This Chapter and any amendments thereto shall be known, cited,
and referred to as the "Subdivision Regulations of the City of Twin
Oaks."
[R.O. 2016 § 405.010; R.O. 2011 § 405.010; Ord. No. 95-24 § 1, 8-30-1995]
The purpose of this Chapter is to promote the public health,
safety and general welfare of the City of Twin Oaks by regulating
the division and re-division of land in order to lessen congestion
in the streets and highways, further the orderly development and appropriate
use of land, establish accurate records of land subdivisions, protect
land title, implement the City's Comprehensive Plan and coordinate
the provision of transportation, water, sewerage and public utility
facilities.
[R.O. 2016 § 405.020; R.O. 2011 § 405.020; Ord. No. 95-24 § 2, 8-30-1995]
The following words, terms and phrases, for the purpose of this
Chapter, shall have the meanings ascribed to them in this Section,
except where context clearly indicates a different meaning:
The Board of Aldermen of the City of Twin Oaks.
A line on a plat between which line and street or private
place no buildings or structures may be erected.
The City's engineering consultant.
The Planning and Zoning Commission of the City of Twin Oaks.
A unit available for sale in fee simple contained in a multi-occupancy
project subject to covenants and restrictions placing control over
the common facilities in an elected board.
The method used to described 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.
Any person, corporation, partnership or other business entity
owning fee title or possessing a superior right to develop and/or
subdivide.
A map, drawing or chart on which the subdivider's plan of
the subdivision is presented and submitted for approval with the intention
of recording in final form.
The division of land into two (2) or more tracts, sites or parcels;
Condominium creation or conversion;
Dedication or establishment of a road, highway or street through
a tract of land regardless of area;
Resubdivision of land divided or platted into lots, sites or
parcels;
Any sale or contract of sale or agreement to purchase any lot
or subdivision of land by metes and bounds as defined herein shall
constitute a subdivision of land and require, prior to any sale or
contract of sale or agreement to purchase and before the delivery
of a deed, the submission of a plat to the Commission as required
by law. The term "subdivision" shall be applicable and the provisions
of this Chapter shall apply, any precedent, custom or usage to the
contrary notwithstanding, to the creation of one (1) or more additional
lots by the division, subdivision or dividing up of property used
as a single residential lot upon which only a single residence had
been situated.
A.
Introduction.
In seeking to subdivide or resubdivide any tract of land within the
City, the owner or his/her authorized agent, hereafter referred to
as the subdivider, shall follow the procedures in this Chapter relating
to preliminary plats, improvement plans and final plats.
B.
Application.
In seeking to subdivide or resubdivide any tract or parcel of land
within the City, the subdivider shall:
1.
Confer with the Zoning Administrator or other designated City Official
in order to become thoroughly familiar with the City's regulations
and requirements affecting the territory in which the land in question
lies, and obtain copies of all ordinances pertaining to the procedure
and requirements for subdivision of land; and
2.
File with the City Clerk fifteen (15) copies of the appropriate application
on a form provided by the City Clerk and approved by the Commission.
The application shall include such fees as may be prescribed herein
as well as such additional information as the Commission may require.
The City Clerk shall forward the application to the Zoning Administrator
or other designated official.
C.
Processing
Cost Deposit And Fees.
1.
Review Of Subdivision Applications.
a.
A processing cost deposit in the amount set forth in Section 400.500 shall be paid to the City at the time a preliminary plat is filed in the City Clerk's office. This deposit is for the purpose of providing funds for professional and administrative costs incidental to the review and processing of plats, whether preliminary or final, and improvement plans. Any costs or expenses incurred by the City as a result of the submission, review and final determination of any given plat or improvement plan shall be paid for out of the deposited amount. The costs and expenses incurred by the City, to be deducted from the deposit, shall be determined by the City Clerk from specific review billings submitted to the City by the City Engineer, the City Attorney or any other retained consulting professionals.
b.
After final determination and disposition by the City of any subdivision
plat, at whatever stage that may occur, any portion of the deposited
monies not expended or budgeted for expenditures shall be returned
to the subdivider; provided, however, that, regardless of the amounts
not expended or budgeted for expenditures, the City shall retain a
minimum amount of two hundred dollars ($200.00) from the processing
cost deposit. Likewise, any costs or expenses incurred by the City
in excess of the deposited amount shall be paid to the City within
thirty (30) days from the final determination or disposition by the
City. At the time of the final determination, the City Clerk shall
prepare for the subdivider a list of costs or expenses, along with
a determination of any amount due the City or any amount to be refunded
to the subdivider.
c.
The processing cost deposit required herein shall be separate from
and is not intended to include any building, improvements, grading
or any other inspection or permit fees or any escrow monitoring fees
established in this or any other ordinance.
2.
Other Fees.
a.
Any fees for boundary adjustments, buildings, improvements, grading
or any other land use applications, inspections or permit fees or
any escrow monitoring fees as established in this or any other ordinance
shall be collected for the purpose of providing funds to cover professional
and administrative costs incidental to the review, inspection and/or
processing of the specified application. Any costs or expenses incurred
by the City as a result of the submission, review, inspection and
final determination of any given application shall be paid for out
of the prescribed fee. The costs and expenses incurred by the City
shall be determined by the City Clerk from specific review of billings
submitted to the City by the City Engineer, the City Attorney and/or
any other retained consulting professionals.
b.
Upon final determination or disposition by the City of any given
application, at whatever stage that may occur, any portion of the
prescribed fee not expended or budgeted for expenditures shall be
returned to the applicant; provided, however, that regardless of the
amounts not expended or budgeted for expenditures, the City shall
retain a minimum amount of two hundred dollars ($200.00) from the
prescribed fee. Any costs or expenses incurred by the City in excess
of the prescribed fee shall be paid to the City within thirty (30)
days from the notification of final determination or disposition by
the City. At the time of the final determination or disposition or
as soon thereafter as practical, the City Clerk shall prepare for
the subdivider a list of costs or expenses, along with a determination
of any amount due the City or any amount to be refunded to the subdivider.
D.
Boundary
Adjustments.
1.
The division or consolidation of land involving either the sale or
transfer of parcels of land to or between adjoining property owners,
or the consolidation of the use of adjoining parcels of land owned
by a single property owner, when either of such actions does not create
an additional lot nor reduce the original lot or lots below the zoning
requirements of the applicable district or districts, shall be exempt
from the subdivision requirements of this Chapter but shall require
a boundary adjustment.
2.
Prior to such sale, transfer or consolidation, a boundary adjustment plat shall be submitted to the Commission for its review and recommendation. The application shall include a fee in the amount set forth in Section 400.500 for the City's costs in reviewing and processing the plat, as well as such additional information as the Commission may prescribe. The City Clerk shall forward the application to the Zoning Administrator or other designated official, who shall forward the application to the City Engineer for review and recommendation.
3.
