City of Weldon Spring, MO Article VII Requirements for Improvements, Reservations and Design

Section 410.520 General Improvements.

[Ord. No. 18-12, 12-11-2018]

A. Conformance To Applicable Rules And Regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules and regulations:

1. All applicable Statutory provisions.

2. The City Zoning Ordinance and all other applicable laws of the appropriate jurisdictions.

3. The City Comprehensive Plan, including all streets, parks, trails, water mains and sewer mains shown therein.

4. The special requirements of these regulations and any rules of the St. Charles County Health Department and/or appropriate State or sub-state agencies.

5. The rules of the Missouri Department of Transportation (MoDOT) if the subdivision, or any lot contained therein, abuts a State highway or connecting street.

6. The standards and regulations of St. Charles County including:

a. St. Charles County Standard Specifications for Highway Construction except as approved by the City of Weldon Spring for alternate street widths and alternate stormwater drainage systems that will not require curbs along all streets;

b. St. Charles County's "Design Criteria for the Preparation of Improvement Plans" except as approved by the City of Weldon Spring for alternate street widths and alternate stormwater drainage systems that may not require curbs along all streets;

c. The Metropolitan St. Louis Sewer District's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewage and Stormwater Drainage Facilities";

d. The Metropolitan St. Louis Sewer District's "Standard Construction Specifications for Sewers and Drainage Facilities."

7. The standards and regulations adopted by the City Engineer and all boards, commissions, agencies and officials of the City.

8. Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines and policies as well as the purposes of these regulations established in Section 410.030.

9. "Design Requirements for Sanitary Sewers" and "Design Requirements for Storm Drainage Facilities" per the current standards and regulations of the Metropolitan St. Louis Sewer District's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities" and "Standard Construction Specifications for Sewers and Drainage Facilities."

10. The Cottleville Fire Protection District.

11. The Francis Howell School District.

B. Adequate Public And Private Facilities. No preliminary plat for a major subdivision with lots less than five (5) acres shall be approved unless the Planning and Zoning Commission determines that public facilities will be adequate to support and service the area of the proposed subdivision. The applicant shall, at the request of the Planning and Zoning Commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities by possible uses of said subdivision. Public and private facilities and services to be examined for adequacy will, include, but are not limited to:

1. Water. All habitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection. The water supply system shall be sufficient in terms of quantity, dependability and quality to provide an appropriate supply of water for the type of subdivision proposed.

2. Wastewater. All habitable buildings and buildable lots shall be served by an approved means of wastewater collection and treatment. Septic tanks are not permitted on lots less than three (3) acres in size.

3. Stormwater Management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The City shall require the use of control methods such as stormwater quantity and quality management facilities and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.

4. Streets. Proposed streets shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation and shall be appropriate for the particular traffic characteristics of each proposed development. All public or private streets shall be constructed to St. Charles County Class A standards except as approved by the City of Weldon Spring for alternate street widths and alternate stormwater drainage systems that may not require curbs along all streets. If County standards are less restrictive than the requirements of this Chapter, the requirements of this Chapter shall prevail. The County maintenance of streets shall be verified by the City Engineer for any variation from standards from the St. Charles County Class A standards (see Section 410.540).

5. Extension Policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines, natural gas lines, telecommunications and fiber optic lines shall be constructed through new development to promote the logical extension of public infrastructure. The City may require the applicant of a subdivision to extend off-site improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.

6. Comprehensive Plan Consistency Required. Proposed public improvements shall conform to and be properly related to the City's Comprehensive Plan.

C. Self-Imposed Restrictions. If the applicant places restrictions on any of the land contained in the subdivision greater than those required by the Zoning Ordinance or these regulations, such restrictions or references to those restrictions may be required to be indicated on the subdivision plat or the Planning and Zoning Commission may require that restrictive covenants be recorded with the St. Charles County Recorder of Deeds in a form to be approved by the City Attorney.

D. Plats Straddling Municipal Boundaries. Whenever access to a subdivision must cross land in another City, the Planning and Zoning Commission may request assurance from the City Attorney that the access is legally established and from the City Engineer that access is adequately improved or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access street. In general, lot lines should be laid out so as not to cross municipal boundary lines.

E. Survey Monuments. Sufficient permanent and distinguished monuments shall be accurately placed throughout the subdivision so that street alignment may be traced with accuracy. Such monuments shall be in the form of iron pins or of something equal, not less than one-half (1/2) inch in diameter and eighteen (18) inches long driven into the earth or spikes not less than six (6) inches long driven into the pavement. The location of such monuments shall be indicated on the final plat and shall be placed in accordance with the following requirements:

1. Street Points. Monuments shall be set at the intersection of all streets and at the beginning and end of all curves along street centerlines.

2. Pavement Marks. Pavement shall be permanently marked at the beginning and end of all curves and at the prolongation of all lot side lines.

F. Character Of The Land. Land that the Planning and Zoning Commission finds unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility or pipeline easements or other features that will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate mitigation methods are formulated by the applicant and approved by the Planning and Zoning Commission, upon recommendation of the City Engineer, to solve the problems created by the unsuitable land conditions.

G. Subdivision Name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. Subdivision names shall be approved by the St. Charles County Planning Department.

H. Subdivision Entrance Monument. Subdivision entrance monuments shall be located within a subdivision entrance monument easement or on common ground. They shall be constructed to avoid interference with a motorist's line of sight. A land use permit is required before construction.

