[1]
Cross References: Planning and zoning commission, Ch. 400; building codes and regulations, Ch. 500; motor vehicles and traffic, Title III; sewers and sewage disposal, Ch. 235; zoning regulations, Ch. 405.
[R.O. 2001 § 410.010; CC 1990 § 19.010]
This Chapter provides for preliminary and final approval of all subdivision plats; prescribing steps to be taken to procure such approval; providing minimum standards of design and development and requiring the installation of minimum improvements in connection with any such subdivision and subdivision plats; providing for the enforcement of this Chapter and prescribing penalties for the violation thereof. The subdividing of land within the City of Clarkson Valley shall be coordinated with the comprehensive Zoning Ordinance, plan and regulations which are intended to protect existing property values to assist in securing the proper future development of the City by regulating the uses of land, the size of lots, the height of buildings, and the amount of open space around buildings and promoting the safety, health, convenience, comfort, morals, prosperity and general welfare of the City and its inhabitants.
[R.O. 2001 § 410.020; CC 1990 § 19.020]
For the purposes of this Chapter, certain terms and words are herewith defined as follows:
BUILDING LINE
A line on a plat between which line and street or private place no buildings or structures may be erected.
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 the lot and block number or lot number in the subdivision.
PLAT
A map, drawing or chart on which the subdivider's plan of the subdivision is presented and which he/she submits for approval and intends in final form to record.
SUBDIVISION
The division of a lot, tract, or parcel of land into two (2) or more lots, plots, sites, or other divisions of land for the purpose of either immediate or future sale or of building development. It also includes resubdivision of land or lots.
[R.O. 2001 § 410.030; CC 1990 § 19.030; Ord. No. 06-12 § 1, 6-26-2006]
A. 
Whenever the owner of any tract or parcel of land within the corporate limits of the City of Clarkson Valley wishes to subdivide or to make a subdivision of the same, he/she shall have the land platted in the following manner:
1. 
He shall confer with the City Clerk or his/her assistants in order to become thoroughly familiar with the City's regulations and requirements affecting the territory in which the land in question lies and he/she shall become familiar with the zoning plan and regulations.
2. 
Thereafter, he/she shall prepare a preliminary plat drawn to scale of not less than one (1) inch to one hundred (100) feet showing the topography of the land, the location of the proposed streets, lot lines, building lines, the area in square feet of each proposed lot, surrounding streets, lots, watercourses, sewers, and water mains and submit three (3) copies of said preliminary plat to the Zoning Commission. He/she shall pay five hundred dollars ($500.00) to the City at the time that the preliminary plat is filed with the Zoning Commission, said five hundred dollars ($500.00) to be the land subdivision permit fee required herein, provided however, that said amount shall not be returned upon failure to meet the requirements of this Chapter or to submit a final plat in proper form. Said fee is for the purpose of providing funds for administration costs incident to the processing of said plat by the City.
3. 
The Zoning Commission shall study such preliminary plat to see if it conforms with the minimum standards and requirements of the ordinances of the City of Clarkson Valley, and shall approve or reject such plat within sixty (60) days after the date of submission thereof to the Commission. If the Commission does not act within such period of time the preliminary plat shall be deemed to be approved, but such approval does not constitute approval of the subdivision, but merely an authorization to proceed with the preparation of the final plat.
4. 
The subdivider, with the owner's written authorization, shall then prepare and submit to the Zoning Commission one (1) copy of the final improvement plans which have been previously reviewed and/or approved by the various political subdivisions, other than the City of Clarkson Valley, which also have jurisdiction over the parcel to be subdivided. Said improvement plans shall include site and grading plans, street profiles, sanitary sewer profiles, storm sewer profiles, outfall sanitary sewers, drainage area maps, siltation control, erosion control, stormwater control, landscaping plans and other details. A final plat of the subdivision shall also be submitted consisting of a final map on tracing cloth and three (3) prints thereof showing:
a. 
