[CC 1981 §475.010; Ord. No. 638 §4(475.010), 11-14-1990; Ord. No. 644 §1, 4-24-1991]
A.
Compliance. Any owner or proprietor of any tract of land
who subdivides that tract of land and who violates any of the provisions
of this regulation shall be subject to the penalties provided for
in this Code.
B.
Filing Fee. To defray partially the costs of notification
and administration procedures, the City of Winchester shall collect
a residential plat and/or commercial subdivision fee which shall be
paid to the City Clerk or his/her designee at the time of submission
of a preliminary plat or site plan, a fee in the following amount:
1.
Residential subdivision plat fee — one thousand five hundred
dollars ($1,500.00).
2.
Commercial subdivision plat fee — one thousand five hundred
dollars ($1,500.00).
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No action of the Planning and Zoning Board or Mayor and Board
of Aldermen shall be valid until the fee has been paid to the City
Clerk. This fee will be charged on all plats, regardless of the action
taken, whether the plat is approved or disapproved. Any resubmittal
of a revised plat involving a review by the Planning and Zoning Board
will be subject to the same fee procedure as outlined above.
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C.
Approval. No plat of a subdivision shall be recorded unless
and until it shall have been submitted and approved by the Planning
and Zoning Board and Board of Aldermen in accordance with the regulations
set forth in this Code and so certified by the City Clerk.
D.
Prepared By Registered Land Surveyor. Every plat shall be
prepared by a registered land surveyor duly licensed by the State
who shall endorse upon each plat a certificate signed by him/her setting
forth the source of the title of the owner of the land subdivided
and the place of record of the last instrument in the chain of the
title and shall cause his/her seal to be affixed on the face of the
plat.
E.
Required Statement. Every plat, or the deed of dedication
to which such plat is attached, shall contain the registered land
surveyor's certificate.
[CC 1981 §475.020; Ord. No. 638 §4(475.020), 11-14-1990]
A.
In planning and developing a subdivision, lot or tract, the developer/subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions concerning required improvements and in every case shall pursue the following procedures set out in Subsections (B) through (G).
B.
Pre-Application Proceedings. Not less than forty-five (45)
days prior to the preparation of the preliminary plat and/or site
plan, the developer/subdivider should consult with the designated
Building Commissioner in order to become familiar with the standards
established in these regulations and the provisions of the Comprehensive
Plan affecting the land proposed to be subdivided.
C.
Submission Of Preliminary Site Plan. The developer/subdivider,
after the advisory meetings, may then initiate a request for formal
review of his/her preliminary site plan. The developer/subdivider
shall submit said plan not less than fifteen (15) working days prior
to the meeting of the Planning and Zoning Board at which action is
desired.
D.
Information Required On A Preliminary Site Plan. The preliminary
site plan shall be drawn to scale of not greater than one hundred
(100) feet to the inch and shall contain the following information:
2.
North arrow and scale.
4.
Boundary line. Showing bearings and distances.
5.
Adjacent properties information. Existing and proposed:
ownership and use of land, zoning classification.
6.
Utilities and easements.
a.
Indicate name of company or jurisdiction providing the following
services: water, sanitary sewer, electric, telephone, gas.
b.
Identify size and location of existing water and sewer lines on or
near site. Show proposed layout of water and sanitary sewer system.
c.
Indicate existing easements on preliminary site plan.
9.
Physical characteristics and stormwater management.
a.
Provide existing and proposed ground contours at two (2) foot intervals.
b.
Indicate natural features to be left undisturbed including natural
watercourses.
c.
Indicate basic soil erosion control plan to be utilized during site
development.
d.
Other information as may be required by the Planning and Zoning Board.
11.
Setback and yards. Setback and appropriate yards
shall be at least those specified for the applicable district.
12.
Sidewalks. Sidewalks shall be required upon consideration
of the City Engineer. Show side(s) of street(s) where sidewalk is
to be located and length of same.
13.
Additional information required for non-residential site
plan development. Refer to specific zoning district for details.
a.
Protective screening for properties abutting residential zoning districts.
b.
Trash containers. (Show location and screening provided.)
c.
Parking lot lighting.
d.
Landscape plan. (No site plan shall be approved without an acceptable
landscape plan. Information on location of planting species, numbers
and size is appropriate.)
e.
