[Ord. No. 3384, § 1(26-1), 10-10-1995]
This article shall be known as and may be cited as the "Crestwood Subdivision and Land Development Regulations."
[Ord. No. 3384, § 1(26-2), 10-10-1995]
This article is intended to be utilized in conjunction with Article IV of this chapter to ensure that the development of land within the City occurs in a manner that protects, provides for and promotes the public health, safety, convenience, comfort, and general welfare of the residents of the City. Specific purposes of this article include the following:
To ensure the orderly development or redevelopment of land;
To protect and conserve the value of buildings and other improvements, and minimize any adverse impact of development on adjoining or other nearby properties;
To ensure proper legal descriptions and documentation of subdivided land for the protection of both buyers and sellers of land;
To ensure that lot purchasers will receive a buildable, properly oriented lot, provided with adequate facilities to meet day-to-day needs;
To establish standards of design (and reference other sources of design standards and procedures) for subdivision improvements and improvements within unsubdivided developments to ensure safe and proper construction of new streets, utilities, drainage facilities; erosion control; and installation of street lighting;
To ensure a beneficial relationship between uses of land and buildings, and the street system, including safe access and maneuvering of fire trucks and other emergency vehicles;
To designate and define the powers and duties of the officials administering and enforcing this article; and
To establish penalties for the violation of this article.
[Ord. No. 3384, § 1(26-3), 10-10-1995]
The provisions of this article shall apply to every subdivision of land into two or more parcels, and including situations where there are proposed publicly dedicated streets, alleys, easements, parks, common areas, or other facilities. The provisions of this article shall also apply to developments subject to "planned development" approval under Article IV, Zoning, of this chapter.
The improvement plan requirements and land development standards, as contained in this article, shall also apply to unsubdivided developments, except for construction of improvements on single-family and two-family residential lots.
Every proposed subdivision of land within the City shall be submitted to the Planning Commission for its report and recommendation thereon to the Board of Aldermen. The final plat of any subdivision shall not be recorded in the office of the county recorder of deeds, unless and until such plat is approved in accordance with the provisions of this article.
The sale or transfer of small parcels of land to or between adjoining property owners, where such sale does not create additional lots, is exempt from the requirement of Board of Aldermen approval of a final plat. Prior to such sale or transfer and recording thereof, the property owners involved shall comply with the boundary adjustment provisions contained in §§ 26-130.5 through 26-130.7 of this article.
Any court-ordered division of a tract of land shall comply with the requirements of this article.
[Ord. No. 3384, § 1(26-4), 10-10-1995]
It is hereby declared to be the intention of the Board of Aldermen that the provisions of this article are severable. If any part of this article is declared invalid by any court of competent jurisdiction, such ruling shall not affect or impair the integrity or validity of the remainder of this article or its application to other persons, property or circumstances. The Board of Aldermen declares that provisions of this article not ruled to be invalid would have been enacted, even without the provisions ruled invalid.
[Ord. No. 3384, § 1(26-11), 10-10-1995; Ord. No. 3406, § 1(Exh. A, § 1), 3-12-1996]
- Having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.
- A minor public or private right-of-way shown on a plat, providing secondary vehicular access to the rear or side of a lot, block, or parcel of land otherwise abutting a street.
- AS-BUILT DRAWINGS
- Improvement plans revised to show improvements as they were actually installed, including horizontal and vertical location of underground utilities and other underground facilities.
- A definite point of known location and elevation, and set with a permanent monument. The identity and elevation shall be based on United States Geological Survey (USGS) datum. Benchmarks established by the 1981 Metropolitan St. Louis Sewer District (MSD) benchmark loop system, and official additions thereto, or the Missouri Highway and Transportation Department (MHTD) are acceptable benchmarks.
- See structure.
- BUILDING LINE
- See setback.
- COMMON GROUND
- Natural or landscaped open space within or related to a development, not in individually owned lots, designed and intended for siting common facilities (e.g., recreation facilities and storm drainage detention facilities) and for the common use of the residents and property owners of the development. Common ground is intended to be synonymous with common open space, common land, and common area when used in the appropriate context.
- A form of property ownership occurring in accordance with the Uniform Condominium Act, Chapter 448, Revised Statutes of Missouri.
- CORNER LOT
- See lot, corner.
- A person, firm or corporation undertaking land development activity, including the subdivision of land and other improvements to land pursuant to the requirements of this article.
- All structures and other modifications of the natural landscape, above and below ground on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.
