[R.O. 1997 § 420.010; Ord. No. 209 § 1005.010, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
This Chapter shall be known and may be cited as "The Subdivision and Development Regulations of the City of Wildwood."
[R.O. 1997 § 420.020; Ord. No. 209 § 1005.020, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
The purpose of this Chapter is to control the division of land within the City of Wildwood in order to promote the public health, safety and general welfare by regulating the division and redivision of land in order to lessen congestion in the streets and highways; to further the orderly development and appropriate use of land; to establish accurate records of land subdivisions; to protect land title; to implement the Master Plan; to secure safety from fire and other dangers; to facilitate adequate and coordinated provisions for transportation, water, infrastructure, schools, parks, playgrounds and other public requirements; to permit the division of larger tracts into smaller parcels of land; to preserve natural features such as stands of trees, streams, significant rock formations, historical landmarks and prehistoric archaeological remains; and, in general, to protect public and private property from erosion and other adverse effects of development; and to facilitate the orderly coordinated, efficient and appropriate development of the City of Wildwood.
[R.O. 1997 § 420.030; Ord. No. 209 § 1005.030, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
Every subdivision and resubdivision of land within the City of Wildwood shall be shown upon a plat and submitted to the Department for its approval or disapproval. All final plats, with the Department's approval or disapproval endorsed thereon, shall be submitted to the City Council for its consideration and approval or disapproval. No plat shall be recorded in the Office of the Recorder of Deeds unless and until as provided for in this Chapter. No lot subject to this Chapter shall be sold unless first established by provisions of this Chapter. No building, grading or other development permit shall be issued for any subdivision, parcel or lot in violation of any standard or requirement of this Chapter.
[R.O. 1997 § 420.035; Ord. No. 209 § 1005.035, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The owner of a lot or parcel of land created prior to the adoption date of this Chapter (February 26, 1996) in violation of Section 420.030 may apply to the Director of Planning for a variance from the subdivision and development regulations for the construction of any one (1) use allowed in the single-family "R" zoning districts ("R-1" through "R-4"), or a single-family detached residence in the remaining "R" Districts. The Director shall investigate the situation, and finding that:
1.
The lot was created by record plat or recorded deed prior to adoption date of this Chapter; and
2.
But for the failure to comply with this Chapter, the lot or parcel of land could be developed; and
3.
The lot or parcel of land was acquired by the present owner for a valuable consideration and in ignorance of the requirements of this Chapter; and
4.
Had proper application been made at the time of the creation of the lot, approval would have been given for lot size and frontage;
shall forward the findings to the City Council which may by order grant the variance upon such terms and conditions as will most equitably preserve the purpose and intent of this Chapter. |
[R.O. 1997 § 420.040; Ord. No. 209 § 1005.040, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
As used in this Chapter, the following definitions apply:
A secondary means of ingress or egress serving more than one (1) tract of land and used primarily for vehicular service, and which may be used for public utility purposes.
A definite point of known elevation and location and of more or less permanent character. The identity and elevation shall be based on United States Geological Survey (USGS) datum. Benchmarks established from 1981 Metropolitan St. Louis Sewer District (MSD) Benchmark Loop System and Missouri Highway and Transportation Department (MHTD) Benchmarks or temporary benchmarks established thereon are acceptable.
An area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks, rural land, drainage channels or other similar areas or facilities.
A line or lines on a plat designating the area outside of which buildings may not be erected, except landings, open balconies and roof overhangs, as permitted in the Zoning Regulations, set out in Chapter 415.
The Planning and Zoning Commission of the City of Wildwood.
That land set aside for open space or retention lakes (excluding stormwater improvements, i.e., detention facilities) or recreational use for the owners of lots in a subdivision, which land is conveyed in trust for the benefit, use and enjoyment of the lot owners.
A form of property ownership under the Condominium Property Act, Chapter 448, RSMo.
The Department of Planning of the City of Wildwood.
The temporary storage of the differential runoff of stormwater by providing permanent facilities, such as dry reservoirs, ponds or other acceptable alternatives.
That person, firm or corporation by whom a tract will be subdivided and improved pursuant to the requirements of this Chapter.
The Director of Planning of the City of Wildwood.
A designated vehicular access way for the servicing of individual lots within a large lot subdivision.
A grant by a property owner to the City, County, State or Federal Government for the purpose of road improvement and widening, road maintenance, sidewalks, public or private utilities and sewers.
A grant by a property owner to the City of Wildwood for the purpose of road maintenance, improvement and widening.
A grant by a property owner to the City or MSD for the purpose of stormwater control.
A grant by a property owner to the City or MSD providing access to stormwater control facilities for maintenance purposes.
A grant by a property owner to a public or private utility company for the purpose of installation, improvement and maintenance of public or private utilities.
A professional engineer registered in the State of Missouri.
A bank, savings and loan association, trust company, attorney or any other person or agency approved by the City Attorney to act as escrow agent under the provisions of Section 420.080 of this Chapter.
Federal Emergency Management Agency.
That area within the City of Wildwood subject to a one percent (1%), or greater, chance of flooding in any given year. This area is designated on the FEMA Flood Boundary and Floodway Maps and the City of Wildwood Zoning Map, and is subject to "FP" Floodplain Regulations of the City of Wildwood Zoning Regulations, set out in Chapter 415.
That edge of a lot bordering a street.
See "street."
Street pavement, turning lanes, traffic signals, bridges and culverts, sidewalk pavement, pedestrian-way pavement, water mains, fire hydrants, storm sewers and roadside drainage ditches, erosion, siltation control, sanitary sewers, signs, monuments, landscaping, streetlights and other similar items.
A land surveyor registered in the State of Missouri.
A parcel of land created under the provisions of this Chapter intended to be separately owned, developed, or otherwise used as a unit.
The area contained within the boundary lines of a lot, exclusive of any area designated for street or common areas and any detention area, whether wet or dry.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
A residential lot with two (2) discernible portions described as follows:
Access Portion. That portion of the lot having frontage on or abutting a public road, with the frontage being sufficient in width for a private drive to serve the building site portion.
Building Site Portion. That portion of the lot not fronting on or abutting a public road, but connected to a public road by the access portion of the lot. The building site portion of the lot must meet the minimum dimensions and area requirements for lots in the particular zoning district.
Any minor subdivision wherein the division or redivision of land meets the criteria set forth in Section 420.110 of this Chapter.
The plan or any portion thereof for the coordinated development of the City of Wildwood and adopted by the Planning and Zoning Commission.
State of Missouri Highway and Transportation Department.
A permanent marker to be made of materials and placed by a land surveyor at locations specified in Section 420.250 of this Chapter.
The Metropolitan St. Louis Sewer District.
A paved vehicle storage area directly adjacent to the multiple-family access street pavement.
An easement or right-of-way designated to facilitate pedestrian access to adjacent streets and properties.
A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, eminent domain or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer, or other similar use.
See "street."
See "building line."
The installation of such devices as sediment ponds, bales of straw, fencing, siltation webbing, sodding, seeding and mulching, or other devices to prevent silting of abutting and adjacent properties and roadways during the period of construction and up to and including such time as permanent ground cover is attained.
The rate of deviation of the ground surface from the horizontal as expressed in percentages.
A general term denoting a public or private way which affords the principal means of vehicular access of abutting property. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court, but shall not include an alley or a pedestrianway.
Collector streets function as secondary land service streets in that they move traffic from the major streets, which distribute traffic regionally, to minor streets, which distribute the traffic to individual lots, parcels and uses within the subdivision, area or neighborhood. Collector streets also may serve individual lots, parcels and uses as a secondary or additional function.
A short, independent, minor street terminating in a circular turnaround.
A minor street generally parallel to and adjacent to arterial streets and highways, which provides access to abutting properties and protection from through traffic.
A short, independent street which usually terminates along the same collector street of its origin.
A street utilized for high vehicular speeds or for heavy volumes of traffic on a continuous route.
Minor streets are exclusively land service facilities for access to abutting properties. These serve the local neighborhood and may be in the form of a cul-de-sac or loop street; provided, however, that any combination of loop and cul-de-sac streets may be utilized without the streets being designated as collector streets provided that such an arrangement serves the same function and also that the maximum fronting lots do not exceed the total which would be allowed within the provisions of the street specifications matrix.
A private way or driveway which affords a means of vehicular access to parking areas and spaces and to abutting buildings in a multiple-dwelling unit subdivision.
A private way which affords the principal means of vehicular access to abutting property.
A subdivision is:
A multiple-family subdivision; or
Any division or redivision of a tract or tracts of land in a residential zoning district; or
Dedication of a new street right-of-way; or
Non-residential subdivision; or
Establishment by easement or construction of any street other than a street for use only by a single-family dwelling that directly accesses any public right-of-way.
A single-family residential subdivision wherein all lots are three (3) acres or more in area and each boundary side is greater than two hundred (200) feet in length.
Any classification of a subdivision wherein the division or redivision of land meets the criteria set forth in Section 420.130 of this Chapter.
A tract of land, whether divided into separate lots or not, which is intended for the construction of duplexes, multiple-family dwellings, row houses and other arrangements of attached or connected building units.
Either:
A subdivision for single-family or other residential purposes.
An area or parcel of land which the developer intends to subdivide and improve, or to cause to be subdivided and improved, pursuant to the requirements of this Chapter.
Any recordable instrument by which common ground is held or maintained or assessments in a subdivision are levied for the administration of specific maintenance obligations or both.
Chapter 415, as from time to time amended, which controls and regulates zoning for the City of Wildwood.
Where not inconsistent with the language or intent herein, the additional definitions set forth in the Zoning Regulations (Chapter 415) as amended are incorporated herein and shall apply.
[R.O. 1997 § 420.050; Ord. No. 209 § 1005.050, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Prior to submitting a preliminary plat for the subdivision of land within the City of Wildwood, a developer may submit to the Department a sketch plan for the tract which shall include the following information, all of which may be based on sources of information other than field survey data:
1.
The location of the tract in relation to the surrounding area.
2.
The approximate location of all existing structures within the tract proposed to be retained and wooded areas within the tract and within one hundred (100) feet thereof.
3.
The names of the owners of all property adjoining the tract as disclosed by the most recent Assessor's record.
4.
All existing streets, roads, and approximate location of wet and dry weather watercourses, floodplain areas, sink holes and other significant physical features within the tract and within five hundred (500) feet thereof.
5.
Approximate location of proposed streets and property lines.
6.
A rough sketch of the proposed site plan, including the most recently available aerial photograph at the appropriate scale for analysis purposes. This photograph shall not be older than two (2) years from the plan submittal.
7.
A north arrow and scale.
8.
Direction of and approximate distance to nearest existing major street intersection.
9.
Approximate location of any historical building as identified by the St. Louis County or City of Wildwood Historic Preservation Commission within the boundaries of the tract and within five hundred (500) feet thereof.
B.
The Department shall review and evaluate the sketch plan as soon as practicable and shall report to the developer its opinion as to the merits and feasibility of the improvements contemplated by the sketch plan.
C.
In the event a developer elects not to submit a sketch plan, all information contained thereon shall be submitted on or with the preliminary plat.
[R.O. 1997 § 420.060; Ord. No. 209 § 1005.060, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The developer shall prepare and submit to the Department such number of copies of a preliminary plat of the tract as shall be required. Such preliminary plat shall be submitted after receipt of the Department's report on the sketch plan, if a sketch plan was submitted. The preliminary plat shall be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals two hundred (200) feet, so long as the scale is an increment of ten (10) feet and shall contain the following information:
2.
A key map and the most recently available aerial photograph at an appropriate scale for analysis purposes showing the tract and its relation to the surrounding area. This photograph shall not be older than two (2) years from the plan submittal.
3.
A north arrow and graphic scale.
4.
The name proposed for the tract or such part thereof as is proposed to be subdivided, which shall be original and not a duplication of the name of any previously recorded subdivision or development in the City of Wildwood. The developer shall include a certification from the Recorder of Deeds Office of St. Louis County to this effect.
5.
The date of plan submission to the Department and the following names and addresses:
6.
The approximate area of the tract stated in tenths of an acre.
7.
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 five hundred (500) feet beyond the limits of the subdivision boundaries. USGS data is required. Included with this information, the appropriate USGS Quadrangle Map highlighting the site's location shall be submitted.
8.
The location of existing and proposed property lines, watercourses, sink holes, areas within the tract subject to inundation by stormwater, railroads, bridges, culverts, storm sewers, sanitary sewers, easements of record, existing buildings including use or other identified improvements that are to remain, and significant natural features such as wooded areas and rock formations.
9.
The location of existing and proposed streets including additional right-of-way along existing streets as required in Section 420.180(A)(1)(j).
10.
The results of tests made to ascertain subsurface rock and soil conditions and the water table.
11.
The zoning district, including delineation of floodplain zoning district, if any, and the township, range, section, and U.S. Survey, school district, fire district, water company, and other special districts in which the tract is located.
12.
Any proposed alteration, adjustment or change in the elevation or topography of any area in a floodplain zoning district or shown on the Federal Emergency Management Agency's (FEMA) Flood Boundary and Floodway Maps.
13.
Approximate area in square feet of minimum and maximum size of lots, if less than one (1) acre in area, and in acres and tenths of acres if one (1) acre or more in area, into which the tract is proposed to be subdivided.
14.
Indicate approximate location of existing and proposed sidewalks and pedestrian walkways.
15.
Indicate proposed building lines and setback requirements.
16.
Proposed type of treatment or method of sewage disposal to include name of trunk line, lateral or qualified sewage treatment system, where applicable.
17.
If the developer intends to subdivide any portion of the parcel into a multiple-dwelling unit subdivision or a subdivision being developed under a special procedure Section of Chapter 415, Zoning Regulations, then the preliminary plat shall, in addition, include the following data:
18.
A certification by registered land surveyor or engineer who prepared the plat that the plat is a correct representation of all existing and proposed land divisions.
19.
Fire district and utility comments must be received prior to preliminary plat approval for developments that have a single ingress and egress, and where variances are requested for pavement width reduction, maximum cul-de-sac length and number of units or lots served on a cul-de-sac.
C.
The Department shall review the preliminary plat with regard to requirements described in this Chapter as soon as practicable, and:
1.
If the plat is satisfactory, the Director or his/her authorized representative shall thereupon affix a notation of approval, date of approval, and his/her signature on the plat, denoting satisfactory compliance with the requirements of this Chapter. The plat shall be returned to the developer who may then proceed in compliance with Section 420.070 of this Chapter.
2.
If the preliminary plat is unsatisfactory, the Department shall give notice to the submitting party in writing, setting forth the conditions causing the disapproval, and the unsatisfactory conditions shall be remedied prior to further consideration by the Department.
3.
