Services shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the letter of credit, and a copy recorded with the Recorder of Deeds. Public notice of such order shall be conspicuously and prominently posted by the Director of Public Services at the subdivisions or lots subject to such order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director of Public Services:

(1)  If such notice is for a subdivision:
 

(2)  If such notice is for a lot:
 

b.  The suspension shall be rescinded in whole or in part only when the Director of Public Services has determined that completion of the improvements is adequately assured in all or an appropriate part of the subdivision.

I.  Maintenance of common areas and facilities: trust indentures.

1.  In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), streetlighting, drainage facilities (such as detention basins, drainage pipe, and ditches) or any other improvement requiring continuing maintenance, a trust indenture providing for such maintenance shall be recorded simultaneously with the final plat.
2.  The trust indenture shall provide that the common land be used for the benefit, use, and enjoyment of the lot owners, present and future; for the proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable sections of this article; and that no owner shall have the right to convey such owner's interest in the common land except as an incident of ownership of a platted lot.
3.  Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to the subdivision association or trustees.
4.  For single lot developments (e.g., commercial developments), the Director of Public Services may accept script certifying the means of maintenance, placed on the plat or separate instrument to be recorded simultaneously with the plat.
5.  Any trust indenture required to be recorded, or recorded for the purpose of compliance with the provisions of this article, shall provide for not less than the following representation of purchasers of developed lots as trustees:

a.  One-third of the trustees or officers shall be chosen by purchasers of developed lots after 50% of the lots have been sold;
b.  Two-thirds of the trustees shall be chosen by purchasers of developed lots after 95% of the lots have been sold;
c.  All of the association trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.

6.  The term of the indentures for all types of subdivisions, including planned districts, shall be for the duration of the subdivision. In the event that 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 in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common land, and no interest in the common land shall be conveyed by a lot owner except in conjunction with the sale of a lot. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such may not be expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.
7.  Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri, setting forth the attorney's legal opinion as to the legal form and effect of the trust indenture and deed. The deed and trust indenture shall be approved by the City Attorney prior to being filed with the County Recorder of Deeds simultaneously with the recording of the final plat.

1.  Required. So long as there is a street not accepted by the City for maintenance within any subdivision, no person shall sell, or offer to sell, or advertise for sale, any dwelling unit or nonresidential property without disclosing to each prospective purchaser such purchaser's responsibility with respect to subdivision streets in the manner required by this section. For purposes of this section, "prospective purchaser" includes any person making inquiry of any responsible party with respect to purchase of a lot or dwelling unit.
2.  Form of disclosure.

a.  Disclosure shall be made to each prospective purchaser in substantially the following form:
 

b.  Modification of the above language may be made only as necessary to plainly and accurately portray the current and future status of subdivision streets. Any reference in such disclosure to a board of trustees or similar persons shall reference the trust indenture which discloses the manner of selection of trustees and the manner in which any costs borne by such persons will be defrayed.

3.  Responsible parties. The requirements of this section shall be complied with by any developer, development corporation, lender, title company, real estate broker, corporation, agent, manager or management corporation, and each agent or employee of the foregoing to the extent of involvement in marketing of property for sale.
4.  Specific requirements. It shall be the responsibility of each responsible party to accomplish the disclosure required by this section. Without limiting the generality of this obligation, the disclosure, in any event:

a.  Shall be prominently posted in the sales office;
b.  Shall be contained in a contract for the sale of a lot or dwelling unit, and if not printed in red lettering or similar highlighting, shall be specifically pointed out to a prospective purchaser prior to execution of any such contract;
c.  Shall be printed in readily legible typeface on any map or plat used for marketing purposes.

5.  Exceptions. The disclosure required by this section need not be made:

a.  In advertising by signage, radio, television, newspaper, or multiple listing service;
b.  By a person presently owning and who has never owned within the subdivision or development more than the single unit which is offered for sale.

6.  Preapproval of modified disclosure.

a.  Any proposed modification of the language of the required disclosure shall be submitted to the City Attorney for approval, prior to use.
b.  The City Attorney shall approve any modification which is factually accurate and serves to inform a prospective purchaser at least as well as the language set forth above.

1.  To provide desirable building sites logically related to topography, natural features, streets, parking areas, common land (if any), other structures, and adjacent land uses;
2.  Consideration for surrounding land uses in terms of the impact of the proposed development on the surrounding area;
3.  Consideration for any existing or potential impacts of adjacent land uses on the proposed development;
4.  Give due regard to natural features (such as large trees and watercourses), presence of historic landmarks or districts, the proximity and density of nearby residential areas, and any other on- or off-site conditions.

1.  Every street established after the effective date of this article shall be platted, designed and built in accordance with the requirements of this article.
2.  Private streets shall be prohibited, except for private drives primarily intended to provide access to parking areas associated with multiple-family residential developments, or road easements or cross access easements associated with nonresidential developments.
3.  Half-width streets shall be prohibited.
4.  The street layout shall be appropriate for the type of development proposed and properly integrated with the street system in the area adjoining the development.
5.  Residential streets shall be laid out to discourage through traffic and culs-de-sac, to encourage connectivity, to permit efficient drainage and utility systems, and to provide convenient and safe access to lots.
6.  In conjunction with satisfying the intent of Subsection C5, above, residential streets shall interconnect with surrounding streets where determined to be necessary to permit the convenient movement and dispersion of traffic within the local neighborhood and/or that would facilitate the access of emergency vehicles.
7.  All dead-end streets shall be developed with a cul-de-sac turnaround, with a circular pavement provided in accordance with this section, unless the Planning Commission recommends, and the Board of Aldermen approves, an equally safe and maneuverable turnaround space. This turnaround requirement shall not apply to dead-end stub streets having no more than four lots fronting thereto and which do not exceed 250 feet in length as measured from the center line of the street intersection to the end of the stub street, provided that the Planning Commission and Board of Aldermen determine that such street provides a safe means of access for police, fire, and emergency vehicles.
8.  Streets shall intersect, as nearly as possible, at right angles, and no street shall intersect with another at less than 70°. Not more than two streets shall intersect at any one point.
9.  Whenever possible, proposed street intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. In any event, where a center-line offset (jog) occurs at an intersection, the distance between the center lines of the intersecting streets shall not be less than 150 feet when the intersected street is a residential street, and not less than 200 feet when the intersected street is a collector street or highway.
10.  Street right-of-way shall not be placed adjacent to side or rear property lines of a lot, tract, or parcel in an established residential subdivision, except as is necessary to provide for future connections to adjoining unsubdivided tracts where recommended by the Planning Commission and approved by the Board of Aldermen. A minimum of a twenty-five-foot landscaped buffer, established as common ground, shall be provided between the street right-of-way and the side or rear property lines of the lots, tracts, or parcels, associated with the established residential subdivision. Intersection roundings shall be exempt from this requirement.
11.  Additional traffic lanes or other widening, pavement thickness, drainage facilities, granular base, traffic control devices, and other improvements may be required to accommodate traffic volumes projected to be generated by the development, unsuitable soil conditions, steep grades, or other conditions.

