[R.O. 2013 App. A §1; Ord. No. 8.120 (Bill No. 421) §1, 10-9-1978]
This Chapter shall be known and may be cited as "The Subdivision Ordinance of the City of Arnold, Missouri".
[R.O. 2013 App. A §2; Ord. No. 8.120 (Bill No. 421) §2, 10-9-1978; Ord. No. 8.120 (Bill No. 609) §§1 — 2, 7-16-1981]
A. 
Usage.
1. 
For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this Section.
2. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word "herein" means "in these regulations"; the word "regulations" means "these regulations".
3. 
A "person" includes a corporation, a partnership, and an incorporated association of persons such as a club; "shall" is always mandatory; a "building" includes a "structure"; a "building" or "structure" includes the words "intended, arranged, or designed to be used or occupied".
B. 
Words And Terms Defined.
ADMINISTRATIVE OFFICER
The duly appointed Administrative Officer of the Planning Commission of the City of Arnold.
ALLEY
A secondary means of ingress and egress primarily for vehicular service access to the rear or side of properties.
APPLICANT
The owner of land proposed to be subdivided or his/her representative. Consent shall be required from the legal owner of the premises.
AREA
The incorporated area of the City of Arnold and any future annexations thereto, and any area over which the City of Arnold exercises legal zoning regulatory power commonly referred to as extraterritorial zoning authority.
BENCHMARK
A definite point of known elevation and location and of more or less permanent character.
BLOCK
An area of land surrounded by public highways, streets, streams, railroad right-of-ways, parks or other similar areas or facilities.
BOND
Any form of security including cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City Council. All bonds shall be approved by the City Council wherever a bond is required by these regulations.
BUILDING
Any structure built for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind and includes any structure.
BUILDING LINE
A line on a plat between which line and the street right-of-way no portion of the building may be erected, excluding landings, open balconies and roof overhangs, subject, however, to the further requirements of the zoning ordinance of the City of Arnold, Missouri.
CAPITAL IMPROVEMENTS PROGRAM
A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the City's annual operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM
A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision.
CENTRAL WATER SYSTEM
A community water system, including the treatment, storage, and distribution facilities established by a developer or water district to serve a new subdivision.
CHAIRMAN
The Chairman of the Planning Commission of the City of Arnold, Missouri.
CITY
The City of Arnold, Missouri.
COMMISSION
The Planning Commission of the City of Arnold, Missouri.
COMMON LAND
That land set aside for open space or recreational use for the owners of the residential lots in a subdivision, which is conveyed by the developer in fee simple absolute title by a warranty deed to the trustees whose trust indenture shall provide that said common land be used for the sole benefit, use and enjoyment of the lot owners, present and future. No lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot in that subdivision.
COMPREHENSIVE PLAN
A plan or any portion thereof for the coordinated development of the City of Arnold adopted by the Planning Commission of the City of Arnold, Missouri, pursuant to Chapter 89, RSMo.
CONSTRUCTION PLAN
The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of approval of the plat.
COUNCIL
The City Council of the City of Arnold, Missouri.
CUL-DE-SAC
A local street with only one (1) outlet terminating in a circular turnaround.
DESIGN HOURLY VOLUME (DHV)
The thirtieth (30th) highest hourly volume twenty (20) years after completion of the street.
DEVELOPER
That person, firm, or corporation by whom a tract will be subdivided and improved pursuant to the requirements of this Chapter. Consent shall be required from the legal owner of the premises.
DISPLAY HOUSE
A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision.
EASEMENT
A grant by a property owner to the public, a corporation, or a person of the use of land for a specific purpose.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW
A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow shall be deposited in a separate account.
ESCROW AGENT
A title company, bank, savings and loan association, trust company, attorney, or any other person or agency approved by the City Council to act as escrow agent under the provisions of this Chapter.
FINAL PLAT
See "RECORD PLAT".