Whenever a preliminary plat includes a proposed establishment of common land, and the Department finds that such land is not suitable for common land due to terrain, benefit to a small portion of the lot owners, difficulty of maintenance, or any similar reason, the Department may either refuse to approve such an establishment, or it may require the rearrangement of the lots in the proposed subdivision to include such land.
4.
The approval by the Department of the preliminary plat shall be valid for a period of one (1) year from the date of approval or such longer period as the Director may determine to be advisable if after review by the Department such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or other public requirements. If no record plat of a subdivision of any part of the tract for which a preliminary plat has been approved is recorded within the one-year period, or such longer period as the Director shall permit, a resubmission and review thereof by the Department may be required.
D.
A copy of the preliminary plat shall be transmitted by the Department to the Department of Public Works for their review and comments.
[R.O. 1997 § 420.070; Ord. No. 209 § 1005.070, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
After the preliminary plat is approved, improvement plans for the subdivision of all or any part of the tract shall be submitted for review to the Department.
B.
The non-residential developer may submit improvement plans after the preliminary plat is approved on part of the non-residential subdivision only, and the review of the partial improvement plans shall be as though they were being submitted in their entirety for the complete subdivision, so that the non-residential developer may proceed with the construction and installation of the necessary improvement to a specific industrial site. The cash or bond agreement guaranteeing the installation of the improvements as set forth in Section 420.080 of this Chapter shall cover only that portion of the subdivision improvements required to serve the specific industrial site, and the record plat for such an industrial site shall be approved by the Department in accordance with the terms set forth in Section 420.080 of this Chapter as though improvement plans submitted covered the entire installation of the applicable improvements.
C.
The plans, which detail the construction and types of materials to be used in conjunction with the development of the subdivision, shall be prepared by a registered professional engineer. Any alterations of the common land or improvement within the common land will require the submission of detailed improvement plans and will be considered a required improvement.
D.
Improvement plans shall be prepared on an exhibit not to exceed twenty-four (24) inches by thirty-six (36) inches and shall contain the following information:
1.
Title page, which shall include key map showing the relationship of the area to be subdivided to the tract and which shall reflect areas of the tract previously subdivided plus adjacent streets. In addition, the name, address and telephone number of the developer and engineering firm, as well as a registered professional engineer's seal, should be indicated.
2.
North arrow and graphic scale shall be indicated on each plan sheet.
3.
One (1) or more benchmarks, in or near the subdivision, to which the subdivision is referenced. The identity and elevation shall be based on USGS datum.
4.
List of the standards and specifications followed, citing volume, section, page, or other references.
5.
Grading and paving details conforming to the City of Wildwood standard specifications and requirements.
6.
Details of streets including location and width of all proposed public or private rights-of-way and private roadway easements, existing and proposed sanitary sewers, drainage channels, swales, storm sewers, including adequate natural discharge points, detention facilities and silt control measures.
7.
Plans and profiles of streets and sewers, scale not less than one (1) inch equals fifty (50) feet horizontal and one (1) inch equals ten (10) feet vertical.
E.
The procedure for reviewing improvement plans shall be as follows:
1.
Subdivisions Within The Operating Limits Of MSD. There shall be submitted copies of paving and street grade plans, together with drainage maps and runoff sheets for stormwater, and sanitary sewer plans. The plans may be reviewed concurrently by the Department of Public Works (for review of sanitary laterals and private sanitary mains) and MSD. The Missouri Department of Natural Resources shall be included as one (1) of the reviewing agencies when:
a.
The tract to be developed is located within the operating limits of a private sewer company, other than MSD; or
b.
If the tract to be developed requires a sanitary treatment facility.
Corrections or additions shall be made, if required. After MSD has approved the sanitary and storm sewer plans, the approved plans shall then be submitted to the Department of Public Works for review and final approval. Subsequent to final approval by the Department of Public Works, the plans shall be forwarded to the Department of Planning for verification of compliance with all other applicable provisions of this Chapter and appropriate zoning requirements. Nothing in this Chapter shall prevent the developer from submitting improvement plans to MSD prior to the improvement plans being submitted to the Department of Planning. Complete approval of the plans by all reviewing agencies and payment of inspection fees constitute authority to proceed with construction of improvements necessary to serve the development. |
2.
Subdivisions Not Within The Limits Of MSD. There shall be submitted the required number of paving and street grade plans together with drainage maps and runoff sheets for stormwater. The plans may be reviewed concurrently by the Department of Public Works and the Missouri Department of Natural Resources. Corrections or additions shall be made, if needed. When the plans are satisfactory to those agencies reviewing same, they shall then be submitted for review and verification by the Department. Complete approval of the plans by all reviewing agencies and payment of inspection fees constitute authority to proceed with construction of improvements necessary to serve the development.
F.
Approval of the improvement plans by the respective agencies described above shall be valid for a period of one (1) year from the date of approval, or for such longer period as the Director may determine to be advisable if after review by the Department such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements. If the construction of the improvements shall not have been completed within the one-year period or such longer period as the Director may permit, a resubmission of the improvement plans to the appropriate agencies may be required by the Department.
G.
As-Built Drawing(s) Of Subdivision Improvements. After the sanitary sewers, storm sewers, sidewalks and pavement have been constructed and installed, but before the inspecting agencies recommend final approval or acceptance, the developer shall submit the required number of as-built drawings of the above improvements.
[R.O. 1997 § 420.080; Ord. No. 209 § 1005.080, 2-26-1996; Ord. No. 555 § 1, 8-23-1999; Ord. No. 675 §§ 1—2, 1-8-2001; Ord. No. 1108 §§ 1—2, 8-23-2004; Ord. No. 1684 § 1, 1-11-2010]
A.
Improvement Guarantee Required. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans (required improvements) and guarantee maintenance of such improvements as required herein. Except provided in Subsection (B), the developer shall either:
1.
Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agency and establish a maintenance agreement and provide a deposit to guarantee maintenance of such improvements as required herein; or
2.
Establish a deposit under a deposit agreement with the City of Wildwood guaranteeing the construction, completion, and installation (construction deposit), and a separate deposit amount for maintenance obligations (maintenance deposit), as required herein and for the improvements shown on the approved improvement plans within the improvement completion period approved by the Director, which shall not exceed two (2) years.
B.
Exceptions.
1.
No guarantee or deposit is required with the City for sanitary and storm sewers required by MSD if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow or renewal, extension or replacement thereof.
2.
The Director of Planning or Public Works may require any specific improvement to be installed prior to approval of the record plat where fail to install such improvement prior to further development could result in damage to the site or surrounding properties.
C.
Deposit Options. Deposits required by this Section shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:
1.
Cash deposited with the City Clerk to be held in an interest-bearing account dedicated for that purpose, with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits;
2.
An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney and the Director of Planning or Public Works. The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City Administrator. The letter of credit shall be irrevocable for least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City with submission of a letter of credit and one hundred dollars ($100.00) for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.
3.
Due to the costs of administering deposit guarantees/escrows and the compliance with changing State regulations relating thereto, any developer that elects to use a construction escrow in lieu of completing the improvements, as otherwise provided for in this Chapter and Section 89.410, RSMo., shall deposit an additional fee of five hundred dollars ($500.00) that shall be used by the City to defray costs of administration, legal costs, procedural changes, and other costs not otherwise reimbursed to the City resulting from the City's acceptance of such deposit guarantees. The developer shall be obligated to reimburse the City for any additional costs, including, but not limited to, reasonable attorneys fees, above such deposit amount arising in any way from the City's acceptance of a deposit/escrow in lieu of completion of improvements. The developer may request a refund of any principal amounts, if any, of any initial or supplemented deposit above the costs attributable to the development during the period of the escrow by written request made within thirty (30) days after the developer has received a City approval of all categories of improvements subject to such escrow.
D.
Amount Of Deposit. The amount of the deposit required by this Section shall be calculated as follows:
1.
Construction Deposit. The deposit required of a developer establishing a deposit agreement pursuant to Subsection (A)(2) shall be, in addition to the separate maintenance deposit sum, in the amount of one hundred ten percent (110%) of the Department of Public Works estimate of the cost of the construction, completion and installation of the required improvements. The Director of Public Works shall adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements.
2.
Maintenance Deposit. The deposit required of a developer pursuant to Subsection (A)(1) and (2) for maintenance obligations shall be in the amount of ten percent (10%) of the Department of Public Works estimate of the cost of the construction, completion and installation of the required improvements. The maintenance deposit shall be established by cash sum or submission of a separate letter of credit.
E.
Deposit Agreement—Releases. The deposit agreement shall be entered into with the City of Wildwood, shall require the developer to agree to fulfill the obligations imposed by this Section, and shall have such other terms as the City Attorney may require consistent with this Section. The agreement shall authorize the Director of Planning to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection and approval by the Director of Planning of all required improvements within a category of improvements, or may occur from time to time, as work on specific improvements is completed, inspected and approved; provided, however, that:
1.
Releases—general. The Director shall release the cash or release the letter of credit as to all or any part of its obligation only after construction, completion and installation of some phase of work on the improvements indicated on the approved improvement plans, receipt of requisite written notification from the appropriate inspecting public authority, and approval by the Department; and only in the amounts permitted herein.
2.
Extension Of Completion Period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the Director may grant an extension to the improvement completion period for a period of up to two (2) years if after review by the Department such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; provided, that the Director may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts, or satisfaction of new code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of Section 420.080.
3.
Construction Deposit Releases. After an inspection of any specific improvements, the Director may at the Director's discretion release up more than ninety five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the Director after completion of any component of the guaranteed improvements (i.e., less than all of the improvements in a given category), the remaining amount held for any category of improvements for the entire subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion of all improvements for the subdivision. The Director shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components, and line items shall in no way modify or reduce the developer's guarantee as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item. All improvements in a category shall be deemed complete only when each and every component and line item within a category for the entire subdivision has been constructed and completed as required, the developer has notified the Director in writing of the completion of all components of the category, provided all necessary or requested documentation, and requests an inspection, the developer is not in default or in breach of any obligation to the City under this Section, including, but not limited to, the Director's demand for maintenance or for deposit of additional sums for the subdivision, and the inspection has been completed and the results of the inspection have been approved in writing by the Director. Releases of the maintenance deposit amounts shall be as provided elsewhere in this Section for maintenance deposits.
4.
Effect Of Release—continuing Obligations. The developer shall continue to be responsible for defects, deficiencies and damage to public streets and other required improvements during development of the subdivision. No inspection approval or release of funds from the construction deposit as to any component or category shall be deemed to be City approval of improvement or otherwise release the developer of its obligation relating to the completion of the improvements until the final subdivision release on all improvements and maintenance is issued declaring that all improvements have in fact been constructed as required. Inspection and approval of any or all required improvements shall not constitute acceptance of the improvement by the City as a public improvement for which the City shall bear any responsibility.
5.
Deficient Improvements. No approval of required improvements shall be granted for improvements that fail to meet the specifications established herein or otherwise adopted by the Department of Public Works.
6.
Final Construction Deposit Release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit shall be released; provided, that no such funds shall be released on a final inspection until the development of the subdivision is complete, as determined by the Director of Planning.
7.
Appeals. If the developer believes that a release or certificate of completion has been improperly denied, including, but not limited to, under Subsections (E) or (F), an appeal shall be filed pursuant to the City's Administrative Code, Chapter 150, and no such denial shall be deemed final until such appeal procedure has been exhausted.
8.
The Department of Public Works shall inspect each category of improvement or utility work within twenty (20) business days after a request for such inspection has been filed with the department by the developer and no inspection shall be required until such request is received by the department. For purposes of this Section, an inspection request shall constitute and occur only on a completed written request on a form that shall include:
a.
The category of improvement reflected in the deposit agreement that is requested to be inspected;
b.
An engineer's certification that the category of improvement has been installed and on the date of inspection application is maintained and in conformance with the final approved improvement plans and all applicable requirements thereto and is therefore ready for inspection; and
c.
A verified statement from the representative officer of the developer attesting that the information in the inspection request is true and accurate.
Nothing herein shall preclude the Department from completing additional inspections at its discretion or as a courtesy to the Developer. |
F.
Maintenance Guarantee.
1.
Scope And Duration. Upon commencement of installation of the required improvements within the subject subdivision, the developer shall be responsible for the maintenance of the improvements, including undeveloped lots, streets, sidewalks, common areas, and storm and drainage facilities, until the sooner of the expiration of eighteen (18) months after acceptance for public dedication of the specific improvement by the City, or expiration of eighteen (18) months after occupancy permits have been issued on ninety-five percent (95%) of all of the lots in the subdivision plat(s) subject to the deposit agreement. Maintenance shall include repair or replacement of all defects, deficiencies and damage to the improvements that may exist or arise, abatement of nuisances caused by such improvements, removal of mud and debris from construction, erosion control, grass cutting, removal of construction materials (except materials to be used for construction on the lot or as permitted by site plan), and street deicing and snow removal. All repairs and replacement shall comply with City specifications and standards. Any maintenance on improvements accepted by the City for public dedication shall be completed under the supervision of and with the prior written approval of the Director of Public Works. The maintenance obligation for required improvements to existing public roads or other existing public infrastructure already maintained by a public governmental entity shall terminate on and after the date such improvements have been inspected, deposit released, and accepted by the Governing Body of the governmental entity for dedication. Irrespective of other continuing obligations, the developer's street deicing and snow removal obligations shall terminate on the date a street is accepted by the City for public maintenance.
2.
Maintenance Deposit—amount—use.
a.
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection (G) and other remedies of this Code, shall be subject to the immediate order of the Director of Public Works or Planning to defray or reimburse any cost to the City of maintenance or repair of improvements related to the subdivision which the developer fails or refuses to perform. Such costs shall include off-site damage caused by deficiencies in the improvements or failure of maintenance. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the Director of Planning shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City. The Director shall have the authority to require the maintenance deposit to be placed or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.
b.
In determining the amount of maintenance deposit that shall continue to be held, portions of the deposit amount that were attributable to improvement that have been accepted by any third-party governmental entity or utility legally responsible for the maintenance of the improvement may be released upon such acceptance of the improvement by the entity. The Director of Planning may approve such further releases if it is determined in his/her discretion, after inspection of the improvements, that the total maintenance amount retained is clearly in excess of the amount necessary for completion of the maintenance obligation, after all reasonable contingencies are considered.
3.
Final Maintenance Deposit Release. Upon expiration of the maintenance obligations established herein, the Director of Planning shall cause a final inspection to be made of the required improvements. Funds shall then be released if there are no defects or deficiencies found and all other obligations are shown to be satisfied on inspection thereof, or at such time thereafter as any defects or deficiencies are cured with the permission of, and within the time allowed by, the Directors of Public Works and Planning This release shall in no way be construed to indemnify or release any person from any civil liability that may exist for defects or damages caused by any construction, improvement or development for which any deposit has been released.
G.