1.  Street design standards and requirements for the City's two principal street types are provided for in Table 26-44 below.
 

2.  Miscellaneous geometric requirements.

a.  All pavement surfaces shall be centered within the right-of-way without exception.
b.  The minimum height of the street crown shall be determined by using a cross slope of 2%, or as required by the geometric pavement design approved by the Director of Public Services.
c.  Intersections shall be designed with grades as level as possible, notwithstanding provisions for proper drainage. Approaches to intersections shall not have a grade exceeding 3% for a distance of not less than 150 feet, measured from the center line of the intersecting street.

3.  Street names.

a.  Proposed through streets which are continuations of or in general alignment with existing streets shall bear the names of such existing streets.
b.  Except as required under Subsection D3a, above, the name of a proposed street shall not duplicate the name of any existing or platted street within the county.
c.  All names of the streets proposed by the developer shall be approved by the County Department of Revenue prior to submitting the final plat to the City for review.

1.  Requirements.

a.  Except as provided for herein, sidewalks shall be provided along both sides of any street, including around any cul-de-sac.
b.  Sidewalks or pedestrianways may be required elsewhere within a development to provide access to parks, schools, public transportation facilities, common land, or similar areas when the Planning Commission finds that such sidewalks or pedestrianways are necessary to promote public safety.
c.  Sidewalks or pedestrianways shall be constructed in accordance with the specifications established by the Director of Public Services. The minimum requirements for sidewalks shall be as follows:

(1)  Residential sidewalks or pedestrianways shall be concrete, having a minimum thickness of four inches and increased to six inches at driveway entrances. The minimum width of sidewalks in residential developments shall be four feet, except that wider widths may be required by the Board of Aldermen upon recommendation from the Planning Commission.
(2)  Nonresidential sidewalks shall be concrete, having a minimum thickness of four inches and increased to seven inches at driveway entrances. The minimum width of sidewalks in nonresidential developments shall be four feet, except that wider widths may be required by the Board of Aldermen upon recommendation from the Planning Commission.
(3)  Sidewalks shall be handicapped accessible.
(4)  Where sidewalks do not presently exist along Watson Road (a state highway), sidewalks shall be provided; however, if the State Highway and Transportation Department prohibits such sidewalks within the state right-of-way, then the sidewalks shall be placed in a public easement outside of the right-of-way.

d.  Pedestrianways, as distinguished from sidewalks along streets, may be constructed with other suitable materials; use of such materials shall be subject to the approval of the Director of Public Services when the developer can demonstrate that:

(1)  Such pedestrianways would serve the residents of and visitors to the development as adequately as concrete sidewalks; and
(2)  Such pedestrianways would be more appropriate with respect to the overall design theme of the development.

2.  Variance procedure. A developer may request a waiver from the requirement for sidewalks along a street, in accordance with the variance procedure outlined in this article. The Director of Public Services shall provide a report to the Planning Commission concerning the conditions within the street right-of-way involved with the request. The Planning Commission may recommend, and the Board of Aldermen may approve a waiver in the following cases:

a.  Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions make their installation and use impractical;
b.  Where the applicant has submitted an alternative sidewalk plan that provides for more direct and safer movement of pedestrian traffic; or
c.  Where the applicant can demonstrate that justifiable conditions exist wherein the strict application of requirements contained in this section would:

(1)  Impose practical difficulties or particular hardship; or
(2)  Create additional sidewalks that would not be in the public interest, and public safety would be adequately accommodated without the sidewalks.

1.  General.

a.  Every lot shall have access from a public street, except for nonresidential lots accessed by a roadway easement or cross access easement approved by the Board of Aldermen and recorded on a record or easement plat.
b.  The minimum area of lots shall be in accordance with the regulations of the zoning district in which the lots are located.
c.  The side lot lines of lots shall generally be at right angles to straight street lines, and radial to curved street lines, unless a deviation from this general standard would provide a better street and lot plan, in the judgment of the Planning Commission.
d.  Through lots should be avoided, except where necessary to provide separation of the subdivision from major or secondary streets, or as otherwise required by topography or similar conditions.
e.  Through lots shall have driveway access from the internal residential (local) street, unless it is impractical to do so because of topography or similar conditions.

2.  Corner lots.

a.  Corner lots shall have adequate width to permit the required building setback lines from both streets. (See Article IV, Zoning Districts and Use Standards, of this chapter.)
b.  Corner lots located at the intersection of a collector street and a residential (minor) street shall have driveway access from the residential (local) street, if possible. Driveways shall be located as far from the street intersection as practical and shall not be located within the area described in Article II (Definitions), § 26-5 (definition of "sight distance triangle").

3.  Flag lots. Flag lots are not to be permitted.

1.  General requirements.

a.  In any case in which a developer installs or causes the installation of water, sanitary sewer, storm sewer, electrical power, telephone, cable television, or other facilities outside a public street right-of-way, and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities upon their completion and acceptance by the utility or entity. Such easements shall be clearly indicated on the final subdivision plat or special easement plat.
b.  Where possible, easements should be located along rear and side lot lines. Such easements shall not be less than 10 feet in width, which may be divided evenly between abutting properties.

