[Ord. No. 605 §1(25.010), 5-8-2000]
For the purpose of this Article, certain terms and words are
defined as follows:
METES AND BOUNDS
The method used to describe a tract of urban land intended
to be used for dwelling or other purposes so that it can be recorded
in the St. Louis County Recorder's office, as contrasted with the
description of a part of a properly approved and recorded subdivision
plat by lot and block number.
SUBDIVISION
A subdivision of land is either (1) the division of land
into two (2) or more lots, sites or parcels of three (3) acres or
less in area; (2) establishment of dedication of a road, highway,
street or alley through a tract of land regardless of area; (3) resubdivisions
of land heretofore divided or platted into lots, sites or parcels.
Any sale or contract of sale or agreement to purchase any portion
or any lot or division of land either by lot description or by metes
and bounds as defined in the proceeding portion of this Section shall
constitute a subdivision of land and require, prior to any sale or
contract of sale or agreement to purchase and before the delivery
of a deed, the submission of a plat to the City Plan Commission as
provided in this Article; provided however, that the sale or exchange
of parcels of land to or between adjoining property owners where such
sale or exchange does not create additional lots shall not be considered
a subdivision of land.
[Ord. No. 605 §1(25.020), 5-8-2000]
A. In seeking
to subdivide any tract or parcel of land within the corporate limits
of the City of Oakland, the owner or his/her authorized agent shall:
1. Prepare and submit to the City Plan Commission a preliminary subdivision plan in accordance with the provisions of Section
410.030 hereof. The owner of a tract of land having one (1) or more acres or more than one (1) parcel to be resubdivided having a combined acreage of one (1) or more acres to be resubdivided shall deposit the sum of one hundred dollars ($100.00) with the Director of Finance at the time the preliminary plat is filed, said one hundred dollars ($100.00) to be applicable as the land subdivision permit fee required by the provisions of this Article; provided however, that said amount shall not be returned to the developer upon failure to meet the requirements of this Article or submit a final plat in proper form. Said fee shall be used for the purpose of providing funds for the administrative costs incidental to the processing of the plat by the Board, the Plan Commission and their officers or employees, including review of improvement plans, meetings and any other costs incurred in the processing of plats.
2. Follow the provisions of Section
410.040 hereof in the design of the subdivision.
3. Following approval of the preliminary subdivision plan, prepare and submit to the City Engineer improvement plans for the subdivision and also prepare and submit to the City Plan Commission and to the Board of Aldermen a final subdivision plat in accordance with the provisions of Section
410.050 hereof.
4. Within
ninety (90) days following the approval of the final subdivision plat
by the Board, record the plat in the office of the Recorder of Deeds
of St. Louis County or notify the Board of Aldermen in writing of
the abandonment of the proposed subdivision. All approvals of final
subdivision plats not recorded within ninety (90) days as above specified
shall be void; provided however, that the period herein specified
for recording of the plat may be extended by resolution of the Board
so long as the request for such extension is presented to the Board
in writing prior to expiration of the ninety (90) day period after
the final approval of the plat.
5. After
all signatures have been affixed to the final plat, seven (7) blue
line prints, one (1) of which is on cloth, shall be sent to the City
Engineer.
[Ord. No. 605 §1(25.030), 5-8-2000]
A. In seeking
to subdivide land into building lots or to dedicate streets or land
for public use or to re-subdivide land heretofore divided or platted
into lots, sites or parcels, together with the dedication or reservation
of public or private streets, the owner shall submit seven (7) copies
of the preliminary plan, accurately drawn, which shall be submitted
at a scale of one hundred (100) feet to the inch or larger scale and
shall show:
1. The
location of the present property lines, section, Congressional Township
lines, U.S. Survey and lines of incorporated areas, streets, buildings,
watercourses, sink holes, tree masses and other similar and existing
features within the area to be subdivided and similar facts regarding
existing conditions on property immediately adjacent thereto.
2. The
proposed location and dimensions of streets, alleys, lots, building
lines and easements and the approximate area of lots in square feet.
3. Existing
sewers, water mains, culverts and other underground structures within
the tract or immediately adjacent thereto. The location and size of
the nearest water main and sewer or outlet shall be indicated in a
general way upon the plat.
4. The
name under which the proposed subdivision is to be recorded and the
name of the subdivider and of the registered engineer, if any, platting
the tract.
5. The
names and adjoining boundaries of all adjoining subdivisions and the
names of the record owners of adjoining parcels of unsubdivided land.
6. North
point, scale and date.
7. A contour
map showing contour intervals of five (5) or less feet for all subdivisions
containing more than two (2) acres of land.