Failure To Complete Improvements. The obligation and rights of the developer to construct, complete, install and maintain the improvements indicated on the approved improvement plans and provide for street maintenance shall not cease until the developer shall be finally released by the Director, nor shall any deposit agreements or obligations hereunder be assignable or transferable by developer. Furthermore, in the event of a default, abandonment, or failure of the developer to complete the improvements, no other person, firm, entity shall acquire (whether by contract, judicial foreclosure or other means) any rights to the remaining escrow funds as a developer without entering into a separate deposit agreement with the City. If, after the initial improvement completion period or after a later period as extended pursuant to this Section, the improvements indicated on the approved improvement plans are not constructed, completed, installed, accepted and maintained as required, or if the developer shall violate any provision of the deposit agreement, the Director may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision during any period in which the developer is in violation of the deposit agreement or Subdivision Code relating to the subdivision. If the developer fails to cure any default or present compelling reason why no default should be declared, the Director shall declare the developer in default and may take any one (1) or more of the following acts:
1.
Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be then placed in an appropriate trust and agency account subject to the order of the Director of Public Works or Planning for such purposes as letting contracts to bring about the completion or maintenance of the improvements indicated on the approved improvement plans or other appropriate purposes in the interest of the public safety, health and welfare; or
2.
Require the developer or surety to pay to the City the balance of the surety not theretofore released; or
3.
Require the developer to submit an additional cash sum sufficient to guarantee the completion or maintenance of the improvements indicated on the approved improvement plans after recalculation in order to allow for any inflated or increased costs of constructing or maintaining the improvements.
The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), and including the payment of funds to the City due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, and no right to any extension shall exist or be assumed. |
H.
Other Remedies For Default. If the developer or surety fails to comply with the Director's requirements for payment as described above or fails to complete the improvements as required or otherwise violates the deposit agreement provisions, and there is a risk that development will continue in the subdivision without the timely prior completion of improvements or compliance with deposit agreement provisions, the Director may in addition or alternatively to other remedies:
1.
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 shall give the developer ten (10) days' written notice of an order under this Subsection, with copies to all sureties, as appropriate, 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 is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Director 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 surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the Director at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director.
a.
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF WILDWOOD DIRECTOR OF PLANNING. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF WILDWOOD DIRECTOR OF PLANNING REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 420, CITY OF WILDWOOD REVISED ORDINANCES. |
b.
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF WILDWOOD DIRECTOR OF PLANNING. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF WILDWOOD DIRECTOR OF PLANNING REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 420, CITY OF WILDWOOD REVISED ORDINANCES. |
The Director of Public Works shall not thereafter authorize construction to take place contrary to the Director's order. The suspension shall be rescinded in whole or in part only when the Director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided; or |
2.
Suspend the rights of the Developer, or any related entity, to construct structures in any development platted after the effective date of such suspension throughout City of Wildwood and such incorporated areas as are under City of Wildwood jurisdiction. The Director shall give the developer ten (10) days' written notice of an order under this Subsection, with a copy to sureties known to the Director to have obligations outstanding on behalf of the developer or related entities 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 is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Director shall order construction suspended. The order shall be served upon the developer, with a copy to the surety as appropriate, and a copy recorded with the Recorder of Deeds. The Director of Public Works shall not thereafter authorize construction to take place contrary to the Director's order. The suspension shall be rescinded only when the Director is convinced that completion of the improvements is adequately assured and public street maintenance as assured.
I.
Suspension Of Development Rights. From and after the effective date of this Section if a developer, or any related entity, has a subdivision development improvement guarantee that is in default, as determined by the Director, including any escrow or bond under any prior version of this Section,
1.
The Director shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (H) of this Section; and
2.
The rights of the Developer, or any related entity, to receive development approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development in the City, shall be suspended. The suspension shall be rescinded only when the Director is convinced that completion and maintenance of the improvements is adequately assured.
J.
Additional Remedies. If any party fails to comply with any obligation of this Section, the Director may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a Developer's deficiencies or breached obligations under this Code by setoff of any funds or assets otherwise held by the City of the Developer to the maximum extent permitted by law. Such setoff shall occur upon written notice of such event by the Director of Planning or Director of Public Works to the Developer after the Developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter that the developer shall pay the City's costs, including reasonable attorney's fees, of enforcing such agreement in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under the City's administrative review procedure.
K.
Related Entities. For purposes of this Section, "related entity" has the following meaning: a developer is a related entity of another person:
1.
If either has a principal or controlling interest in the other, or
2.
If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other.
The identification of related entities shall be supported by documentation from the Secretary of State's Office, Jefferson City, Missouri. |
[R.O. 1997 § 420.085; Ord. No. 209 § 1005.085, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
Before the developer's obligation to the City of Wildwood is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting agency and accepted for maintenance or given final approval by the City of Wildwood. Approval of any preliminary or final plat or plan shall not create a vested right in all or any portion thereof. Where a change in circumstances or law or discovery of new facts occurs, the Director of Planning may initiate changes that would not cause an undue hardship in any such plat or plan, or portion thereof, for which building construction has not substantially commenced.
[R.O. 1997 § 420.090; Ord. No. 209 § 1005.090, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The record plat shall substantially conform to the preliminary plat. A record plat shall delineate all developed lots created by the plat except as follows. If a record plat does not include all property in an approved preliminary plat, or all remaining property where previous record plats of a portion of the subdivision have been recorded:
1.
In a single-family or multiple-family subdivision, no property may be omitted:
a.
If a resulting tract is less than (10) acres in area or any resulting side of an omitted tract is less than three hundred (300) feet in length, unless such a side is the original boundary of the original legally existing tract. Until subdivided, such omitted tract is a developable lot, on which no more than one (1) residence may be constructed; or
B.
A multiple-family subdivision tract may be developed in two (2) or more phases, which shall be clearly indicated on the record plat. The record plat for each phase shall include all previous phases and a reference to the book and page of their recording, and all future phases. Areas designated as future phases need not indicate easements or parking and drive locations, and are not developable until such phases are recorded. Improvement plans and installation or guarantee of improvements are not required for areas designated as future phases, except that the Department may require such improvements as are necessary to serve the phase proposed for present development.
C.
Multiple-family subdivision record plats, or the phase proposed for present development of multiple-family tracts to be developed in phases, shall establish all necessary easements and parking and drive locations. The plat shall contain script restricting parking and drive areas to such purposes.
D.
The record plat shall be on tracing cloth, drafting film, or the equivalent, together with copies of any deed restrictions which are required by ordinance, where such are too lengthy to be shown on the plat, and shall be submitted to the Department for its approval. A copy of the plat should be submitted to the City of Wildwood for review and comment. Script corrections can be made after approved by City Council, but prior to recording. Upon approval on the final plat by the City Council, the Director shall place a signature on the plat with the date of such approval.
E.
The record plat shall be filed with the Recorder of Deeds within one hundred twenty (120) days after approval by the City Council. If any record plat is not filed within this period, the approval shall expire.
[Ord. No. 2768, 3-13-2023]
F.
The record plat shall be prepared by a registered land surveyor, at any scale from one (1) inch equals twenty (20) feet to one (1) inch equals one hundred (100) feet in any increments of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six (36) inches by forty-two (42) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the Department may permit a variation in the scale or size of the record plat. If more than one (1) sheet is required, a key map on Sheet No. 1 showing the entire subdivision at reduced scale shall be provided if required by the Department.
G.
The record plat shall be executed by the owner and lienors.
H.
The record plat shall show and be accompanied by the following information:
1.
North arrow and graphic scale.
2.
The boundary lines within the outboundary lines of the subdivision with accurate distances and bearings; also all section, U.S. Survey and congressional township and range lines; and the boundary lines of municipalities; sewers, schools, and other legally established districts within and the name of or description of any of the same adjacent to or abutting on the subdivision.
3.
The lines of all proposed streets and alleys with their widths and names.
4.
An accurate delineation of any property offered for dedication to public use.
5.
The line of departure of one street from another.
6.
The boundary lines of all adjoining lands and the right-of-way lines of adjacent streets and alleys with their widths and names.
7.
All lot lines and an identification system for all lots and blocks.
8.
Building lines, including minimum side and rear yard setbacks on a typical lot and easements or rights-of-way provided for public or private use, services, or utilities, with figures showing their dimensions, and listing types of uses that are being provided.
9.
All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines, and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.
10.
All survey monuments, together with the descriptions.
11.
Area in square feet for each lot or parcel on the plat or a supplemental sheet showing same.
12.
Name of subdivision and description of property subdivided, showing its location and area.
13.
Certification by a land surveyor who performs the property survey to the effect that the plat represents a survey made by him/her, and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The month and year during which the survey was made shall also be shown.
14.
Private restrictions and trusteeships where required by ordinance and their periods of existence. Should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
15.
When elderly housing is being developed on site and a variance has been granted per Chapter 415, Section 415.280(D)(13), regarding elderly housing, shall be indicated in the title.
16.
The subdivision name approved on record plat shall constitute the subdivision's official name. When a subdivision name has been changed, all subsequent plats submitted for processing shall reference the original name, which should include names recorded on site development concept and section plans. Any other name used for advertising or sales purposes does not constitute an official revised name unless approved on a plat of record approved by the City Council.
17.
If the developer places restrictions on any land contained in the subdivision that is greater than those required by Chapter 415, Zoning Regulations, or this Chapter, such restrictions or references thereto should be indicated on the plat.
18.
Zoning district, and zoning district boundary line when property is located in more than one (1) district, special procedure or planned district and ordinance numbers or date of order (density development) when applicable.
19.
Accurately note elevation referring to mean USGS datum for permanent benchmark.
20.
Cumulatively, all record plats shall contain enough common land to support the lots platted. All remaining common ground is to be platted with the recording of the final lot, unit or phase of the development.
I.
Prior to the Department forwarding the record plat to City Council, the developer shall provide the Department with the following documents as they may be applicable:
1.
Guarantee of installation of water mains from Missouri-American Water Company.
2.
Streetlighting contract from AmerenUE. Submittal of contract is optional and is to be accepted in lieu of an increased value for escrow of actual construction costs.
3.
Verification of street names and addresses from U.S. Postal Service-Customer Services Department.
4.
Verification of location of fire hydrants and adequacy of water supply from applicable fire district.
5.
Tax certificate or copy of paid tax bill from the Office of the St. Louis County Collector of Revenue and Clerk of the City of Wildwood.
6.
Highway inspection fees or payment verification from the City of Wildwood Department of Public Works of highway inspection fees paid.
7.
Subdivision processing fees.
8.
Any special study or engineering calculations required.
9.
Trust indenture and warranty deed for common land conveyance, accompanied by a letter of compliance from an attorney.
10.
Letter from sanitary sewer company certifying connection fees have been paid.
11.
Verification of proper placement of survey monuments from the Department of Public Works.
[R.O. 1997 § 420.095; Ord. No. 209 § 1005.095, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), private streets, streetlighting, drainage facilities such as detention basins and drainage pipe and ditches or any other improvement that requires continuous maintenance, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this Chapter. For single-lot developments and developments with no common ground the Department may accept script certifying the means of maintenance on the record plat. Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that the common land be used for the benefit, use and enjoyment of the lot owners present and future and shall be the maintenance responsibility of the trustees of the subdivision and that no lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot.
B.
Any trust indenture required to be recorded, or recorded for the purpose of compliance with provisions of this Chapter or Chapter 415, Zoning Regulations, shall provide for not less than the following representation of purchasers of developed lots among the trustees: one-third (1/3) of the trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after seventy-five percent (75%) of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.
C.
Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the City Council may, upon the petition of any concerned resident or property owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his/her services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision and which shall not be subject to any limitation on special assessments contained in the trust indenture or elsewhere.
D.
A trust indenture shall be required for a large-lot subdivision only in the event that common land is contained within the subdivision.
E.
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 deeds and trust indenture. The deeds and indenture shall be approved by the Department and the City Attorney prior to being filed with the Recorder of Deeds of St. Louis County simultaneously with the recording of the record plat, with a copy to be filed with the City of Wildwood.
F.
Term of indentures for all types of subdivisions, including planned districts and special procedures, shall be for the duration of the subdivision. In the event the subdivision is vacated, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with it ownership in the common land, and no interest in the common land shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.
[R.O. 1997 § 420.110; Ord. No. 209 § 1005.110, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
No lot split shall be recorded in the Office of the Recorder of Deeds unless and until approved by Department of Planning in compliance with this Section.
B.
Whenever there is a tract or previously subdivided parcel under single ownership which is to be resubdivided into two (2) lots, and which exists as a legal lot of record, such a division may be designated as a lot split if the following criteria are met:
1.
No additional improvements are required that would necessitate the posting of an escrow or bond, including concrete sidewalks, water mains, and landscaping within a street right-of-way dedication. Establishment of a right-of-way only shall not be construed as an improvement in this Section.
2.
No provisions for common land or recreational facilities are included in the proposal.
3.
The use of the lot split procedure does not adversely affect the subject parcel or any adjoining properties.
4.
The proposed lot split is not in conflict with any provisions of Chapter 415, Zoning Regulations, of any special procedure permit, or of this Chapter.
5.
No variances are required from this division.
C.
The procedure for approval of a lot split shall be as follows:
1.
Two (2) drawings of a certified survey, prepared by a land surveyor registered in the State of Missouri on paper not less than eight and one-half (8 1/2) inches by eleven (11) inches in size showing the following shall be submitted:
a.
A legal description of both the original lot and each of the proposed lots. This must be surveyed and performed by a registered surveyor.
b.
North arrow and graphic scale.
c.
Location of proposed and existing streets and adjoining property.
d.
Location of all existing buildings.
e.
Within their boundaries approval of the Missouri-American Water Company and the Metropolitan St. Louis Sewer District shown on the tract drawings.
f.
Name, address and telephone number of the owner of record and a copy of the deed of record.
2.
The following items shall accompany the required survey:
3.
The Department shall review the proposed lot split to insure compliance with all design and improvement requirements of this Chapter and Chapter 415, Zoning Regulations. Lot splits found to be in compliance with the above requirements shall be approved by the Department and shall be recorded with the Recorder of Deeds of St. Louis County, with a copy filed with the City of Wildwood.
[R.O. 1997 § 420.130; Ord. No. 209 § 1005.130, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
A subdivision shall be considered a minor subdivision if the division or redivision of land does not establish more than four (4) lots wherein all the following criteria are met:
1.
The proposed subdivision of land does not include an improvement within a street right-of-way, other than concrete sidewalks, landscaping, monuments, lateral extensions of sanitary and storm sewers, and water mains. Establishment of a right-of-way only shall not be construed as an improvement in this Section. However, concrete sidewalks, landscaping, streetlights, monuments, and water mains shall be required unless waived. Requirement of any additional improvements or the use of any special procedure of Chapter 415, Zoning Regulations, shall disqualify the proposed subdivision from consideration as a minor subdivision.