The Commission shall forward the plat and its recommendation to the
Board of Aldermen for the Board of Aldermen's consideration of the
adoption of an ordinance approving same. If the Board of Aldermen
deems that further investigation or inquiry is required, the Board
of Aldermen may refer the boundary adjustment plat back to the Commission
for its additional review and recommendation prior to making a determination.
Such boundary adjustment, so approved, shall be recorded in the office
of the St. Louis County Recorder of Deeds.
E.
Condominium Plat. Unless otherwise required by law and in addition to the minimum land development standards found in Section 405.120 of these Subdivision Regulations, the platting requirements and procedures contained in this Section 405.040 shall govern condominium plats.
1.
Approval Process. Prior to application, persons seeking condominium plat approval shall comply with the preapplication meeting procedure set forth in Section 405.040(B)(1) above, and afterward, the applicant may submit a final condominium plat as set forth below to the Planning and Zoning Commission for review and recommendation. If the Planning and Zoning Commission determines that the condominium plat meets the requirements of this Section and other applicable requirements, it shall recommend approval of the plat. If the Planning and Zoning Commission finds that the plat as submitted does not meet the requirements hereof it shall, at its discretion, either recommend denial of approval or postpone its review for a reasonable time to allow the applicant to bring the plat into compliance as directed by the Commission. Once a recommendation has been made by the Planning and Zoning Commission and after the Board of Aldermen has approved the plat, the City Clerk or Secretary of the Planning Commission is hereby authorized and directed to endorse upon the condominium plat the approval of the Board of Aldermen under the seal of the City.
2.
Compliance With The Uniform Condominium Act. All condominium plats
proposed for approval shall comply with the Uniform Condominium Act,
Section 448.1-101 et seq., RSMo., as amended, and must be prepared
by a registered land surveyor or professional engineer.
3.
Submission Requirements.
a.
Record Condominium Plat. A record condominium plat shall be prepared
and submitted by a registered land surveyor or engineer, at a scale
of one (1) inch equals fifty (50) feet to one (1) inch equals one
hundred (100) feet in any increments of ten (10) feet on one (1) or
more sheets whose maximum dimensions are twenty-four (24) inches by
thirty-six (36) inches. In certain unusual instances where the subdivided
area is of unusual size or shape, the City Clerk may permit a variation
in the scale or size of the record plat. If more than one (1) sheet
is required, a key map on Sheet No. 1 showing the entire subdivision
at reduced scale shall be provided.
b.
Site Plan. In addition to the record condominium plat, the applicant
shall submit a site plan in compliance with the specifications of
Section 400.340(A)(2). The applicant shall prepare and submit to the
City Clerk seven (7) copies of the site plan and record plat, a reduced
copy of the plat measuring eleven (11) inches by seventeen (17) inches
and an electronic copy of the plat. The submission shall be made in
compliance with the submission schedule of deadlines established by
the City Clerk.
4.
Condominium Plat, Minimum Contents. The condominium plat must show
the following:
a.
The name of the condominium, which shall include the word "condominium"
or be followed by the words "a condominium" and the association;
b.
The name and survey or general layout of the entire condominium;
c.
The location and dimension of all real estate not subject to development
rights, or subject only to the development rights to withdraw, and
the location and dimensions of all existing improvements within that
real estate;
d.
A description of any encroachments by or upon and portion of the
condominium;
e.
Indicate the location with reference to an established datum of any
horizontal unit's boundaries and that unit's identifying number;
f.
Indicate any real estate in which the unit owners will own only an
estate for years, labeled as "leasehold real estate";
g.
Indicate the distance between non-contiguous parcels of real estate
comprising the condominium;
h.
Indicate the location and dimension of limited common elements, indicate
porches, balconies, and patios, other than parking spaces and other
limited common elements; and
i.
The plat shall label any contemplated improvement shown as either
"SHALL BE BUILT" or "NEED NOT BE BUILT."
5.
Declaration And Bylaws. Each application for a condominium plat shall
be accompanied by the submission of the condominium declaration and
bylaws which shall include a clear statement of the governing responsibilities
for maintaining and common areas.
6.
Review. The City Engineer, or his/her designee shall review the plat
and associated site plan in regard to standards of these regulations
upon receipt of a complete application and provide any comments for
revision to the applicant, directing the applicant to provide fifteen
(15) copies and an electronic copy in a format suitable to the standards
of the City to the City Clerk for inclusion on the next available
Planning and Zoning Commission agenda.
7.
Common Areas And Maintenance. All condominium associations shall
be responsible for traffic and parking control, snow removal, sewers,
water lines and lighting of the common areas. Non-residential condominiums
shall be required to provide cross maintenance and parking agreements.
The City shall have the right of easement to enter such common areas
for the purpose of emergency for fire, police, and enforcement of
its Code and the plat shall so provide. Such common areas shall remain
the property of the condominium and the City shall not accept a dedication
of these elements or the responsibility of maintenance.
8.
Improvement Plans. Improvement plans in accordance with Section 405.070 shall be submitted along with the other submittals when public improvements are being installed and/or other site development work is proposed to be undertaken. Where improvement plans are required, the requirements for improvement guarantees (Section 405.090) will also be applicable.
9.
Setbacks, Lot Dimensions And Lot Lines. For zoning, subdivision and
building code purposes, the applicable lot lines for setback, lot
dimension and firewall purposes are those of the entire parcel that
is the subject of the condominium plat and held in common by the unit
owners. The lines within the walls and roof/ceiling surrounding each
tenant space delineate ownership rights under a condominium form of
ownership but shall not be considered separate "lots" for certain
zoning, subdivision and building code purposes.
F.
Miscellaneous
Provisions.
1.
Building And Repair Permits In Unapproved Subdivisions. The Code Enforcement Official 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 adoption of this Chapter 405 but which has not been approved in accordance with the provisions contained in this Chapter 405.
2.
Plat To Be Approved. No plat of any subdivision shall be entitled to be recorded with the St. Louis County Recorder of Deeds or have any validity until it shall have been approved in the manner prescribed in this Chapter 405.
3.
Sale By Metes And Bounds. No person shall sell or attempt to sell a lot by metes and bounds in violation of this Chapter 405.
4.
Variations And Exceptions. Whenever the strict enforcement of the
regulations under this Chapter would entail unusual, real or substantial
difficulties or hardships, the Commission and Board of Aldermen may
vary or modify them in such a way that the subdivider is allowed to
plan and develop the property and record a plat of the same without
unjust difficulties and expenses, 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.
5.
Changes Or Amendments. Any regulations or provisions of this Chapter
may be changed and amended from time to time by the Board of Aldermen;
provided, however, that such changes or amendments shall not become
effective until after a study and report by the Commission and a public
hearing before the Board of Aldermen.
A.
The
subdivider shall submit such number of copies of the preliminary plat
to the City Clerk's office as is required by the Commission's policies.
The Commission's policies are on file with the City Clerk.