Section 410.530 Lot Improvements.

[Ord. No. 18-12, 12-11-2018]

A. Lot Arrangement. The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with the Zoning Ordinance and health regulations and in providing driveway access to buildings on the lots from an approved street.

B. Lot Dimensions. Lot dimensions shall comply with the minimum standards of the Zoning Ordinance. When lots are more than double the minimum required area for the zoning district, the Planning and Zoning Commission may require the lots be arranged so as to allow further subdivision and the construction of future streets where necessary to serve potential lots, all in compliance with the Zoning Ordinance and these regulations. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for the erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties designated for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development proposed as established in the Zoning Ordinance.

C. Lot Orientation. The lot line common to the street right-of-way shall be the front lot line. All lots shall face the front lot line and a similar lot line across the street. Wherever feasible, lots shall be arranged so that the rear lot line does not abut the side lot line of an adjacent lot.

D. Double Frontage Lots And Access To Lots.

1. Double Frontage Lots. Double frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome special disadvantages of topography and orientation.

2. Access From Principal And Minor Arterials. In general, lots shall not derive access exclusively from a principal or minor arterial street. Where driveway access from a principal or minor arterial street may be necessary for several adjoining lots, the Planning and Zoning Commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Lots shall be designed and arranged so that driveways constructed will not require vehicles to back into traffic on principal and minor arterial streets.

E. Soil Preservation, Grading And Seeding.

1. Soil Preservation And Final Grading. Occupancy of a structure on any parcel or plat of land created by subdivision shall not occur until final grading has been completed in accordance with the approved final plat and the lot is covered with soil with a minimum depth of at least six (6) inches. The soil shall contain no particles more than two (2) inches in diameter over the entire area of the lot, except for portions of the lot covered by buildings, streets, where the grade has not been changed and/or where natural vegetation has been seriously damaged. It is recommended that nutrient rich topsoil not be removed from any residential site or used as backfill on the site but that it be preserved for use on the site. A six (6) inch layer of soil shall be provided on each lot to facilitate the adequate growth of vegetation.

2. Yard Sodding And Seeding. Front and side yards on lots less than three (3) acres shall be sodded. Rear yards on lots less than three (3) acres shall be sodded or seeded. Residential lots shall provide sod on all steep slopes of three (3) to one (1) or greater pitch. Except, however, that sod shall not be required for areas of the site which have a slope exceeding a three (3) to one (1) pitch prior to site development and which will remain in an undisturbed natural state. Sod shall be required on all stormwater runoff areas. Within six (6) months of the date of final inspection, sodding and/or seeding must be completed.

3. Erosion Control. Erosion control on the site shall be maintained until lawns are established as well as during periods when sodding or seeding cannot be accomplished as permitted by these regulations.

4. Lot Drainage. Lots shall be laid out to provide positive drainage away from all buildings and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed to avoid more than four (4) cubic feet per second of stormwater discharge in an open drainage swale.

F. Debris And Waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, left or deposited on any lot or street at the time of occupancy of a structure on any parcel or plat of land created by subdivision and removal of those items and materials shall be required prior to occupancy of said structure. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.

G. Waterbodies And Watercourses. If a tract being subdivided contains a waterbody or portion thereof, lot lines shall be so drawn as to distribute ownership of the waterbody among the adjacent lots or the ownership of and responsibility for safe maintenance of the waterbody shall be placed with the homeowners so that it will not become a City responsibility. No part of the minimum area of a lot required under the Zoning Ordinance may be satisfied by land that is underwater. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, the design of which shall be approved by the City Engineer.

H. Cash Escrow Required To Guarantee Lot Improvements.

1. General. The applicant for any land use permit (see Section 405.400 of the Zoning Regulations for more information regarding land use permits) shall be required to pay for the permit and also to deposit a cash escrow to guarantee completion of all lot improvement requirements, including, but not limited to: soil preservation; final grading; yard sodding and/or seeding; lot drainage; sidewalks; walls; landscaping; trails; fencing; removal of debris and waste; as well as for maintaining mud, material and debris-free streets; and all other lot improvements required by these regulations.

2. Determining Escrow Amount. The required escrow amount is based on the estimated construction cost and can be determined by referencing the "Weldon Spring Fee Schedule," copies of which are available at City Hall and on the City's website (www.weldonspring.org). A separate check shall be made payable to the City of Weldon Spring. The amount shall not be included with the land use permit fee. The escrow deposit will be placed in a non-interest bearing account.

3. Enforcement. If necessary, the escrow deposit shall be drawn upon and used to enforce the requirements of the subdivision improvement agreement. Whether or not occupancy of a structure on any parcel or plat of land created by subdivision has occurred, the City may enforce the provisions of the subdivision improvement agreement where the provisions of this Section or any other applicable law, ordinance or regulations have not been met.

4. Escrow Release. All improvements completed under this Chapter require a final inspection prior to the escrow deposit being returned to the applicant. Failure to comply with any requirement of the subdivision improvement agreement shall result in forfeit of the applicant's escrow to the City.

Section 410.540 Streets.