The boundaries of the property; the lines of all proposed streets and alleys with their width(s) and names; and any other areas intended to be dedicated to public use.
b. 
The lines of adjoining streets and alleys, with their width(s) and names.
c. 
All lot lines, building lines, and easements with figures showing their dimensions.
d. 
All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area of the lots, streets, alleys, easements and building line setbacks, and any other similar public or private uses. The linear dimensions shall be expressed in feet and decimals of a foot.
e. 
Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.
f. 
All monuments together with their descriptions.
g. 
Title and description of property subdivided, showing its location and extent, points of compass, scale of plan, and name of owner, subdivider and of engineer staking the lots.
h. 
Profiles may be required of any streets.
i. 
Reserved.
[Repealed by Ord. No. 06-12 § 1, 6-26-2006]
j. 
A certificate shall accompany the final plat showing that all taxes due shall have been previously paid.
5. 
After the final plat has been approved by the Zoning Commission, they shall initial or sign a copy of such final plat and deliver to the City Clerk the original tracing and a print thereof. If the Zoning Commission does not approve the final plat of the subdivision, the Board of Aldermen may approve said plat only by a two-thirds (2/3) vote of the membership of the Board. Before any lots may be sold the final plat must be approved by the Board of Aldermen. A copy of the final plat shall be filed in the office of the City Clerk after approval by the Board of Aldermen. A copy of the final subdivision improvement plans shall be filed with the City Clerk before commencing the installation of any subdivision improvements.
[R.O. 2001 § 410.040; CC 1990 § 19.035]
A. 
The Chairman of the Board of Aldermen is authorized to employ a competent registered professional engineer:
1. 
To examine said preliminary plat, improvement plans, final improvement plans and final plat and to report to the Board of Aldermen, Zoning Commission and such other City Officials as the Board of Aldermen shall determine, as to whether or not the design, improvements for paving, stormwater facilities, sanitary sewerage facilities, grading, drainage, control of siltation, erosion and stormwater, and any other matter which might have an adverse impact either on the subdivision or on the adjacent area within the City of Clarkson Valley, are reasonably adequate and in proper condition to function effectively within the subdivision and that the construction under normal conditions is not expected to damage nor adversely affect adjoining properties within the City of Clarkson Valley.
2. 
To inspect construction of the subdivision improvements and report to the Board of Aldermen and other City Officials concerning the construction.
B. 
The five hundred dollar ($500.00) land subdivision permit fee, paid under the provisions of Section 410.030(A)(1) and (2), shall be used to pay the administration cost of processing the preliminary subdivision plat and improvement details. The City Treasurer shall charge the subdivision developer and the subdivision developer shall pay the City of Clarkson Valley for all costs and expenses incurred by the City for engineering review of subdivision plats and improvemental details and for inspection services in connection with the installation of subdivision improvements which shall include the fees of a registered professional engineering firm engaged by the City to perform said review and inspection services. The Board of Aldermen is authorized to withhold final subdivision plat approval and to refuse the release of any escrowed monies until all such costs, expenses and fees are paid to the City Treasurer. Notwithstanding the foregoing, the registered professional engineer employed by the subdivision developer to design the improvement plans shall be responsible for the submission of improvement design details, specifications, staking out and supervising the installation of said improvements.
[R.O. 2001 § 410.050; CC 1990 § 19.040]
A. 
No subdivision plat shall be approved by either the Zoning Commission or by the Board of Aldermen unless it conforms to the following minimum standards and requirements:
1. 
Relation To Adjoining Street System. The arrangement of streets in a new subdivision shall make provisions for the proper location and width of major streets. For the purposes of this Chapter the major streets within the City of Clarkson Valley are Clarkson Road and Kehrs Mill Road. Any subdivision fronting along these streets shall make dedications of rights-of-way so that they will have an ultimate right-of-way width of eighty (80) feet. The subdivider may be required to continue certain adjoining streets through the area that is being subdivided, whenever same is necessary to provide for local movements of vehicles or to enable adjoining property to be properly subdivided.
