[Ord. No. 1346 §1(21.01-A), 11-13-1989]
This Chapter shall be known and may be cited as the "Subdivision Regulations of the City of Town and Country, Missouri".
[Ord. No. 1346 §1(21.01-B), 11-13-1989]
This Chapter is adopted to provide regulations and standards to guide the subdivision of land within the City for the purpose of promoting the public health, safety, convenience and general welfare of the City for the purpose of establishing accurate records of land subdivisions; and in general to facilitate the orderly coordinated, efficient and economic development of the City.
[Ord. No. 1346 §1(21.01-C), 11-13-1989]
This Chapter is adopted pursuant to the authority granted by the General Assembly of the State of Missouri as provided in Chapter 89, Section 89.410, RSMo., 1978.
[Ord. No. 1346 §1(21.01-D), 11-13-1989]
No portion of a proposed subdivision shall include land located outside the corporate limits of the City.
No land shall be divided within the corporate limits of the City until:
Subdivider or the subdivider's agent has submitted a preliminary plat, site plan, improvement plans and a record plat in accordance with the City's requirements, procedures and the standards established herein for review and appropriate action by the department responsible for the development of land, the Planning and Zoning Commission, and the Board of Aldermen;
Appropriate approvals of the preliminary plat, improvement plans and record plat are obtained in accordance with the procedures of this Chapter; and
The approved record plat is filed with the St. Louis County Recorder of Deeds. In the event a record plat which has not been duly approved and fully executed is recorded it shall be considered invalid and the City shall institute proceedings to have the plat stricken from the records of the County.
No significant changes, erasures, modifications or revisions, as determined by the department, shall be made on a record plat of a subdivision after final approval has been given and endorsed in writing on the plat, unless the plat is first resubmitted and reapproved in accordance with the procedures established herein. Revisions such as minor adjustments of easements or minor mathematical corrections may be made with the approval of the designated City authority.
The division of land involving the sale or transfer of parcels of land to or between adjoining property owners, where such sale or transfer does not create an additional lot nor reduce the original lot or lots below the zoning requirements of the applicable district or districts, is considered a boundary line adjustment and is exempt from the subdivision requirements; provided however, that prior to such sale or transfer a plat of the subdivision is submitted to the Planning and Zoning Commission staff for their review and recommendation, whereupon, the Planning and Zoning Commission staff shall forward the plat along with said recommendation to the Board of Aldermen for the Board's consideration and for the adoption of an ordinance approving the "boundary adjustment plat", should the Board of Aldermen so determine. If the Board of Aldermen deems that further investigation or inquiry is required, the Board may refer consideration of the boundary adjustment and plat to the Planning and Zoning Commission for their review and recommendation prior to making a determination. Such division of land, so approved, shall be recorded with the title of the property in the office of the St. Louis County Recorder of Deeds.
[Ord. No. 1346 §1(21.01-E), 11-13-1989]
Procedure For Resubdivision. Any changes in a recorded plat deemed by the department to be significant, including but not limited to changes in lot lines, street layout, areas reserved for common ground or public use, excluding those minor adjustments identified in the preceding Section 410.040(D) shall be reviewed and approved by the same procedure, rules, and regulations as for land subdivision.
Procedure For Subdivision Where Further Subdivision Is Possible. Whenever a parcel of land is subdivided and the subdivision plat shows one (1) or more lots have the potential for additional subdivision under the provisions herein, the Commission may recommend and the Board of Aldermen may require that such parcel of land provide for the future opening of streets, water and sewer and other utility lines, or the ultimate extension of adjacent streets. Easements providing for the future opening and/or extension of such streets, water and sewer and other utility lines may be made a condition of record plat approval.
[Ord. No. 1346 §1(21.01-F), 11-13-1989]
The City or the owner or owners of the total area of a subdivision plat may initiate action to vacate a record plat in part or total by submitting a written instrument including a copy of the original plat and a map identifying the proposed configuration of the platted area to the Commission for review.
The instrument shall include as attachments, documents from utility companies with easements and/or rights-of-way within the subject area granting permission for the vacation of existing easements and/or rights-of-way. The City may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements or streets.
