Editor's Note — This chapter comprises the subdivision
regulations of the City, as contained in art. XIII of ord. no. 346.
The provisions contained in this chapter were originally enacted as
part of the zoning ordinance of the city and, as such, were adopted
with the same formality as required by ch. 89, RSMo.
Cross References — As to property maintenance code generally, ch.
505; as to streets, sidewalks and public places generally, ch.
510; as to zoning generally, ch.
405.
[R.O. 2012 §410.010; CC 1975 §28-1; Ord. No. 346 Art. 13, §1, 2-10-1969]
A. For
the purposes of this Chapter, a "subdivision of land" is:
1. The division of land into two (2) or more tracts, sites or parcels
of less than three (3) acres in area.
2. Dedication or establishment of a street through a tract of land.
3. Resubdivision of land heretofore divided or platted into lots, sites
or parcels, containing one (1) acre or more or a total area of one
(1) acre or more.
4. Any sale or contract of sale or agreement to purchase any lot or
division of land, either by lot description or by metes and bounds,
shall constitute a subdivision of land, as defined in the preceding
portion of this Section, and requires, 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 Zoning and Planning Commission as
required by law; provided, that this shall not apply to land in subdivisions
previously recorded, to sales of land used or to be used for orchards,
forestry or the raising of crops, in parcels of three (3) acres or
more in size, upon certification by the Zoning and Planning Commission,
or to the sale or exchange of small parcels of land to or between
adjoining property owners, where such sale or exchange does not create
additional lots, upon certification which must be granted by the Zoning
and Planning Commission.
[R.O. 2012 §410.020; CC 1975 §28-2; Ord. No. 346 Art. 13, §2, 2-10-1969]
Every subdivision of land within the incorporated area of the
City shall be shown upon the plat and submitted to the Zoning and
Planning Commission for approval or disapproval. No plat shall be
recorded in the office of the Recorder of Deeds, and no lots shall
be sold from such plat unless or until approved by the Zoning and
Planning Commission of the City.
[R.O. 2012 §410.030; CC 1975 §28-3; Ord. No. 346 Art. 13, §3, 2-10-1969]
Plans for improvements required in Section
410.050 through Section
410.100 shall be prepared by a registered engineer. The improvements listed in those Sections shall be installed prior to the approval of the final plat, which is prepared for recording purposes. In lieu of actual completion of such improvements, the subdivider may file with the Zoning and Planning Commission a surety bond or approved escrow agreement to secure the City the actual construction of such improvements in a manner satisfactory to the City and within a period specified by the Commission, but such period shall not exceed two (2) years. Such bond or escrow agreement shall be in the amount and with surety and conditions satisfactory to the City and shall be accompanied by signed statements from the City Engineer or Building Commissioner that the amount of the Bond or escrow agreement is adequate to cover the cost of the improvements.
[R.O. 2012 §410.040; CC 1975 §28-4; Ord. No. 346 Art. 13, §3, 2-10-1969]
The owner of the tract may prepare and secure tentative approval
of a final subdivision plat of the entire area and may install the
improvements required by this Chapter only in a portion of such area,
but the improvements must be installed in any portion of the area
for which a final plan is approved for recording, and the owner may
sell or lease or offer for sale or lease lots only in the improved
portion of such property; provided, that trunk sewers and sewage treatment
plants be designed and built to serve the entire area or designed
and built in such a manner that they can easily be expanded or extended,
as the case may be, to serve the entire area.
[R.O. 2012 §410.050; CC 1975 §28-5; Ord. No. 346 Art. 13, §3, 2-10-1969]
All subdivision boundary corners and the four (4) corners of
all street intersections shall be definitely marked with permanent
monuments. A permanent marker shall be constructed of concrete with
a minimum dimension of four (4) inches extending below the frost line,
or steel pipe firmly imbedded in concrete which extends below the
frost line. Should conditions prohibit the placing of monuments on
line, offset marking will be permitted; provided, that exact offset
courses and distances are shown on the subdivision plat.
[R.O. 2012 §410.060; CC 1975 §28-6; Ord. No. 346 Art. 13, §3, 2-10-1969]
A. All
street rights-of-way shall be graded full width and the roadway improved
by surfacing. Roadway surfacing shall be in accordance with the County
standard specifications for concrete roads, until such time as the
City may, by separate ordinance, provide for other road specifications.