FLOODPLAIN
A geographical area susceptible to periodic inundation from the overflow of natural waterways and determined as to extent in the City of Arnold flood elevation study and any future revisions thereto by the Commission or as amended with the provisions of the zoning ordinance of the City of Arnold, Missouri or other ordinance declaring or regulating the floodplain.
FRONTAGE
That edge of a lot bordering a street.
IMPROVEMENT PLANS
The engineering drawings showing types of materials and construction details for the physical structures and facilities, excluding dwelling units, to be installed in conjunction with the development of the subdivision.
IMPROVEMENTS
Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewers, sanitary sewers, signs, monuments, landscaping, street lights, and other similar items.
INDIVIDUAL SEWAGE DISPOSAL SYSTEM
A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A tract, plat, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT AREA
The total horizontal area between the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
NEIGHBORHOOD PARK
A recreational facility designed to serve residential developments located within one-half (1/2) mile of the park which may include, but is not limited to, tot lots, playing fields, passive recreation areas and associated features.
NEIGHBORHOOD PARK AND RECREATION IMPROVEMENT FUND
A special fund established by the Governing Body to retain monies contributed by developers in accordance with the "fee in lieu of land dedication" provision of these regulations within reasonable proximity of the land to be subdivided so as to be of local use to the future residents of the subdivision.
OFF-SITE
Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OWNER
Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PEDESTRIAN WAY
An easement or right-of-way dedicated to public use to facilitate pedestrian access to adjacent streets and properties.
PUBLIC IMPROVEMENT
Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for the maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded.
RECORD PLAT
That plat containing the signature of the City Clerk which designates final approval and is recorded in the Recorder of Deeds office for Jefferson County, Missouri.
RESUBDIVISION
A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
ROAD
See "STREET".
SCREENING
Either:
1.
A strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or
2.
An opaque wall or barrier or uniformly painted fence at least six (6) feet high.
Either (1) or (2) shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof, except the following: for each entrance, one (1) directional arrow with the name of the establishment with "For Patrons Only" or like limitation, not over two (2) square feet in area, which shall be non-illuminated. Where required in the zoning district regulations, a screen shall be installed along or within the lines of a plot as a protection to adjoining or nearby properties.
SETBACK
The distance between a building and the street line nearest thereto.
SLOPE
The rate of deviation of the ground surface from the horizontal surface, as expressed in percentages.
SKETCH PLAT
A sketch preparatory to the preparation of the preliminary plat (or subdivision plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations.
STREET [1]
A general term denoting a public or private thoroughfare which affords the principal means of access to abutting property or any public way. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court, drive, but it shall not include an alley or pedestrian way.
STREET, ARTERIAL
A street utilized primarily for high vehicular speeds for heavy volumes of traffic on a continuous route with intersections at grade.
STREET, COLLECTOR
Collector streets function as secondary land-service streets, which distribute the traffic regionally to local streets which distribute traffic to individual lots, parcels, and uses within subdivisions, areas, or neighborhoods. Collector streets may also serve individual lots, parcels, and uses as a secondary function or additional function.
STREET, LOCAL
Local streets are minor streets or streets in a series that provide access to abutting properties, access to collector streets or service the neighborhood utilizing low speeds.
STREET, SERVICE OR FRONTAGE
A local street generally parallel to and adjacent to arterial streets and highways, which provide access to abutting properties and protection from through traffic.
SUBDIVIDER
Any person who:
1.
Having an interest in land, causes it directly or indirectly to be divided into a subdivision, or who
2.
Directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel, site, unit, or plat in a subdivision, or who
3.
Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision, and who
4.
Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION
Any land, vacant or improved, which is divided, redivided or proposed to be divided into two (2) or more lots, parcels, sites, units, plats, or interests for any purpose. Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument, or the conversion of existing multiple-family dwellings into condominiums.
SUBDIVISION, MAJOR
All subdivisions not classified as minor subdivisions.
SUBDIVISION, MINOR
Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements.