2.
The proposed subdivision of land does not include a provision for common land or recreational facilities.
3.
The proposed subdivision of land does not adversely affect, as determined by the Director of Planning, the development of the parcel proposed for subdivision as well as the adjoining property.
4.
The proposed subdivision of land is not in conflict with any provisions of Chapter 415, Zoning Regulations, or this Chapter.
5.
Where a minor subdivision is proposed that fronts on the existing City or County maintained road that is proposed for widening improvements as determined by the Department of Planning after a report from the Department of Public Works, the developer may request to have waived the submission of improvement plans for the construction of sidewalks which involve extensive grading, steep topography, or other unusual conditions which would prohibit construction, verified by the Department of Public Works and, in lieu thereof, post bond or escrow to insure that the sidewalks will be installed as part of the street widening improvement.
B.
The Director may waive without a variance request the requirement of submission of all other plans except the record subdivision plat. However, in such cases, pertinent data as required by the Department and set forth in Section 420.060, Preliminary Plat, shall be submitted to the Department for review.
C.
If the requirement of submission of all other plans except the record subdivision plat has not been waived, improvement plans for sidewalks may be required and shall be submitted for review and approval in accord with provisions of Section 420.070 of this Chapter. Further, the developer shall prepare and submit to the Department such number of copies of a preliminary plat of the tract as required by Section 420.060, Preliminary Plat.
[R.O. 1997 § 420.135; Ord. No. 209 § 1005.135, 2-26-1996; Ord. No. 568 § 1, 9-25-2000; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Where the proposed division of land constitutes a large-lot subdivision, the following supplemental provisions shall apply:
1.
Lot Design Standards. The standards of Section 420.150 shall apply in addition to the following:
a.
Access for proposed lots shall be provided by either private roadway easements, which may be included as part of the gross area of the lot, or public right-of-way dedications (when compatible with the City's Master Plan). Lots with double frontage shall normally have driveway access to the internal private roadway or minor street. All access shall be flood-free in design (floodplain limits shall be defined by the Federal Insurance Rate Map promulgated by the Federal Emergency Management Agency or as directed by the City of Wildwood Director of Public Works). Any other access shall be approved where justifiable topographic and other site conditions are presented which prohibit access from the internal street.
b.
Building setbacks of the zoning district shall be observed from designated private roadway easement lines and public right-of-way.
c.
Where there is a question as to the feasibility of access to a building site due to factors such as creeks, floodplain, steepness of terrain, or other adverse natural physical conditions or the existence of traffic issues, lighting considerations, or engineering problems, the Department may withhold approval until these studies are presented to the Department which establish that the site is accessible, safe, and designed in accord with its physical characteristics and the surrounding development pattern.
d.
All lots containing three (3) acres more shall have a minimum width at the building line of two hundred (200) feet.
e.
Minimum frontage width shall be determined at the building line, except that lots fronting on a circular turnaround shall have a minimum width at the required building line of one hundred (100) feet.
2.
Improvements.
b.
Improvements shall be installed and guaranteed in accordance with Section 420.080 of the City of Wildwood Subdivision Code.
c.
Streets.
(1)
Access roadway easement or rights-of-way shall have a minimum width of forty (40) feet, which must extend to an existing public right-of-way.
(2)
When a large-lot subdivision is proposed adjacent to or accessing a street that is accepted and maintained by the City of Wildwood or St. Louis County (arterial roads), right-of-way dedication may be required as necessary for the relocation or widening for an adjoining County or City road.
(3)
Private and public streets shall be constructed and adhere to the design criteria and requirements of the City of Wildwood's Rural Roadway Standards for these improvements.
(4)
Where multiple plats or further development is contemplated to access a private road, each plat shall include similar road maintenance provisions ensuring cross-access rights and maintenance obligations.
d.
Sidewalks or multiple-use trails shall be required for large-lot subdivisions, unless waived by the Director of Public Works due to topographic problems or similar engineering considerations, site characteristics, condition and extent of existing pedestrian network, or safety considerations and accident rates. Sidewalks or trails shall comply with the City's design criteria requirements and be constructed as directed by the Department of Public Works.
e.
Water Supply. Public water shall be utilized in all instances, if reasonably accessible. In the absence of a public water supply, wells shall be constructed or a connection to a private water supply system shall be provided so that an adequate supply of potable water will be available to every lot in the subdivision. The standards for same shall comply with the requirements of the Missouri Department of Natural Resources.
f.
Stormwater Improvements. Stormwater drainage improvements shall be required in conformance with Section 420.290 of the City of Wildwood Subdivision Code.
g.
Sanitary Sewers.
(1)
Where an approved public sanitary sewer is within two hundred (200) feet or reasonably accessible of a site, a connection of the residential subdivision is required.
(2)
Where an approved publicly or privately owned sanitary sewer is not located within two hundred (200) feet or not reasonably accessible, but where plans for installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Department of Natural Resources, the Department of Public Works, Metropolitan St. Louis Sewer District, or private sewer district, within their limits, the developer shall install sewers in conformity with such plans, although a connection to an existing main may not be immediately practicable. In such cases, and until a connection is made with an approved publicly or privately owned sewer system, the use of a sewage treatment facility will be permitted, provided such disposal facilities are constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and the Zoning Ordinance and constructed under the observation and inspection of Metropolitan St. Louis Sewer District or private sewer company, within its limits, and the Department of Public Works.
(3)
Where no sewers are accessible and no plans for same have been prepared, the developer shall install sewer lines and a disposal system in accordance with the requirements of the preceding Subsection and Section 420.300; provided, that the Director of Planning shall have the authority to waive the centralized treatment for subdivisions of seven (7) lots or less, where such system is not possible and the waiver is consistent with the intent of the Code.
h.
Street signs shall be required for large-lot subdivisions at the intersections of any designated private roadway easements and where said easements access an existing or proposed publicly maintained street. Such signs shall be placed within an easement or the public right-of-way in accord with the standards of the City of Wildwood.
i.
In a large-lot subdivision, a streetlight shall be required only at each intersection of a private roadway easement with an existing or proposed public maintained street.
j.
A landscape plan shall be required for large-lot subdivisions. The landscape plan shall indicate compliance with the City of Wildwood Municipal Code, Chapter 410, Tree Preservation and Restoration Code and accompanying Tree Manual.
k.
The dedication of easements for multiple-use trails within these large-lot subdivisions may be required, where consistent with the intent of the City's Master or Parks Plans, preferably adjoining the private roadway easement. These trails may be in lieu of required sidewalks where internal circulation will be adequately accomplished.
l.
For large-lot subdivisions, monuments shall be required at corners and angle points of the outboundary only. Boundaries of individual lots shall be identified by monuments at their corners, and at other such locations selected by the developer. Public streets within a large-lot subdivision shall contain monumentation to identify the street right-of-way as required for subdivisions of lots of less than three (3) acres.
3.
Private Agreements.
a.
A trust indenture shall be required for a large-lot subdivision and shall address maintenance of any common land, common sewage treatment facilities, or recreational facilities contained within the subdivision as well as streetlights and roads.
b.
Private restrictions proposed for the subdivision shall be reviewed by the Department of Planning.
[R.O. 1997 § 420.140; Ord. No. 209 § 1005.140, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The following procedure shall be followed for the vacation of subdivisions:
1.
Whenever any person may desire to vacate any subdivision or part thereof in which he/she shall be the legal owner of all of the lots or may desire to vacate any lot, such person or corporation may petition the City Council giving a distinct description of the property to be vacated and the names of the persons to be affected thereby.
2.
The petition shall be filed together with a filing fee in the sum of two hundred dollars ($200.00) 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 Chapter 415, Section 415.560(D)(1) of the Zoning Regulations, as amended.
3.
If no opposition be made to the petition, the City Council may vacate the same with such restrictions as they may deem for the public good. If opposition be made, the petition shall be set down for public hearing before the City Council.
4.
Prior to City Council action, the petition shall be referred to the Department of Planning for review and comment.
5.
If the developer fails to cure all non-compliance with improvement requirements, the Director may initiate proceedings to vacate the undeveloped portion of the subdivision. For the purpose of this Section, the undeveloped portion of the subdivision does not include lots which have been sold or are under bona fide contract for sale to any person for personal use or occupancy.
[R.O. 1997 § 420.145; Ord. No. 209 § 1005.145, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The size, shape and orientation of lots and the orientation of structures shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common land (if any), other structures, and adjacent land uses. Due regard shall be given to natural features such as large trees, unusual rock formations, watercourses, and sites which have historical significance, scenic views, and similar assets, the preservation of which would add attractiveness and value to the subdivision. Additionally, any development within any Archaeological District shall be required to provide an appropriate analysis of the site and its characteristics. Said study shall be prepared by an acknowledged expert in the field with approval from the City of Wildwood.
B.
The approval of any subdivision shall also be subject to conformity of the plan with the City Street and Transportation Plan and applicable zoning, grading, tree preservation, natural resource, and other development standards established by City ordinance or other law. Approval of subdivisions not conforming to such standards shall be permitted only where a variance is expressly authorized within such standard or elsewhere, provided the variance is only to the extent necessary and there exists mitigating considerations which justify the variance.
[R.O. 1997 § 420.150; Ord. No. 209 § 1005.150, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The design standards set forth in this Section are the minimum design standards to be used by the single-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter, as applicable to all subdivisions, shall apply to residential subdivisions as well.
1.
Street Frontage.
a.
Each proposed lot shall front upon a street accepted by the City of Wildwood or improved to the standards and specifications of the City of Wildwood.
b.
Double frontage.
(1)
Lots with double frontage should be avoided, except where necessary to provide separation of the subdivision from traffic arteries, or as otherwise required by topography or similar conditions.
(2)
A solid fence or other improvement (including walls, plantings or berms) may be required by the Director of Planning as necessary for screening along the line of lots abutting such an arterial street.
(3)
Lots with double frontage shall normally have driveway access to the internal subdivision street or minor street.
(4)
Driveway access to the street shall not be located within ten (10) feet of an existing street catch basin.
2.
Lot Area Calculations.
b.
Where additional widening strips are dedicated on existing streets, calculations of the area of a lot shall not include widening strips in determining the gross area of the lot, except that private roadway easements for the servicing of large-lot subdivisions may be included as part of the gross area of the lot.
3.
Minimum Width Of Lots At Required Building Line.
a.
Residential lots shall conform to the following minimum requirements:
(1)
All lots containing an area of less than seven thousand five hundred (7,500) square feet shall have a minimum width at the required building line of fifty (50) feet.
(2)
All lots containing an area of seven thousand five hundred (7,500) square feet, but less than ten thousand (10,000) square feet, shall have a minimum width at the required building line of sixty (60) feet.
(3)
All lots containing an area of ten thousand (10,000) square feet, but less than fifteen thousand (15,000) square feet, shall have a minimum width at the required building line of seventy (70) feet.
(4)
All lots containing an area of fifteen thousand (15,000) square feet, but less than twenty-two thousand (22,000) square feet, shall have a minimum width at the required building line of eighty-five (85) feet.
(5)
All lots containing an area of twenty-two thousand (22,000) square feet, but less than one (1) acre, shall have a minimum width at the required building line of one hundred (100) feet.
(6)
All lots containing one (1) acre, but less than two (2) acres, shall have a minimum width at the required building line of one hundred twenty-five (125) feet.
(7)
All lots containing two (2) acres, but less than three (3) acres, shall have a minimum width at the required building line of two hundred twenty-five (225) feet.
(8)
All lots containing three (3) acres or more shall have a minimum width at the required building line of two hundred (200) feet.
4.
Circular Turnaround.
a.
Frontage. The minimum width required for a lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way line, at a distance from the street right-of-way line equal to the depth of the required front yard plus ten (10) feet.
b.
Building Line. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, the Zoning Regulations may require a greater front yard or building line setback.
c.
The minimum width at the right-of-way line for lots fronting a circular turnaround shall be not less than thirty-six (36) feet.
5.
Side Lot Lines. Side lot lines shall be right angles to straight streets and radial to curved streets except when radial lot lines detract from the desirability of the lot.
6.
Corner Lots.
a.
Corner lots for residential use shall have adequate width to permit appropriate building lines from both streets.
b.
Corner lots located at the intersection of major and minor roadways shall normally have driveway access from the minor roadway, if possible. Driveways shall be located as far from the street intersection as practicable and will not under any circumstances be permitted within the sight distance triangle serving the intersection as described in Chapter 415, Zoning Regulations.
7.
Flag Lots.
a.
Flag lots will be allowed for lots that contain a minimum of twenty thousand (20,000) square feet. Flag lots of lesser area may be approved by the Director of Planning.
b.
The access portion of such lots shall have a minimum width of forty (40) feet.
c.
Flag lots shall not be further subdivided into additional lots unless a public road is constructed to City standards.
d.
No more than two (2) flag lots may have adjoining driveway entrances to a public right-of-way.
e.
The front building line for flag lots shall be established on both the access portion and on the building site portion of the lot in accord with provisions of the particular zoning district.
8.
Exceptional Development Conditions. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Department may, after adequate investigation, withhold approval of such lots until engineering studies are presented to the Department which establish that the method proposed to meet any such condition is adequate to avoid any danger or detriment to health, life, or lot improvement.
9.
Landscaping. Whenever a residential subdivision abuts a non-residential subdivision, a permanently landscaped buffer strip twenty-five (25) feet in width shall be provided.
[R.O. 1997 § 420.155; Ord. No. 209 § 1005.155, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The design standards as set forth in this Section are the minimum standards for the multiple-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter as applicable to all subdivisions shall apply to multiple-family subdivisions as well.
1.
Lots.
a.
A multiple-family residential subdivision may consist of only one (1) parcel of land or may include separate lots for one (1) or more multifamily buildings or may include separate lots for each dwelling unit.
b.
If divided into lots, such lots shall not be deemed lots for the purpose of determining minimum lot area as provided in Chapter 415, Zoning Regulations; providing, however, that the total number of dwelling units does not exceed the maximum density requirements of the zoning district or of any special procedure ordinance enacted pertaining to the tract.
2.
Street Frontage. Any such lots need not front or abut directly on a street providing that suitable access and easements are provided for both vehicular and pedestrian traffic.
3.
Multiple-Family Access Streets. Notwithstanding any other provision of this Chapter, private roadways primarily intended to service parking areas as determined by the Department shall not be considered streets for the purpose of Section 420.270, Sidewalks. However, pedestrian access must be provided from the interior of the development to the public right-of-way sidewalks.
4.
Landscaping.
a.
In the event the developer submits an alternate landscape plan under Section 420.340(B)(3), trees need not be located between the edge of the pavement and the building line providing that the Director finds that the proposed alternate landscape plan enhances the value and attractiveness of the subdivision.
b.