2. 
Street And Alley Width.
a. 
Street right-of-way shall consist of the pavement width and eight (8) feet on both sides of the pavement. The pavement being defined as back of curb to back of curb. However, in no case shall the right-of-way be less than forty (40) feet in width.
b. 
Alleys should not be provided in residential districts.
c. 
All streets, places and parks should be established as private ways and areas rather than dedicated to public use or to the City of Clarkson Valley unless otherwise authorized by the Board of Aldermen. Adequate provision shall be made in the deed restrictions accompanying the plat to dedicate such ways and areas to a Board of Trustees of the subdivision and to make proper provision for the supervision, maintenance and construction or reconstruction of such ways and areas.
3. 
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 heat mains. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.
4. 
Drainage Easements. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving, or protecting the stream or for drainage, parkway, or recreational use.
5. 
Lots. The minimum area of any lot in a subdivision shall not be less than the minimum lot area requirements of the zoning district in which the area is located. Lots with an area larger than the minimum requirements are desirable. The lots shall also have a width and depth entirely adequate to provide the necessary yard regulations of the Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 405 of this Code.
6. 
Building Lines. Building lines shall be shown on all lots intended for residential use. Such building lines shall not be less than required by the Zoning Ordinance. Provisions shall be made by deed requiring all enclosed parts of buildings to be set back of such building lines.
7. 
Improvements.
a. 
Before the final plat of any subdivided area shall be approved and recorded, the subdivider shall make and install the improvements described in Section 410.050(A)(7)(b).
(1) 
In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may post a bond, approved by the City Attorney and City Treasurer, with the City of Clarkson Valley, which bond will ensure to the City that the improvements will be completed by the subdivider within two (2) years from the date on which the subdivision developer commences installation of the subdivision improvements. 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 registered professional engineering firm employed by the City to review the subdivision improvement plans. If the improvements are not completed within the specified time, the Board of Aldermen may use the bond or any necessary portion thereof to complete same. In lieu of a bond a sum equal to the estimated cost of improvements may be placed in escrow subject to the same terms and conditions as provided herein for a bond. The subdivider shall furnish to the City proof of completion of such improvements in accordance with the provisions of this Code, the City ordinances and in compliance with the standards and specifications required by the ordinances of the City of Clarkson Valley and, where applicable, of St. Louis County. Said proof shall be in the form of a Registered Engineer's certificate of compliance.
(2) 
The Board of Aldermen may require an additional sum to be placed in a separate escrow account for a period of five (5) years from the date construction of the subdivision improvements commences. Said additional sum shall be held on condition that it be used to reimburse the claimant for the cost of repairing any damage caused to the property of a resident within the City of Clarkson Valley as a result of siltation, erosion, or the deposit of mud. The amount of such separate escrow account, if any, shall be determined by the Board of Aldermen but not to exceed two hundred percent (200%) of the estimated cost of the subdivision improvements. Nothing herein shall be deemed to be a limitation on the liability of the subdivider. The escrow account shall be released at the end of the five-year period upon written application of the subdivider and with the approval of a majority of the Board of Aldermen; provided, however, that such period shall be extended until the final disposition of any pending claim for such damages. The procedure for processing and disposing of any damage claims for which such fund is established are set forth in Section 410.050(A)(7)(a)(3).
(3) 
Every claim to repair damage caused to the property of a resident within the City of Clarkson Valley as a result of siltation, erosion, or the deposit of mud shall be submitted in writing by the claimant to the Board of Aldermen. The Board of Aldermen shall then set the matter for hearing. At the time of the hearing the claimant shall be allowed to submit evidence, including the testimony of witnesses, in support of such claim. The Board of Aldermen shall determine by unanimous vote the amount of damages, if any, to be paid to claimant. Any amount so approved shall be paid out of the fund to the extent that there are funds available. All such decisions shall be final.
b. 