The preliminary plan should determine the character and general
details of the development and should be accompanied by plans and
statements regarding the details of improvements such as grading,
paving, sewers and water mains. The approval of the preliminary plan
does not constitute an acceptance of the subdivision, but merely authorizes
the developer to proceed with work upon the final plan.
[Ord. No. 605 §1(25.040), 5-8-2000]
A. All subdivision
plats shall conform to the following minimum standards. All engineering
work required herein shall be performed by a registered professional
engineer.
1. Relation to adjoining street system. The subdivider may
be required to continue certain adjoining streets through the area
being subdivided when necessary to provide for local vehicular movement
or to enable adjoining property to be properly subdivided.
2. Street and alley widths.
a. The
width of major streets shall conform to the width designated on the
major street plan as adopted by the City of Oakland and any subsequent
amendments thereto.
b. The
minimum width of rights-of-way for two-family or multiple dwelling
developments shall be sixty (60) feet.
c. The
minimum width of rights-of-way for single-family developments shall
be fifty (50) feet.
d. Whenever
any subdivision or resubdivision provides lots in the interior of
existing blocks, such lots shall front upon, or have proper access
to, a permanently dedicated street which connects with one (1) of
the streets bounding the block. All such dead ended streets shall
make adequate provision for the turning of vehicles in the interior
portions of the block. Such turning area shall be a circular drive
having an overall diameter of not less than one hundred (100) feet
to the street lines.
e. Whenever
there exists a dedicated or platted portion of a street adjacent to
the tract to be subdivided, the other portion of the street shall
be platted or dedicated to prove a minimum right-of-way of fifty (50)
feet and twenty (20) feet for alleys.
f. Alleys
and off-street parking space will be required adjacent to all business
lots and alleys shall be at least twenty (20) feet wide. A ten (10)
foot cutoff shall be made at all acute and right angle alley intersections.
Off-street parking space shall be provided in all new business districts
to conform with applicable provisions of the Zoning Code.
g. Whenever
the tract to be subdivided adjoins an existing public street which
does not meet the standard specifications of the City of Oakland for
public streets as shown in the Master Plan, the developers may be
required to alter and repair the existing street in accordance with
the said specifications.
h. All
street intersections shall be rounded to a minimum radius of fifteen
(15) feet.
3. Blocks and lots.
a. No
block shall be longer than fifteen hundred (1,500) feet between street
lines.
b. Where
blocks are over seven hundred fifty (750) feet in length, the Commission
may require a crosswalk near the center of the block. The right-of-way
for any such walks shall not be less than ten (10) feet in width,
which said right-of-way shall be dedicated to the public for walkway
purposes. No part of said right-of-way shall constitute a portion
of a platted lot. Such walk space, if required, shall be improved
by the subdivider with a four (4) foot wide concrete walk.
c. Whenever
a new subdivision is located at a considerable distance from property
already platted, the width of blocks, except for special reasons,
shall not be less than two hundred fifty (250) nor more than four
hundred (400) feet.
d. All
side lines of lots shall be at right angles to straight street lines
or radial to curved street lines, unless a variation to this rule
will give a better street and lot plan. Lots with double frontage
shall be avoided.
e. The
minimum width of lots shall be in conformity with the requirements
of the zoning regulations of the City of Oakland.
f. Corner
lots shall have extra width to permit the maintenance of building
lines on both front and side streets, as may be required by the Zoning
Code.
g. The
minimum area of all lots shall conform to the area regulations of
the zoning district in which the subdivision is located.
h. All
lots shall front on a dedicated public or private street, except for
the lots approved as part of a planned environmental unit or a final
development plan for a multiple-family residential development.
4. Easements. Easements of not less than five (5) feet in width
shall be provided on each side of all rear lot lines and side lines
where necessary for poles, wires, conduits, storm and sanitary sewers,
gas, water and drainage ditches. Easements of greater width may be
required along lines or across lots where necessary for the extension
of main sewers and similar utilities.
5. Streams and surface watercourses. Detailed plans shall be
submitted, showing the location of all streams and surface watercourses
affecting the proposed subdivision, together with such improvements
of such streams and surface watercourses, which may be necessary,
such as widening, straightening, surfacing or other improvements of
such channels.
6. Sewers. The subdivider shall install stormwater and sanitary
sewers and provide a sanitary sewer connection for each lot in accordance
with the standards and specifications of the St. Louis Metropolitan
Sewer District and before the improvements are begun, the plans shall
be approved by the St. Louis Metropolitan Sewer District. Evidence
shall be submitted to the City that the St. Louis Metropolitan Sewer
District has approved the plans for the stormwater and sanitary sewer
facilities. Whenever feasible, sanitary sewer facilities, including
house connections to each lot from the sewer to beyond the curb line,
shall be constructed prior to the installation of street improvements.