- DEVELOPMENT, PLANNED
- Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A planned development includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A planned development is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A planned development includes provisions for the operation and maintenance of common areas, facilities, and improvements that are for use by the occupants of the planned development, but which will not be provided, operated, or maintained at public expense.
- The Director of Public Works or his designee.
- DOUBLE FRONTAGE LOT
- See lot, through.
- A grant of one or more of the property rights by a property owner to, or for use by, the public, a corporation, or another person or entity for a specific purpose (e.g., for utility lines or ingress/egress).
- ENGINEER, REGISTERED
- A professional engineer registered in the State of Missouri.
- Any act by which earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
- Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.
- FLAG LOT
- See lot, flag.
- See slope.
- Excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.
- GRADING PERMIT
- A permit allowing the commencement of grading, excavation, or filling of land, but not permitting installation of site or building improvements requiring an improvements construction permit or a building permit.
- HOMEOWNERS ASSOCIATION
- See subdivision association.
- IMPROVEMENT PLANS
- The engineering and landscape design drawings and specifications indicating types of materials, location, and construction details for the improvements associated with a subdivision or other land development.
- Street pavement, sidewalk pavement, pedestrian way pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, street lighting, and similar items, as distinguished from buildings and other structures requiring building permits for the erection thereof.
- IMPROVEMENTS CONSTRUCTION PERMIT
- A permit allowing the installation of improvements, in connection with the development of a subdivision or other land development.
- LAND DEVELOPMENT STANDARDS
- Standards established in the regulations of this article which provide minimum standards of design and construction of land improvements, such as streets, sidewalks, utilities, grading, lighting, and similar improvements.
- LAND SURVEYOR
- A land surveyor registered in the State of Missouri.
- A parcel of land intended to be separately owned, developed, and otherwise used as a unit.
- LOT LINES
- The lines bounding a lot, as defined herein.
- LOT, CORNER
- A parcel of land abutting two road rights-of-way at their intersection.
- LOT, DOUBLE FRONTAGE
- See lot, through.
- LOT, FLAG
- A lot with access provided to the bulk of the lot by a narrow corridor of property.
- LOT, THROUGH
- A lot having its front and rear yards each abutting on a street (also known as "double frontage" lot).
- A permanent land survey marker placed by a land surveyor in accordance with the current "Standards of Missouri Board for Architects, Professional Engineers and Land Surveyors and Department of Natural Resources."
- NONRESIDENTIAL SUBDIVISION OR DEVELOPMENT
- A subdivision or unsubdivided development whose principal use is commercial or industrial in nature. A mixed residential/office use, developed under the provisions of the "MXD" zoning district provisions (as per § 26-168, Article IV, Zoning), shall be considered a nonresidential development for purposes of this article.
- Any premises not located within the property to be subdivided or developed, whether or not in the same ownership of the developer requesting approval of the subdivision or development.
- Any person, agent, firm or corporation having a legal or equitable interest in the property.
- PEDESTRIAN WAY
- An improvement pathway designed to separate pedestrian traffic from vehicular traffic or otherwise provide for pedestrian traffic circulation on-site. For purposes of this chapter, "pedestrian way" does not include sidewalks.
- A corporation, firm, partnership, association, organization and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver, or other representative appointed according to law. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as to partnership or association, the word shall include the partners or members thereof, and, as to corporation, it shall include the officer, agents or members thereof who are responsible for any violation of such section.
- PLANNING COMMISSION
- The officially appointed Planning, Zoning and Architectural Review Commission of the City.
- A scaled map, plan, or layout of a tract indicating the subdivision of such tract in accordance with the requirements of this article.
- PRIVATE STREET
- See street, private.
- A strip of land reserved or acquired by dedication, prescription, condemnation, gift, purchase, or any other legal means occupied or intended to be occupied by a street, sidewalk, railroad, utility, sewer, or other similar use.
- SETBACK (BUILDING LINE)
- The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line within which no structure can be placed, unless otherwise provided for in Article IV, Zoning.
- An improved pathway, located within a street right-of-way or easement along such street, designed to separate pedestrian traffic from vehicular traffic on such street.
- A tract of land upon which actual development exists or development is proposed.
- The inclination from a horizontal reference line of the ground surface, and expressed by stating the horizontal distance relative to the amount of vertical rise or fall (e.g., two horizontal units to one vertical unit).
- A general term denoting a public or private way which affords the principal means of vehicular access to abutting property. The term includes all facilities which normally are found within a right-of-way. A street may be designated as a highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, court or other such terms, but shall not include pedestrianway or alley.