Whenever a residential subdivision abuts a non-residential subdivision, a permanently landscaped buffer strip thirty (30) feet in width shall be provided.
5.
Circular Turnaround—frontage. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, Chapter 415, Zoning Regulations, may require a greater front yard or building line setback.
6.
Parking Areas.
a.
Parking bays on multiple-family access streets may be accepted by the Department to satisfy off-street parking space requirements in multiple-family subdivisions.
b.
Parking areas should be of sufficient dimension to accommodate a nine by nineteen (9 x 19) foot parking bay independent of the driveway aisles. All multiple-family access drives and internal parking lot aisles shall be not less than twenty-two (22) feet in width.
7.
Yard Limitations. In the event the plan proposes the construction of dwelling units either with walls joined together or having a common wall but on separate lots, such group of dwelling units or walls or both shall be deemed one (1) structure for the purpose of determining the side, front, and rear yard limitations of Chapter 415, Zoning Regulations.
8.
Party Wall Cross-Easement Agreements. If the proposed subdivision necessitates the creation of party wall agreements, cross-easements, or other similar agreements to be of record for the use and benefit of two (2) or more dwelling units, the developer shall submit to the Department all such agreements or indentures at the time of submission of the record plat for approval.
[R.O. 1997 § 420.160; Ord. No. 209 § 1005.160, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The design standards as set forth in this Section are the minimum design standards to be used by the non-residential subdivider. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter as applicable to all subdivisions shall apply to non-residential subdivisions as well.
1.
Lots.
a.
The lot size, width and depth shall be appropriate for the location and type of development contemplated and shall conform to the requirements of Chapter 415, Zoning Regulations, for the district in which the non-residential subdivision is proposed.
b.
A minimum road frontage of fifty (50) feet or direct access by a 50-foot road easement or right-of-way or recorded cross easement shall be required for non-residential lots of any size.
c.
Lots adjacent to residential areas shall be buffered by providing for additional depth of lots.
d.
Off-street loading shall be arranged to eliminate street maneuvering by vehicles using loading facilities.
2.
Blocks. There shall be no restriction of maximum block length in a non-residential subdivision.
3.
Sidewalks And Pedestrianways.
a.
Sidewalks shall not be required in a non-residential subdivision developed in an "M-1" Industrial Zoning District, unless required by Subsection (A)(3)(b) below.
b.
The Department may require pedestrianways, sidewalks and fencing in a non-residential subdivision to provide access to parks, schools, shopping areas, or similar facilities, or as otherwise necessary to insure the public safety.
4.
Survey Monuments. Survey monuments shall not be required in a non-residential subdivision except as set forth below:
a.
A permanent survey marker, as defined in Section 420.250 of this Chapter, shall be placed on at least two (2) corners of each intersecting street in a non-residential subdivision and at each corner of the subdivision outboundary, and each survey marker shall be placed by a land surveyor. Additional survey monuments shall not be required in the resubdivision of a lot of a recorded non-residential subdivision.
b.
The permanent survey monuments may be placed after all streets and related utilities have been installed in the portion of the non-residential subdivision being improved.
5.
Lighting.
a.
Streetlights. Streetlights shall be required in a non-residential subdivision in accordance with the requirements set forth in Section 420.320 of this Chapter along public or private streets or roadway easements which provide access to or through any lot or driveway connecting the subdivision to a public street.
b.
Alternate Lighting Plan. In lieu of Subsection (A)(5)(a) above, the developer may submit an alternate lighting plan as provided for below to the Department for review and approval.
c.
Illumination standards in footcandles for structures and their parking areas:
Residential | Commercial | Other | |
|---|---|---|---|
Minimum initial level at any point on the parking area | 0.07 | 0.5 | 0.3 |
Average initial level | 0.35 | 1.0 | 0.5 |
Maximum initial level 5 feet from the base of a light standard | 3.0 | 8.0 | 5.0 |
For the purpose of this Subsection, "commercial" refers to parking areas for any land use, regardless of zoning designation, in which goods or services are offered to the general public on the premises. |
6.
Landscaping.
a.
In non-residential subdivisions there shall be a minimum ratio of one (1) tree for every twenty (20) feet of street frontage, per requirements of Section 420.340 of this Chapter.
b.
In lieu of planting street trees as required in Section 420.340 of this Chapter, the developer may submit to the Department, for review and approval, an overall tree and shrub landscaping design plan for the subdivision. Such a plan may be submitted for implementation on a lot by lot basis, in which case the developer shall guarantee by escrow agreement or land subdivision bond the installation of landscaping as shown on the approved landscaping plan.
c.
Whenever a non-residential subdivision abuts a residential subdivision, a permanently landscaped buffer strip thirty (30) feet in width shall be provided.
[R.O. 1997 § 420.170; Ord. No. 209 § 1005.170, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Pedestrianways.
1.
The Department may require pedestrianways to provide access to parks, schools, shopping areas, public transportation facilities, common land, or similar facilities, or where otherwise necessary to promote the public safety.
2.
In the event that a pedestrianway is required, the pedestrianway shall be provided for in accord with the following:
a.
A minimum of twenty (20) feet of right-of-way shall be provided for the required pedestrianway.
b.
If the pedestrianway is necessary to provide access to an area intended for the installation of active recreation facilities, a walkway shall be required within the pedestrianway. The walkway shall be constructed with four (4) foot wide and four-inch thick portland cement pavement or other all-weather surface on a grade longitudinally not exceeding eight percent (8%) unless steps are provided as a part of the walkway.
3.
No building permit will be issued on lots abutting the walkway required within a pedestrianway until the walkway has been constructed.
B.
Access For Maintenance. Whenever areas designated and platted for retention lakes or ponding, the periodic maintenance of which requires use of heavy equipment, access to these areas shall be of sufficient width reasonably graded to facilitate maintenance equipment and constructed of materials appropriate to accommodate such equipment as approved by the Department of Planning.
[R.O. 1997 § 420.180; Ord. No. 209 § 1005.180, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The following standards shall apply:
1.
General Standards. These apply to residential and non-residential types of subdivisions.
a.
The developer shall make provision for the extension and relocation of major, collector and minor streets which affect the property. Except for dead-end streets, streets normally shall connect with streets already established, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivision tracts.
b.
Where a subdivision abuts or contains an existing or proposed major street, the Department may require frontage or service streets, double frontage lots with screen planting, and non-access strips at the rear of such lots.
c.
Minor street intersection jogs or discontinuities with center line offsets of less than one hundred (100) feet shall be avoided.
d.
Reserved strips of land which control or limit access at the terminus of streets are prohibited.
e.
A tangent of less than one hundred (100) feet in length shall be avoided between reverse curves on major and collector streets.
f.
A subdivision entrance street shall intersect the major or collector street with an interior angle between seventy degrees (70°) and ninety degrees (90°) and be positioned to provide adequate sight distance along each intersecting roadway as determined by the City of Wildwood.
g.
All streets intersecting major or collector streets shall be directly opposite existing or other proposed streets or shall be a minimum of three hundred (300) feet distant, as measured between street center lines.
h.
Where a collector street enters or connects with a major street, intersection geometrics shall be provided as directed by the City of Wildwood. Additional traffic lanes or other widening, pavement thickness, drainage facilities, granular base, traffic control devices, and other improvements may be required to accommodate heavy traffic volumes, unsuitable soil conditions, steep grades, or other conditions.
i.
Streets shall be constructed to City of Wildwood standard specifications.
j.
Any subdivision platted along an existing street shall provide additional right-of-way, not to exceed twenty (20) feet on either side.
(1)
When the subdivision is located on one (1) side of an existing street, required right-of-way width shall be provided measured from the center line of the right-of-way as originally established or as traveled. The center line must meet requirements of the City of Wildwood with regard to radius when located on a curved roadway.
k.
The Department may require a street to be dedicated to public use wherein it is deemed in the best interest of the traveling public in order to provide circulation.
l.
No building permit may be issued for any lots abutting a temporary turnaround as shown on any recorded subdivision plat unless and until the temporary turnaround is actually constructed and has been approved by the City of Wildwood. In addition no building permit will be issued for display units on proposed lots that would be located where temporary turnarounds are required. The Department of Planning may grant a variance providing that the following conditions are met:
(1)
The developer submits to the Department of Planning statements from all prospective lot purchasers affected by the temporary turnaround, excluding the developer himself, declaring that they agree to the use of their driveways for executing the turnaround movements at the terminus of the street and acknowledging that any repairs made necessary due to damage to the driveway caused by the use of their driveway for the turnaround movement shall in no way be deemed the responsibility of the City of Wildwood; and
(2)
Provide an easement for the turnaround movement approved by the City of Wildwood.
m.
A subdivision plat involving new or existing streets crossing railroad tracks shall provide adequate rights-of-way, including approach rights-of-way and slope easements for construction of an underpass or overpass, unless otherwise specified by the Planning Commission. Approval of the Public Service Commission and the City of Wildwood must be received in connection with all railroad crossings.
n.
Private streets, including multiple-family access streets, shall have pavement thickness and other specifications constructed to City standards. Maintenance of these streets shall be the sole responsibility of the property owners or trustees of the subdivision.
o.
When streets are proposed as private, the developer shall be required to have either a trust indenture or statement on the record plat establishing the method for providing continuous maintenance of streets, as well as storm sewers.
p.
Any roads proposed within a development and located within the floodplain shall be protected from flood damage as directed by the City of Wildwood.
2.
Residential Standards. In addition to the above, the following shall apply for residential developments:
a.
A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required. Greater radii may be required at the intersection and at the back of curb or edge of pavement of a street with a major or collector street as directed by the City of Wildwood. The Department may permit comparable cutoffs or chords in lieu of rounded corners.
b.
All stub streets in excess of four hundred fifty (450) feet in length measured from center line of the street intersection to the property line on plat boundary shall be provided with a temporary turnaround.
c.
All streets shall be designed to meet the minimum requirements set forth in the Matrix Table[1] which follows, with the exception of large-lot subdivisions to which such requirements are not applicable. The matrix, or variable Street Specifications Table, is designed to provide the maximum allowable flexibility in street construction standards, while at the same time insuring the protection of the public interest. The widths of right-of-way and pavement are allowed to vary as functions of the type of street and the corresponding intensity of use.
[1]
Editor's Note: Said Table is included as an attachment to this Chapter.
d.
Roadway easements for the servicing of large-lot subdivisions shall have a minimum width of forty (40) feet.
e.
Streets within subdivisions in the "NU" Non-Urban Residence District utilizing the planned development procedure shall have a minimum pavement width of twenty-two (22) feet and shall be private.
f.
A street on which residential lots front and which parallels but is not adjacent to a railroad right-of-way shall be at a distance from the railroad right-of-way sufficient to provide lots with a minimum depth of one hundred sixty (160) feet.
g.
The pavement width set forth in the street specifications matrix for multiple-family access streets does not allow for parking, nor will parking be permitted on the streets. For each parallel parking space adjacent to these streets an additional width of ten (10) feet shall be provided. Additional parking requirements shall be as provided herein and by the standards established by the Commission.
h.
All developments with lots solely fronting on major streets should have a turnaround maneuvering area which eliminates having to back out onto streets.
i.
Alleys.
(1)
Alleys may be provided in a residential district and shall be at least twenty (20) feet wide and shall be constructed according to City standards.
(2)
Alleys with one-way traffic and designed as a loop for proper traffic circulation shall have at least fourteen (14) feet of pavement width, be located in a 20-foot easement, and be constructed according to City standards.
(3)
All alley intersections and sharp changes in alignment shall be avoided but, where necessary, corners shall be designed to permit safe vehicular movement.
(4)
A dead-end alley shall have an adequate turnaround facility at its termination.
j.
Blocks shall not exceed one thousand five hundred (1,500) feet except as the Department deems necessary to secure the efficient use of land or desired features of street layout.
3.
Non-Residential Standards. In addition to those standards described in the general standards Subsection (A)(1) stated above, the following shall apply to non-residential developments:
a.
Pavement Width And Right-Of-Way.
(1)
All streets in a non-residential subdivision shall be designed to meet at least the minimum requirements of pavement width and right-of-way width as set forth in the following Table, except where additional requirements are determined by the Department to be necessary in which case the Department shall receive prior determination from the City of Wildwood.
NON-RESIDENTIAL SUBDIVISION STREET DESIGN CRITERIA | |||
|---|---|---|---|
Minimum Right-of-Way in Feet | Pavement Width in Feet | Minimum Road Maintenance and Utility Easement in feet on both sides of ROW | |
Local access and minor | 40 | 26 | 10 |
Collector | 50 | 38 | 10 |
Major | 60 | 51 | 10 |
(2)
Minimum pavement widths shown above are to be measured from back to back of curbs.
(3)
Collector streets in a non-residential subdivision may be built in two (2) stages of two (2) lanes each stage.
(4)
A minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required at all minor street intersections in a non-residential subdivision, except tracts developed in an "M-1" or "M-3" Industrial Zoning District, which shall require a minimum radius of forty-five (45) feet at all minor street intersections. Intersections of major and collector streets shall require intersection geometrics as directed by the City of Wildwood.
(5)
All curbs shall be six-inch minimum vertical curb with appropriate wheelchair ramps where sidewalks are required.
b.
Dead-End Streets.
(1)
The Department may approve dead-end streets of more than six hundred (600) feet in non-residential subdivisions, but all such dead-end streets shall have a turnaround with a minimum diameter at the back of the curb of at least one hundred ten (110) feet. In some cases the Department may determine that a diameter of eighty-four (84) feet is appropriate, where parking areas can be utilized for turnaround movements.
(2)
Islands shall not be required in turnarounds in a non-residential subdivision.
c.
Alleys. Alleys or other provisions for service access may be required by the Department in non-residential subdivisions only where other provisions have not been made for service access, such as off-street loading, unloading and parking, which provisions are adequate for the uses proposed within the subdivision.
d.
Right-Of-Way Dedication At Railroad Crossings. There shall be no requirement for a non-residential subdivision to provide for rights-of-way, including approach right-of-way and slope easements, for construction of an underpass or overpass where a street in a non-residential subdivision crosses railroad tracks, except in the case of major and collector streets as defined elsewhere in this Chapter. Where at-grade crossings of railroad tracks occur, the installation of electric warning signals or other precautionary measures may be required if deemed by the Commission to be necessary for the public safety. Approval of the Public Service Commission and the City of Wildwood is required for all railroad crossings.
[R.O. 1997 § 420.185; Ord. No. 209 § 1005.185, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
The purpose of this Section is to provide standards and regulations governing land development in order to reduce or prevent flooding and at the same time minimize damage to real property.
B.
The controlled release and storage of excess stormwater runoff may be required for all commercial and industrial land use projects, and for all residential subdivisions as determined by the City of Wildwood.
C.
