[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]
B.
No
portion of a proposed subdivision shall include land located outside
the corporate limits of the City.
C.
No
land shall be divided within the corporate limits of the City until:
1.
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;
2.
Appropriate approvals of the preliminary plat, improvement plans
and record plat are obtained in accordance with the procedures of
this Chapter; and
3.
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.
D.
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.
E.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
C.
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]
A.
Types
of subdivisions for the City of Town and Country are as follows:
1.
Residential subdivision. Residential uses shall
be those defined in the City's Zoning Code.
2.
Large lot subdivision.
3.
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]
A.
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.
B.
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).
C.
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.