SUBDIVISION, MULTIPLE-DWELLING
A tract of land, whether divided into separate lots or not, which is intended for the construction of duplexes, multiple-family dwellings, row houses, and other arrangements of attached or connected building units.
SUBDIVISION, NON-RESIDENTIAL
1.
A tract of land, whether divided into separate lots or not, which is intended entirely for the construction of buildings for commercial or industrial purposes and/or,
2.
The dedication or establishment of a street, alley, pedestrian way or public way in conjunction with or use in any such tract.
SURETY COMPANY
An insurance company qualified and acting under the provisions of Chapter 379, RSMo.
TITLE COMPANY
A corporation qualified and acting under the Missouri Title Insurance Law or a corporation which is an issuing agency for an insurance company insuring land titles.
TRACT
An area or parcel of land which the developers intend to subdivide or improve, or to cause to be subdivided or improved, pursuant to the requirements of this Chapter.
ZONING ORDINANCE
The zoning ordinance of the City of Arnold, Missouri, as from time to time amended, which controls and regulates zoning in the City of Arnold and other areas zoned by the City pursuant to State Statutes.
[1]
Cross Reference — As to street standards, §410.650.
[R.O. 2013 App. A §3; Ord. No. 8.120 (Bill No. 421) §3, 10-9-1978]
A. 
It is hereby declared to be the policy of the City of Arnold to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the City pursuant to the official Comprehensive Plan of the City for the orderly, planned, efficient, and economical development of the municipality.
B. 
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until available public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks, recreation facilities, transportation facilities, and improvements.
C. 
The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Comprehensive Plan, and the Capital Improvements Program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in building and housing codes, zoning ordinances, Comprehensive Plans, and the Capital Improvements Program of the City of Arnold.
[R.O. 2013 App. A §4; Ord. No. 8.120 (Bill No. 421) §4, 10-9-1978]
A. 
These regulations are adopted for the following purposes:
1. 
To protect and provide for the public health, safety, and general welfare of the City of Arnold.
2. 
To guide the future growth and development of the City in accordance with the Comprehensive Plan.
3. 
To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population.
4. 
To protect the character and the social and economic stability of all parts of the municipality and encourage the orderly and beneficial development of all parts of the City.
5. 
To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.
6. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.
7. 
To provide the beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.
8. 
To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
9. 
To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
10. 
To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.
11. 
To preserve the natural beauty and topography of the City and to insure appropriate development with regard to these natural features.
12. 
To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning ordinance of the City.
[R.O. 2013 App. A §5; Ord. No. 8.120 (Bill No. 421) §5, 10-9-1978]
A. 
These subdivision regulations shall apply to all subdivisions of land, as defined herein, located within the incorporated areas of the City of Arnold or within any area subject to extraterritorial zoning regulations of the City of Arnold. By the same authority, the City Council exercises the power and authority to pass and approve the development of plat subdivisions of land already approved by the City Council, City Planning Commission, or the County Court of Jefferson County, if such plats are entirely or partially undeveloped. Such a plat will be considered entirely or partially undeveloped if:
1. 
The plat has been recorded with the County Recorder of Deeds office prior to annexation of the property by the City, and
2. 
Less than seventy percent (70%) of the total platted lot area has been developed.
B. 
No building permit or certificate of occupancy shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations.
[R.O. 2013 App. A §6; Ord. No. 8.120 (Bill No. 421) §6, 10-9-1978]
A. 
In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
B. 
Conflict With Public And Private Provisions.
1. 
Public provisions. These regulations are not intended to interfere with, abrogate, or annual any other ordinance, rule or regulation, Statute, or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
2. 
Private provisions. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determination of the Planning Commission or the City in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
3. 
Separability. If any part or provision of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application.
[R.O. 2013 App. A §7; Ord. No. 8.120 (Bill No. 421) §7, 10-9-1978]
These regulations shall not be construed as abating any action now pending under, or by virtue of, prior existing subdivision regulations, or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any Section or provision existing at the time of adoption of these regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City except as shall be expressly provided for in these regulations.