2.  Storm drainage easements.

a.  Storm drainage easements may be required for the proper drainage within and through a development. Wherever a subdivision is traversed by a watercourse, drainage channel, or stream, there shall be provided a drainage easement which shall be for the purpose of widening, straightening, improving, and maintaining such drainageway. The width of the drainage easement shall be as necessary for the access and maintenance of the drainageway or as required by the MSD.
b.  Access easements shall be established as necessary to provide an unobstructed route to the storm drainage easement area for maintenance equipment. Separately designated access easements shall not be less than 20 feet or as specified by the MSD.

1.  Underground wiring required. All electric, lighting, telephone, and cable television distribution lines shall be installed underground, except those feeder lines necessary to serve the development and in locations approved by the Director of Public Services. Switching enclosures, pad-mounted transformers, and service pedestals may also be installed above ground. The Board of Aldermen may approve, upon recommendations from the Planning Commission, aboveground installations in whole or in part for developments, only when a request is submitted by the developer with documentation that supports the impracticability of installing such utility lines underground.
2.  Water facilities.

a.  The developer shall secure water service to each lot within the development for the purpose of providing sufficient potable water supply and fire protection.
b.  The developer shall arrange for installation of water mains. Fire hydrants shall be located and installed in accordance with specifications established by the City Fire Marshal.

3.  Sanitary and storm sewers.

a.  Adequate sanitary sewer collection lines shall be provided and accessible to each lot. All sanitary sewers, sanitary sewer connections, manholes, and other sanitary sewer installations serving the development shall comply with MSD design standards and design standards established by the Director of Public Services. In instances where there are differences between MSD standards and those established by the Director of Public Services, the most restrictive standard shall apply. The developer shall be responsible for installing all required building service connections.
b.  Every development shall be designed to control stormwater runoff. All storm sewers, storm sewer connections, detention/retention facilities, and other storm drainage improvements shall comply with MSD design standards and design standards established by the Director of Public Services. In instances where there are differences between MSD standards and those established by the Director of Public Services, the most restrictive standard shall apply.
c.  Within the C-1 and M-1 Zoning Districts, all storm drainage detention facilities shall be installed underground.
d.  In residential developments, drainage/retention facilities and land area required to provide access to such facilities shall be located within common ground. Drainage detention facilities or other storm drainage facilities that will not be maintained by the MSD shall be conveyed to the trustees of the subdivision for maintenance purposes, in accordance with this chapter.
e.  In single-lot developments, drainage detention facilities or other storm drainage facilities that will not be maintained by the MSD shall be maintained by the property owner.
f.  Drainage discharge. All drainage provisions shall be of such design as to carry surface waters to the nearest practical storm drain, natural watercourse or street, as approved by the Director of Public Services. The finished grade of sites, one acre or greater in area, from which all or a portion will drain into a natural and improved drainageway, shall be so designed so that stormwater runoff is intercepted by diversion swales or area inlets, and lowered to a stable outlet constructed of concrete, riprap, pipe or other techniques required by MSD or as specified by the Director of Public Services. The rate of discharge of surface water runoff shall be in accordance with the requirements of MSD, except that the Director of Public Services may require a more restrictive discharge rate in areas where flash flooding, bank erosion or other chronic stormwater drainage problems exist.

4.  Other utilities. The design and installation of other utilities (e.g., electric distribution, gas mains and services, telephone, and cable television) shall be provided at a service level necessary for the development of, and in accordance with, the specifications, approval, and inspection requirements of the applicable utility company.

1.  Decorative streetlight standards for residential districts. All streetlight standards and fixtures within residential developments shall be of Early American style (Union Electric Stock No. 38-01-517 or No. 38-01-518 or equivalent), except where other light standards and fixtures may be necessary for increased lighting levels and coverage. All light standards and fixtures shall be subject to the approval of the Director of Public Services.
2.  Illumination. Streetlight fixtures shall be light emitting diodes (LED). In residential districts, each fixture shall have a minimum 9,500 lumen output, except that a higher lumen output may be required where determined necessary by the Director of Public Services. In residential districts, the maximum initial illumination level, five feet above the base of the light source, shall be no greater than three footcandles, except at street intersections requiring higher illumination levels. In nonresidential districts, each fixture shall have 25,500 lumen output. Consideration shall be given to the lighting quality and color predominantly used in that neighborhood, district, or immediate area.
3.  Height. The lighting source shall not be less than 15 feet nor greater than 25 feet above grade, except as may be required for major streets and highways.
4.  Location.

a.  General. Streetlights shall be provided at each intersection of a street within the subdivision, on street frontage between intersections, at each intersection of a street with a sidewalk or pedestrianway, and at each cul-de-sac turnaround. Light standards shall not be located within three feet of the back of the street curb. Where sidewalks are required, streetlight standards shall be located between the sidewalk and the street curb. Variations to the latter two requirements may be approved by the Director of Public Services so long as proper illumination is achieved without impairing pedestrian and vehicular traffic safety.
b.  Residential subdivisions. Residential streets shall have streetlights installed at a maximum spacing of 200 feet.
c.  Nonresidential subdivisions. Nonresidential streets shall have streetlights installed at a maximum spacing of 250 feet.

5.  Installation expense, maintenance and operation. Streetlights shall be installed at the expense of the developer. Upon acceptance of streets for maintenance by the City, the City will assume financial responsibility for the ensuing electric charges for streetlights located in City street rights-of-way. All other lighting expenses shall be the responsibility of the property owner or the owners in common. In the latter case, the trust indenture, or similar instrument, as required in this article, shall provide for the assessment and collection of moneys necessary for the operation of the common lighting system.