B. All
grading and surfacing shall be done under supervision of a registered
engineer, or such other person as the City Council may designate,
and shall be subject to approval. The treatment of the intersection
of any new street with a State highway shall be approved by the Missouri
Department of Transportation, and such other person as the City Council
may designate to supervise construction and maintenance of City streets.
[R.O. 2012 §410.070; CC 1975 §28-7; Ord. No. 346 Art. 13, §3, 2-10-1969]
Sidewalks may be required along officially designed major highways
or along secondary streets where deemed essential for public safety
by the Zoning and Planning Commission.
[R.O. 2012 §410.080; CC 1975 §28-8; Ord. No. 346 Art. 13, §3, 2-10-1969]
A. Where
an approved public water supply is reasonably accessible or procurable,
the subdivider shall connect with such water supply and make it available
for each lot within the subdivision area.
B. Pending
availability of a public water supply, the subdivider shall construct
drilled wells or a private water supply system in such a manner that
an adequate supply of potable water will be available to every lot
within the subdivision. The installation furnished and the approval
thereof shall comply with the requirements of the State Board of Health.
The water supply system shall be constructed under supervision of
the County Health Department, and the plat shall not be recorded until
the regulations of the State Board of Health are complied with.
[R.O. 2012 §410.090; CC 1975 §28-9; Ord. No. 346 Art. 13, §3, 2-10-1969]
A. The
subdivider shall connect with such sanitary sewer and provide adequate
sewer lines accessible to each lot. Sewer connections and subdivision
sewer systems shall comply with the regulations of the State Board
of Health and shall be constructed under the supervision of the County
Health Department, and shall be approved by those authorities or by
the Metropolitan St. Louis Sewer District.
B. Adequate
provision shall be made for the disposal of storm water, subject to
the approval of the Zoning and Planning Commission and the Metropolitan
St. Louis Sewer District.
[R.O. 2012 §410.100; CC 1975 §28-10; Ord. No. 346 Art. 13, §3, 2-10-1969]
The subdivider shall plant trees on all streets in new residential
subdivisions that are not located in wooded areas. Before the trees
are planted, the subdivider should submit a plan of such planting
to the Zoning and Planning Commission for its study and recommendations,
to prevent the planting of certain species that would become nuisances
because of insects or disease or because of their roots unduly interfering
with sewer mains or other underground utilities.
[R.O. 2012 §410.110; CC 1975 §28-11; Ord. No. 346 Art. 13, §4, 2-10-1969]
Whenever the tract to be developed is of such unusual size or
is surrounded by such development or unusual condition that the strict
application of the requirements contained in this Chapter would result
in real difficulties and substantial hardships or injustices, the
Zoning and Planning Commission may vary or modify such requirements,
so that the subdivider may be allowed to develop his/her property
in a reasonable manner, but so that, at the same time, the public
welfare and the interests of the City are protected and the general
intent and the spirit of this Chapter is preserved.
[R.O. 2012 §410.120; CC 1975 §28-12; Ord. No. 346 Art. 13, §5, 2-10-1969]
A. Any
new subdivision containing not less than fifty (50) lots for residential
purposes or any community development recorded after February 10,
1969, may include provisions for not more than three (3) local business
lots per fifty (50) residential lots or dwelling units, together with
the necessary lot area for off-street parking required in the "E"
Neighborhood Shopping District regulations; provided, that the total
frontage of the three (3) local business lots shall not be more than
three hundred (300) lineal feet.
B. The
uses allowed on such local business lots shall be the same as those
authorized in the "E" Neighborhood Shopping District regulations.
C. The
height, area, intensity of use and parking regulations shall be the
same as those authorized in the "E" Neighborhood Shopping District
Regulations.
D. No
public hearing shall be required for the approval of such local business
lots in a new subdivision, unless the contemplated business lots front
upon a street which is within one hundred eighty-five (185) feet from
a District zoned "A" or "B" Single-Family Dwelling District.
[R.O. 2012 §410.130; CC 1975 §28-13; Ord. No. 346 Art. 13, §6, 2-10-1969]
The Zoning and Planning Commission may from time to time adopt,
amend and publish rules and instructions for the administration of
the regulations of this Chapter to the end that the public be informed
and that approval of plats be expedited.