7. Water mains and fire hydrants. The subdivider shall install
water mains and fire hydrants in the subdivided areas. Such installations
shall be in accordance with the standards and specifications of the
City of Oakland.
8. Street names. Streets that are obviously in alignment with
others already existing and named shall bear the names of the existing
streets. Before the final plat for the subdivision shall be approved,
the subdivider shall submit a statement from the St. Louis Postmaster
approving the names of the proposed streets.
[Ord. No. 605 §1(25.050), 5-8-2000]
A. The final
plat in ink on tracing cloth and five (5) black and white prints thereof,
together with copies of deed restrictions and two (2) copies of certified
plans showing the improvements that have been constructed within the
subdivision or bond assuring construction of said improvements in
accordance with plans previously approved, shall be submitted to the
City Plan Commission.
B. The final
plat is to be drawn at a scale of one hundred (100) feet or less to
the inch from an accurate survey and on one (1) or more sheets whose
maximum dimensions are twenty-nine (29) inches by thirty-four (34)
inches. In certain unusual instances where the subdivided area is
of unusual size or shape, the City Plan Commission may permit a variation
in the scale or size of the final plat. The final plat shall show
the following:
1. The
boundaries of the property; the lines and extent of all proposed streets
and alleys with their width and names and any other areas intended
to be dedicated to public use.
2. The
lines of adjoining streets and alleys with their width and names.
3. All
lot lines and easements with figures showing their dimensions.
4. All
dimensions, both linear and angular, necessary for locating boundaries
of the subdivided area, including lots, streets, alleys, easements
and building line setbacks and any other similar public or private
areas. The linear dimensions shall be expressed in feet and decimals
of a foot.
5. Radii,
arcs, points of tangency, central angles for all curvilinear streets
and radii for all rounded corners.
7. Title
and description of property subdivided, showing its location and extent,
point of compass, scale of plan and name of subdivider and certificate
of registered land surveyor that the plan represents a survey made
by him/her and that the results of said survey are correctly shown
thereof.
8. Any
private restrictions shall be shown on the plat or reference made
to them thereon and plats shall contain proper acknowledgments of
owners and holders of mortgages accepting said platting and restrictions.
9. A certificate
shall accompany the final plat showing that all taxes due shall have
been previously paid and a certificate of title or photocopy thereof
shall be submitted for inspection.
10. If
the City Plan Commission disapproves the plat, it shall transmit its
reasons to the Board of Aldermen and the Board may then approve the
plat only by a five-sevenths (5/7) vote of its membership.
[Ord. No. 605 §1(25.060), 5-8-2000]
A. Before
the Board of Aldermen will officially accept any street in a subdivision
and become responsible for its maintenance, supervision and repair,
such street shall be improved to the following standards and the Board
shall have received a certificate from the City Engineer that the
improvements conform to the following standards:
1. All
streets shown on the plat shall be for the full width of the right-of-way
to grades approved by the City Engineer and such streets shall be
paved to a minimum width of twenty-six (26) feet back to back of curbs
with a concrete pavement six (6) inches thick with integral curbs
or a waterbound macadam base seven (7) inches thick with separate
concrete curb and gutter and a bituminous wearing surface two (2)
inches thick.
a. The
bituminous surface may be asphaltic concrete or penetration macadam
with two (2) seal coats.
b. The
above widths and types of pavement are minimum requirements for fifty
(50) rights-of-way and may be increased if the Board of Aldermen decides
wider pavements and increased thicknesses are necessary,
B. Monuments
shall be placed at angle points, points of curves in streets and at
such points as shall be required by the City Engineer or at related
points approved by the City Engineer. Such monuments shall be either
stone or concrete not less than four (4) inches square at the top
and six (6) inches square at the bottom and thirty (30) inches long.
C. Water
mains and fire hydrants shall also be installed in conformity with
the standards of the City of Oakland and in accordance with the local
practice of such installations.
D. Sidewalks
may be required by the Board of Aldermen. Such walks shall be of concrete
four (4) feet wide and meet the City requirements.
E. Before
the final plat of any subdivided area shall be approved and recorded,
the subdivider shall make and install the improvements described in
this Section. In lieu of final completion of the minimum improvements
before the plat is finally approved, the subdivider may post a bond
or escrow agreement, approved by the City Attorney and Director of
Finance, with the City of Oakland which bond or escrow agreement will
insure to the City that the improvements will be completed by the
subdivider within two (2) years after the final approval of the plat.
The amount of the bond shall not be less than the estimated cost of
the improvements and the amount of the estimate must be approved by
the City Manager or his/her assistants. If the improvements are not
completed within the specified time, the Board may use the bond or
any necessary portion thereof to complete the same.