[Ord. No. 18-12, 12-11-2018]

A. General Requirements.

1. Frontage On Improved Streets. No subdivision shall be approved unless the area to be subdivided has frontage on and access from an existing street, unless such street is:

a. An existing State or County highway;

b. A street shown upon a plat approved by the Board of Aldermen and recorded in the office of the St. Charles County Recorder of Deeds. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications or orders or be secured by a performance bond required under these Subdivision Regulations, with the width and right-of-way required by these Subdivision Regulations or the Comprehensive Plan; or

c. When the area to be subdivided is to utilize existing street frontage, the street shall be suitably improved as provided above.

2. Grading And Construction Plan. Streets shall be graded and improved and shall conform to the City and County construction standards and specifications. All street design and specifications shall be approved by the City Engineer in accordance with the construction plans that must be submitted prior to final plat approval.

3. Mud, Material And Debris On Streets. No land disturbing construction or other associated activities are permitted that cause mud, gravel, building materials or any other debris to be deposited on to City streets. Trucks and other construction equipment should be cleaned on site to prevent mud from being deposited on public streets.

If mud, material or debris is deposited on any public or private City street, the developer or builder will be notified and shall abate the violation within four (4) hours of notification. Notification will be made by personal contact, telephone or the site will be posted. The notification will include the time notified and deadline for abating the violation. If the violation is not abated within four (4) hours, a stop work order shall be posted and the City will cause the violation to be abated at the property owner's expense.

4. Classification. All streets shall be classified as arterials, major collectors, minor collectors, minor streets, minor stubs, cul-de-sacs or alleys/service drives in keeping with the Unified Development Ordinance for St. Charles County, Missouri.

5. Topography And Arrangement.

a. Streets shall be related appropriately to topography. Local streets shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many building sites as possible at or above the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.

b. All streets shall be properly integrated with the existing and proposed system of thoroughfares as established in the City's Comprehensive Plan and the minimum dedicated rights-of-way established in this Chapter.

c. All thoroughfares shall be properly related to special traffic generators, such as industries, business districts, schools, churches and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

d. Local streets shall be laid out to conform as much as possible to the topography, to permit efficient drainage and utility systems and to require the minimum number of streets necessary to provide convenient and safe access to property.

e. The rigid rectangular gridiron street pattern is not recommended for residential areas. The use of curvilinear streets, cul-de-sacs or U-shaped streets shall be encouraged.

f. Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions or unless in the opinion of the Planning and Zoning Commission or the Board of Aldermen such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts of land.

g. In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities and the provision of truck loading and maneuvering areas and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

6. Blocks.

a. Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways.

b. The lengths, widths and shapes of blocks shall be appropriate for the locality and the type of development proposed. Block lengths in residential areas with lots sizes of one (1) acre or greater shall not exceed two thousand two hundred (2,200) feet or twelve (12) times the minimum lot width required in the zoning district or be less than five hundred (500) feet in length. Block lengths in residential areas with lot sizes less than one (1) acre, for multiplexes, duplexes, villas and for commercial and industrial areas, shall not exceed one thousand three hundred twenty (1,320) feet or be less than five hundred (500) feet in length, except for commercial and industrial areas where there is no block length minimum. Wherever practicable, blocks along major arterials and collector streets shall be not less than one thousand (1,000) feet in length.

c. In long blocks, the City may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic.

d. Pedestrianways or crosswalks, not less than ten (10) feet wide, may be required by the City through the center of blocks more than eight hundred (800) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. Blocks designed for industrial uses shall be a length and width determined suitable for prospective users by the Planning and Zoning Commission.

7. Access To Principal Arterials. Where a subdivision borders on or contains an existing or proposed principal arterial, the City may require that access to such streets be limited by one (1) of the following means:

a. Lots shall back the principal arterial and front a parallel local street; no access shall be provided from the principal arterial; and screening shall be provided in a strip of land along the rear property line of such lots.

b. A series of cul-de-sacs, U-shaped streets or short loop streets entered from and designed generally at right angles to a parallel street (as described in Subsection (A)(7)(a) above) with the rear lines of their terminal lots backing the principal arterial.

c. A marginal access or service road separated from the principal arterial by a planting or grass strip and having access at suitable points.

8. Street Names. Street names shall be sufficiently different in sound and spelling from other street names in the City so as not to cause confusion. A street that is (or is planned as) a continuation of an existing street shall bear the same name. The applicant shall consult with the St. Charles County Planning Department on proposed street names and receive their written approval prior to review of the final plat by the Planning and Zoning Commission.

9. Street Regulatory Signs. The applicant shall install all street signs before issuance of land use permits for any building on the approved streets. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which must be in compliance with the City's sign ordinance and approved by the City Engineer.

10. Reserve Strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to the street.

11. Construction Of Streets And Dead-End Streets.

a. The arrangement of new streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for convenient movement of traffic, effective fire protection, for efficient provision of utilities and where the continuation is in accordance with the City thoroughfare plan.

b. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way shall be extended to the property line. All cul-de-sac and stub streets shall have a minimum turnaround pavement radius of forty (40) feet and a minimum right-of-way radius of fifty-two (52) feet. In subdivisions with no through streets, a fifty-five (55) foot pavement radius and a sixty-seven (67) foot right-of-way radius will be required on at least on (1) cul-de-sac in order to facilitate school bus circulation. For subdivisions in which the only street is a cul-de-sac, the fifty-five (55) foot pavement radius and sixty-seven (67) foot right-of-way radius shall only be required if the cul-de-sac exceeds one thousand three hundred (1,300) feet in length. For public streets, an island with a twenty-nine (29) foot radius common ground is required in the cul-de-sacs with a radii of fifty-five (55) feet. Turnarounds shall not be provided on stub streets which are less than two hundred fifty (250) feet in length and are planned to be extended in the future, but will require hazard markers consisting of three (3) standard specification end-of-roadway markers, as set forth in the current "Manual on Uniform Traffic Control Devices" (M.U.T.C.D.), being installed at the terminus of pavement. All stub streets in excess of two hundred fifty (250) feet in length must provide a temporary turnaround with hazard markers consisting of three (3) standard specification end-of-roadway markers, as set forth in the current M.U.T.C.D., being installed at the terminus of pavement. Any street terminus with a grade slope in excess of three (3) to one (1) will require the installation of a reflectorized guardrail or other approved safety barrier.

c. Circular temporary turnarounds are required unless a T-shaped alternate is approved by the Planning and Zoning Commission. T-shaped paved spaces for temporary turnarounds must be approved by the City Engineer and will be considered only if an extreme hardship can be demonstrated. If approved, they shall be at least ten (10) feet wide with a twenty (20) foot radius at the pavement curb. All temporary turnarounds shall be constructed when the permanent streets are constructed.

d. It shall be the responsibility of the developer who connects to any street consisting of a temporary turnaround to remove the temporary turnaround, to restore any disturbed yard and to install and/or extend any necessary sidewalks.

e. Where a street does not extend beyond the boundary of the subdivision and its continuation is not required by the Planning and Zoning Commission for access to adjoining property, its terminus shall be to such boundary of the subdivision. The Planning and Zoning Commission may require reservation of any appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities.

B. Design Standards.

1. General. In order to provide for streets of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment and to coordinate streets so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for streets are hereby required.

2. Street Surfacing And Improvements. After sewer and water utilities have been installed by the developer, the developer shall construct curbs and gutters and shall surface roadways to the widths prescribed in these regulations. All surfacing shall be of a character that is suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. Pavement shall be Portland cement concrete or asphalt. Adequate provision shall be made for culverts, drains and bridges. All street pavement, shoulders, drainage improvements and structures, curbs, turnarounds and sidewalks shall conform to St. Charles County Class A standards and all construction standards and specifications adopted by the City Engineer or Board of Aldermen and shall be incorporated into the construction plans required for plat approval.

3. Excess Right-Of-Way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever, due to topography, additional width is necessary to provide adequate earth slopes. Such slopes shall not be in excess of three (3) to one (1).

4. Limited Access Highways. In residential districts, a buffer strip at least twenty-five (25) feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the limited access highway. This strip shall be part of the platted lot and shall be designated on the plat: "This strip is reserved for screening. The placement of structures on this land is prohibited except for sound barriers."

5. Intersections.

a. Streets shall be laid out to intersect at right angles or as close as possible to a right angle. Proposed street intersections with angles less than seventy degrees (70°) shall not be accepted. An oblique street should be curved when approaching an intersection and should be at a right angle, approximately, for at least one hundred (100) feet. No more than two (2) streets shall intersect at any one (1) point unless specifically approved by the Board of Aldermen.

b. Proposed new intersections along one (1) side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet are prohibited. Where streets intersect major streets, their alignment shall be continuous. Intersections of major streets shall be at least eight hundred (800) feet apart.

c. Minimum curb radius at the intersection of two (2) local streets shall be at least thirty-two (32) feet. Greater radii and channelization may be required at an intersection with an arterial or collector street to provide access for vehicles having large turning radius requirements.

d. Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a four percent (4%) rate at a distance of sixty (60) feet, measured from the nearest right-of-way line of the intersecting street.

e. Where any street intersection will involve earth banks or existing vegetation inside a lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

f. The cross-slopes on all streets, including intersections, shall be two percent (2%) or less.

g. Streets that are subject to flooding or frequent inundation will not be approved.

h. The City Engineer may require traffic studies when deemed necessary and may require a street to be dedicated to public use and built to public street standards in order to provide circulation.

6. Grades. Public streets shall be graded to the width required for street, sidewalk and utility construction. The grades of streets shall not exceed the following requirements:

a. Arterial Streets. Two percent (2%) minimum, six percent (6%) maximum.

b. Collector Streets. Two percent (2%) minimum, six percent (6%) maximum; six percent (6%) to eight percent (8%) with special approval from the City Engineer.

c. Minor Public Streets. Two percent (2%) minimum, eight percent (8%) maximum; eight percent (8%) to ten percent (10%) with special approval from the City Engineer; street grades between six percent (6%) and ten percent (10%) may require pavement lugs.

d. Minor Private Streets, Alleys/Service Drives. Two percent (2%) minimum, twelve percent (12%) maximum; private minor streets with no curb and gutter shall have a minimum grade of one percent (1%).