Detention of differential runoff of stormwater, as approved by the City of Wildwood, may be required by providing permanent detention facilities, such as dry reservoirs, ponds, or other acceptable alternatives.
D.
Detention reservoirs or dry bottom stormwater storage areas may be designed to serve secondary purposes such as recreation, open space, or other types of uses that will not be adversely affected by occasional flooding as approved by the Department of Public Works.
E.
Drainage detention areas that are not maintained by a public authority shall be conveyed as an undivided interest in common to each lot in the subdivision for maintenance purposes or conveyed to trustees with authority to perform maintenance responsibilities.
F.
During the construction phase of development, facilities shall be provided to prevent erosion and siltation.
[R.O. 1997 § 420.190; Ord. No. 209 § 1005.190, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Proposed through or collector streets which are continuations of, or in general alignment with, existing named streets shall bear the names of such existing streets.
B.
The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing or platted street.
C.
All the names of streets proposed by the subdivider shall be approved by the United States Postal Service—Customer Services Department and the Department prior to submitting the proposed record plat for review.
[R.O. 1997 § 420.200; Ord. No. 209 § 1005.200, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Purpose. The purpose of the Natural Resource Protection Standards (resource protection standards) set forth in this Section is to implement the Environmental Objectives and Policies of the City's Master Plan that recognize the fragile nature of the soils, landforms and vegetation of the Wildwood ecosystem and the importance of utilizing these natural resource attributes (the natural resources) to retain and absorb stormwater runoff and prevent construction practices that destroy these natural functions and threaten the health and safety of the City's residents. The specific purposes of these standards are to:
1.
Prevent the destruction of soils, vegetation, landforms and other essential components of the watershed hydrologic cycle in order to minimize soil erosion and control the flow of stormwater runoff;
2.
Prevent the placement of buildings and other structures in locations which unduly disrupt the natural hydrologic cycle;
3.
Prevent construction practices that result in the release of stormwater runoff into natural drainageways at volumes and flow velocities that damage the fluvial system and endanger the public health and safety by threatening destruction of dwellings, bridges, roadways, electrical facilities and sewage lines in the floodplain;
4.
Prevent the potential financial costs to the public of repairing and replacing roads, bridges and sewage lines damaged by rapid stormwater runoff;
5.
Control the intensity of development in relation to the natural capacity of the site to control stormwater runoff.
B.
Scope Of Application.
1.
General Scope. The resource protection standards and procedures set forth in this Section shall apply pursuant to Section 420.200 hereof to all grading requiring a permit, and all improvements and subdivisions of land located in the City of Wildwood, in addition to all other applicable requirements in Chapter 415, Zoning Regulations, or other development regulations.
C.
Authority To Modify Standards. The resource protection standards set forth herein may be modified pursuant to the following procedures:
1.
Minor Modification Of Standards. Upon written request of an applicant in connection with a subdivision plat approval or zoning approval application, the Director of Planning is hereby authorized to modify the resource protection standards so as to allow reduction up to a maximum of five percent (5%) of the net acreage of the resource protection area identified and designated pursuant to Subsections (E) and (F) of this Section, but only upon the Director's determination that the applicant's modification proposal, if allowed:
a.
Will nevertheless achieve the purposes for which the resource protection regulations have been established; and
b.
Will not violate the general purposes, goals and objectives of the Zoning and Subdivision Ordinances, other City development regulations, or of the City of Wildwood Master Plan; and
c.
Will address any negative impacts that may result from such modification to the resource protection standards through appropriate mitigating actions.
2.
Major Modification Of Standards. Any request by an applicant to modify the resource protection standards so as to allow a reduction greater than five percent (5%) in the resource protection areas identified and designated on a site pursuant to Subsections (E) and (F) below, after review by the Planning Commission, may be approved by the City Council, only pursuant to and in compliance with a modification permitted in conjunction with an application for a planned commercial or industrial development district or a planned residential development (PRD) district, as applicable.
D.
Definitions. The definitions of terms used in this Section are set forth in Attachment B to this Chapter and incorporated herein.
E.
Resource Protection Standards. All developments identified in Subsection (B) shall preserve as a designated resource protection area, subject to Subsection (G), all areas of the development requiring preservation pursuant to the following natural resource protection standards:
NATURAL RESOURCE PROTECTION STANDARDS | |||
|---|---|---|---|
Percent (%) of Resource Required To Be Preserved | |||
Natural Resource Attribute | Preserved | ||
1. | Rivers, streams and intermittent streams (including dry creeks) | 100% | |
2. | Floodplain | 100% | |
3. | Wetlands | 100% | |
4. | Fens | 100% | |
5. | Glades | 100% | |
6. | Ephemeral drainageways | 100% | |
7. | Sinkholes | 100% | |
8. | Springs | 100% | |
9. | Areas of previous mass movement | 100% | |
10. | Slopes greater than 30% | 100% | |
11. | Slope Class: 16—30% | ||
a. | Slope steepness, 16—30% | 50% | |
b. | Slopes 16—30 % w/ soil thickness greater than 6 feet | 0% | |
c. | Slopes 16—30 % w/ soil thickness between 4 and 6 feet | 20% | |
d. | Slopes 16—30 % w/ soil thickness less than 4 feet | 40% | |
e. | Slopes 16—30% w/ A horizon present and a B horizon less than 40% clay, and 35% rock content, and no restrictive layer present | 0% | |
f. | Slopes 16—30% w/ no A horizon or a B horizon more than 40% clay, or more than 35% rock content, and no restrictive layer present | 20% | |
g. | Slopes 16—30% and restrictive layer present | 30% | |
h. | Slopes 16—30%, slope is planar or convex | 0% | |
i. | Slopes 16—30%, slope is concave | 30% | |
12. | Slope Class: 7—15% | ||
a. | Slope steepness, 7—15% | 30% | |
b. | Slopes 7—15% w/ soil thickness greater than 6 feet | 0% | |
c. | Slopes 7—15% w/ soil thickness between 4 and 6 feet | 20% | |
d. | Slopes 7—15% w/ soil thickness less than 4 feet | 40% | |
e. | Slopes 7—15% w/ A horizon present and a B horizon less than 40% clay, and 35% rock content, and no restrictive layer present | 0% | |
f. | Slopes 7—15% w/ no A horizon or a B horizon more than 40% clay, or more than 35% rock content, and no restrictive layer present | 20% | |
g. | Slopes 7—15% and restrictive layer present | 30% | |
h. | Slopes 7—15%, slope is planar or convex | 0% | |
i. | Slopes 7—15%, slope is concave | 30% | |
13. | Slopes Class: 0—6% | ||
a. | Slopes 0—6% with soil thickness greater than 6 feet | 0% | |
b. | Slopes 0—6% with soil thickness between 4 and 6 feet | 20% | |
c. | Slopes 0—6% with soil thickness less than 4 feet | 40% | |
d. | Slopes 0—6% with A horizon present and B horizon less than 40% clay, and 35% rock content, and no restrictive layer present | 0% | |
e. | Slopes 0—6% with no A horizon or a B horizon more than 40% clay, or more than 35% rock content, and no restrictive layer present | 20% | |
f. | Slopes 0—6% and restrictive layer present | 30% | |
14. | Landform | ||
a. | Interfluve summit position | 0% | |
b. | Bench or terrace position | 30% | |
F.
Resource Protection Analysis And Designation. As part of the application for the preliminary development plan or preliminary plat approval, as the case may be, an applicant shall submit all information as may be required by the Director of Planning to identify and verify the existence and location of the natural resource attributes listed in Subsection (E) above. All plans for development shall clearly identify the location and total areas of all such features by mapping each unit of resource area as shown in Attachment A and shall be verified or documented by a soil scientist approved by the Director of Planning. Following the steps set forth in Attachment A, the precise boundary of any resource protection areas shall be determined by the developer and verified by the soil scientist by applying the preservation requirements of Subsection (E) to the site pursuant to the following standards to be applied by the Director of Planning:
1.
Where a single protected resource attribute exists in isolated locations on the site, the area, or percentage of area, of each resource attribute required to be preserved shall be preserved within the area of each discrete mapping unit where it is identified.
2.
Where two (2) or more protected resource attributes that require preservation of less than one hundred percent (100%) of the area are found in contiguous mapping units, the percentage of each attribute to be preserved may be located within any of the contiguous mapping units.
3.
The location of the resource protection areas and boundaries shall comply with the following general principles:
a.
Resource attributes requiring one hundred percent (100%) preservation shall be preserved in mapping unit where each is identified.
b.
Resource attributes of a type requiring less than one hundred percent (100%) preservation shall be preserved in the lower slope positions or located adjacent to one hundred percent (100%) protection areas, where applicable.
c.
Preservation of concaved portions of the protected attribute shall be achieved where practicable.
d.
Preservation areas within bench or terrace attributes shall be within multiple locations within the mapping unit.
4.
No foundation of any building may be located within twenty-five (25) feet of any finally designated resource protection area.
5.
Construction shall be generally required on the upper slope positions.
6.
Resource attributes may not be graded in such a way as to cause the area to be changed into a more protected attribute category where the analysis required herein was not based on such final state of the land.
G.
Preservation Of Resource Protection Areas.
1.
Designation And Use. Areas of natural resource attributes that are required to be protected pursuant to Subsection (F) above (resource protection areas) shall be designated on the final plat of subdivision as such and in no case shall such designated resource protection areas be developed except as otherwise permitted herein. Land which is designated as a resource protection area pursuant to this Section shall be used for resource protection and such other purposes as the Planning Commission shall approve and authorize to be designated on the final plat, subject to such conditions as the Commission may deem appropriate. Access to land designated strictly for resource protection shall be restricted in order to ensure such protection. Except as otherwise provided in this Section, no area occupied by structures, roads, road rights-of-way or parking areas shall be counted as designated resource protection areas.
2.
Methods Of Preservation. Resource protection areas shall be designated so their use, enjoyment and preservation as natural areas is not obstructed. The form of ownership of resource protection areas shall be designated on the final plat. Resource protection areas shall be owned and preserved by either of the following two (2) methods or a combination thereof:
a.
Deed restricted private ownership which shall prohibit, in perpetuity, the development and/or subsequent subdivision of the resource protection areas or their use for purposes consistent with the purpose of this Section. The responsibility and standards for all resource protection areas shall be specified and provision shall be made for guaranteeing such responsibility; or
b.
Grant of a conservation right in the form of an easement (a conservation easement) over the resource protection areas to a qualified not-for-profit corporation dedicated to the preservation and maintenance of natural resource areas, as grantee.
3.
Enforcement By The City. The City may take appropriate action as necessary to enforce the provisions of this Section in order to ensure that there is no development and/or subdivision of the resource protection areas identified and designated pursuant to Subsections (F) and (G) hereof, nor use of such areas for purposes inconsistent with the purposes of this Section.
H.
Calculation Of Number Of Lots Or Dwelling Units. Unless otherwise excluded by the applicable zoning regulations, resource protection areas identified and designated pursuant to Subsections (F) and (G) may be included in calculating the number of lots or dwelling units permitted on a parcel under the applicable zoning district regulations governing required minimum lot area, lot frontage, yards and distances from lot lines, provided that the combined total acreage of all areas cleared on the parcel shall not exceed the clearable land area calculated pursuant to Subsection (F).
I.
Procedures Required For On-Site Improvements. Prior to commencing improvements on a site on which resource protection areas have been designated pursuant to Subsections (F) and (G), the owner/subdivider shall stake and install a barrier fence or ribbon, as determined by the Planning Director, around the perimeter of the designated resource protection areas not to be disturbed. Any owner/subdivider who fails to comply with this provision prior to commencement of improvements on the site, or fails to maintain the fence and/or stakes and ribboned off areas on the site during such improvements, shall be subject to a fine pursuant to the provisions of Section 420.400 hereof for each day on which improvements were performed in violation of this Section. An owner/subdivider found guilty of such a violation, which has also resulted in the destruction of designated resource protection areas, shall, in addition, be liable for the costs of restoring such resource protection areas to their natural condition.
J.
Permitted Disturbance Of Resource Protection Areas For Maintenance And Recreational Purposes.
1.
In order to maintain privately owned designated resource protection areas containing mature or young canopy forest, the following activities may be conducted in designated resource protection areas:
a.
Eradication of dense invasive ground vegetation (not meant to include trees of any size) which blocks desirable views or does not provide desirable screening for residential areas;
b.
Replacement of invasive vegetation with wild flowers, perennial beds or evergreens;
c.
Removal of dead or diseased trees which are considered by the Planning Director to be a threat to adjoining property;
d.
Removal of fallen trees from the floor of the mature or young canopy forest;
e.
Recreational uses that do not involve grading, extensive soil compaction, or permanent damage or loss of soils;
f.
Such other activities as may be requested by a special use permit granted by the Director of Planning consistent with the purposes and provisions of this Chapter.
2.
Should any mature or young trees be accidentally removed as a result of maintenance, the owner will be required to replace such trees in accordance with the provisions of the Tree Preservation and Restoration Code.
K.
Failure To Restore Disturbed Areas. Any owner/subdivider who disturbs areas required to be protected pursuant to this Section and fails to restore such disturbed areas pursuant to the standards set forth in the Tree Preservation and Restoration Code and Grading Code[2] shall be subject to a fine pursuant to the provisions of Section 420.400 of this Chapter.
[1]
Editor's Note: Street Specification Matrix Table and Attachments A and B are included as attachments to this Chapter.
[R.O. 1997 § 420.210; Ord. No. 209 § 1005.210, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
All proposed subdivisions shall have easements as determined by the Department to be adequate for the installation and maintenance of utility facilities, including cable television distribution systems.
B.
Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement or special escrow as determined by the City of Wildwood to be of sufficient area and limits to permit the construction and maintenance of the slope.
C.
Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the developer shall provide an easement determined by the Department to be adequate in area to contain facilities to take care of flooding or erosion along the stream or surface drainage course.
D.
Stormwater And Stormwater Control Easements.
1.
Stormwater easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.
2.
Stormwater control easements are required along all major creeks and significant tributaries; around and including all new wet lakes functioning as part of a stormwater control system; and for all detention areas, basins, and related structures.
3.
Stormwater control easements shall include a minimum dimension of twenty (20) feet back from the bank of improved creek channels as approved on improvement plans, or of such width back from unimproved channels as required by MSD. Easements shall include a distance of not less than ten (10) feet back from the estimated high water line of lakes, dry detention areas and basins.
4.
Final location of stormwater control easements shall be approved by MSD, County and the City as part of the improvement plan approval. Such easements shall subsequently be shown on a record plat or special easement plat.
E.
In addition to stormwater control easements, stormwater control access easements shall be required as necessary to provide for upkeep of the area within designated stormwater control easements. Separately designated access easements shall not be less than twenty (20) feet wide.
F.