1.  Exceptional development constraints. Where there is a question as to the suitability of a proposed subdivision of land, or portion thereof, for its intended use, due to factors such as steep slopes, rock, soil conditions, high water table, flood conditions or other adverse natural physical conditions, the Director of Public Services may require test borings or other engineering investigations to determine the severity of such conditions. The Director of Public Services may withhold approval of improvement plans until engineering or other relevant studies are conducted by the applicant and are presented to the Director of Public Services which establish that the methods proposed to alleviate any such conditions are adequate to avoid any danger to public health, safety, welfare, or proposed improvements or structures. The Director of Public Services may impose conditions on any applicable permit to ensure that the necessary measures are taken to solve the problems created by unsuitable land conditions.
2.  Construction testing. The Director of Public Services may require that the developer take concrete cylinder or core samples and have laboratory tests conducted on same, and present same to the Director of Public Services, for street and sidewalk pavements to ensure compliance with design and construction requirements.

1.  Survey monuments. All subdivision boundary corners and the four corners of all street intersections shall be marked with monuments. Such monuments shall be constructed in accordance with the Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors and Department of Natural Resources.
2.  Benchmark. A permanent benchmark shall be accessibly placed, the elevation of which shall be based on USGS datum, and accurately noted on the final plat.

1.  For all sites, water and drainage provisions shall be designed to carry waters to the nearest practical storm drain, natural watercourse, or street. For sites one acre or greater in area, the finished grade shall be designed so that stormwater runoff is intercepted by diversion swales or stormwater inlets and conveyed to a stable outlet constructed of concrete, riprap, pipe or other designed techniques required by MSD. Sites one acre or greater in area must be approved by MSD.
2.  The rate of discharge of surface water runoff shall be in accordance with the requirements of MSD, except that the Director of Public Services may require a more restrictive discharge rate in areas where flash flooding, bank erosion or other chronic stormwater drainage problems exist.
3.  Water shall not be directed through a pipe, culvert, hose, spout, or drain which discharges within 10 feet of an abutting property line or right-of-way line. The following are exceptions to this prohibition:

a.  Discharge within two feet of the building foundation; or
b.  Discharge into an open natural creek or swale on the same property; or
c.  Discharge that is parallel or vertical to the abutting property line and at least five feet from said line.

4.  Increased water discharges due to an increase in the amount of impervious cover on the site must be discharged into a stormwater management basin or rain garden to ensure that there is not an increase in peak discharge rates. Stormwater management basins and rain gardens shall be in accordance with MSD requirements and approved by MSD.
5.  Any property owner violating this section is subject to the penalties specified in § 26-47 (Administration and enforcement), Subsection F (Violations and penalties).

1.  Display plat. The display plat shall include a complete out boundary survey of the proposed subdivision of land, and the location of each display dwelling unit in relation to the proposed lots, including location of easements and building setback lines. The term "DISPLAY PLAT" shall be prominently displayed on the plat drawing.
2.  Improvement plans. The applicant shall submit improvement plans for the improvements required to serve the display dwelling units. The submittal requirements shall be in accordance with § 26-42 (Improvement plans) as applicable to the display plat lots or units.
3.  Approval required. No grading permit, construction improvement permit, or building permit shall be issued for any development activity associated with a display plat until the Director of Public Services has approved and has affixed his/her signature and dated the original of such display plat.
4.  Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in Article III (Applications and Procedures), § 26-8H (Common procedures for all applications). Appeal of the Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in Article III (Applications and Procedures), § 26-8H (Common procedures for all applications).

1.  The script on the display plat shall comply with the requirements of the Director of Public Services, including, but not limited to, the following:

a.  The display plat shall become null and void upon the recording of the final (record) plat which establishes that each display dwelling unit is on an approved lot.
b.  No part of the proposed subdivision may be conveyed, nor an occupancy permit issued, for any display dwelling until the display dwelling unit has been established on an approved lot.

2.  The display plat shall be executed by the owner and any lienholder.
3.  All improvements serving the display dwelling units shall be substantially complete prior to the displays being open to the general public.
4.  If initial construction of improvements or display dwelling units has not commenced within 90 days of approval by the Director of Public Services, such approval shall lapse and the display plat shall be null and void.
5.  A final plat for the display plat portion of the subdivision, or the entire subdivision, shall be submitted, in accordance with § 26-43A and B [Final (record) plat], within one year of approval of the display plat, by the Director of Public Services. The developer may request a time extension and the Board of Aldermen may approve an extension, upon recommendation of same from the Planning Commission. If the final plat is not filed within the required time period or approved extension thereof, the then-owner shall remove or cause to be removed all display dwelling units from the property. Failure of the owner within one year plus 30 days of approval shall constitute the granting of authority of the City to remove or cause to remove the display dwelling units to be removed, the cost of which shall be borne by the owner and shall become a lien against the property.
6.  The original copy of the approved display plat shall be filed in the office of the City Clerk and a copy of same filed in the office of the Director of Public Services.

1.  No additional buildable lot shall be created by any boundary adjustment.
2.  The affected lot or lots shall not be reduced below the minimum size and dimensional requirements of Article IV (Zoning Districts and Use Standards), § 26-16 (Standards applicable to all districts).

1.  Boundary adjustment plats should submit forms in compliance with Article III (Applications and Procedures), § 26-8 (Common procedures or all applications), Subsection A1, 2 and 3a (Applications and fees).
2.  The boundary adjustment shall be accomplished by plat and must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
3.  Lots not conforming to the regulations of Article IV (Zoning Districts and Use Standards), § 26-16 (Standards applicable to all districts) shall not be created.
4.  The boundary adjustment plat shall be submitted to the Director of Public Services for review. The Director shall approve or disapprove the boundary adjustment. In the case of approval, the Director shall issue a certificate indicating his/her approval of the boundary adjustment. In the case of disapproval, the Director shall indicate, in writing, the reasons for such disapproval.
5.  Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in Article III (Applications and Procedures) § 26-08H (Applications and Procedures, Common procedures for all applications). Appeal of the Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in Article III (Applications and Procedures) § 26-08H (Applications and Procedures, Common procedures for all applications).
6.  The boundary adjustment plat, and the certificate of approval of same, shall be recorded at the office of the St. Louis County Recorder of Deeds within 60 days of approval. If said plat and/or deeds and certificate of approval are not recorded within this period, the approval shall expire.
7.  Following the recording of the boundary adjustment documents, one original copy of the plat, bearing the County Recorder's signature, seal, and notation of plat book and page, shall be returned to the Director of Public Services.