7. Street Construction Material And Thickness. Public street pavement shall be fully constructed of a material based on the classification of the street.

a. Local streets shall be constructed of one (1) of the following:

(1) Seven and one-half (7 1/2) inches of asphaltic concrete on four (4) inches of aggregate on properly compacted subgrade, or

(2) Six (6) inches of Portland cement concrete on four (4) inches of aggregate on properly compacted subgrade.

b. Collector streets shall be constructed of one (1) of the following:

(1) Nine and one-half (9 1/2) inches of asphaltic concrete on four (4) inches of aggregate on properly compacted subgrade, or

(2) Seven (7) inches of Portland cement concrete on four (4) inches of aggregate on properly compacted subgrade.

c. Temporary pavements shall be constructed of one (1) of the following:

(1) Seven (7) inches of Type "X" asphaltic concrete on properly compacted subgrade, or

(2) Four (4) inches of Type "C" asphaltic concrete on seven (7) inches of compacted, rolled stone base.

d. Subgrade and aggregate base course shall be compacted to ninety percent (90%) of maximum density, as determined by the Modified AASHTO T-180 Compaction Test (ASTM D-1557), in accordance with the "St. Charles County Class A Standard Specifications."

e. For any development fronting an existing street, it shall be the responsibility of the developer to improve the street in conformance with City specifications to the centerline of the street, plus an additional twelve (12) feet of width as per City specifications. On all other subdivisions where an existing street is not improved, driveway access must be from interior streets.

f. All streets designated as private streets shall be constructed to public street standards, except as specifically allowed by this Chapter.

g. Speed bumps shall not be permitted on any City street, whether publicly or privately maintained.

8. Right-Of-Way And Pavement Minimum Widths.

a. Arterial Streets. Eighty (80) feet wide right-of-way, pavement width requires a traffic study.

b. Collector Streets. Sixty (60) feet wide right-of-way, major collector pavement width shall be twenty-four (24) to thirty-eight (38) feet wide, minor collector pavement width shall be twenty-four (24) to thirty-two (32) feet wide. Pavement width less than thirty-two (32) feet may be required to provide addition width of eight (8) feet along sections of the street fronting homes, parks or businesses for parking cars. Ground stabilization material along the side of street pavement to prevent rutting for parking cars is permitted if approved by the City Engineer.

c. Minor Streets And Culs-De-Sac. Fifty (50) feet wide right-of-way, pavement width twenty-six (26) to sixteen (16) feet wide. All cul-de-sac streets have a minimum turnaround pavement radius of forty (40) feet and a minimum right-of-way radius of fifty-two (52) feet. In subdivisions with no through streets, a fifty-five (55) foot pavement radius and a sixty-seven (67) foot right-of-way radius will be required on at least one (1) cul-de-sac in order to facilitate school bus circulation. An island with a twenty-nine (29) foot radius common ground is recommended in the fifty-five (55) foot radius cul-de-sac. Pavement width less than twenty-six (26) feet may be required to provide addition width of eight (8) feet along sections of the street fronting homes, parks or businesses for parking cars. Ground stabilization material along the side of street pavement to prevent rutting for parking cars is permitted if approved by the City Engineer.

d. Alleys/Service Drives. Pavement width twelve (12) feet for one-way and twenty (20) feet.

9. Determining Widths And Type Of New Roadways. When generated traffic reaches a point where it cannot adequately be handled by a minor street, the following general guidelines found in Table 1 below shall be used in determining the pavement width of the street necessary for handling the average daily traffic (ADT).

Table 1 Guidelines for Determining Pavement Width
Type	Pavement Width	ADT
Minor collector	24 to 32 feet	2,000
Major collector	24 to 38 feet	3,500
Arterial	Traffic Study	5,000

The Planning and Zoning Commission, Board of Aldermen or City Engineer may require that the applicant submit a traffic study to determine the appropriate pavement width. Roadways constructed to Federal requirements may require additional width. The ADT is approximate and the above criteria are intended as general guidelines only. The actual need and width of collector or arterial type streets will be investigated for each development. Traffic volumes for residential and multi-family developments will generally be based on the number of trips generated per unit. A detailed traffic study will normally be required for commercial and industrial developments as requested by the Planning and Zoning Commission, Board of Aldermen or City Engineer.

The need for and location of collector and arterial streets will be determined on the basis of traffic generated by the surrounding developments as well as the development itself. Consideration will also be given to the spacing and continuity of collector and arterial streets. New roadways will be required in accordance with the City of Weldon Spring Comprehensive Plan.

10. Miscellaneous Street Requirements.

a. The minimum centerline radius is three hundred seventy-five (375) feet for collector streets and one hundred fifty (150) feet for local streets. Alternate minimum centerline radius of one hundred sixty-five (165) feet for collector streets and one hundred (100) feet for local streets may be permitted if approved by the City Engineer.

b. Pavement lug design, if required by the City Engineer, shall meet the requirements set forth in St. Louis County's "Design Criteria for the Preparation of Improvement Plans."

c. One and one-half (1 1/2) inch expansion joints will be required for all pavement as directed in the St. Charles County Highway Department's detail entitled "Type "A" Modified Expansion Joint."

d. A one-half (1/2) inch asphalt expansion joint will be required at all driveways where they abut the street pavement and at all garage slabs where they abut the driveway as directed in the St. Charles County Highway Department's detail entitled "Integral Curb Detail "B" at Driveways."

C. Street Dedications And Reservations.

1. New Perimeter Streets. Street systems in new subdivisions shall be laid out to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the applicant. The City may authorize a new perimeter street if the applicant improves and dedicates the entire required street right-of-way width within the subdivision boundaries.