[R.O. 2013 §18-1; Ord. No. 14.1 (Bill No. 137) §11, 10-3-1974]
A. 
The Planning Commission shall recommend, and the Council may by ordinance adopt, regulations governing the subdivision of land within its jurisdiction.
B. 
The regulations, in addition to the requirements provided by law for the approval of plats, may provide requirements for the coordinated development of the City; for the coordination of the streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan or Official Map of the City; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic. The regulations may include requirements as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved as well as including requirements as to the extent and manner of the installation of all utility facilities, and compliance with all of these requirements is a condition precedent to the approval of the plat. The regulations or practice of the Council may provide for the tentative approval of the plat previous to the improvements and installations; but any tentative approval shall not be entered on the plat. The regulations may provide that, in lieu of the completion of the work and installation previous to the final approval of plat, the Council may accept a bond in an amount and with surety and conditions satisfactory to the Council, providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the Council and expressed in the bond; and the Council may enforce the bond by all appropriate legal and equitable remedies. The regulations may provide, in lieu of the completion of the work and installations previous to the final approval of a plat, for an assessment or other method whereby the Council is put in an assured position to do the work and make the installations at the cost of the owners of the property within the subdivision. The regulations may provide for the dedication, reservation or acquisition of lands and open spaces necessary for public uses indicated on the Comprehensive Plan and for appropriate means of providing for the compensation, including reasonable charges against the subdivision, if any, and over a period of time and in the manner as is in the public interest.
C. 
Before the adoption of any of its subdivision regulations or any amendment thereto, a duly advertised public hearing thereon shall be held by the Council.
[R.O. 2013 §18-2; Ord. No. 14.1 (Bill No. 137) §14, 10-3-1974]
The County Recorder shall receive for filing or recording any subdivision plat required to be approved by the City Council or Planning Commission only if the plat has endorsed upon it the approval of the City Council under the hand of the Clerk and the Seal of the City, or by the Secretary of the Planning Commission.
[R.O. 2013 App. A §8; Ord. No. 8.120 (Bill No. 421) §8, 10-9-1978]
A. 
For the purpose of providing for or protecting the public health, safety and general welfare, the City Council may from time to time amend the provisions imposed by the subdivisions regulations. Public hearings on all proposed amendments shall be held by the City Council in the manner prescribed by State Statute and City ordinance.
B. 
Approval of a preliminary plat shall exempt that subdivision from subsequent amendments to these regulations, providing the record plat is filed within the time specified in the approval of the preliminary plat.
[R.O. 2013 App. A §9; Ord. No. 8.120 (Bill No. 421) §9, 10-9-1978; Ord. No. 8.120 (Bill No. 1468) §§1 — 2, 2-16-1995; Ord. No. 8.120 (Bill No. 1511) §§1 — 2, 11-16-1995; Ord. No. 8.120 (Bill No. 2227) §1, 4-5-2007]
A. 
All final record plats shall be submitted to the City Council for its consideration and 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 and until approved as provided in this Chapter.
B. 
The Planning Commission shall take no action until after a public hearing has been held in relation thereto, at which parties in interest and citizens shall have the opportunity to be heard. At least a fifteen-day and not more than a thirty-day notice of the time and place of such hearings shall be published in an official newspaper or a paper of general circulation in the City, and notification to all adjoining property owners within one hundred eighty-five (185) feet from the property being considered for the proposed subdivision shall be provided prior to the date of the public hearing. A sign shall be placed on the site proposed to be subdivided by the applicant at least fifteen (15) days before the hearing. The sign shall be four (4) feet by four (4) feet in size, state the nature of the proposed subdivision, showing a copy of the plat, and the hearing date, and be legible, with lettering not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width, from the nearest public or private street.
[R.O. 2013 §18-3; Ord. No. 14.1 (Bill No. 137) §15, 10-3-1974]
A. 
No owner, or agent of the owner, of any land located within the platting jurisdiction of the City, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Council or Planning Commission and recorded in the office of the County Recorder.
