[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;
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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.
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[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 insurance company qualified and acting under the provisions of Chapter 379, RSMo., which has met the requirements of Section 379.020, RSMo., thereof and which is approved by the City Attorney or to act as a surety under Section 420.080 of this Chapter.
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.
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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.
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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.
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Nothing herein shall preclude the
Department from completing additional inspections at its discretion
or as a courtesy to the Developer.
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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.
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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.
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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:
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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.
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b.
If said notice is for a lot:
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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.
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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
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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.
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The identification of related entities
shall be supported by documentation from the Secretary of State's
Office, Jefferson City, Missouri.
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[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.
(1)
Outside illumination of all structures to the level described in Subsection (A)(5)(c) below when required by deed restrictions or covenants, subject to approval of the Department.
(2)
Parking Area Lighting
Plan.
(a)
Parking area lighting shall be designed and installed so as to achieve the illumination levels set forth in Subsection (A)(5)(c) below. Lighting shall be maintained.
(b)
The source of illumination
shall not be lower than ten (10) feet above grade except as approved
by the Department of Planning.
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.
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or
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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.
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or
|
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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.
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|
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.
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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.