B.
The
preliminary plat shall be drawn at a scale not to exceed one (1) inch
to one hundred (100) feet on an exhibit approximately twenty-four
(24) inches by thirty-six (36) inches and shall contain the following
information:
1.
North point, scale and date.
2.
Location of the present property, legal description and lines of
incorporated areas.
3.
Boundaries and name of the proposed subdivision and the subdivider
platting the tract.
4.
Area of tract.
5.
Lot layout.
6.
Existing and proposed streets, alleys and easements, including width
of right-of-way.
7.
Names of existing and proposed streets and notation that proposed
streets are to be dedicated either as private or public streets.
8.
Grades and profiles of streets, plans or written and signed statements
regarding the grades of proposed streets, width and type of pavement
and general explanation of grading plan.
9.
Location, size and type of proposed water mains, hydrants, utilities,
and proposed improvements such as sidewalks, plantings and parks,
and any grading of individual lots.
10.
Zoning districts, school districts, fire districts, sewer districts,
public water supply and drainage districts and any other legally established
districts.
11.
Sufficient contour data, with intervals of five (5) feet or less,
to indicate the slope and drainage of the tract and the high and low
points thereof. Contour data shall extend one hundred fifty (150)
feet beyond the limits of the subdivision boundaries. United States
Geological Survey datum shall be the governing elevation reference.
12.
Location of any portion of the property which lies within the 100-year
to 500-year floodplain.
13.
Location of existing open surface water drainage channels, watercourses,
sink holes, and areas within the tract subject to inundation by stormwater,
together with any information regarding any necessary widening, straightening,
surfacing, or other improvements of such channels.
14.
Data regarding the area served by stormwater drainage and improvements,
including the estimated volume of runoff and other similar information.
15.
Location, size and type of existing and proposed stormwater improvements
within tract or adjacent to it, including culverts, bridges, underground
facilities and/or detention basins.
16.
Method of sewage disposal, including the location, size and type
of existing sanitary sewer improvements or other sewage disposal facilities
within the tract or adjacent thereto, and location, size and type
of proposed sanitary sewer improvements within tract or adjacent to
it.
17.
Proposed easements to accommodate sanitary sewers, storm sewers,
stormwater improvements and underground construction.
18.
Existing protective covenants or other exceptions attached to the
property or its uses.
19.
Easements of record.
20.
Tree masses and limits of clearing.
21.
Existing buildings or structures.
22.
Building and setback lines.
23.
Proposed land use for all lots proposed if for other than a single-family
dwelling.
24.
Areas designated for open space, detention or common recreational
land.
25.
All ravines, floodplains, woodlands and drainageways.
26.
The names and adjoining boundaries of all adjoining subdivisions
and the names of record owners of adjoining parcels of unsubdivided
land.
27.
Renderings of the proposed development (if applicable).
C.
Processing
Cost Deposit. The processing cost deposit in the amount of two thousand
dollars ($2,000.00) shall be paid to the City at the time the preliminary
plat is filed in the City Clerk's office.
A.
Notice.
Upon the filing of a preliminary plat application the City Clerk shall
cause a notice to be posted, in clear view, on the property proposed
to be subdivided, said notice indicating that the Commission will
be considering a preliminary plat for the subdivision of that particular
property and setting out, in general terms, the general description
of the property being so considered.
B.
City
Review. The Zoning Administrator or other designated official shall
receive the application and determine, within fifteen (15) days, whether
it complies with all applicable submission requirements. If the application
is deficient, the applicant shall be notified and granted an additional
fifteen (15) days to complete same. The Commission shall be deemed
to have received the application on the date of its next regularly
scheduled meeting following acceptance of the application by the Zoning
Administrator or other designated official as being in compliance
with all submission requirements. In no instance shall the City accept
an application for plat approval if a previous application was denied
within one (1) year of the new application, unless the City verifies
that substantial new facts or change in circumstances warrant reapplication.
Other specific procedures for review are set forth in the Commission's
procedures which are adopted herein by reference.
C.
Preliminary
Plat Review.
1.
If the application complies with submission requirements, copies thereof shall be forwarded to the Commission and the Board of Aldermen, including therein the Zoning Administrator's or other designated official for comments and/or recommendation to approve, disapprove, modify or conditionally approve the application. An application complying with the submission requirements that has been forwarded to the Commission shall not be deemed received by the Commission for purposes of Section 405.060(C)(2) until the date of the next regular meeting of the Commission.
2.
The Commission shall study the preliminary plat to determine conformity with the standards and requirements of both this Chapter 405 and other applicable ordinances of the City and shall recommend approval, disapproval, modification or conditional approval of such plat within sixty (60) days after the date it is received by the Commission as provided in Section 405.060(C)(1), but such period may be extended with the applicant's approval. Filing an amended plat or other material required by this Chapter 405 or by the Commission shall constitute a request by the subdivider for an extension of time for consideration of the plat. If the Commission does not act within such period of time, the preliminary plat shall be deemed to have been recommended for approval and forwarded to the Board of Aldermen for consideration, but such approval does not constitute an acceptance of the subdivision final plat by the Commission or the Board of Aldermen. Preliminary plats not containing all of the data specified in Section 405.050(B) shall not be approved by the Commission.
3.
The Board of Aldermen shall study the preliminary plat to determine conformity with the standards and requirements of both this Chapter 405 and other applicable ordinances of the City and shall approve, disapprove, modify or conditionally approve the preliminary plat. Filing an amended plat or other material required by this Chapter 405 or by the City shall constitute a request by the subdivider for an extension of time for consideration of the plat. Preliminary plats not containing all of the data specified in Section 405.050(B) shall not be approved.
D.
Plat
Approval.
1.
Approval of a preliminary plat may be subject to specific conditions
which the Commission or the Board of Aldermen deems necessary for
good planning and the general welfare.
2.
The approval of a plat by the City does not constitute or effect
any acceptance by the City of the dedication to public use of any
street or the ground shown upon the plat.
3.
The approval of the preliminary plat shall be effective for one (1)
year unless the subdivider has proceeded with completing additional
steps in the City's subdivision procedure. When a plat is voided,
the City shall notify the subdivider of such action. Any resubmittal
of an expired preliminary plat shall be accompanied by another filing
fee.
4.
Where conditions of topography, location of the property, streets,
etc., and similar conditions create difficulty in the division of
the land and layout of streets and/or similar improvements, the Commission
and/or Board of Aldermen may require the submission, by the subdivider's
engineer, of supplementary cross-sections, surveys, alignments or
similar engineering material to be used in analyzing and studying
the proposed subdivision of land regarding possible hazardous conditions
relating to grading plans, street layout, stormwater disposal and
similar features common to subdivision of land.
5.
Board of Aldermen approval of the preliminary plat subject to conditions
is authorization for the subdivider to proceed with the preparation
of subdivision improvement plans.
6.