The minimum improvements installed in any subdivision before the plat can be finally approved shall be in accordance with the following Subsection: (A)(1), (2), (3), (4) and (5):
(1) 
The subdivider shall grade and improve all new streets within the subdivision area. The paving on such new streets and alleys shall be of a character suitable for the expected traffic and in harmony with similar improvements in the surrounding areas.
(a) 
In no event shall the pavement have a width of less than twenty-six (26) feet for a collector street and twenty-two (22) feet for a minor street. For the purpose of this Chapter, "collector" and "minor streets" are defined as follows:
STREET, COLLECTOR
Collector streets function as secondary land service streets in that they move traffic from the arterial or major streets, which distribute traffic regionally, to minor streets, which distribute the traffic to individual lots, parcels, and uses within the subdivision, area or neighborhood. Collector streets also may serve individual lots, parcels and uses as a secondary or additional function.
STREET, MINOR
Minor streets are exclusively land service facilities for access to abutting properties. These serve the local neighborhood and are in the form of a cul-de-sac or loop street; provided, however, that any combination of loop and cul-de-sac streets may be utilized without the streets being designated as collector streets provided that such an arrangement serves the same function. Loop streets are short independent streets which usually terminate along the same collector street of their origin. Cul-de-sac streets are short independent streets terminating in a circular turnaround.
(b) 
Pavement shall be of Portland cement concrete or asphaltic concrete construction and shall be constructed to no less than the minimum City standard set forth in Exhibit "A" on file in the City offices and incorporated herein by reference. The St. Louis County Standard Specifications for Highway Construction, as adopted June 1, 1976, shall be the technical specifications for all construction work on roadways and streets either within or under the jurisdiction of the City of Clarkson Valley. Copies of the St. Louis County Standard Specifications for Highway Construction are available at the office of the City Clerk for inspection. Wherever the phrases "Missouri Highways and Transportation Commission" or "St. Louis County Department of Highways and Traffic" or the words "Commission" or "Department" appear in the standard specifications, both the phrases and the words shall be construed as signifying the "City of Clarkson Valley" acting by and through the Board of Aldermen. Wherever the phrase "Chief Engineer" or the words "Engineer" or "Director" appear in the standard specification, it shall be construed as signifying the "City Engineer."
(c) 
Wherever the words "State" or "County" appear in the standard specification, it shall be construed as signifying the City of Clarkson Valley.
(2) 
The subdivider shall, whenever necessary, grade any portion of the property subdivided into lots so that each lot will be usable and suitable for the erection of residential or other structures thereon.
(3) 
If outlets are within reasonable distance the subdivider shall install sanitary sewers and provide a connection for each lot. Such installation shall be in accordance with the standards and specifications of the sewer district in the area within which the subdivision lies and before the improvement is started the plan therefor shall be approved by the engineer of the sewer district in the area within which the subdivision lies and by the Director. If no outlets are within reasonable distance, the subdivider shall make such provisions for sanitation as will satisfy the City and County Health Officials and before the plat shall be approved the subdivider shall present to the Aldermen an order from the City and County Health Officials showing that the provisions will properly care for and protect the health, safety and welfare of the existing and probable future population within the subdivision and surrounding area.
(4) 
During the construction phase of development, which shall include grading and any and all trenching, facilities shall be provided to prevent siltation, erosion, and the deposit of mud, including the following:
(a) 
The subdivider shall provide an erosion control plan which shows the location of all straw bales, detention basins and erosion control swales required to provide necessary protection. Only such minimal surface runoff which is as clear and silt free as possible shall be permitted to drain from cleared land into existing creeks, adjacent property, or adjacent right-of-way without sufficient erosion protection.