Building outline and floor area. Dimension floor area and identify
building usage. If multiple use, provide appropriate floor area breakdown.
f.
Parking and off-street loading. All parking shall be based upon building
use(s) in accordance with parking requirements provided in the Zoning
Code. Disabled parking spaces shall be provided. Appropriate dimensions
shall be given for all parking spaces, access aisles, etc. Off-street
loading shall be provided as specified in these regulations and shall
be appropriately dimensioned.
g.
In order to insure architectural compatibility within non-residential
zoned areas of the City, the Planning and Zoning Board may require
architectural drawings and elevations to accompany site plans The
developer, if possible, is encouraged to provide said documentation
to avoid any delay in the site plan review process.
14.
Copies of preliminary plans to accompany application. All preliminary plans shall be prepared and sealed by a qualified
registered professional engineer or surveyor and no less than twenty
(20) copies of black or blue line prints shall accompany each application
for review by the Planning and Zoning Board. (Copies must be folded
to approximately eight and one-half (8½) inches by eleven (11)
inches.
E.
Improvement Plans. Improvement plans, including the following,
for improvements to be installed shall be prepared by a qualified
registered professional engineer and submitted in accordance with
the specifications of the City Engineer and no improvements shall
be installed until and unless said plans have been received and approved
by the City Engineer or his/her designated representative.
1.
Site Grading Plan. A site grading plan which includes
existing and proposed grading spot elevations and other improvements.
3.
Sewer plans and profiles. The plans and profile
of proposed sanitary sewers and stormwater sewers or storm drainage
plans with grade and size indicated. The drainage area contributing
to the flow in each storm sewer shall be shown on a map and hydraulic
calculations shall be provided for all sewers.
4.
Water distribution plan. A plan of the proposed
water distribution system showing pipe sizes and the location of valves
and fire hydrants.
5.
Erosion control plan. An erosion control plan identifying
specific control methods to be used during site development. The plan
shall also include procedures to be implemented to prevent unacceptable
levels of soil, rock, gravel, etc., being deposited on existing public
streets and/or property via construction traffic.
F.
Improvement, Installation, Performance Bond And Construction Permits. The escrow agreement, lender's agreement or land subdivision bond
hereinbefore provided shall:
1.
Before the City signs and seals the final subdivision plat or record
plat as required, the developer/subdivider must have submitted and
obtained approval of improvement plans for all improvements planned
for each subdivision or lot and have installed said improvements in
accordance with the approved improvement plans or, in lieu of installation
of said improvements, a satisfactory escrow agreement, lender's agreement
or land subdivision bond may be submitted insuring or guaranteeing
their construction in accordance with the approved plans.
a.
Be prepared on forms furnished by the City.
b.
Be approved by the City Engineer.
c.
Guarantee the improvements set forth in the approved improvement
plans by providing for a deposit with a qualified escrow depository
of that sum of lawful money of the United States of America or a land
subdivision bond or a lender's agreement in the amount which the City
Engineer shall reasonable estimate as the cost of said improvements.
The subdivider/developer shall submit a listing of improvement quantities
along with estimated unit cost to facilitate the City Engineer completing
his/her estimate.
d.
If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit of the City Engineer of
the City of Winchester, Missouri.
e.
If there is a lender's agreement, it shall be subject to the audit
of the City Engineer of the City of Winchester, Missouri.
2.
The estimated sum shall be held by the escrow holder or the lender
as in the agreement provided until such time as the City Engineer
recommends a release be authorized by the Winchester City Treasurer.
Authorization shall be written and addressed or copied to the escrow
holder or lender authorizing release. The City Treasurer may authorize
release for disbursement by the escrow holder or lender for the payment
of labor and materials used in the construction and installation of
the improvements guaranteed, as the work progresses, and when approved
by the City Engineer.
Ten percent (10%) of the total monies escrowed for the street
improvements and storm sewer/management system improvements shall
be retained for a period of one (1) year from the date of acceptance
of the instrument of dedication by the Board of Aldermen to guarantee
construction of street and storm sewer improvements. In the event
that during this one (1) year period the streets and storm sewers
are deemed by the City Engineer to fail the construction guarantee,
the ten percent (10%) retention shall be used for reconstruction,
repair or modification of the storm sewer system as may be required.