Upon approval by the Board of Aldermen, four (4) copies of the preliminary
plat shall be dated and executed by the Mayor. At least two (2) copies
of the approved preliminary plat shall be retained by the City, and
two (2) copies shall be given to the subdivider.
A.
Initial
Conference. Improvement plans shall be based on the preliminary plat
approved by the Board of Aldermen. Before improvement plans involving
streets in a subdivision are prepared for Commission review, the subdivider
may request an initial conference with the Zoning Administrator and/or
City Engineer in order to inform the City of the general plans being
considered for the streets of the subdivision and to obtain input
from them regarding any special factors to be considered at the site
and to become aware of special conditions which may be required as
a result of the contemplated street plan.
B.
Submission
Requirements. The subdivider shall submit four (4) sets of improvement
plans for review [and five (5) sets for final approval] to the City
Clerk's office. The improvement plans shall be drawn at a scale not
to exceed one (1) inch to one hundred (100) feet on an exhibit approximately
twenty-four (24) inches by thirty-six (36) inches and shall contain
the following information:
1.
North arrow, scale and date.
2.
Title block showing name and address of subdivider and subdivider's
registered professional engineering firm, as well as the engineer's
seal.
3.
One (1) or more benchmarks in or near the subdivision to which the
subdivision is referenced. The identity and elevation shall refer
to United States Geological Survey datum.
4.
List of standards and specifications followed for items and operations
of construction that appear in the improvement plans.
5.
Grading plan conforming to Chapter 407 and indicating existing and proposed contours, grading and compaction details, and details of protective methods to prevent silt and mud damage to off-site streets and properties during construction operation.
6.
Street plans conforming to Section 405.120 and including paving details and details of street showing grading, slopes, width of pavement and culs-de-sac with typical cross sections.
7.
Street name signs, stop signs and the proposed subdivision entryway
sign, indicating their location and specifications.
9.
Storm sewer plan indicating:
a.
Existing and proposed storm sewers and structures.
b.
Drainage area map delineating both off-site and on-site drainage
capacity.
c.
Details of detention storage facilities, accompanied by proposed
routing procedure and structural design computations.
d.
Design and construction specifications conforming to the requirements
of the St. Louis Metropolitan Sewer District or the City of Twin Oaks,
whichever is more restrictive.
10.
Miscellaneous, to be included when applicable:
11.
Natural features within and adjacent to the proposed subdivision,
including any natural resources and other drainage channels, bodies
of water, wooded areas, and other significant features. On all watercourses
leaving the tract, the direction of flow shall be indicated, and for
all watercourses entering the tract, the approximate drainage area
and watershed name above the point of entry shall be noted.
12.
Storm drainage analysis showing drainage data for all watercourses
or drainage ways entering and leaving the plat boundaries. The storm
drainage design shall be prepared to demonstrate the proposed system's
capability of accommodating not less than the current MSD or any criteria
adopted by the City, whichever is more restrictive.
13.
Designation of any portion of property within the 100-year floodplain,
based upon calculations recognized by the Federal Flood Insurance
Administration and the City Engineer as the most recent and accurate
available from the Army Corps of Engineers.
C.
Documents
Accompanying Improvements Plans.
1.
Indenture of restrictions to be recorded with or on the final plat.
2.
Street numbers obtained from the Mapping Department of the St. Louis
Post Office.
3.
Written approval of the sanitary and storm sewer systems, indicating
approval of plans submitted for review by St. Louis Metropolitan Sewer
District and/or the City, whichever is applicable.
4.
Copy of contract with the Missouri-American Water Company for water
service to all lots.
5.
Certified statement by the subdivider's engineer of the estimated
cost of improvement installation which the City Engineer has approved
by initialing same. This provision is applicable only if the subdivider
intends to install improvements after the final plat is approved.
6.
Certificate or other proof showing all taxes to the last taxpaying
period have been paid.
7.
If the proposed subdivision fronts on a public street, a letter from
the public agency shall be submitted to the City stating approval
of the proposed access together with any conditions which have been
stipulated.
8.
Certified copy of the recorded preliminary plat as provided in Section 405.060(D)(6).
A.
Submission
And Review Procedure.
1.
Sanitary sewer plans shall be reviewed and approved by St. Louis
Metropolitan Sewer District, and such sewers shall be designed, constructed
and installed in conformance with St. Louis Metropolitan Sewer District
regulations.
2.
Storm Sewers.
a.
All stormwater improvements shall be designed, constructed and installed
in conformance with latest regulations adopted by St. Louis Metropolitan
Sewer District or any stormwater regulations adopted by the City,
whichever is more strict.
b.
All stormwater plans shall be reviewed and approved by the City.
However, plans for stormwater facilities on easements dedicated to
and maintained by St. Louis Metropolitan Sewer District shall be reviewed
and approved by St. Louis Metropolitan Sewer District per MSD or the
City of Twin Oaks criteria, whichever is more strict.
3.
Designated City Officials shall review all other portions of the
improvement plans and accompanying documentation for which they are
responsible. They shall sign and date that portion of the plans indicating
their approval or disapproval.
4.
The City Engineer shall recommend approvals or disapprovals to the
Mayor and the City Clerk.
a.
The Mayor and the City Clerk shall examine the recommended approval
or denial by the City Engineer and/or designated City Officials. The
Mayor and the City Clerk shall then give final approval or disapproval
of the improvement plans together with the accompanying documents.
Such final approval or denial of the improvement plans by the Mayor
and the City Clerk shall be indicated in writing on all five (5) sets
of plans. The City shall promptly give written notification to the
Board of Aldermen of such approval or denial.
b.
If either believes that further review is warranted, the Mayor shall
have the discretion to place any improvement plan submittal on the
Commission's agenda for review.
c.
Receipt by the subdivider of the signed improvement plans shall be
authorization for the subdivider to install the improvements.
d.
Approval of the improvement plans shall be effective for one (1)
year. No extensions shall be granted without the subdivider resubmitting
plans and the required accompanying documents for reapproval. An administrative
fee in the amount of two hundred dollars ($200.00) for processing
a preliminary plat extension shall be charged for the resubmission.
B.
Inspections.
1.
General Inspections. Periodic inspection by the Code Enforcement
Official or her designee shall be made of the subdivision during the
planning stages and as construction progresses.
2.
Required Inspections. The subdivider shall be notified of the required
inspections to be made by the City. The subdivider shall notify the
City not less than forty-eight (48) hours in advance of required inspections
that work is ready for inspection.
3.
The City shall make inspections and shall inform the subdivider of
all defects and substandard work or materials.
4.
The subdivider shall comply with other inspection requirements from
any other agency having jurisdiction within the City if any improvement
installation is within another agency's jurisdiction.
C.
Fees
And Permits.
1.