(b) 
During construction, straw bales shall be placed at all storm inlets to prevent silt from depositing in the inlets. The straw bales shall remain in place until all areas contributing to runoff are either paved or sodded.
(c) 
The subdivider shall provide rip-rap protection at all stormwater outlets. Where surface runoff is to be diverted through swales, the developer shall provide calculations to show the flow rate and velocity of flow in each swale. Criteria established by the Metropolitan St. Louis Sewer District shall govern in determining the erosion protection required for swales and for the number of area inlets required.
(d) 
Detention basins shall be constructed prior to construction of the storm sewer system. Upon completion of all paving and sodding, the basins shall be regraded to remove any silt deposited during construction. Where stormwater is to discharge into an existing lake, the subdivider shall show on his/her erosion control plan, a method to prevent the deposit of silt in the lake during construction.
(e) 
Removal of trees and existing vegetation shall be minimized. Landscaping shall be required in accordance with the approved landscaping plans. The subdivider shall show all clearing limits and any trenching areas on his/her plan and shall not exceed those limits or areas during construction.
(f) 
During construction of the subdivision, inspections of the erosion control system shall be made weekly, and after each rainfall, of the erosion control system. The subdivider shall proceed with any necessary repairs within twenty-four (24) hours of notification.
(g) 
There shall be compliance with the final improvement plans as set forth in Section 410.030(A)(4).
(5) 
The subdivider shall make improvements to open drainage channels such as widening, straightening and surfacing which are necessary to efficiently carry stormwater.
(6) 
The Subdivider Shall Install Water Mains. Such installation shall be in accordance with the standards and specifications of the County Water Company and the Fire District in the area within which the subdivision lies.
(7) 
It is also desirable to install other improvements such as trees, shrubbery, entrance monuments, electric lines, gas mains and similar facilities in any subdivision. When the Zoning Commission and the Board of Aldermen deem it necessary, they may require that any such improvements shall be installed before the plat is approved.
(8) 
Release. The City shall not authorize or grant a release from the bond or escrow agreement herein provided, until such time as the City receives from the Registered Professional Engineer a certificate of the compliance or a final approval of the subdivision improvements satisfactory to the City.
[R.O. 2001 § 410.060; CC 1990 § 19.050]
Whenever the strict enforcement of these regulations would entail unusual, real and substantial difficulties or hardships, the Zoning Commission and Board of Aldermen may vary or modify them in such a way that the subdivider is allowed to plan and develop his/her property and record a plat of same without unjust difficulties and expense, 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 preserved.
[R.O. 2001 § 410.070; CC 1990 § 19.060]
A. 
No plat of any subdivision shall be entitled to be recorded in the St. Louis County Recorder's Office or have any validity unless the plat has endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the Seal of the City.
B. 
The Building Commissioner shall not issue building or repair permits 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 Chapter but which has not been approved in accordance with the provisions contained herein. Neither shall any building or repair permit be issued for a structure located on a lot which has been sold or transferred by metes and bounds if the deed for such lot was recorded after the date of the adoption of this Chapter. The Building Commissioner shall not issue building or repair permits for any structure if in his/her discretion roads and water access for fire protection are insufficient.
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 Chapter 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 shall be guilty of an ordinance violation and shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each and every sale or attempted sale.
E. 
References to the Zoning Commission in this Code and Chapter shall include the Planning and Zoning Commission.
[R.O. 2001 § 410.080; CC 1990 § 19.070]
A. 
Unless otherwise specifically provided in this Chapter, any person, firm, association or corporation violating any provisions of this Chapter, or any employee, assistant, agent, or any other person participating or taking any part in, joining in, a violation of any provision of this Chapter, may, upon conviction thereof, be punished as provided in Chapter 100, Article III, of this Code.
B. 
In addition to the penalties hereinabove authorized and established, the Board of Aldermen may take such other action at law or in equity as may be required to halt, terminate, remove or otherwise eliminate any violation of this Chapter.