Such instrument shall be executed, approved, and recorded in a like manner as record plats of subdivisions; being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, and public grounds, and all dedications laid out or described in such plat.
If an indenture of restrictions has been filed with a record plat, before the record plat or any portion thereof may be vacated, the indenture of restrictions shall be amended in accordance with the amendment procedure contained in said indenture to exclude all or any portion of the land covered by the indenture of restrictions.
[Ord. No. 1346 §1(21.01-G), 11-13-1989]
General. When a subdivider believes the regulations and standards provided herein create an undue hardship on the subdivision of land, the subdivider may petition for a variance as follows: If the regulation or standard is also a zoning regulation or standard, the subdivider may petition the Board of Adjustment for the variance; if the regulation or standard is a non-zoning regulation or standard, then the subdivider may petition the Board of Aldermen for the variance. The Commission shall review and report on the requested variance prior to the hearing by the Board of Aldermen. The Board of Aldermen shall, in addition, give fifteen (15) days' notice by first class mail to the subdivider and all property owners as shown on the tax records of the City within three hundred (300) feet of the boundaries on the site for which the appeal is filed of the time and place of the hearing.
Board Of Adjustment Variance. The Board of Adjustment shall act in accordance with the provisions set forth in the City's Zoning Code. If the Board of Adjustment grants a variance to a zoning regulation or standard and said regulation or standard is also contained in the City's subdivision ordinance, then the Board of Adjustment is granting not only a zoning variance but also a subdivision ordinance variance as well.
Board Of Aldermen Variance. The Board of Aldermen may vary or modify subdivision regulations and standards in such a manner that the subdivider is allowed to plan and develop his/her property and record a plat of same without unjust difficulties and expenses, but at the same time the public welfare and interests of the City are fully protected and the general intent and spirit of the regulations and standards are preserved.
[Ord. No. 1346 §1(21.01-I), 11-13-1989]
The Board, from time to time, may adopt, amend and publish additional regulations, procedures or standards which will assist in the administration of this Chapter. Any changes or amendments to this Chapter shall not become effective until after study and report by the Commission to the Board and a duly advertised public hearing on any proposed change or amendment is held by the Board.
[Ord. No. 1346 §1(21.01-J), 11-13-1989]
Types of subdivisions for the City of Town and Country are as follows:
Residential subdivision. Residential uses shall be those defined in the City's Zoning Code.
Large lot subdivision.
Commercial subdivision. All non-residential subdivisions shall be deemed commercial subdivisions for purposes of this Chapter and developed under the standards and regulations applicable herein to commercial subdivisions. The uses shall be those allowed under the Zoning Code, Chapter 405, for the district wherein the subdivision is located.
[Ord. No. 1346 §1(21.01-K), 11-13-1989]
If any provision of this Chapter is found to be violated, all permits issued authorizing construction within the subdivision may be revoked. In the event the violations have been corrected or in lieu thereof, the City in its discretion shall have accepted an appropriate guaranty or surety bond or cash escrow sufficient to cover the cost of the correction thereof, such permits may be reinstated.
[Ord. No. 1346 §1(21.01-L), 11-13-1989]
A site plan required by the Zoning Code, Chapter 405, which complies with all requirements of this Chapter for a preliminary plat may be used as a preliminary plat.
[Ord. No. 2430 §2, 2-16-2000]
The owner or general agent of a building or premises where a violation, as defined herein, has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist, or the general agent, architect, building, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall upon conviction be punished by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. For subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
Any such person who having been served with an order to remove any such violation shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of this Chapter in the respect named in such order shall also be subject to an additional civil penalty of two hundred fifty dollars ($250.00).
The term "violation" shall include any violation of (1) any provision of this Chapter, (2) any regulation or order of the Board of Aldermen, the Planning and Zoning Commission, an authorized building official, the Planning Director or any other authorized City entity or official pertaining to any building or premises, (3) any ordinance or resolution approving, conditioning, restricting or limiting an approved land use in or on a building or premises, or (4) any other condition or restriction of, or limitation on, an approved land use in or on a building or premises or in connection with the development of a subdivision.