Land Disturbance Permit. In any subdivision, prior to the clearing, grading or any related work which results in removal of the natural site vegetation or destruction of the root zone or otherwise results in leaving the ground surface exposed to soil erosion through the action of wind or water, a permit shall be obtained from the Code Enforcement Official in accordance with the provisions of Chapter 407.
2.
Inspection And Review Costs. Upon final approval and prior to the
installation of any improvements within a subdivision, the applicant
shall pay for the costs of the City's review of applicant's plans
and inspection(s) of applicant's site. The permit shall be issued
after the permit fee is paid. The fee shall be based on a charge of
a percentage of the estimated cost of improvements to be installed,
provided the estimated cost is approved by the City Engineer. The
fee is charged to cover the City's costs related to inspections of
the subdivision development. The permit shall be valid for one (1)
year. The subdivider may apply for an extension of the permit's duration.
A site improvement permit extension fee in the amount of two hundred
dollars ($200.00) shall be charged. An additional permit fee may be
charged if the estimated cost of improvements to be installed has
increased, as determined by the City Engineer. The Board of Aldermen
shall authorize such extension, provided the subdivider has demonstrated
valid hardship and unforeseen practical difficulties.
A.
Improvement Guarantee Required. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans ("required improvements") of such improvements as required herein. Except as provided in Section 405.090(B), the developer shall either:
1.
Complete the improvements in accordance with the approved improvement
plans under the observation and inspection of the appropriate public
agency agreement; or
2.
Establish a deposit under a deposit agreement with the City of Twin
Oaks guaranteeing the construction, completion and installation ("construction
deposit") as required herein and for the improvements shown on the
approved improvement plans within the improvement completion period
approved by the City, which shall not exceed two (2) years.
B.
Exceptions.
1.
No guarantee or deposit is required with the City for sanitary and
storm sewers required by MSD if MSD confirms that its requirements
for assurance of completion are satisfied. This provision shall not
affect the intent or enforcement of any existing guarantee, escrow,
or renewal, extension or replacement thereof.
2.
The City may require any specific improvement to be installed prior
to approval of the record plat where failure to install such improvement
prior to further development could result in damage to the site or
surrounding properties.
C.
Deposit Options. Deposits required by this Section 405.090 shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:
1.
Cash deposited with the City Clerk to be held in an interest-bearing
account dedicated for that purpose, with all interest accruing to
the City to offset administrative and other costs of maintaining the
cash deposits.
2.
An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney. The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City. The letter of credit shall be irrevocable for at least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee (in the amount set out in Section 400.500 of this Code) to the City with submission of a letter of credit, and the same fee for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.
D.
Deposit Amount. The construction deposit required of a developer establishing a deposit agreement pursuant to Section 405.090(A)(2) shall be in the amount of one hundred ten percent (110%) of the City Engineer's estimate of the cost of the construction, completion and installation of the required improvements. The City may adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements. Where certain improvements are required to be installed prior to approval of the record plat pursuant to Section 405.090(B)(2), the gross deposit amount for the construction deposits shall be reduced by the estimated cost of such improvements.
E.
Deposit Agreement — Releases. The deposit agreement shall be entered into with the City, shall require the developer to agree to fulfill the obligations imposed by this Section 405.090, and shall have such other terms as the City Attorney may require consistent with this Section 405.090. The agreement shall authorize the designated City Official to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection and approval by the Board of Aldermen of all required improvements within a category of improvements, or may occur from time to time, as work on specific improvements is completed, inspected and approved; provided, however, that:
1.
Releases — General. The City shall release the cash or release
the letter of credit as to all or any part (by category) of the developer's
obligation only after construction, completion and installation of
all of the improvements as required by the approved improvement plans,
receipt of requisite written inspection request from the developer,
receipt of requisite written notification from all appropriate inspecting
public authorities, and approval by the Board of Aldermen (or its
designee); and only in the amounts permitted herein.
a.
Inspections. The City Engineer shall inspect each category of improvement
or utility work within twenty (20) business days after an inspection
request has been filed with the City Clerk by the developer and no
inspection shall be required until such request is received by the
City Clerk. For purposes of this Section, an inspection request shall
constitute and occur only on a completed written request on a form
provided by the City which shall include:
(1)
The category of improvement reflected in the deposit agreement
that is requested to be inspected;
(2)
An engineer's certification (or other professional's certification,
in the case of landscaping) that the category of improvement has been
installed and on the date of inspection application is maintained
and in conformance with the final approved improvement plans and all
applicable requirements thereto and is therefore ready for inspection;
and
(3)
A verified statement in the form designated by the City from
the representative officer of the developer attesting that the information
in the inspection request is true and accurate. Nothing herein shall
preclude the City from completing additional inspections at its discretion
or as a courtesy to the developer.
b.
Successor Developer. A developer must be released from all further
obligations if a replacement performance guarantee in the form provided
in this Section in an amount equal to or exceeding the value of the
unreleased portion of the original guarantee is given by another developer.
The release of the original guarantee shall not occur until after
the replacement guarantee has been finalized and approved by the City.
2.
Extension Of Completion Period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the City may grant an extension to the improvement completion period for a period of up to two (2) years if after review by the City such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; provided that the City may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts, or satisfaction of new Code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of this Section 405.090.
3.
Construction Deposit Releases. After an inspection of any specific
improvements, the City may at its discretion release up to but not
more than ninety-five percent (95%) of the original sum deposited
for the construction of such specific required improvements. Irrespective
of any discretionary prior releases that may be authorized by the
City after completion of any component of the guaranteed improvements
(i.e., less than all of the improvements in a given category), the
remaining amount held for any category of improvements for the entire
subdivision shall be released within thirty (30) days of completion
of all of the improvements in such category of improvement, minus
a retention of five percent (5%) which shall be released only upon
completion of all improvements for the subdivision. The City shall
establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of deposit
amounts, but such categories, components and line items shall in no
way modify or reduce the developer's guarantee as to all required
improvements, irrespective of any release or completion of any category,
or underlying component or line item. All improvements in a category
shall be deemed complete only when:
a.
Each and every component and line item within a category for the
entire subdivision has been constructed and completed as required;
b.
The developer has notified the City Clerk in writing of the completion
of all components of the category, provided all necessary or requested
documentation, and requests an inspection;
c.
The developer is not in default or in breach of any obligation to the City under this Section 405.090, including, but not limited to, the City's demand for maintenance or for deposit of additional sums for the subdivision;
d.
The inspection has been completed and the results of the inspection
have been approved in writing by the City and/or its agents.
4.
Effect Of Release — Continuing Obligations. The developer shall
continue to be responsible for defects, deficiencies and damage to
public streets and other required improvements during development
of the subdivision. No inspection approval or release of funds from
the construction deposit as to any component or category shall be
deemed to be City approval of improvement or otherwise release the
developer of its obligation relating to the completion of the improvements
until the final subdivision release on all improvements is issued
declaring that all improvements have in fact been constructed as required.