After the period of one (1) year after the date of acceptance of the
instrument of dedication, all monies remaining in the escrow account
shall be released. If deemed in the City's best interest not to perform
remedial work within the aforementioned one (1) year period and the
developer/subdivider agrees to extend the escrow agreement, release
of all money can be delayed until a mutually agreed upon date has
been reached. No authorization for release shall be made until inspections
have been made certifying that the improvements have been constructed
in accordance with the approved plans and meet all the requirements
of the City of Winchester subdivision regulations.
3.
In the event that the improvements are not satisfactorily installed
within two (2) years after the approval of the improvement plans,
the City of Winchester has the right to remove said monies to complete
the guaranteed improvements, unless an extension in time is granted
by the Planning and Zoning Board.
a.
Construction permits. A construction permit will
be required for facilities which are to be dedicated to the City or
for which the City must assume the ultimate responsibility of maintenance,
namely
b.
Excavation permits. An excavation permit is required
for all excavations within public street right-of-way. This requirement
is for excavations in new developments as well as previously developed
areas of the City. These permits may be applied for at the City Hall.
G.
Final Plat Requirements. The final (record) plat shall contain:
1.
Final plat. Upon completion of all required improvements
as stipulated by the Planning and Zoning Board, the developer shall
file with the Planning and Zoning Board the final plat of the subdivision
or lot. (The final plat may include all or any reasonably acceptable
part of the approved preliminary plat and completion of improvements
or the bond or escrow agreement therefore need only cover that portion
of the plat for which final approval is requested.)
2.
Number of copies and required scale. Three (3) black
line or blue line prints of the final or record plat of the subdivision,
or of any part of a larger subdivision, shall be submitted to the
Planning and Zoning Board by the developer. The final plat shall be
a print or prints on mylar or similar durable material. The plat shall
be drawn at a scale of one hundred (100) feet or less to the inch.
Said scale shall be indicated on the plat graphically.
5.
Adjacent properties information. Existing and proposed:
ownership and use of land, zoning classification. (Ownership of lots
in residential subdivision not required.)
8.
Bearings — distances. True bearings and distances
to nearest established street bounds, patent or other established
survey lines or other official monuments, which monuments shall be
located or accurately described on the plat. Any patent or other established
survey or corporation lines shall be accurately monument-marked and
located on the plat and their names shall be lettered on them. The
length of all arcs-radii, points of curvature and tangent bearings;
all easements and right-of-way when provided for or owned by public
services (with the limitation of the easement rights definitely stated
on the plat); all lot lines with dimensions in feet and hundredths
and with bearings and angles to minutes.
9.
Monuments. The accurate location and material of
all permanent reference monuments.
10.
Lot and block numbers. Lots shall be arranged in
numerical order. The size of each lot shall be shown to the nearest
one-tenth (1/10) of a square foot for residential lots and nearest
hundredth of an acre for commercial and industrial lots.
11.
Dedicated property. The accurate outline of all
property which is offered for dedication for public use, and of all
property that may be reserved by covenant in the deeds for the common
use of the property owners in the subdivisions with the purpose indicated
thereon. All lands dedicated to public use shall be marked on each
plat "Dedicated to the Public" and shall be accepted, in writing,
by the Governing Body of the City by affixing the signature of the
chief elected official on the plat. Also, the dedication script should
include provisions for the use of telecommunication services.
12.
Surveyor's certificate. Affidavit and certificate
by a qualified registered land surveyor to the effect that he/she
has fully complied with the requirements of these regulations and
the subdivided laws of the State of Missouri governing surveying,
dividing and mapping of the land; that the plat is a correct representation
of all the exterior boundaries of the land surveyed and the subdivision
of it; that the plat represents a survey made by him/her and that
all monuments indicated thereon actually exist and their location,
size and material are correctly shown.
13.
Approval or disapproval of final plat.
a.
The developer shall submit the final plat of the proposed subdivision
which shall conform to the requirements as established within these
subdivision regulations at least ten (10) working days prior to the
regular meeting of the Planning and Zoning Board at which the action
is desired.
b.
Within sixty (60) days after the submission of a plat to the Planning
and Zoning Board, the Board shall approve or disapprove the recommendations
of the plat, unless the developer agrees in writing to an extension
of this time period; otherwise, the plat is deemed approved by the
Board.
c.
The Planning and Zoning Board shall forward to the Board of Aldermen
the Planning and Zoning Board's recommendations pertaining to the
proposed final plat.
d.