2. Widening And Realignment Of Existing Streets. When a subdivision borders an existing narrow street or when the Comprehensive Plan indicates plans for realignment or widening of a street that would require the use of land in a subdivision, the applicant shall be required to improve and dedicate, at their expense, those areas required for the widening and/or realignment of the street. Frontage streets as described above shall be improved and dedicated by the applicant at their own expense to the full width as required by these Subdivision Regulations when the applicant's development activities contribute to the need for the street expansion. Land reserved or dedicated for any street purposes may not be counted in satisfying yard or area requirements of the Zoning Ordinance.

Section 410.550 Driveways And Parking Pads — Required Improvements.

[Ord. No. 18-12, 12-11-2018]

A. Paved driveways and parking pads shall be constructed of one (1) of the following:

1. Four (4) inches of asphaltic concrete on four (4) inches of aggregate on properly compacted subgrade, or

2. Four (4) inches of Portland cement concrete on four (4) inches of aggregate on properly compacted subgrade, or

3. Paver stones on properly compacted subgrade, or

4. Any other, suitable paving material approved by the Architectural Review Committee.

B. The driveway approach inside the right-of-way shall meet pavement standards of the street it connects to.

C. The entire driveway shall be set back at least four (4) feet from the side lot line. Any driveway located within ten (10) feet of a driveway on an adjoining lot shall be at an elevation not exceeding one (1) foot in vertical rise for every three (3) feet of horizontal distance from the adjacent driveway.

D. Gravel driveways, which are permitted for all driveways in the "AG" Agricultural District and for driveways that exceed two hundred (200) feet in length in the "RS-3" Single-Family Residential District, shall have a paved apron of at least ten (10) feet or shall be paved in the right-of-way, whichever is longer. The apron shall meet the standards for paved driveways listed in Subsection (A)(1) above.

E. Driveways, whether paved or gravel, shall have a minimum width of ten (10) feet for single lane driveways and twenty (20) feet wide for double lane driveways.

Section 410.560 Access Easements.

[Ord. No. 18-12, 12-11-2018]

A. General Requirements. An access easement shall be permitted in lieu of a street for minor residential subdivisions (the platting of no more than two (2) lots) only, except in planned districts. In planned districts access easements may be permitted to reduce the amount of impermeable pavement that would be required for right-of-way frontage for each building lot. Planned district access easements shall be maintained by an ownership or homeowners' association with recorded covenants to determine the method of fee collection and maintenance responsibility of the association. The maintenance covenants shall be submitted for review as part of the planned district Area Plan approval and recorded prior to issuance of a land use permit for a lot providing entry and exit by the access easement.

B. Required Improvements.

1. Access easements shall be a minimum of fifty (50) wide or the width approved by the Board of Aldermen on the planned district Area Plan.

2. Driveways in access easements shall be paved or graveled as required by Section 410.550 of these regulations.

Section 410.570 Sidewalks.

[Ord. No. 18-12, 12-11-2018]

A. Required Improvements.

1. Four-foot wide sidewalks shall be included on both sides of all collector streets and one (1) side of minor and cul-de-sac streets within the dedicated non-pavement right-of-way of all streets, unless exempted by the Board of Aldermen if the applicant can show current sidewalks or trails provide for pedestrian needs or an alternate sidewalk or trail system is proposed for pedestrian needs.

2. Sidewalks shall be improved to a thickness of four (4) inches of Portland cement on four (4) inches of aggregate on properly compacted subgrade. A median strip of grassed or landscaped areas at least four (4) feet wide shall separate all sidewalks from adjacent streets.

3. Where a sidewalk crosses a driveway, the sidewalk shall be to the driveway thickness.

B. Pedestrian Access Trails. The City may require, in order to facilitate pedestrian access from the streets to schools, parks, playgrounds or other nearby streets, perpetual unobstructed easements at least twenty (20) feet in width. Easements shall be indicated on the plat. An appropriate paved area/trail may be required within the easement area at the discretion of the Planning and Zoning Commission or the Board of Aldermen. Said paved areas/trails shall be a minimum of eight (8) feet wide and shall be constructed of the same materials and to the same thickness as sidewalks as described in Section 410.570. Alternatively pedestrian access trails may be constructed of five (5) inches of hot-mix asphalt over four (4) inches of compacted aggregate on properly compacted subgrade.

Section 410.580 Gates — General Requirements.

[Ord. No. 18-12, 12-11-2018]

A. Gates shall not be permitted on publicly maintained streets.

B. Gates are permitted on privately maintained streets but shall remain open from dawn until dusk, unless there is an alternate access route that remains open during that time.

Section 410.590 Drainage And Storm Sewers.

[Ord. No. 18-12, 12-11-2018]

A. General Requirements. The Planning and Zoning Commission shall not recommend approval of any subdivision plat that does not make adequate provision for storm and floodwater runoff channels and/or basins. All provisions shall meet or exceed the requirements of Section 410.520(A)(9). The stormwater drainage system shall be separate and independent of any wastewater sewer system. Stormwater sewers, where required, shall be designed by the Rational Method to specifications of the Metropolitan St. Louis Sewer District. A copy of design computations shall be submitted along with the construction plans to the City Engineer. Design computations shall show that surface water greater than one (1) cubic foot per second is not carried across an intersection. Open drainage swales along paved roads shall be designed where possible. The design calculations shall show the location of storm sewer inlets and storm sewers along swales where the quantity and/or velocity of stormwater would be erosive for the site soil conditions. Curbs along roadways will be limited to areas necessary for traffic control such as intersections or where open ditches will not be possible due to site conditions. When calculations indicate that curb capacities are exceeded at a point, no further allowance shall be made for flow beyond that point and curb openings to open drainage swales or curb inlets to storm sewers shall be used to intercept flow at that point. Surface water drainage patterns shall be shown for each and every lot and block.