Inspection and approval of any or all required improvements shall
not constitute acceptance of the improvement by the City as a public
improvement for which the City shall bear any responsibility.
5.
Deficient Improvements. No approval of required improvements shall
be granted for improvements that fail to meet the specifications established
herein or otherwise adopted by the City.
6.
Final Construction Deposit Release. Upon final inspection and approval
of all required improvements, the remaining amount of the construction
deposit shall be released, provided that no such funds shall be released
on a final inspection until the development of the subdivision is
complete, as determined by the City.
F.
Failure
To Complete Improvements.
1.
The obligation of the developer to construct, complete, install and maintain the improvements indicated on the approved improvement plans shall not cease until the developer shall be finally released by the City. If, after the initial improvement completion period, or after a later period as extended pursuant to this Section 405.090, the improvements indicated on the approved improvement plans are not constructed, completed, installed, accepted, and maintained as required, or if the developer shall violate any provision of the deposit agreement, the City may notify the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision during any period in which the developer is in violation of the deposit agreement or Subdivision Code relating to the subdivision. If the developer fails to cure any default or present compelling reason why no default should be declared, the City shall declare the developer in default and may take any one (1) or more of the following acts:
a.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be then placed in an appropriate trust
and agency account subject to the order of the City for such purposes
as letting contracts to bring about the completion of the improvements
indicated on the approved improvement plans or other appropriate purposes
in the interest of the public safety, health and welfare; or
b.
Require the developer or lender to pay to the City the balance of
the surety not theretofore released; or
c.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion of the improvements indicated on the approved
improvement plans after recalculation in order to allow for any inflated
or increased costs of constructing the improvements.
2.
The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), and including the payment of funds to the City due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section 405.090 without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, and no right to any extension shall exist or be assumed.
G.
Other
Remedies For Default. If the developer or surety fails to comply with
the City's requirements for payment as described above, or fails to
complete the improvements as required, or otherwise violates the deposit
agreement provisions, and there is a risk that development will continue
in the subdivision without the timely prior completion of improvements
or compliance with deposit agreement provisions, the City may in addition
or alternatively to other remedies:
1.
Suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Section 405.090(G), the "undeveloped portion of the subdivision" means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The City shall give the developer ten (10) days' written notice of an order under this Section 405.090(G) with copies to all sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the City shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the designated City Official:
a.
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF TWIN OAKS. NO DEVELOPMENT, CONSTRUCTION, BUILDING
OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF
THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF TWIN OAKS REMOVES
THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO CHAPTER 405, CITY OF TWIN OAKS MUNICIPAL CODE.
b.
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF TWIN OAKS. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL
SUCH TIME AS THE CITY OF TWIN OAKS REMOVES THIS PROHIBITION. ANY DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION
IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER
405, CITY OF TWIN OAKS MUNICIPAL CODE.
2.
The suspension shall be rescinded in whole or in part only when the
City is convinced that completion of the improvements is adequately
assured in all or an appropriate part of the subdivision; or
3.
Suspend the rights of the developer, or any related entity, to construct
structures in any development platted after the effective date of
such suspension throughout City and such incorporated areas as are
under City jurisdiction. The City shall give the developer ten (10)
days' written notice of an order under this clause, with a copy to
sureties known to the City to have obligations outstanding on behalf
of the developer or related entities, and shall record an affidavit
of such notice with the Recorder of Deeds. If, within the ten-day
period after notice is given, the City is not convinced by compelling
evidence that completion of the improvements is adequately assured
and maintenance of streets assured as provided herein, the City shall
order construction suspended. The order shall be served upon the developer,
with a copy to the surety as appropriate, and a copy recorded with
the Recorder of Deeds. The suspension shall be rescinded only when
the City is convinced that completion of the improvements is adequately
assured.
H.
Suspension Of Development Rights. From and after the effective date of this Chapter if a developer, or any related entity, has a subdivision development improvement guarantee that is in default, as determined by the City, including any escrow or bond under any prior enactment of this Section 405.090:
2.
The rights of the developer, or any related entity, to receive development
approval, which approval shall include, but not be limited to, approval
of any plat or deposit agreement for new or further development in
the City, shall be suspended. The suspension shall be rescinded only
when the City is convinced that completion of the improvements is
adequately assured.
I.
Additional Remedies. If any party fails to comply with any obligation of this Section 405.090, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by setoff of any funds or assets otherwise held by the City of the developer to the maximum extent permitted by law. Such setoff shall occur upon written notice of such event by the City to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 405, that the developer shall pay the City's costs, including reasonable attorneys' fees, of enforcing this Section 405.090 or any agreement thereunder in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section 405.090 by filing an appeal under the City's administrative review procedure.
J.
Related Entities. For purposes of this Section 405.090, "related entity" has the following meaning: a developer is a "related entity" of another person:
1.
If either has a principal or controlling interest in the other; or
2.
If any person, firm, corporation, association, partnership, or other
entity with a controlling interest in one has a principal or controlling
interest in the other. The identification of related entities shall
be supported by documentation from the Secretary of State's Office,
Jefferson City, Missouri.
A.
A final
plat shall conform to the preliminary plat approved by the Commission.
A final plat shall be submitted to the Board of Aldermen within one
(1) year after approval of the preliminary plat by the Commission.
The Board of Aldermen may, in its discretion, grant an extension of
time for submitting the final plat to the Board of Aldermen, up to
a maximum of six (6) months. More than one (1) extension of time may
be granted by the Board of Aldermen. Failure to submit the final plat
to the Board within the time prescribed herein shall void the approval
of the preliminary and/or final plat.
B.
The
final plat shall be shown on tracing cloth or plastic film and drawn
at a scale of not to exceed one (1) inch to one hundred (100) feet
on an exhibit approximately twenty-four (24) inches by thirty-six
(36) inches. In certain unusual instances where the subdivided area
is of unusual size or shape, the Commission may permit a variation
in the scale or size of the final plat. If more than two (2) sheets
are required, an index sheet of the same dimensions shall be filed
showing the entire subdivision on one (1) sheet together with all
areas shown on other sheets. The final plat shall be prepared and
sealed by a land surveyor registered in the State of Missouri.
C.
Information
required on the final plat shall include:
1.
North arrow, scale and date.
2.
Name of subdivision.
3.
The boundary lines of the area being subdivided with accurate distances
and bearing; also all sections, United States Survey and Congressional
Township lines and range lines; the boundary lines of incorporated
and unincorporated areas, sewers, school and other legally established
districts within or adjoining the subdivided areas.
4.
The lines of all proposed streets and alleys with their width and
names, as well as the designation that the streets and alleys are
private or public.
5.
The accurate outlines of any property which is offered for dedication
for public use and to whom.
6.
The line of departure of one street from another.
7.
The lines of all adjoining lands and the lines of adjacent streets
with their width and names.
8.
All lot lines and an identification system for all lots and blocks.
