[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:
A line on a plat between which line and street or private
place no buildings or structures may be erected.
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.
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.
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]
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)
STREET, COLLECTOR
STREET, MINOR
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:
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.
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.