The Department of Planning shall require script on the record plat or trust indentures for all development containing stormwater control easements and access easements to such areas, specifying assessments for and maintenance of such particular areas apart from other common land, until MSD accepts the easements.
[R.O. 1997 § 420.220; Ord. No. 209 § 1005.220, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
The Department may require evidence as to the subsurface soil, rock, and water conditions of the tract to be developed.
[R.O. 1997 § 420.230; Ord. No. 209 § 1005.230, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Where the preliminary plat indicates that grading and compaction are probable, the City of Wildwood may require the submission of additional information and modifications in the proposed plat before the developer may grade any land to be subdivided. All grading shall be in conformance with the City of Wildwood Grading Code.
B.
A grading permit or approved improvement plans are required prior to any grading on the site. Erosion and siltation control devices shall be required as directed by the City of Wildwood.
C.
Proposed grading which creates a change in watersheds shall not be permitted. A change in watershed shall also include any increase in velocity or volume.
[R.O. 1997 § 420.235; Ord. No. 209 § 1005.235, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
The Director of Public Works shall establish and adopt the official specifications of the City for streets and other required improvements. Such specifications and any amendment shall be filed and available in the Department of Public Works for public inspection.
[R.O. 1997 § 420.240; Ord. No. 209 § 1005.240, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Plans for improvements shall be prepared by a registered professional engineer; and the streets, storm sewers, sidewalks, pedestrianways (unless waived by Department or Commission), and sanitary sewers shall be staked by a registered land surveyor.
B.
The owner of the tract may prepare and secure tentative approval of a final subdivision plat of the entire tract, but the improvements shall be either installed, or guaranteed in the form of a land subdivision bond or an escrow agreement, in any portion of the area for which a record plat is approved for recording.
C.
Utilities, including water mains, streets, storm and sanitary sewers, and sewage treatment plants, shall be designed and built or guaranteed by escrow to serve the platted area or be designed and built or guaranteed by escrow to serve the area to be initially developed in such a manner that they can easily be expanded or extended, as the case may be, to serve the entire drainage area or watershed.
D.
Required improvements for large-lot subdivisions are addressed in Section 420.135 of this Chapter.
E.
Acceptance And Final Approval. Before the developer's obligation to the City of Wildwood is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting agency and accepted for maintenance or given final approval by the City.
[R.O. 1997 § 420.250; Ord. No. 209 § 1005.250, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Where none are existing, survey monuments shall be placed by a registered land surveyor at street corners; i.e., at a four-way intersection, two (2) corners are required to be monumented, and at a three-way intersection, one (1) corner is required to be monumented. For all other types of intersections, monuments shall be placed as determined by the City of Wildwood. In addition, monuments shall be so located to find angle points, points of tangency of curves on one (1) side of the street, and at all outboundary corners.
B.
Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided, however, that the exact offset courses and distances are shown on the letter of certification when monuments are set. If a monument would be in a driveway, a cross would be permitted in concrete; and a steel pin, iron pipe, or railroad spike in asphalt.
C.
Monuments shall be of portland cement concrete, four (4) inches square on the top tapering to six (6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins, from one-half (1/2) inch to one and one-half (1 1/2) inches in diameter. All monuments noted above will have a length of two (2) feet or longer.
D.
An existing permanent benchmark or a new permanent benchmark shall be accessibly established and shall be accurately noted on the record subdivision plat.
[R.O. 1997 § 420.260; Ord. No. 209 § 1005.260, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in accordance with City standards and specifications. All grading and surfacing shall be done under observation and inspection of the City of Wildwood and shall be subject to its approval. The treatment of the intersection of any new street with a State highway and any additional required widening of an adjoining State Highway shall be subject to approval by the District Engineer of the State of Missouri Highway and Transportation Department.
B.
At such times as a subdivision is proposed adjacent to an existing street, that street shall be improved to current City specifications. Additional right-of-way and the cost of improvement of half of the right-of-way adjacent to the proposed subdivision shall be included in the overall subdivision improvements. The improvements shall be made to current City specifications and standards.
C.
In certain cases involving the subdivision of a tract or tracts of land, the reservation of right-of-way areas may be required for future road improvements as authorized by the preliminary plat for that tract.
[R.O. 1997 § 420.265; Ord. No. 209 § 1005.265, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
So long as there shall be a private street or a street not accepted by the City of Wildwood for maintenance within any subdivision, no person shall sell, lease, rent, offer to sell, lease or rent, or advertise for sale, lease or rental any dwelling unit or non-residential property without disclosing to each prospective purchaser or tenant his/her responsibility with respect to subdivision streets and stormwater control facilities in the manner required by this Section. For the purpose of this Section, "prospective purchaser or tenant" includes any person making inquiry of any responsible party with respect to purchase, rental or lease of a dwelling unit or non-residential facility.
B.
Required Disclosure. Disclosure shall be made to each prospective purchaser or tenant in substantially the following form, where applicable:
THE STREETS IN THIS SUBDIVISION AND STORMWATER CONTROL FACILITIES ARE PRIVATE. THE OWNERS, HOMEOWNERS' ASSOCIATION, OR CONDOMINIUM ASSOCIATION ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE. |
or |
THE CONSTRUCTION DESIGN OF THESE STREETS AND STORMWATER CONTROL FACILITIES HAVE BEEN APPROVED BY THE CITY. UNTIL SUCH TIME AS STREETS AND THESE FACILITIES ARE ACCEPTED BY THE CITY FOR MAINTENANCE, THE OWNERS, HOMEOWNERS' ASSOCIATION, OR CONDOMINIUM ASSOCIATION WILL BE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE. |
or |
THE STREETS AND STORMWATER CONTROL FACILITIES IN THIS SUBDIVISION WHICH ARE CONSTRUCTED BELOW THE FLOOD ELEVATION ARE PRIVATE. THE OWNERS ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE. |
Such modifications of the above language shall be made, and only such modifications may be made, as are 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 managers or similar persons shall further disclose the manner of selection of existing and future trustees or managers and the manner in which any costs borne by such persons will be defrayed. |
C.
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 any of the foregoing to the extent of involvement in marketing of subdivision property.
D.
Specific Requirements. It is the responsibility of each responsible party to accomplish the disclosure required by this Section. Without limiting the generality of this obligation, a copy of the required disclosure, in any event:
1.
Shall be prominently posted in the sales office;
2.
Shall be contained in a contract for the sale, lease or rental of a dwelling unit or non-residential facility and, if not printed in red letter or similar contrasting and noticeable colors, shall be specifically pointed out to a prospective purchaser or tenant prior to execution of any such contract;
3.
Shall be printed in readily legible type on any map or plat used for marketing purposes.
E.
Exceptions. The disclosure required by this Section need not be made:
F.
Preapproval Of Modified Disclosure.
1.
Any proposed modification of the language of the required disclosure shall be submitted to the Director of Planning or officer appointed by the City Council for approval prior to use.
2.
The Director of Planning or officer appointed by the City Council shall approve any modification which is factually accurate and serves to inform a prospective purchaser or tenant at least as well as the language set forth above.
3.
Any approved modification of the required disclosure may be used in lieu of the above language so long as the same is factually accurate.
[R.O. 1997 § 420.270; Ord. No. 209 § 1005.270, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Sidewalk Requirements.
1.
Sidewalks shall be required on both sides of all streets, except for:
a.
Cul-de-sac streets containing eight (8) or fewer single-family lots, including corner lots.
b.
The circular bulb portion of all culs-de-sac.
c.
In the "R-1" Zoning District, where the minimum lot frontage is one hundred twenty-five (125) feet on loop streets of not more than twenty-six (26) lots and on cul-de-sac streets of not more than thirteen (13) lots.
d.
Large-lot subdivisions.
e.
Subdivisions in the "NU" Non-Urban Residence District utilizing the planned residential development procedure.
2.
Sidewalks shall be constructed to City specifications. The minimum requirements for sidewalks shall be as follows:
a.
Residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick, except in driveways where a six-inch thickness shall be required.
b.
Non-residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick, except a greater width may be recommended by the City of Wildwood. Sidewalks through driveways shall be required to be seven (7) inches in thickness.
c.
Where sidewalks are located adjacent to a vertical curb within a street intersection, wheelchair ramps will be required.
d.
Where sidewalks are to be located adjacent to a roadway under the jurisdiction of the Missouri Highways and Transportation Department and/or St. Louis County, they may be required to be placed in a public easement outside of the State or County right-of-way. Maintenance of walks along State or County rights-of-way shall be the responsibility of the property owners or the trustees of the subdivision.
B.
Sidewalk Exemptions. Sidewalks shall not be required for a large-lot subdivision or for industrial development within the "M-1" Zoning Districts.
C.
Sidewalk Variance Procedure. A petitioner may apply to the Planning Department for deletion of sidewalks, including submittal of an alternate sidewalk plan, through the utilization of the variance procedure in accord with Section 420.380 of this Chapter. Along the County arterial roadways, the St. Louis County Department of Highways and Traffic shall be requested to provide the Department of Planning with recommendations concerning conditions within road right-of-way involved with a request for variance or alternate sidewalk plans. The Department may grant a variance in the following cases:
1.
Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions make their installation and use impractical.
2.
Where tracts of land are created having at least three hundred (300) feet of frontage which could be resubdivided into smaller lots at a future time.
3.
Where the subdivision designer has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic.
4.
Where justifiable conditions can be shown that the strict application of the requirements contained in this Section would:
D.
When alternate sidewalk plans are proposed for location within the public right-of-way, the Department of Public Works shall provide the Department of Planning with recommendations based on conditions within the affected rights-of-way.
[R.O. 1997 § 420.280; Ord. No. 209 § 1005.280, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Where the Department determines that an approved public water supply is reasonably accessible or procurable, it shall be made available to each lot within the subdivided area. The developer shall install fire hydrants as determined by the appropriate fire protection district in accordance with the requirements of the Insurance Office of Missouri.
B.
In the absence of a public water supply, wells shall be constructed, or a connection to a private water supply system shall be provided, so that an adequate supply of potable water will be available to every lot within the subdivision. The information furnished and the approval of same shall comply with the requirements of the Missouri Department of Natural Resources. The water supply system shall be constructed under the observation and inspection of the Department of Public Works.
[R.O. 1997 § 420.290; Ord. No. 209 § 1005.290, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Storm drainage improvements consisting of storm sewer systems or open channels shall adequately drain the areas being developed. No change in watersheds shall be permitted. All stormwater shall be discharged at an adequate natural discharge point.
B.
The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form part of an integrated system.
C.
Storm drainage facilities located within subdivided lots and common land areas shall be the maintenance responsibility of the abutting property owners or subdivision trustees.
D.
Adequate provisions shall be made for this disposal of stormwater in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District where applicable, or any other legally constituted districts, and the City of Wildwood.
E.
Erosion and siltation control devices shall be required as directed by the City of Wildwood. In areas of steep slopes [greater than ten percent (10%)] and fragile soils, the Director or the Planning and Zoning Commission may require extra measures to control stormwater runoff and erosion associated with the site's development.
[R.O. 1997 § 420.300; Ord. No. 209 § 1005.300, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Where an approved publicly or privately owned sanitary sewer system is located within two hundred (200) feet and reasonably accessible and meets the requirements of the Missouri Department of Natural Resources, Department of Public Works, and the Department of Planning, the developer shall connect with such sanitary sewer and provide an adequate service connection to each lot. Sewer connections and subdivision sewer systems shall comply with the regulations of the Missouri Department of Natural Resources, Metropolitan St. Louis Sewer District (MSD) within its limits, and the Department of Public Works and shall be constructed under the observation and inspection of MSD, when within its limits, or the Department of Public Works, where applicable, and shall be approved by same, or a privately owned sewer company when applicable.
B.
Where an approved publicly or privately owned sanitary sewer is not reasonably accessible, but where plans for installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Department of Natural Resources and the Department of Public Works, and MSD within its limits, the developer shall install sewers in conformity with such plans, although a connection to an existing main may not be immediately practicable. In such cases, and until a connection is made with an approved publicly or privately owned sewer system, the use of a sewage treatment facility will be permitted, provided such disposal facilities are constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and Chapter 415, Zoning Regulations, and constructed under the observation and inspection of MSD, within its limits, or the Department of Public Works.
C.
Where no sewers are accessible and no plans for same have been prepared, the developer shall install sewer lines and a disposal system in accordance with the requirements of the preceding Subsection (B), provided that all new sewage treatment facilities or systems subject to this Chapter shall operate under a tertiary standard for treatment of effluent. Exceptions by Planning Commission may be made only after a public hearing on a petition for such exception where the developer demonstrates insurmountable difficulties or that implementation of a package tertiary system would necessarily contradict the purposes of other regulations of this Chapter.
[R.O. 1997 § 420.310; Ord. No. 209 § 1005.310, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Reflectorized street signs bearing the name of the street, as designated on the record plat, shall be placed at all street intersections.
B.
The City of Wildwood shall approve the location and inspect the installation of street name signs in all subdivisions.
C.
The size, height and type of sign shall be in accordance with the specifications of the City of Wildwood.
D.
Street signs shall not be required for large-lot subdivisions other than at each intersection of a designated private roadway easement with an existing or proposed public street.
[R.O. 1997 § 420.320; Ord. No. 209 § 1005.320, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Streetlighting Plan Submission And Review. The developer shall submit for review and approval such number of copies as requested by the Department of the approved preliminary plat indicating the location of light standards in compliance with the following:
1.
Illumination Standards. All streetlighting shall comply with Section 415.450, Outdoor Lighting Requirements, of the City of Wildwood's Zoning Code.
a.
In a non-residential subdivision, single-family residential subdivision or multiple-family subdivision 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 pedestrianway, at each circular turnaround, and within parking lot areas to comply with the provisions and regulations described herein. In a large-lot subdivision or a subdivision in the "NU" Non-Urban District utilizing the density development procedure, a streetlight shall be required only at each intersection of a private roadway easement with an existing or proposed public street. A streetlight shall also be provided at each intersection of a street within a subdivision in the "NU" Non-Urban District utilizing the density development procedure.
b.
Residential Subdivision. The maximum distance between light standards on cul-de-sac and loop streets shall be three hundred twenty-five (325) feet, except within the "R-1" Residence District wherein the maximum shall be four hundred (400) feet. The maximum distance between streetlights shall be three hundred twenty-five (325) feet on all minor streets and multiple-family access drives, two hundred fifty (250) feet for collector streets, and two hundred (200) feet for arterial streets, except that arterial streets within the "R-1," "R-1A," and "R-2" Residence Districts may utilize the spacing standards for a collector street.
c.