9.
Building lines and easements for right-of-way provided for public
use, services or utilities with figures showing their dimensions.
10.
All dimensions, both linear and angular, necessary for locating boundaries
of subdivision lots, streets, easements for building lines, and of
any other areas for public or private use. The linear dimensions are
to be expressed in feet and decimals of a foot.
11.
Radii, arcs and chords, points of tangency, central angles for all
curvilinear streets, and radii for all rounded corners.
12.
All survey monuments and benchmarks together with their descriptions
(must meet the minimum standards prescribed by the Missouri Board
of Architects, Professional Engineers and Land Surveyors and the Missouri
Department of Natural Resources).
13.
Area in square feet for each lot on the plat.
14.
All easements with figures showing their dimensions, unless designated
for other specific purposes, conveyed to the trustees of the proposed
subdivision, the utility or sewer companies for the purpose of constructing,
maintaining and repairing public utilities and sewer and drainage
facilities, with the right of temporary use of adjacent ground not
occupied by improvements for the excavation and storage of materials
during installation, repair or replacement of said utilities, sewer
drainage facilities or similar items.
15.
All private streets and common ground conveyed to trustees of the
proposed subdivision.
16.
Release by the deed of trust holders of the streets and other easements
from the deed of trust.
A.
City
Review. The Zoning Administrator or other designated official shall
receive the application and determine, within twenty-one (21) days,
whether it complies with all applicable submission requirements. If
the application is deficient, the applicant shall be notified and
granted an additional twenty-one (21) days to complete same. The Commission
shall be deemed to have received the application on the date of its
next regularly scheduled meeting following acceptance of the application
by the City as being in compliance with all submission requirements.
B.
Fifteen
(15) copies of the proposed final plat shall be submitted to the City
Clerk's office. The final plat shall be examined for approval by the
Commission and the Board of Aldermen as follows:
1.
Commission Review.
a.
Prior to the Commission reviewing the final plat, the following shall
occur:
(1)
Improvement plans and accompanying documents required by Section 405.070 hereof are approved by the Commission.
(2)
If the improvements were installed, the City Engineer has verified
that the improvements were installed as per approved improvement plans.
(3)
If the improvements have not been installed, the City Attorney has reviewed the improvement guarantee agreement for compliance with Section 405.090 and recommends approval of the improvement guarantee agreement to secure the proper, timely and complete installation of subdivision improvements.
(4)
The City Engineer recommends approval of the final plat.
b.
After the conditions outlined above have been met, the Commission
shall review the final plat for conformance with the minimum requirements
and standards of the City.
c.
The Commission shall recommend that the Board of Aldermen approve
or disapprove the plat within sixty (60) days after the submission
of the plat to the City.
d.
The Commission shall report to the Board of Aldermen its recommendation
for approval or disapproval. The grounds for any plat disapproval
shall be made a matter of record.
2.
Board Of Aldermen Review.
a.
A final plat shall be submitted to the Board of Aldermen within one
(1) year after approval of the preliminary plat by the Commission.
The Board of Aldermen may, in its discretion, grant an extension of
time for submitting the final plat to the Board of Aldermen, up to
a maximum of six (6) months. More than one (1) extension of time may
be granted by the Board of Aldermen. Failure to submit the final plat
to the Board of Aldermen within the time prescribed herein shall void
the approval of the preliminary and/or final plat.
b.
If the Commission does not approve the final plat, the Board of Aldermen
may approve such plat only by a two-thirds vote of the membership
of the Board of Aldermen.
c.
If the Board of Aldermen approves the final plat, the City's Seal
shall be affixed to the original tracing (Mylar) of the final plat.
Two (2) copies of the final plat shall be filed in the office of the
City Clerk after approval by the Board of Aldermen.
C.
Approved
Final Plat—Recording. Within sixty (60) days after approval
of the final plat by the Board of Aldermen, the subdivider shall record
the plat, as approved by the Board of Aldermen, in the office of the
Recorder of Deeds, St. Louis County, Missouri. Within ten (10) days
of such recording the subdivider shall provide the City with a certified
copy of the recorded plat. Failure to record and file the approved
final plat as provided herein shall void the approval of the plat.
D.
Building Permits. No building permits shall be issued until the subdivider shall have presented to the City Clerk's office a copy of the final plat and the indenture of restrictions, both of which having been approved by the City and which shall have imprinted thereon the stamp of the St. Louis County Recorder's office, a surety for the benefit of the City has been posted to guarantee installation and/or maintenance of improvements in accordance with Section 405.090 hereof, and either:
1.
All improvements have been installed as per City approved plans and the City, when applicable and providing improvements have been installed, has written verification from other authorities having jurisdiction within the City, that they approve and accept for maintenance said improvements, and an agreement with the City has been entered into to guarantee maintenance of all improvements in accordance with Section 405.090 hereof; or
E.
Failure To Comply. Should the subdivider fail to comply with Subsections (C) and (D) above, the subdivider shall be in violation of this Chapter 405, the City may revoke all permits in existence authorizing construction within said subdivision, and no new permits shall be issued until the subdivider complies with Subsections (C) and (D) above.
[R.O. 2016 § 405.060; R.O. 2011 § 405.060; Ord. No. 95-24 § 6, 8-30-1995; Ord. No. 24-03, 2-21-2024]
A.
No subdivision plat shall be approved by either the Planning and
Zoning Commission or by the Board of Aldermen unless the development
conforms to the following minimum standards and requirements:
1.
Relation To Adjoining Street System. The arrangement of streets
in new subdivisions shall make provisions for the proper location
and width of streets. The subdivider may be required to continue certain
existing or planned streets through or adjacent to 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.
Streets And Alley Widths.
a.
All major through streets shall have a fifty-foot right-of-way
in width with a minimum paved width of thirty (30) feet. The paved
width shall be measured from back to back of curbs and gutters.
b.
All minor streets shall have a forty-five-foot right-of-way
with a minimum paved width of twenty-six (26) feet. The paved width
shall be measured from back to back of curbs and gutters.
c.
Alleys should not be provided in residential districts. Alleys
will, however, be required in the rear of all business lots and shall
be at least twenty (20) feet wide.
d.
Where it is desirable to subdivide a tract of land, which because
of its size or location, does not permit a normal street arrangement,
there may be established one (1) or more places. Such a place may
be in the form of a court, a cul-de-sac, or other arrangement, except
that it shall not end in a dead-end street. All places or culs-de-sac
shall have a circle at the end with a minimum of a sixty-foot turning
radius.
e.
Adequate provision shall be made adjacent to commercial buildings
for public street parking areas in accordance with minimum standards
and requirements in conformity with other laws of the City of Twin
Oaks.
3.
Easements.
a.
Where alleys are not provided, easements of not less than ten
(10) 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.
b.