1.  Step 1: Preapplication sketch plat review (voluntary).
2.  Step 2: Planning Commission work session (voluntary).
3.  Step 3: Preliminary subdivision plat.
4.  Step 4: Improvement plans, guarantees, and trust indentures.
5.  Step 5: Final (record) plat.

1.  Name, address, and telephone number of the owner of record, applicant (if different than the owner of record), engineer and/or land surveyor retained for preparing the plat.
2.  Acreage, existing and proposed (if different) zoning classification of the tract to be subdivided.
3.  The approximate location of all existing land uses and structures within the tract proposed to be retained or demolished and all land uses and structures within 150 feet of the tract.
4.  Existing and proposed trees or tree masses, including street trees.
5.  Arrangement of all proposed lots and common areas.
6.  Proposed location and width of street right-of-way, street pavement, alleys, and their relationship to the existing adjacent street system.
7.  Proposed location of private access drives.
8.  Location and size of existing and proposed utility lines and easements.
9.  The generalized drainage scheme, including proposed detention/retention facilities (show contour intervals of five feet or less).
10.  A North arrow and scale.

1.  Application. An application for a preliminary plat shall be made in compliance with Article III (Applications and Procedures), § 26-8 (Common procedures for all applications), Subsection A1, 2 and 3a (Applications and fees).
2.  Information. The preliminary plat shall be drawn at any scale, from one inch equals 20 feet to one inch equals 100 feet, in any increments of 10 feet, on one or more sheets not less than 24 inches by 36 inches or greater than 36 inches by 42 inches in size. Also include a North arrow, scale, date, and revision date block on each sheet. The plat shall contain the following information:

a.  The name of the proposed subdivision, which shall be original and not a duplication of the name of any previously recorded subdivision or development in the county.
b.  A vicinity map showing the relationship of the tract to be subdivided to the surrounding community. The vicinity map shall cover an area within a radius of one mile of the proposed subdivision at a scale of one inch equals 2,000 feet. The map shall generally locate arterial streets, highways, railroads, and any significant landmarks which help to locate the subdivision tract.
c.  The approximate area of the tract and the proposed lots therein stated to the nearest 0.1 of an acre.
d.  Dimensions of:

(1)  The tract to be subdivided;
(2)  Each proposed lot intended for sale or lease;
(3)  Proposed common open space.

e.  Sufficient existing and proposed contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend 150 feet beyond the limits of the subdivision boundaries. USGS data is required.
f.  Delineation and widths of proposed street, alley, or other rights-of-way, including radii of curves, culs-de-sac, and any additional rights-of-way along existing streets, as may be required by the City or other public entity having jurisdiction, indicating all rights-of-way proposed for dedication to the City or other public entity.
g.  Building setback lines, including side yard, rear yard, or proper line setback associated with each proposed platted lot, in accordance with the applicable zoning district classification. For detached single-family or two-family dwelling type lots, building setback lines may be indicated in a typical lot detail.
h.  Identification and delineation of any buffer areas required by Article IV (Zoning Districts and Use Standards), § 26-16 (Standards applicable to all districts), § 26-17 (Standards applicable to specific uses and districts), and/or § 26-18 (Watson Road Overlay Area), and Article V (Site and Landscape Design Standards), § 26-24 (Stream buffer protection).
i.  Identification and delineation of lots, streets, alleys, and easements associated with all adjoining subdivisions, drawn to the same scale in dashed lines (or half-toned) for a distance of 150 feet from the boundaries of tract proposed to be subdivided.
j.  The results of any tests made to ascertain subsurface soil conditions and water table.
k.  The owners of record of land adjoining the area proposed to be subdivided.
l.  The existing zoning district classification(s) of the tract proposed to be subdivided and the adjoining properties, and the proposed zoning of the tract, if different.
m.  Proposed use of each lot within the proposed subdivision.
n.  The location of all existing storm sewer, sanitary sewer, water mains, gas mains, or other underground utilities within the tract to be subdivided, and off-site where proposed connections to the same are proposed.
o.  The location and width of all easements necessary to accommodate utilities serving the proposed subdivision.
p.  Preliminary site drainage system, designed in accordance with the requirements of the MSD and showing any proposed drainage swales, detention or retention areas, storm sewer pipes, culverts, and any other storm drainage improvements (including any off-site improvements).
q.  Preliminary layout of the sanitary sewer collection system, designed in accordance with the requirements of the MSD and showing pipe sizes, manhole locations, approximate flow line elevations, lift stations, and any other pertinent sanitary sewer facilities necessary to service the development.
r.  The delineation of FEMA-designated floodplain and floodway boundaries, if any.
s.  Any proposed alteration, adjustment, or change in the elevation or topography of any floodplain or floodway, as designated on the FEMA Floodplain and Floodway Maps.
t.  Delineation of plat phases and anticipated time schedule, if the subdivision is to be constructed in phases.
u.  The location and identification of all existing trees within the tract proposed to be subdivided having a trunk size of eight inches in diameter or greater, as measured five feet above the ground, indicating which trees are to be removed and preserved.
v.  Other significant natural features, such as rock outcroppings, sinkholes, and any other key natural features of the site.
w.  A certification by a registered engineer or land surveyor who prepared the plat, indicating that the preliminary plat is a correct representation of all existing and proposed land divisions.
x.  Signature blocks.

3.  Supplemental information. The following supplemental information shall/may be required:

a.  The following names and addresses (may be shown on the plat drawings):

(1)  The record owner or owners of the tract;
(2)  The applicant proposing the subdivision, if different than the record owner;
(3)  The party who prepared the plat and the engineer who will design the subdivision improvements, if retained at the preliminary plat stage.

b.  Evidence of the applicant's ownership interest (e.g., title, option contract) of the tract proposed to be subdivided.