B. Stormwater Facilities — Location. The applicant may be required by the City to carry away by pipe or open ditch any spring or surface water that may exist either previously, to or as a result of, the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width and shall be constructed in accordance with the City's construction standards and specifications. In conservation subdivision developments, such swales and drainage facilities may be located in greenway areas. When drainage facilities are located in greenways, they are subject to favorable recommendation by Planning and Zoning Commission and approval by the Board of Aldermen and must be adequately provided for in the maintenance agreement for such greenway lands presented to the City and agreed to by the homeowners' association as well as the grantee of any conservation easement.

1. Accessibility To Public Storm Sewers.

a. Where a public storm sewer is accessible, the applicant shall install stormwater quantity and quality management facilities prior to connection of the existing storm sewer facilities or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of stormwaters to provide stormwater quantity and quality management, subject to the specifications of the City Engineer. Inspection of stormwater facilities shall be conducted by the City Engineer. All stormwater quantity and quality management facilities will be maintained by the lot owner, if within a lot, or the homeowners' association if on common ground, easements or public right-of-way; and the developer will sign an agreement with the City that clearly defines the party responsible for the maintenance of such stormwater facility. Said agreement shall be part of a development agreement with the City.

b. If a connection to a public storm sewer will be provided eventually as determined by the City, the applicant shall make arrangements for future stormwater disposal by a public utility system at the time the plat receives final approval. Provision for such connection shall be included in the subdivision improvements agreement required for the subdivision plat.

2. Accommodation Of Upstream Drainage Areas. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The applicant's engineer shall determine the necessary size of the facility based on the provisions of the construction standards and specifications, assuming conditions of maximum potential watershed development permitted by the City's Comprehensive Plan or Zoning Ordinance.

3. Effect On Downstream Drainage Areas. The applicant's engineer shall also study the effect of the subdivision on existing downstream drainage facilities outside the area of the subdivision. City drainage studies, together with other appropriate studies, shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the Board of Aldermen may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

4. Areas Of Poor Drainage. Whenever a plat is submitted for an area that is subject to flooding, the City may approve such subdivision provided that the applicant fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of twelve (12) inches above the elevation of the 100-year floodplain as determined by the City Engineer. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone and no structure shall be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the City Engineer.

5. Floodplain Areas. The Board of Aldermen may, when it deems it necessary for the health, safety or general welfare of the present and future population of the area and necessary to the conservation of water, drainage and wastewater facilities, prohibit the subdivision of any portion of the property that lies within the 100-year floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps, except at the discretion of the Board of Aldermen.

6. General Performance Criteria For Stormwater Management. Stormwater management shall be provided in accordance with the Metropolitan St. Louis Sewer District's "Rules and Regulations and Engineering Design Requirements for Sanitary Sewer and Stormwater Drainage Facilities." Such criteria shall, include, but is not limited to, water quality volume, channel protection storage volume and flood protection volume.

C. Dedication Of Drainage Easements.

1. General Requirements. When a subdivision is traversed by a watercourse, drainageway, channel or stream, a stormwater easement or drainage right-of-way shall be provided. The stormwater easement or drainage right-of-way shall conform substantially to the lines of such watercourse and shall be of adequate width and construction as determined by the City Engineer. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

2. Drainage Easements.

a. Where topography or other conditions make the inclusion of drainage facilities within street rights-of-way impractical, perpetual, unobstructed easements at least fifteen (15) feet in width shall be provided across private property, outside the street lines and with satisfactory access to the street in order to accommodate drainage facilities. Easements shall be indicated on the plat. Drainage easements shall extend from the street to a natural watercourse or to other drainage facilities. The applicant shall demonstrate to the City Engineer that the purposed drainageway will not be erosive.

b. The applicant shall dedicate common ground along a natural watercourse which shall be left in its natural state. The common ground shall be a minimum of sixty (60) feet wide for drainage areas that are less than one (1) square mile and a minimum of one hundred (100) feet wide for drainage areas that are more than one (1) square mile. However, in no event, may the distance from the top of the bank of any waterway to the limit of the common ground be less than twenty-five (25) feet in order to maintain appropriate room for future bank movement. The natural watercourse shall remain undisturbed during construction except for temporary crossings for roads and utilities. The remaining common ground shall be allowed to grow into the natural state with native plantings after any cut and fill earthwork for the site grading is completed.

c. Low-lying lands along watercourses subject to flooding or overflowing during storm periods that are shown as 100-year floodplain on the Federal Insurance Administration's Flood Insurance Study illustrative material shall not be filled without providing compensatory storage within the 100-year floodplain for the volume of fill and also providing hydraulic design to prove such fill does not cause an increase in the downstream channel velocity. All required Federal Emergency Management Agency (FEMA) approvals shall be obtained prior to any fill being placed within the 100-year floodplain. FEMA required letters of map revision (LOMR) or letter of map amendment (LOMA) shall be obtained as necessary to prove compliance with the regulations of the City of Weldon Spring Flood Damage Prevention Code. All fill or cut areas within the regulated 100-year floodplain area, whether or not included in areas for dedication or designation as common ground, shall be preserved and retained in their natural state as drainage ways or restored to grow into the natural state with native plantings after any cut and fill earthwork. Such land or lands subject to periodic flooding shall not be computed in determining the number of lots to be utilized for cluster development computations or for computing the area requirement of any lot.