Whenever any creek, stream or important surface watercourse
is located in an area that is being subdivided, the subdivider shall,
at his/her own expense, make adequate provisions for straightening
or widening the channel so that it will properly carry the surface
water and shall stabilize and secure the creek banks so that the same
will be free from erosion, and the subdivider shall also provide and
dedicate to the City an adequate easement along each side of the watercourse,
which easement shall be for the purpose of widening, improving or
protecting the same and for recreational uses.
4.
Lots. The minimum area of any lot in a subdivision shall not
be less than the minimum lot area requirements of the zoning districts
in which the area is located.
5.
Building Lines. Building lines shall be shown on all lots intended
for residential use of any character, and on commercial lots immediately
adjoining residential areas. Such building lines shall not be less
than required by the Zoning Code of the City.
6.
Improvements. Before the final plat of any subdivided area shall be approved and recorded, the subdivider shall make and install the improvements as described in this Subsection after having submitted and received City approval of improvement plans in accordance with Section 405.070 of these Subdivision Regulations. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider will post a surety bond, letter of credit or cash escrow ("bond") and execute a deposit agreement, which will ensure the City that the improvements will be completed by the subdivider within one (1) year (or such other time set by the Board) after the final approval of the improvement plans. The amount of the bond shall not be less than one hundred ten percent (110%) of the engineer's estimated cost of improvements submitted by the developer with the improvement plans, and the amount of the cost estimate must be approved by the Board of Aldermen. 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 the same. The minimum improvements installed in any subdivision before the plat can be finally approved shall be in accordance with the following:
a.
The subdivider shall grade and improve all new streets within
the subdivision area. All such streets shall conform to the minimum
structural standards in the St. Louis County Design Criteria for the
Preparation of Improvement Plans and Standard Drawings (as amended),
hereinafter, the "St. Louis County Design Criteria." The paving on
all new streets shall be concrete. Curbs and gutters shall be of concrete
and conform to the minimum requirements and standards in St. Louis
County Design Criteria.
b.
The subdivider shall pay the cost of all labor, materials, and
incidental expense required for the installation of water mains and
fire hydrants in the subdivided area. Refund of monies for the installation
shall be made in accordance with the contract entered into with the
Missouri American Water Company to the subdivider by said water company.
Such installation of the water mains and fire hydrants aforesaid shall
be done by the Missouri American Water Company in accordance with
their standards and specifications as approved by the Board of Aldermen
of Twin Oaks. The water mains and hydrants, when installed, shall
become at once the property of the Missouri American Water Company,
and said company shall have exclusive control and use thereof, subject
to the right of the residents of the subdivided area to be connected
therewith, under the rules and regulations of the Missouri American
Water Company.
c.
The subdivider shall install sanitary sewers in conformance
with the minimum requirements and receive prior approval of the Metropolitan
St. Louis Sewer District and provide a connection with each lot. Before
the improvement is started, the plan therefor shall be approved by
the Board of Aldermen of Twin Oaks.
d.
The subdivider shall install storm sewers and related storm
water quality and control systems to provide drainage and treatment
of the development's stormwater in conformance with minimum requirements
and receive prior approval of the Metropolitan St. Louis Sewer District.
Before the improvement is started, the plan therefor shall be approved
by the Board of Aldermen of Twin Oaks.
7.
Street Names.
a.
Streets that are obviously in alignment with others already
existing and named shall bear the names of the existing streets. New
street names shall be approved by the Board of Aldermen.
b.
Before the final plan for the subdivision shall be approved,
the subdivider shall submit to the Board of Aldermen a statement from
the local Postmaster approving the name of the proposed streets and
of the proposed system of postal addresses along such streets.
8.
Sidewalks.
a.
Sidewalks are required on all sides of the streets in or abutting
the development.
b.
Minimum requirements for sidewalk construction:
(1)
Subject to Subsection (A)(8)(b)(3) below, sidewalks in residential subdivisions shall be constructed of concrete, a minimum of four (4) feet wide and four (4) inches thick, except in driveways where a minimum thickness of six (6) inch shall be required.
(2)
Subject to Subsection (A)(8)(b)(3) below, sidewalks in non-residential developments shall be constructed of concrete, four (4) feet wide and four (4) inches thick, unless a greater width is recommended by the City's engineering consultant and approved by the Board. Sidewalks through driveways shall be required to be a minimum of seven (7) inches in thickness.
(3)
All sidewalks shall conform to the minimum requirements of the
Americans with Disabilities Act.
(4)
Where sidewalks are located adjacent to a vertical curb within
a street intersection, wheelchair ramps will be required.
c.
A developer may petition the City to waive the requirement for sidewalks,
upon submittal of an alternate sidewalk or trail plan. The Planning
and Zoning Commission may recommend, and the Board of Aldermen may
grant, a waiver only where a petitioner has demonstrated that:
(1)
Sidewalks are not deemed necessary for the public safety or
where topographical or other conditions make sidewalk installation
and use impractical; or
(2)
The petitioner proposed alternate sidewalk or trail plan provides
for more efficient, direct, and safer movement of pedestrian traffic;
or
(3)
Because of non-economic conditions, the strict application of
the requirements contained in this Section would impose practical
difficulties and no alternate sidewalk, trail, or other pedestrian
plan is viable.
d.
When a developer proposes an alternate sidewalk or trail plan for
location within the public right-of-way, the City's engineering consultant
shall review the plan and provide the Planning and Zoning Commission
with recommendations based on conditions within the affected rights-of-way
and other relevant factors.
[R.O. 2016 § 405.070; R.O. 2011 § 405.070; Ord. No. 95-24 § 7, 8-30-1995]
Whenever the strict enforcement of these regulations would entail
unusual difficulties or hardships, the Planning and Zoning Commission
and Board of Aldermen of Twin Oaks may vary or modify them in such
a way that the subdivider be allowed to plan and develop the property
and record a plat of same; provided, however, that the public welfare
and interests of the City be fully protected and the general intent
and spirit of the regulations preserved.
[R.O. 2016 § 405.080; R.O. 2011 § 405.080; Ord. No. 95-24 § 8, 8-30-1995]
A.
No plat of any subdivision shall be entitled to be recorded in the
County Recorder's Office or have any validity until it shall have
been approved in the manner prescribed herein.
B.
The Board of Aldermen of the City of Twin Oaks 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 was platted after August 30, 1995, unless
such subdivision or street has been approved in accordance with the
provisions contained herein.
C.
Any person who deems himself/herself aggrieved by any final action
of the Board of Aldermen in refusing to approve a plan for the design
or development of new subdivisions, as herein provided for, may appeal
to the Circuit Court of St. Louis County, from such final order or
decision of the Board of Aldermen.
[R.O. 2016 § 405.090; R.O. 2011 § 405.090; Ord. No. 95-24 § 9, 8-30-1995]
Any owner violating the provisions of this Chapter is guilty of an ordinance violation and upon conviction thereof shall be punished as set forth in Section 100.220 of this Code.