F. The design
of all improvements, such as the grade and type of pavement, water
mains, etc., shall be submitted to the City Engineer and meet his/her
approval before any construction shall proceed. Such plans shall be
prepared by the subdivider's engineer and such work shall be carried
out under the supervision of the City Engineer. The subdivider's engineer
shall maintain a competent inspector on the job when paving and sewer
work is being done.
[Ord. No. 605 §1(25.065), 5-8-2000]
A. All trustees,
directors and other officers of subdivisions within the City of Oakland
shall annually, on or before the fifteenth (15th) day of June of each
year, submit to the City Manager the subdivision indentures or agreements
of such subdivisions with all amendments thereto and names and addresses
of all such trustees, officers or directors, specifying the name of
the director or officer to whom communications from the City should
be referred.
B. In the
event any such subdivision by and through such trustees, officers
and directors shall fail to file such indentures or amendments thereto
and such listing and designation, the City shall, for all purposes,
be entitled to presume that the last or original indenture and the
officers, directors or trustees last known or listed by or with the
City shall be presumed conclusively to remain and continue to be in
effect in office and shall be liable as such.
[Ord. No. 605 §1(25.067), 5-8-2000]
A. Except as provided in Subsection
(B) below, the procedures for review of condominium plats shall be as follows:
1. Any condominium plat required by Chapter 448, RSMo., 1998, as amended, shall be submitted by the developer of the property affected to the City Plan Commission for review and approval. Upon approval by the Plan Commission, the recommendation of the Plan Commission and said plats shall be forwarded to the Board of Aldermen for review and approval by the adoption of an appropriate ordinance. The condominium plat shall be processed under Section
410.020 of the Code of Oakland and fees paid in accordance therewith.
2. Approval
by the City Plan Commission and Board of Aldermen of the condominium
plat shall be conditioned upon compliance with Chapter 448, RSMo.,
1998, including, but not limited to, Section 448.040 thereof with
reference to required contents of a condominium plat.
3. In addition,
condominium plats shall comply with all provisions of this Chapter
not contrary to or inconsistent with the provisions of Chapter 448,
RSMo., 1998, the Zoning Code of the City of Oakland and the Building
Code of the City of Oakland.
B. In all instances where a condominium development plan has been approved by the Board of Aldermen the subsequent condominium plat will not require Plan Commission review or Board of Aldermen approval. Upon review and approval of the condominium plat by the Director of Public Works, the City Clerk may certify approval of the plat by authority of the ordinance approving the development plan. If the Director of Public Works determines that the condominium plat as submitted is not substantially in compliance with the approved development plan, the condominium plat must be reviewed and approved in accordance with the procedures of Subsection
(A) above.
C. A copy
of all condominium plats and declarations filed with the St. Louis
County Recorder of Deeds applicable to condominiums within the City
of Oakland must be filed with the City Clerk.
[Ord. No. 605 §1(25.070), 5-8-2000]
Whenever the strict enforcement of these regulations would entail
unusual, real and substantial difficulties or hardships, the City
Plan Commission and the Board of Aldermen may vary or modify them
in such a way that the subdivider is allowed to plan and develop his/her
property, record a plat of same and make necessary improvements without
unjust difficulties and expense, if at the same time the public welfare
and interests of the municipality are fully protected and the general
intent and spirit of the regulations preserved.
[Ord. No. 605 §1(25.080), 5-8-2000]
A. No plat
or any subdivision shall be entitled to be recorded in the County
Recorder's office or have any validity until it shall have been approved
in the manner prescribed herein and by ordinance of the Board of Aldermen.
B. No building
or repair permits shall be issued for any structure located on a lot
in any subdivision, the plat of which has been prepared after the
date of the adoption of this Article but which has not been approved
in accordance with the provisions contained herein.
C. The Board
of Aldermen shall not permit any public improvements over which it
has any control to be made or any money expended for improvements
in any area that has been subdivided or upon any street that has been
platted after the date of the adoption of this Article unless such
subdivision or street has been approved in accordance with the provisions
contained herein.
D. Any person who sells or attempts to sell a lot by metes and bounds in violation of this Article shall be guilty of an ordinance violation and shall be fined in accordance with Section
100.220 of this Code.
E. Any person,
firm or corporation who violates or fails to comply with or who permits
or causes any person in his/her or its employ to violate or fail to
comply with any provision of this Article shall upon conviction thereof
be subject to a fine of not more than one hundred dollars ($100.00)
for each and every offense.
[Ord. No. 605 §1(25.090), 5-8-2000]
Any provisions of this Article may be changed and amended from
time to time by the Board; provided however, that such changes or
amendments shall not become effective until after study and report
by the City Plan Commission.