- STREET, COLLECTOR (NONRESIDENTIAL)
- A street designed to carry traffic to/from the system of minor streets to/from the system of major streets; or a street located in any nonresidential zoning district, not including Watson Road or Sappington Road.
- STREET, CUL-DE-SAC
- A minor residential or nonresidential street, one end of which is closed, and consists of a circular turnaround.
- STREET, MINOR (RESIDENTIAL)
- A street which principally provides access to residential neighborhood properties, carries relatively low traffic volumes which are primarily generated within the immediate residential neighborhood, and is not designed or intended to serve as a collector street.
- STREET, PRIVATE
- Any street which is privately owned by owners in common (e.g., owners of lots in a subdivision development), and is used for vehicular traffic by the owners and those having express or implied permission from the owner.
- That which is built or constructed, including, but not limited to, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
- Either or both of (a) a division or redivision of a tract of land into two or more lots, or (b) the dedication or establishment of a street, alley, easement, or other public way in conjunction with or used in any such tract.
- SUBDIVISION ASSOCIATION
- A private, nonprofit association of property owners that operates and maintains various common properties of a subdivision or development.
- An area or parcel of land.
- TRUST INDENTURE
- Any recordable instrument by which common ground and improvements are held or maintained or which assessments in a subdivision are levied for the administration of specific maintenance obligations, or both.
- The purpose or activity for which land or a building thereon is designed, arranged or intended, or for which it is maintained.
[Ord. No. 3384, § 1(26-12), 10-10-1995; Ord. No. 3406, § 1 (Exh. A, § 2), 3-12-1996]
Abbreviations, as used in this article, shall have the following meanings:
- Americans with Disabilities Act
- Americans with Disabilities Act Accessibility Guidelines
- Missouri Department of Natural Resources
- Federal Emergency Management Administration
- Missouri Highway and Transportation Department
- Metropolitan St. Louis Sewer District
- United States Geological Survey
[Ord. No. 3384, § 1(26-21.1), 10-10-1995]
Major subdivisions require the submittal of a sketch plat and approval of a preliminary and a final plat, in accordance with the provisions of this article. A major subdivision is a subdivision having any of the following characteristics:
The subdivision involves the creation of more than four lots;
The total area of the tract to be subdivided is greater than two acres in size;
There are proposed publicly dedicated streets, alleys, easements, parks, or other public lands; or
Any subdivision of a tract of land for which a rezoning is required for all or a portion of the tract, including rezoning to a "PD" district.
[Ord. No. 3384, § 1(26-21.2), 10-10-1995]
A minor subdivision is a subdivision that does not have any of the characteristics of a major subdivision, as described in § 26-57 above. Minor subdivisions are not required to comply with the sketch plat and preliminary plat provisions of this article.
[Ord. No. 3384, § 1(26-22), 10-10-1995]
Creation of lots. No lot shall be created, nor property transferred from one adjoining lot to another, that results in any lot, and/or the use thereof, failing to comply with the requirements of Article IV of this chapter.
Rezoning (zoning district map amendment). When a proposed subdivision would require that the tract, or portion thereof, be rezoned, consideration of the preliminary plat and the rezoning petition shall take place concurrently. The Planning Commission report on the preliminary plat and the proposed rezoning shall be submitted to the Board of Aldermen. In no event shall the Board of Aldermen approve a final plat prior to the Board adopting an ordinance approving the rezoning of the subject tract, or portion thereof.
[Ord. No. 3384, § 1(26-23), 10-10-1995]
For the purpose of this article, certain rules of construction apply to the text as follows:
Words used in the present tense include the future tense; the singular includes the plural; and the plural includes singular, unless the context clearly indicates the contrary.
The terms "shall" and "must" are mandatory and not discretionary; the words "may" or "should" are permissive.
The words and phrases expressly defined herein shall be given the defined meaning, unless indicated otherwise by the context.
Words and phrases which are not defined herein shall be given their usual meaning, except where the context clearly indicates a different or specified meaning.
The words "use" or "occupy" shall include the words "intended", "designed", or "arranged" to be "used" or "occupied."
[Ord. No. 3384, § 1(26-24), 10-10-1995]
Unless otherwise specifically provided, the time within which an action is to be taken shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded.
The time period legally required by law for public notices shall include all calendar days, unless specified otherwise by law.
Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him/her and the notice or paper is served by mail, three days shall be added to the prescribed period.