B. 
Any person violating the provisions of this Section shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty.
C. 
The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.
[R.O. 2013 App. A §10; Ord. No. 8.120 (Bill No. 421) §10, 10-9-1978; Ord. No. 8.120 (Bill No. 1222) §§1 — 2, 10-4-1990]
Recording of a subdivision plat shall not be required in case of the sale or exchange of parcels or land between owners of adjoining properties for the purpose of adjustments in boundaries, provided that additional lots shall not thereby be created, that the original lots shall not be reduced below the minimum sizes required by this Chapter or the zoning ordinance, that the Administrative Officer shall have approved such adjustments of boundaries, and that a survey of the adjustments of boundaries is recorded with the Recorder of Deeds of Jefferson County.
[R.O. 2013 §18-4; Ord. No. 14.1 (Bill No. 137) §16, 10-3-1974]
Upon adoption of a major street plan and subdivision regulations, the City shall not accept, lay out, open, improve, grade, pave or light any street, lay or authorize the laying of water mains, sewers, connections or other utilities in any street within the City unless the street has received the legal status of a public street prior to the adoption of a Comprehensive Plan; or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the Council or Planning Commission or on a street plan made by and adopted by the Commission. The Council may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance is first submitted to the Commission for its approval and approved by the Commission or, if disapproved by the Commission, is passed by the affirmative vote of not less than two-thirds (2/3) of the entire membership of the Council.
[R.O. 2013 §18-5; Ord. No. 14.1 (Bill No. 137) §17, 10-3-1974]
After the adoption of a major street plan, no building permits shall be issued for and no building shall be erected on any lot within the territorial jurisdiction of the Commission unless the street giving access to the lot upon which the building is proposed to be placed conforms to the requirements of Section 410.130.
[R.O. 2013 §18-6; Ord. No. 14.1 (Bill No. 137) §18, 10-3-1974]
Whenever a plan for major streets has been adopted, the Council, upon recommendation of the Planning Commission, is authorized and empowered to establish, regulate and limit and amend, by ordinance, building or setback lines on major streets, and to prohibit any new building being located within building or setback lines. When a plan for proposed major streets or other public improvements has been adopted, the Council is authorized to prohibit any new building being located within the proposed site or right-of-way when the centerline of the proposed street or the limits of the proposed sites have been carefully determined and are accurately delineated on maps approved by the Planning Commission and adopted by the Council. The Council shall provide for the method by which this Section shall be administered and enforced. The regulations of this Section shall not be adopted, changed or amended until a public hearing thereon has been held as provided in Section 400.120 of this Chapter.
[R.O. 2013 App. A §11; Ord. No. 8.120 (Bill No. 421) §11, 10-9-1978]
A. 
Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
B. 
Such instrument shall be approved by the Planning Commission and City Council in like manner as plats of subdivisions. The City may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets, or alleys.
C. 
Such an instrument shall be executed, acknowledged or approved and recorded or filed in like manner as plats of subdivisions; and 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, alleys, and public grounds, and all dedications laid out or described in such plat.
D. 
When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing.
E. 
A petition for the vacation of a plat shall be filed together with a filing fee.
[R.O. 2013 App. A §12; Ord. No. 8.120 (Bill No. 421) §12, 10-9-1978]
A. 
General. Where the Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations, it may approve variances or exceptions to these subdivision regulations so that substantial justice may be done and the public interest secured, provided that such variance or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Commission shall not grant variances unless it shall make findings based upon the evidence presented to it in each specific case that:
1. 
The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
2. 
The conditions upon which the request for a variance is based are unique to the property for which the variance is sought, and are not applicable generally to other property;
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
4. 
The variance will not in any manner vary the provisions of the zoning ordinance, Comprehensive Plan, or major street plan.
B. 
Conditions. In granting variances and exceptions, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives or requirements of these regulations.
C. 