The Board of Aldermen shall, upon the receipt of the recommendations
by the Planning and Zoning Board, approve or disapprove the proposed
final plat.
14.
Tax paid certificates. A certification issued by
the authorized City and County Officials to the effect that there
are no unpaid taxes due and payable at the time of plat approval and
no unpaid special assessments, whether or not due and payable at the
time of plat approval, on any of the lands included in the plat and
that all outstanding taxes and special assessments have been paid
on the property dedicated to public use.
[CC 1981 §475.030; Ord. No. 638 §4(475.030), 11-14-1990; Ord. No. 676 §§1 — 2, 7-22-1992]
A.
Street And Block Layout. A street layout of the subdivision
shall be in general conformity with a plan for the most advantageous
and aesthetically pleasing development of the entire neighborhood,
including adjoining areas. Where appropriate to the design, proposed
streets shall be continuous and in alignment with existing, planned
or platted streets with which they are to connect.
1.
Dead-end streets. Dead-end streets of reasonable
length (normally not over five hundred (500) feet) may be approved
where necessitated by topography or where, in the opinion of the Planning
and Zoning Board, they are appropriate for the type of development
contemplated.
2.
Intersecting streets. Proposed streets shall intersect
one another as nearly at right angles as topography and other limiting
factors of good design permit. Four-way intersections shall be used
for minor interior streets wherever practicable and not in conflict
with other applicable design principles and standards. Street jogs
with centerline offsets of less than one hundred twenty-five (125)
feet shall be avoided.
3.
Half-width streets. Wherever there abuts the tract
to be subdivided a dedicated or platted and recorded half-width street
or alley, the other half-width of such street or alley shall be platted
such that the ultimate right-of-way conforms to the minimum standards
included herein.
4.
Block widths. Blocks shall have sufficient width
to provide for two (2) tiers of lots of appropriate depth, except
in the case of reversed frontages.
5.
Block length. The length of blocks shall be such
as may be appropriate, in the opinion of the Planning and Zoning Board,
for the locality and the type of development contemplated.
6.
Access. Each lot shall be provided with access to
a public street or thoroughfare to assure convenient ingress and egress
to and from such lot and to provide adequately for the layout of utilities,
garbage and waste removal, fire and Police protection and other services
and to protect and further the public health and safety generally.
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A subdivision intended for commercial or industrial occupancy
shall have access to a collector street but shall not have direct
access to any residential street or residential collector street under
any circumstances.
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B.
Adoption Of Design Criteria For The Preparation Of Improvement Plans
— Standard Specifications For Highway Construction. A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Winchester, being marked and designated as "The Design Criteria for the Preparation of Improvement Plans" and "The St. Louis County Standard Specifications for Highway Construction" as published by St. Louis County, Missouri, be and is hereby adopted as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said design criteria and standard specifications are hereby referred to, adopted and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Section 510.020 of this Article.
[CC 1981 §475.040; Ord. No. 638 §4(475.040), 11-14-1990]
A.
Resubdivision Revision Of Lot Lines With A Plat Previously Approved
And Recorded. In the case of a proposed revision of lot(s) line(s) within a plat previously recorded, an amended final plat showing said proposed revised lot(s) line(s) shall be presented to the City and shall follow the same procedures set forth in Section 410.020(G) of subdivision regulations under final plat requirements.
B.
Lot-Split. When a final plat of a single lot has been approved
by the City of Winchester and duly recorded at the County Recorder's
office, a proposed lot-split of said recorded lot, which lot-split
does not change any of the external lines of said recorded lot, shall
be presented to the Planning and Zoning Board at their regularly scheduled
meeting for review and, if the Board is satisfied that such proposed
lot-split is not contrary to applicable regulations, shall within
twenty (20) days after the meeting at which the plan was presented
approve such lot-split. The Board may require the submission of a
sketch plat, record of survey and such other information as it may
deem pertinent to its determination hereunder. This provision shall
apply only to lots upon which a structure has been erected.
C.
Modification — Undue Hardship. In any particular case
where the developer can show by plan and written statement that, by
reason of exceptional topographic or other physical conditions, literal
compliance with any requirement of these regulations would cause practical
difficulty or exceptional and undue hardship, the Board may modify
such requirement to the extent deemed just and proper, so as to relieve
such difficulty or hardship; provided such relief may be granted without
detriment to the public interest and without impairing the intent
and purpose of these regulations of the desirable general development
or welfare of the neighborhood and the community in accordance with
the Comprehensive Plan and the zoning ordinance. Any modification
thus granted shall be read into the minutes of the Planning and Zoning
Board setting forth the reasons which, in the opinion of the Board,
justified the modification.