Non-Residential Subdivision. For cul-de-sac streets, loop streets, and minor streets the maximum distance between streetlights shall be three hundred twenty-five (325) feet. The maximum distance between streetlights in collector streets shall be two hundred fifty (250) feet, and on arterial roadways two hundred (200) feet, except that for subdivisions within any "M" Industrial District streetlights on a collector street may be placed at maximum intervals of three hundred twenty-five (325) feet. Alternate streetlighting for non-residential subdivisions to accomplish the above standard may be considered as provided in Section 420.160 of this Chapter.
2.
Lighting shall be designed and maintained to avoid unnecessary illumination of residential interiors.
3.
Energy Source. All energy sources supplying illumination shall be buried a minimum of eighteen (18) inches below grade. All piping and wiring to illumination sources shall be contained within the light standards or pole structure.
4.
All electric lighting shall be controlled automatically by programmed time devices, photo electric cells, or the like. Street and residential lighting shall be on from dusk to dawn.
5.
Location. Light standards shall not be located within three (3) feet of the street pavement. Where sidewalks are required, streetlight standards shall be located between the sidewalk and street pavement. Variation to this Section may be approved by the Director.
6.
Maintenance And Operation. The developer shall submit to the Department a maintenance agreement, a trust indenture, or other similar instrument setting forth the person, corporation, trustees, or other agency responsible for the assessment as well as the collection of the monies necessary for the operation of the lighting system within the subdivision.
7.
Installation. All lighting shall be installed and maintained in accordance with the approved lighting plan.
[R.O. 1997 § 420.330; Ord. No. 209 § 1005.330, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
All utility distribution lines, including electric and telephone, shall be installed underground, except those overhead distribution feeder lines necessary to serve that subdivision and in locations as approved by the Department. Cable switching enclosures, pad-mounted transformers, and service pedestals may also be installed above ground and may be installed as a part of the streetlighting standards where approved by the Department. The Department may approve aboveground installations in whole or part for non-residential subdivisions only when a request is submitted by the developer with documentation that supports the impracticability of installing such utility lines underground.
[R.O. 1997 § 420.340; Ord. No. 209 § 1005.340, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
A subdivision landscape plan, excluding that portion of individual residential lots behind the building line, shall be submitted for review to the Department prior to submitting the proposed record plat. This plan shall contain types, sizes and locations of all proposed and existing plantings, which shall comply with the Tree Manual of Chapter 410, Tree Preservation and Restoration Code, of the City of Wildwood. The developer shall guarantee the installation of additional landscaping as shown on the approved landscaping plan by escrow agreement or land subdivision bond.
B.
Required Street Trees. For all single-family residential subdivisions, there shall be a minimum of one (1) tree for every forty (40) feet of frontage. For common land, multiple-family residential subdivisions, and non-residential subdivisions there shall be a minimum ratio of one (1) tree for every forty (40) feet of street frontage. Trees may be of the hardwood or softwood varieties. Each tree shall be at least two and one-half (2 1/2) inches in caliper one (1) foot above grade. A maximum of forty percent (40%) of one (1) species may be utilized to meet planting requirements within each plat of a subdivision. Street trees shall not be required for large-lot subdivisions or for subdivisions in the "NU" Non-Urban District utilizing the density development procedure on lots having frontages of one hundred fifty (150) feet or greater.
1.
Location. Trees as required to meet this Section shall be located in front of the building line but shall not be located within a street right-of-way unless so approved by variance pursuant to Section 420.380. Location of new street trees shall not be allowed within the following areas:
a.
Street trees shall not be planted closer than three (3) feet to any curb.
b.
Street trees when located within the street right-of-way line by variance shall not be placed within twenty-five (25) feet of streetlights.
c.
At street intersections, no street tree shall be placed within the triangular area bounded by the pavement lines and a line connecting the two (2) points of the edge of the street pavement fifty-four (54) feet from the point of intersection of the projected lines of the street pavements.
d.
Street trees shall not be planted within ten (10) feet of street inlets or manholes.
2.
All trees must be taken from a list of acceptable species maintained by the Department of Planning.
3.
In lieu of the planting of street trees as required by this Section, the developer may submit to the Department for review and approval an alternate landscape plan. This plan shall provide for trees appropriate in number and species for the area in front of the building line.
C.
Structures or planting proposed at the subdivision entrance shall be approved by the City of Wildwood.
D.
The City of Wildwood may require sodding or other means of ground cover appropriate to insure erosion control.
E.
The Department may require the clearing of underbrush and may require sodding, seeding, and other landscaping improvements in common land where land has been altered.
[R.O. 1997 § 420.345; Ord. No. 1263 § 3(1005.345), 2-13-2006]
No subdivision plat shall be approved by the City Council unless it conforms to the public space dedication requirements set forth in Section 415.260 of the City Zoning Code.
[R.O. 1997 § 420.350; Ord. No. 209 § 1005.350, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Purpose. To provide a procedure whereby the construction of a display house or multiple-family display unit can begin prior to the recording of the record subdivision plat.
B.
Procedure. After receiving approval of a preliminary plat of a proposed subdivision from the Department, the developer may submit a display plat to the Department for review and approval. There may be two (2) display houses or units for subdivisions proposing less than ten (10) lots or units. Developments containing at least ten (10) lots or units and not more than sixty (60) lots or units proposed shall be allowed three (3) display houses. For developments containing greater than sixty (60) lots or units one (1) additional display house or unit for every twenty (20) houses or units proposed beyond sixty (60) will be permitted, not to exceed ten (10) display houses or units.
C.
Display Plat. The display plat shall include a complete outboundary survey of the proposed subdivisions and the location of each display in relation to proposed lots. The script shall comply with the requirements of the Department, including, but not limited to, the following:
1.
The display plat shall be recorded in the Office of the St. Louis County Recorder of Deeds prior to issuance of a building permit for any display with a copy to be filed with the City of Wildwood.
2.
The display plat shall become null and void upon the recording of a record plat which establishes that each display is on an approved lot.
3.
No part of the proposed subdivision may be conveyed, nor an occupancy permit issued, for any structure therein until the display house or units have been located on an approved lot.
4.
If initial construction of a display has not commenced within sixty (60) days, the Department's approval shall lapse and the display plat shall be null and void.
5.
Lots should be on an approved lot of record within one (1) year of the display plat's recording or such longer period as may be permitted by the Director of Planning. If the record plat is not filed, the then-owner shall remove or cause to be removed all display houses or units from the property. Failure of owner to remove the display houses or units from the property within one (1) year plus thirty (30) days of date of approval shall constitute the granting of authority of City to remove or cause the display houses or units to be removed, the cost of which shall be borne by the owner and shall become a lien against the property.
D.
The display plat shall be executed by the owner and lienors.
[R.O. 1997 § 420.360; Ord. No. 209 § 1005.360, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Purpose. The purpose of this Section is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites; however, it is not intended that extensive replatting be accomplished by use of this Section.
C.
Procedure.
1.
A boundary adjustment shall be accomplished by plat and include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
2.
The boundary adjustment plat shall be submitted to the Department of Planning for review and approval prior to its recording with the Recorder of Deeds of St. Louis County, with a copy to be filed with the City of Wildwood.
D.
Lots In Non-Compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage, and dimensional requirements of this Chapter or Chapter 415, Zoning Regulations, provided that the resulting adjustment of lot lines does not increase the degree of non-compliance with the Zoning Regulations and this Chapter.
[R.O. 1997 § 420.370; Ord. No. 209 § 1005.370, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Filing Fee. There shall be a filing fee of seven hundred dollars ($700.00) accompanying the submission of a proposed preliminary plat, except where previously reviewed under the special procedure Section of Chapter 415, Zoning Regulations, in which case there shall be no fee. Credit shall be given to the developer for fifty percent (50%) of the filing fee at the time of submission of a proposed record plat. There shall be a filing fee of three hundred dollars ($300.00) for a minor subdivision plat, condominium plat, boundary adjustment, or lot split approval.
B.
Subdivision Permit Fees.
1.
There shall be a subdivision permit fee of thirty-five dollars ($35.00) per lot accompanying the submission of a proposed residential record plat.
2.
There shall be a subdivision permit fee of fifteen dollars ($15.00) per dwelling unit accompanying the submission of a proposed record plat for multiple-family dwelling unit subdivision.
3.
There shall be a subdivision permit fee of fifty dollars ($50.00) per acre accompanying the submission of a proposed record plat for a non-residential subdivision.
C.
Display Plat Permit Fee. There shall be a filing fee of two hundred fifty dollars ($250.00) plus a fee of fifty dollars ($50.00) per unit accompanying the submission of a display plat.
D.
Certificate Of Approval. There shall be a fee of seventy five dollars ($75.00) for a certificate of approval.
E.
Highway Inspection Fee. The Department shall also collect inspection fees for the account of the City of Wildwood at the rate of sixty-five dollars ($65.00) per hour, based upon the Director of Public Works' estimate of time required to inspect storm sewers and other drainage structures, outside the Metropolitan St. Louis Sewer District, and the streets, public or private, including paving and sidewalks. The Department of Public Works shall be entitled to full compensation for the time consumed in making such reviews or inspections and for actual costs of ones contracted for services related to inspections or reviews. If the estimated fee is inadequate, the necessary additional fees shall be collected by the Department upon notice from the Department of Public Works, and if the estimated fee is in excess of the amount actually expended, the balance shall be refunded by the Department of Public Works. Claims for such refunds shall be paid when audited and approved by the Director of Public Works.
F.
In addition to all fees provided for herein, the developer shall pay for and arrange for other inspections or reviews by the Department of Public Works and Department of Planning as may be required by other ordinances and regulations of the City. The Director of Public Works may require any inspection or review to be undertaken by a third party including, but not limited to, a civil engineer, traffic engineer, architect, or other professional and shall collect from the developer the actual cost of such inspection or review.
G.
The Department shall at the end of each month account for the inspection fees collected.
H.
There shall be a review fee of three hundred fifty dollars ($350.00) accompanying an application for variance to this Chapter.
[R.O. 1997 § 420.380; Ord. No. 209 § 1005.380, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Grounds. The Director of Planning may modify or authorize a variance to all provisions of this Chapter, when the following circumstances apply:
1.
The tract to be subdivided is of such unusual size or shape, or contains such topographic conditions or characteristics, or is intended for the construction of improvements of such unusual design or arrangement that the strict application of requirements in this Chapter would impose practical difficulties or particular hardship.
2.
Criteria for variances established elsewhere in this Chapter for a specific requirement have been met.
3.
The granting of a variance will not be detrimental to the public interest.
4.
In granting variances the Director may require such conditions which in his/her judgment secure the objectives of this Chapter.
B.
Application For Variance. Shall be made in writing and state fully and clearly all facts necessary to support the request. All requests shall be accompanied by the processing fee established in Section 420.370. The application shall be accompanied by maps, plans, or additional data which may aid in the complete analysis of the request.
C.
The Director shall make a decision regarding the variance request or request additional information within twenty (20) working days of receipt of the request. The petitioner shall be notified in writing of the decision of the Director.
D.
Low Cost Housing.
1.
It is the intent of this Chapter to permit and facilitate housing for low and moderate income families and individuals of the City of Wildwood. It is also the intent of this Chapter to facilitate such housing without lowering the requirements contained in this Chapter. However, the use of varied designs, new design techniques, and other similar alternatives are encouraged as an alternate to reducing the minimum requirements listed herein. Therefore, there is hereby established provision for variances in lot size requirements, flexibility in building types, varied relationships between buildings, alternate improvement standards, and other alternate approaches when such accompany or are a part of a density development procedure under Chapter 415, Zoning Regulations. Such a development must have adequate provisions for minimum supporting recreational facilities and provide for the development of a diverse and interesting urban environment. Nothing in this Chapter shall prohibit the sale of an apartment, townhouse, duplex, or other type of dwelling unit as individual units or on individual lots under the Condominium Law of the State of Missouri. Utilization of this law in order to attain a high degree of private ownership in such housing developments for low and moderate income families and individuals is encouraged.
2.
Under the provisions of this Section, variances may be received, considered and acted upon by the Commission as a part of and under the density development procedure, subject to payment, if approved, of one-half (1/2) the appropriate fee for such variances. Under this procedure, such special variances will be considered only when there is adequate assurance that the development actually will be utilized for low and moderate income families.
[R.O. 1997 § 420.385; Ord. No. 209 § 1005.385, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
A.
Upon the denial of an application for a variance by the Director, petitioner may file a formal appeal, upon payment of an additional variance fee to the Commission, requesting a formal determination from the Commission. The Commission may affirm, reverse or modify, in whole or in part, any determination by the Department.
B.
Right-Of-Way Requirements.
1.
The developer may appeal to the City Council the right-of-way required by the Department of Planning on request by the Department of Public Works under Section 420.180(A)(1)(j) when the requirement for right-of-way is in excess of twenty (20) feet on either side of a street.
2.
The Department of Public Works may appeal to the City Council when the preliminary plat has been approved by the Department of Planning which does not reflect a request by the Department of Public Works for dedication under Section 420.180(A)(1)(j) along an existing street for right-of-way in excess of twenty (20) feet on either side of a street.
3.
Appeals filed under this provision shall be filed with the City Council within fifteen (15) days after date of action on the determination of right-of-way requirements by the Department of Planning.
[R.O. 1997 § 420.390; Ord. No. 209 § 1005.390, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
The Department may adopt, amend and publish rules and instructions within the intent of this Chapter for the administration of this Chapter to the end that the public be informed and that approval of plats be expedited.
[R.O. 1997 § 420.400; Ord. No. 209 § 1005.400, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001; Ord. No. 1607 § 1, 3-23-2009]
A.
No property description of any subdivision within the jurisdiction of this Chapter shall be entitled to be recorded in the St. Louis County Office of the Recorder of Deeds or have any validity until it has been approved in a manner prescribed herein. In the event 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.
B.
Any person, firm, association or corporation violating any provisions of this Chapter, or any employee, assistant, agent or any other person participating or taking any part in, joining or aiding in a violation of any provision of this Chapter may be prosecuted as provided by law for the violation of ordinances of the City of Wildwood and upon conviction shall be punished by a fine and imprisonment as set out in Section 100.140 of this Code.
C.
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 Chapter.
[R.O. 1997 § 420.405; Ord. No. 209 § 1005.405, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
Any court ordered division of a tract of land must comply with the requirements of this Chapter.
[R.O. 1997 § 420.410; Ord. No. 209 § 1005.410, 2-26-1996; Ord. No. 675 §§ 1—2, 1-8-2001]
At the discretion of the City, the remaining sections of any subdivision having been given preliminary approval by St. Louis County within three (3) years prior to the adoption of this Chapter, for which one (1) or more record plats have been filed in the Office of the Recorder of Deeds within six (6) months after the effective date of this Chapter (February 26, 1996) may be permitted to continue to develop under the provisions of the existing Subdivision Regulations as adopted by the City of Wildwood. However, if authorized, the remaining sections must be recorded within two (2) years after the effective date of this Chapter, or unless the time is extended by resolution of the City Council.