Procedures. A petition for any such variance shall be submitted by the developer at the time when the preliminary plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
D. 
Appeal Of Variance. Any variance granted or denied by the Planning Commission may be sustained, reversed, or modified by the City Council. Any such reversal or modification of a determination made by the Planning Commission may be made only by the concurring vote of two-thirds (2/3) of the full membership of the Council. Any appeal of a variance granted or denied by the Planning Commission must be made in writing to the City Council within thirty (30) days of such decision. Approval of the plat by the City Council shall constitute approval of any variance incorporated therein.
[R.O. 2013 §18-7; Ord. No. 14.1 (Bill No. 137) §18, 10-3-1974]
The City Council may provide for a Board of Adjustment with powers to modify or vary the regulations provided for in Section 410.150, in specific cases, in order that unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be adopted. If there is no Board of Zoning Adjustment, the personnel, length of terms, method of appointment and organization of the Board of Adjustment for the building line regulations shall be the same as provided for municipal boards of zoning adjustment.
[R.O. 2013 §18-8; Ord. No. 14.1 (Bill No. 137) §21, 10-3-1974]
The municipal sewer system as is contemplated shall not be affected by Section 410.130 relating to the major street plan and subdivision regulations at the creation of such sewer system. Section 410.130 is deemed to mean only additions to the sewer system once the sewer system has been completed and placed in operation. Completion of the sewer system and having been placed in operation shall be deemed to have occurred when the Council passes a resolution to that effect.
[R.O. 2013 App. A §13; Ord. No. 8.120 (Bill No. 421) §13, 10-9-1978]
The Commission may waive the requirement of submission of all other plans except the record plat, when considering minor subdivisions as defined in this Chapter.
[R.O. 2013 App. A §14; Ord. No. 8.120 (Bill No. 421) §14, 10-9-1978]
In the case of any subdivision developed under any of the special procedures in the zoning ordinance, which requires submission of site or development plans to the Commission for review or approval, a preliminary development plan required by the zoning ordinance shall include all the information required herein on a sketch plan and may be used therefor. A final development plan required by the zoning ordinance shall comply with all requirements in this Chapter for a preliminary plat and may be used therefor.
[R.O. 2013 App. A §15; Ord. No. 8.120 (Bill No. 421) §15, 10-9-1978]
The Administrative Officer may adopt, amend, and publish rules and instructions within the intent of this Chapter for the administration of this Chapter to the end that the public be informed and that approval of plats be expedited.
[R.O. 2013 App. A §16; Ord. No. 8.120 (Bill No. 421) §16, 10-9-1978]
Decisions of the Administrative Officer relating to any matter covered in these regulations may be appealed to the Commission by written petition stating the basis for such appeal and the specific relief sought.
[R.O. 2013 App. A §17; Ord. No. 8.120 (Bill No. 421) §17, 10-9-1978]
A. 
General.
1. 
It shall be the duty of the Administrative Officer of the Planning Commission to enforce these regulations and to bring to the attention of the City Attorney any violations or lack of compliance herewith.
2. 
No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a plat of such subdivision has been approved by the Commission and Council, in accordance with the provisions of these regulations, and filed with the Recorder of Deeds of Jefferson County, Missouri.
3. 
The subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, or lease with the intent of or effect of evading these regulations, shall not be permitted. All such described subdivisions shall be subject to all the requirements contained in these regulations.
4. 
No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.
B. 
Violations And Penalties. Any person, persons, firm, association, or corporation violating any provision or provisions of this Chapter, or any employee, assistant, agent, or any person participating or taking any part in, joining or aiding in a violation of any provision or provisions of this Chapter may be prosecuted as provided by the law for the violation of ordinances of the City of Arnold and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense or imprisonment for not more than three (3) months, or both such fine and imprisonment (Section 77.590, RSMo., as amended). Each day a violation continues after service of written notice to abate said violation shall constitute a separate offense. In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or equity as may be required to halt, terminate, remove, or otherwise eliminate any violations of this Chapter.