[CC 1981 §475.050; Ord. No. 638 §4(475.050), 11-14-1990]
A.
Inspection. Prior to starting any of the work, the developer
shall make arrangements with the Building Commissioner Department
to provide for inspections of the work sufficient, in the opinion
of the City Engineer, to assure compliance with the plans and specifications
as approved. A minimum of twenty-four (24) hours' notice shall be
given for each phase of work (i.e., sanitary sewer construction or
street construction). Fees for the appropriate inspections are covered
in the cost of the construction permit.
B.
Completion Of Construction. The construction of all improvements
required by these rules and regulations shall be completed within
two (2) years from the date of approval of the final plat by the Planning
and Zoning Board, unless good cause can be shown for the granting
of an extension of time by authority of the Board.
C.
Record Drawings (As-Built Drawings). A corrected reproducible
sepia print "as-built" plan of sanitary sewers, storm sewers, water
distribution lines and any significant modification of streets shall
be submitted to the City upon completion of these facilities and prior
to acceptance of these improvements for maintenance by the City of
Winchester. These plans shall be prepared by a qualified registered
professional engineer. A copy of the recorded final or record plat
shall also be filed with the City. Sanitary sewer lateral data, as
constructed, shall be supplied to the City Engineer.
D.
Maintenance And Supervision. Where the subdivision contains
sewers, sewage treatment plants, water supply systems, stormwater
management facilities or other physical facilities that are necessary
or desirable for the welfare of the area or that are of common use
or benefit and which are not or cannot be satisfactorily maintained
by an existing public agency, provision shall be made, which is acceptable
to the agency having jurisdiction over the location and maintenance
of such facilities, for the proper and continuous operation, maintenance
and supervision of such facilities.
E.
Street Name Signs, Street Naming And Street Addresses.
1.
Street name signs meeting the requirements of the City Engineer shall
be erected by the subdivider at all intersections.
2.
For purposes of street naming, the Planning and Zoning Board shall
review and approve said names and their appropriate suffixes.
3.
Whenever a new street is constructed along the approximate alignment
or extension of an existing street, its name shall be the same as
that of the existing one.
4.
Whenever a cul-de-sac street serves not more than three (3) lots,
the name of the intersecting street shall apply to the cul-de-sac.
5.
Street address(es) shall be provided for each lot after a review
has been made by the appropriate United States Post Office. Addresses
shall be provided for the development before the first (1st) building
permit is requested.
F.
Electric, Telephone And Cablevision Lines. Easements for
underground conduits or cables for electric, telephone and cablevision
lines shall be provided along rear and side lot lines. In all subdivisions,
electric, telephone and cablevision distribution lines shall be installed
underground, except those overhead distribution feeder lines necessary
to serve that subdivision and in locations approved by the Building
Commissioner. The Building Commissioner may approve above ground installations
in whole or part for both residential and non-residential subdivisions
only when a request is submitted by the developer with documentation
that supports the impracticability of installing underground service.
The Building Commissioner may consider, but not be limited to, the
following conditions when approving above ground service:
G.
Planting (Landscaping). Landscaping — see Supplementary
Regulations of Zoning Code.
H.
Monuments. Permanent and other monuments shall be placed
in accordance with the following requirements and under the supervision
of the City Engineer or his/her designee:
1.
Street points. Monuments shall be set at the intersection
of all streets and the beginning and end of all curves along street
centerlines.
2.
Curb marks. Curbs shall be permanently marked at
the beginning and end of all curves and at the prolongation of all
lot side lines.
3.
Stakes. Stakes of a permanent nature shall be set
at the rear lot corners; top to be set not more than two (2) inches
above ground.
I.
Right-Of-Way — Structures Prohibited. Structures including,
but not limited to, basketball backboards, game-ball poles and fence
material (all types) shall not be erected in any street or road right-of-way,
nor shall any portion of said structure extend into any of said right-of-way.
This regulation does not apply to signs posted by duly constituted
public authorities in the performance of their public duties or to
temporary information type signs.