4.  Rezoning. When a proposed subdivision would require that the tract or portion thereof be rezoned, a rezoning petition shall be initiated by the applicant simultaneously with the application for preliminary plat approval.

1.  Submission by applicant. After the sketch plat review meeting and the Planning Commission work session (if elected by the applicant), the applicant shall submit a preliminary plat and other information required by Subsection E of this section to the Director of Public Services.
2.  Staff review.

a.  Completeness of submittal. Upon receipt of the preliminary plat and associated documents, the Director of Public Services shall review the documents to determine acceptability for submission. If the Director determines the submittal is complete, then the submittal shall be date stamped.
b.  Distribution. As soon as practical after acceptance of the preliminary plat submittal, the Director of Public Services shall distribute copies of the preliminary plat to the Fire Marshal and other City staff, as appropriate.
c.  Staff review. Preliminary plats will be reviewed in accordance with Article III (Applications and Procedures), § 26-8D (Common procedures for all applications). Additionally, the Director of Public Services shall review the preliminary plat and solicit comments from other City staff on such plat with respect to meeting the requirements of this chapter, other applicable City regulations, and with respect to good site planning, both within the tract to be subdivided and its relation to the surrounding area. The Director, with the input of other City staff, shall identify any deficiencies and site planning issues.
d.  Recommendation. Staff shall recommend to the Planning Commission approval or disapproval of the preliminary plat. A recommendation of disapproval shall be accompanied by reasons. In recommending approval of a preliminary plat, staff may recommend conditions to be addressed and resolved.

3.  Planning Commission action.

a.  The Planning Commission shall consider the preliminary plat at the meeting scheduled for review of the subject plat. A vote of disapproval shall be accompanied by reasons for such action in the meeting minutes. In approving a preliminary plat, the Commission may add conditions to be addressed and resolved.
b.  The Planning Commission may approve the plat, with conditions as recommended by staff, if any, or as the Commission may determine, by a majority vote.
c.  If the Planning Commission vote is contrary to the staff recommendation, then such vote shall be by a two-thirds majority.
d.  The Planning Commission shall take action on the preliminary plat within 60 days of its consideration of such plat. Otherwise, the preliminary plat shall be deemed as recommended for approval by the Commission, except that the Commission, with the consent of the applicant, may extend this sixty-day period.

1.  Approval of the preliminary plat by the Planning Commission constitutes authorization for the applicant to proceed with preparation of the improvement plans and related documentation.
2.  The preliminary plat shall be valid for a period of one year from the date of Planning Commission approval. In the case of phased developments, the period of validity for the first phase shall be one year. Thereafter, application for final plat approval of subsequent phases shall be submitted to the Director of Public Services within one year after recording the previous phase. In no case shall any portion of a preliminary plat for a phased development be valid for more than three years.
3.  At such time as the period of validity has expired, the Planning Commission approval of the preliminary plat shall become null and void. In this event, a resubmission of the preliminary plat shall be required if the applicant intends to pursue final plat approval. The Planning Commission may grant up to a one-year extension from the date that the period of validity expired. The Commission may deny such extension or reject the reapplication for the same preliminary plat proposal in light of new facts and circumstances relating to the preliminary plat.
4.  In the event that preliminary plat approval has expired, and such plat involved rezoning all or a portion of the property comprising the subdivision plat, the Board of Aldermen may initiate actions to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of the zoning regulations. [See Article III (Applications and Procedures), § 26-9 (Zoning Map and text amendments) of this chapter.]

1. After recording an approved plat, it may be vacated by the owner of the land at any time before the sale of any lot therein, by a written petition to the Board of Aldermen, to which a copy of the plat is attached, indicating the area to be vacated.
2. When lots have been sold, but no buildings constructed thereon, the plat may be vacated in the manner provided in Subsection A1, above, by all the owners of lots in the plat joining in the execution of a written petition.
3. The petition shall be filed, together with the required filing fee, with the City Clerk, who shall give notice of the pendency of the petition in a public newspaper in the same manner as set forth in Article III (Applications and Procedures), § 26-8 (Common procedures for all applications), Subsection E (Notice) of this chapter.
4. If no opposition is made to the petition, the Board of Aldermen may vacate the same with such restrictions as it may deem necessary for the public good. If opposition is made, the petition shall be set down for a public hearing before the Board of Aldermen.
5. The Board of Aldermen may vacate any City-dedicated right-of-way, or part thereof, in a manner prescribed by law and upon determining that the public interest will be served by such action.

A.  Published notice. Upon request by the City Administrator, the City Clerk shall publish a notice in the newspaper of general circulation inviting, and the City may otherwise request, the submission of proposed development plans in accordance with § 26-62 (Development plan contents) of this article for the redevelopment of an area, regardless of whether the Board of Aldermen has, at the time of publication, determined that such area qualifies as a blighted area. Such notice shall provide that proposed development plans must be submitted to the City within no less than 30 days nor more than 90 days following publication of such notice. If the Board rejects all proposed development plans, or if none are submitted, the Board may direct the City Clerk to publish notice again and the period of submission of proposed development plans shall begin anew. Such notice shall be sufficient if it states that the City will consider one or more municipal finance incentives provided under state law in connection with the proposed project.

B.  Submitting parties. Notwithstanding anything to the contrary in Subsection A of this section, above, a party that has previously responded to a request for redevelopment proposals for a specific site in the City, and been designated by the Board of Aldermen as the developer for such specific site or portion thereof, may submit a development plan for such site or portion thereof to the City at any time, regardless of whether an invitation to submit proposed development plans for such site has been published pursuant to Subsection A of this section, above.

A.  Filing fee. Any party submitting a development plan for review shall submit copies, and shall submit a nonrefundable filing fee to the City in the amount designated in the Public Works Fee Schedule to be used by the City to defray the expenses connected with the evaluation and review of the proposed development plan.

B.  Development plan requirements.

1.  A development plan shall contain at least the following information and data:

a.  Legal description and plat. A legal description of the area by metes and bounds or other definite designation and a scaled plat of the area;
b.  Design plan. A narrative description and preliminary design plan of the proposed redevelopment project and schematic drawings and elevations describing the general location of structures, height, size and scale of structures, proposed land uses, open spaces, building materials, general landscaping and traffic circulation;
c.  Project phases. A statement of the various phases, if more than one is intended, by which the redevelopment project is proposed to be constructed or undertaken, and the approximate time limit for the commencement and completion of each phase, together with a legal description, or other definite designation, of the real property to be included in each phase;
d.  Unit specifications; availability. A statement of the character, type and quality of construction, and where applicable, the approximate number of units, the square footage of the various units, approximate rentals and approximate date of availability of the proposed units to be offered during the construction by each phase, if at all, or upon completion of the redevelopment project;
e.  Property to be demolished. A statement of the existing buildings or improvements in the blighted area proposed to be demolished, in whole or in part, if at all, and an estimate of the timing of such demolition;
f.  Building rehabilitation. A statement of existing buildings to remain, if any, the proposed improvements to each such building to remain and the approximate period of time during which such improvements, repairs or alterations are to be made;
g.  New construction. A statement of the general type, size, number, character and materials of each new industrial, commercial, residential or other building or improvement to be erected or made and the estimate of the timing of such construction;
h.  Open space and other amenities. A statement of those portions, if any, of the blighted area which may be permitted or will be required to be left as open space or improved with other amenities, the use to which each such space is to be put, the period of time each such space will be required to remain an open space or used for other amenities and the manner in which it will be improved and maintained;
i.  Property for public agencies. A statement of those portions, if any, of the area which are proposed to be sold, donated, exchanged or leased to any public agency and an outline of the terms of such proposed sale, donation, exchange or lease;
j.  Zoning changes. A statement of the proposed changes, if any, in the Zoning Ordinance or Zoning Map, necessary or desirable for the redevelopment project and its protection from blighting influences;
k.  Street changes. A statement of the proposed changes in streets or street levels and proposed street closings within, adjacent to, or in the proximity of the area, if any;
l.  Utility changes. A statement of the changes, if any, which will be required in utility sources to accommodate the redevelopment project and changes, if any, in utility lines, easements, or locations;
m.  Acquisition plan, eminent domain. A statement giving:

(1)  The legal description, or other definite designation, of the real property owned or under option or contract to purchase by the corporation or its agent or affiliates;
(2)  Where known, or in the event the parties are unable to conclude a voluntary conveyance, designation of the real property proposed to be acquired by eminent domain by the corporation; and
(3)  The time schedule for acquisition by either negotiated purchase or exercise of the power of eminent domain;

n.  Eminent domain by City. A statement giving the legal description of the real property, if any, proposed to be acquired by the City on behalf of the corporation, the terms and conditions for such acquisition, and the reasons why the aid of the City is sought for this purpose;
o.  Financing. A detailed statement of the proposed method of financing the redevelopment project which shall set forth the estimated development costs of the project and the proposed sources of funds, debt and equity, to meet such estimated costs; a signed letter of commitment from the financing entity evidencing that construction financing has been approved for the redevelopment project (which letter may be conditioned upon and subject to completion of final plans and specifications, final approval by the City of the development plan, negotiation of the development contract and such other standard conditions as are found in construction financing commitment letters); a detailed statement of the projected revenues and expenses during the first five years in which the project is in operation; and the assurances, including performance bonds, if any, to be given to the City by the corporation and its affiliates for the corporation's performance of its obligations;
p.  Management. A list of the persons proposed to be active in or associated with the management of the redevelopment project during a period of at least two years following completion of construction and a list of the officers, directors and principal stockholders of the corporation;
q.  Qualifications. A statement detailing the experience and qualifications of the person or corporation, including any principals, submitting the proposed development plan and proposed to be actively involved in the overall direction and implementation of the redevelopment project;
r.  Public property. A statement listing any real property in the area in public use or belonging to the City, county, state or any political subdivision, thereof, together with a statement that the consent of such entity, other than City, has been obtained for the acquisition of such property if such property is to be acquired; and
s.  Relocation. A statement of the proposed plan, if any, for the relocation of those persons who will be displaced by the redevelopment project and the estimated costs thereof.

2.  Other information. The development plan may also contain such other statements or exhibits as may be deemed relevant by the corporation or is requested by the Board.

A.  Relates to the area generally;
B.  Relates to each specific property proposed to be acquired by the corporation;
C.  Is sufficient to show that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration, the properties involved have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crime or inability to pay reasonable taxes; and
D.  Is sufficient to support a finding of blight by the Board, in compliance with state law.

A.  The Board may request and receive clarification of any proposed development plan. The Board, in its discretion, may waive any irregularity or omission in any proposed development plan.
B.  Following the public hearing, the Board shall consider the merits of the proposed development plan(s) and, in its discretion, by resolution, preliminarily, either:

1.  Approve a development plan as proposed;
2.  Approve a development plan with modifications and conditions; or
3.  Disapprove a proposed development plan.

C.  Following preliminary Board approval, the person or corporation submitting the proposed development plan shall file evidence with the City Clerk that it is a lawfully organized corporation and that such corporation is in good standing existing under Chapter 353.

A.  A finding that the area qualifies as a blighted area, and that the clearance, redevelopment, replanning, rehabilitation or reconstruction thereof is necessary for public convenience and necessity and constitutes a public purpose;
B.  A finding that construction of the redevelopment project is necessary for the preservation of the public peace, property, health, safety, morals and welfare;
C.  If the Board so determines, the finding and declaration that the exercise of the power of eminent domain by the corporation is necessary to accomplish the purposes of the redevelopment project and is in the best interests of the City;
D.  Authority for the Mayor to enter into a development contract on behalf of the City with the corporation;
E.  A designation of the time within which all real property in the blighted area must be acquired by the corporation, which may include acquisition by phases, and provision for the expiration of development rights, including the right of eminent domain in the event of failure of the corporation to acquire ownership of the real property within the blighted area within the time limits specified;
F.  A provision limiting the use of the blighted area to the use(s) described in the approved development plan for a period of years;
G.  Such other matters as may be deemed relevant by the Board, including, but not limited to, liquidated damages and amount of performance and payment bonds, if any; and
H.  If the Board so determines, a provision authorizing that any surplus earnings in excess of the rate of net earnings provided in Chapter 353 may be held by the corporation as a reserve for maintenance of such rate of return in the future and may be used by the corporation to offset any deficiency in such rate of return which may have occurred in prior years; or to be used to accelerate the amortization payments; or for the enlargement of the redevelopment project; or for reduction in rentals therein.

A.  The real property of a corporation acquired pursuant to this article shall not be subject to assessment or payment of general ad valorem taxes imposed by the City, or by the state or any political subdivision thereof, for a period of not in excess of 10 years after the date upon which such corporation becomes owner of such real property, except to such extent and in such amount as may be imposed upon such real property during such period measured solely by the amount of assessed valuation of the land, exclusive of improvements, acquired pursuant to this article and owned by such corporation, as was determined by the County Assessor for taxes due and payable thereon during the calendar year preceding the calendar year during which the corporation acquired title to such real property; and the amounts of such tax assessments shall not be increased during such period so long as the real property is owned by an urban redevelopment corporation and used in accordance with the development plan authorized by the Board.
B.  In the event, however, that any such real property was tax exempt immediately prior to ownership by any urban redevelopment corporation, such Assessor shall, upon acquisition of title thereto by the corporation, promptly assess such land, exclusive of improvements, at such valuation as shall conform to but not exceed the assessed valuation made during the preceding calendar year of other land, exclusive of improvements, adjacent thereto or in the same general neighborhood, and the amount of such assessed valuation shall not be increased during the period set pursuant to Subsection A of this section so long as such real property is owned by such corporation and used in accordance with the development plan and approved by the Board.
C.  For the next ensuing period not in excess of 15 years, ad valorem taxes upon such real property shall be measured by the assessed valuation thereof as determined by such Assessor upon the basis of not to exceed 50% of the true value of such real property, including any improvements thereon, nor shall such valuations be increased above 50% of the true value of such real property from year to year during such next ensuing period so long as the real property is owned by the corporation and used in accordance with an authorized development plan.
D.  After a period totaling not more than 25 years, such real property shall be subject to assessment and payment of all ad valorem taxes, based on the full true value of the real property; provided that after the completion of the redevelopment project as authorized by law or ordinance, whenever any corporation shall elect to pay full taxes, or at the expiration of the period, such real property shall be owned and operated free from any of the conditions, restrictions or provisions of this section, the approving ordinance and any rule or regulation adopted pursuant to this article.
E.  Notwithstanding any other provision of law to the contrary, payments in lieu of taxes may be imposed by contract between the City and the corporation which receives tax abatement or exemption on property pursuant to Chapter 353. Such payment shall be made to the Collector of Revenue of St. Louis County by December 31 of each year that payments are due. The Board shall furnish the Collector a copy of such contract requiring payment in lieu of taxes. The Collector shall allocate all revenues received from such payment in lieu of taxes among all taxing authorities whose property tax revenues are affected by the exemption or abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.

A.  Upon enactment of an ordinance approving a development plan, the City shall enter into a development contract with the corporation pursuant to the terms and conditions set forth in this article and the ordinance approving the development plan. The corporation shall not have any of the benefits of the ordinance approving the redevelopment plan until it has executed the development contract by its duly authorized officers.
B.  A copy of the development contract between the City and the corporation for carrying out the development plan shall be recorded by the corporation in the office of the Recorder of Deeds of St. Louis County, and proof of such recording shall be filed with the City Clerk. True copies of the development plan approved by the Board by ordinance shall be retained with the authorizing ordinance by the City Clerk.

A.  Prior to the commencement of an approved redevelopment project, the corporation shall comply with all other applicable ordinances, including without limitation, as necessary, all procedures for rezoning, subdivision approval, street vacation and establishment.
B.  The corporation shall pay when due and payable all such fees, licenses and other charges required by the ordinances of the City applicable to such corporation or the redevelopment project to be undertaken.

A.  Building permits. In the event an ordinance approves a development plan for a blighted area, no building permit for construction in the area shall be issued unless the building plans are found by the Director of Public Services to be in substantial compliance with the approved development plan, as same may have been amended, modified or changed by ordinance, for the period during which the development plan is in effect, and in compliance with all other applicable City ordinances.

B.  Investigation and reports. It shall be the duty of the Director of Public Services, after a development plan has been approved by the Board, to investigate and determine from time-to-time during construction of the redevelopment project whether the corporation undertaking such development plan is fully complying with the provisions thereof and its development contract with the City, and all other applicable City ordinances, in the manner and at the times fixed therein for the performance of the various phases thereof. The Director of Public Services shall make periodic reports to the Board and the Mayor regarding same.

C.  Time extension. The Board may, for good cause shown, grant to a corporation operating under an approved development plan an extension of time in which to complete the redevelopment project, or any phase, state or portion thereof.

D.  Recommendation of certification:

1.  When a corporation operating under an approved development plan shall have completed the redevelopment project, or any phase thereof, in accordance with the provisions of the development plan and all applicable City ordinances, the Director of Public Services, upon the written request of such corporation, shall conduct an investigation, and if the Director of Public Services determines that the redevelopment project or such phase thereof has been so completed, he shall recommend to the Board that a certificate of full compliance in recordable form be issued to such corporation for such phase or for the entire redevelopment project, as the case may be.
2.  In the event it is determined that the redevelopment project or any phase thereof has not been so completed, then the Board shall give notice by certified mail, return receipt requested, to the corporation stating the reasons for the finding that there has not been substantial compliance.