Section 410.600 Water Facilities.

[Ord. No. 18-12, 12-11-2018]

A. General Requirements.

1. When a public water main is not accessible, the applicant shall take necessary action to extend existing water mains and provide a water supply system that is capable of providing water for domestic use and fire protection. Individual water systems (wells) shall not be allowed on subdivision lots less than five (5) acres in area approved after the approval date of this Chapter.

2. When a public water main is accessible, the applicant shall install adequate water facilities (including fire hydrants) subject to the specifications of the City Engineer and/or water district. All water mains shall be at least six (6) inches in diameter.

3. Water main extensions shall be approved by the City Engineer.

4. The location of all fire hydrants and all water supply improvements shall be shown on the preliminary plat. The installation cost of said improvements shall be borne by the applicant and included in the subdivision improvement agreement. Security shall be furnished by the applicant.

B. Fire Hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrant locations and spacing shall be approved by the Cottleville Fire Protection District. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on the subdivision plat. Enforcement of fire flow regulations shall remain the responsibility of the fire district.

Section 410.610 Sewerage Facilities.

[Ord. No. 18-12, 12-11-2018]

A. General Requirements. The applicant shall install wastewater sewer facilities in a manner prescribed by the City Engineer and the Missouri Department of Natural Resources. All plans shall be designed and approved in accordance with the rules, regulations and requirements of the City Engineer and the Missouri Department of Natural Resources. Necessary action shall be taken by the applicant to provide sanitary sewage treatment in accordance with the regulations and requirements of the City Engineer and the Missouri Department of Natural Resources.

B. Mandatory Connection To Public Sewer System. If a public wastewater sewer is within two hundred (200) feet of a property, the owner of the property shall be required to connect to the sewer for the purpose of disposing of waste. It is unlawful for any such owner or occupant to maintain an individual sewage disposal system upon any such property.

C. Design Criteria For Wastewater Sewers. All wastewater sewers shall be designed and installed based on the regulations and requirements of the City Engineer and the Missouri Department of Natural Resources.

Section 410.620 Utilities.

[Ord. No. 18-12, 12-11-2018]

A. Location. All utility facilities, including, but not limited to, natural gas, electric power, telephone and cable television, except those exempted by Section 410.620(B), shall be located underground throughout the subdivision. Whenever existing utility facilities are located above ground, except when existing on public streets and rights-of-way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the applicant's expense.

B. Underground Utilities Exemptions. Telephone, electric power, cable television, fiber optic lines and all other utilities, except surface stormwater facilities, shall be located underground. Stormwater facilities may be located underground or at the surface. The following, however, shall be excluded, from this requirement:

1. Antennae, associated equipment and supporting structures used by a utility or communication service provider for furnishing communication services.

2. Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts.

3. Temporary poles, overhead wires and associated overhead structures used for a period not to exceed six (6) months, which are necessary to provide utility service until the permanent service is completed.

4. Poles, wires and controller cabinets necessary for the operation of traffic signals.

5. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts.

C. Easements.

1. Utility easements shall be a minimum fifteen (15) feet wide (7.5 feet on each side of the lot line) along rear, front and side lot lines, when required. Easements of adequate width shall be provided for open drainage channels, where required. Easements five (5) feet in width may be allowed for underground cable installations. Telephone and electric power lines shall be located underground. Proper coordination shall be established between the applicant and the applicable utility companies for the establishment of utility easements in adjoining properties. Easements shall be indicated on the plat.

2. When topographical or other conditions make the inclusion of utilities within the rear lot lines impractical, perpetual unobstructed easements at a minimum of fifteen (15) feet in width shall be provided along side lot lines with satisfactory access to the street or rear lot lines. Easements shall be indicated on the plat.

Section 410.630 Public Uses.

[Ord. No. 18-12, 12-11-2018; Ord. No. 21-10, 10-12-2021]

A. Parks, Playgrounds And Recreation Areas.

1. Recreation Standards. The City shall require that land be reserved for parks, playgrounds and other recreation purposes in locations designated by the City's Comprehensive Plan, Parks and Greenways Master Plan or where such reservations are deemed appropriate. Each reservation shall be of suitable size, dimension, topography and general character and shall have adequate street access for the particular purpose envisioned by the Planning and Zoning Commission. The area shall be shown and marked on the plat "Reserved for Park and/or Recreation Purposes." When recreation areas are required, the Planning and Zoning Commission shall determine the number of acres to be reserved based on Table 3. The applicant shall dedicate all such recreation areas to the City or to a homeowners' association at the discretion of the City. For residential uses, the City shall determine the overall site, and density, and apply the appropriate percent of public use donation based upon the Table 3, below.

Table 3 Public Use Requirements
Lot Size (Sq. Ft.) based upon Density	Public Use Donation %	Lot Size (Sq. Ft.) based upon Density	Public Use Donation %
200,000 or greater	2.5%	20,000	6.0%
160,000	3.0%	15,000	6.5%
120,000	3.5%	10,000	7.0%
80,000	4.0%	7,500	7.5%
60,000	4.5%	5,000	8.0%
40,000	5.0%	3,750	8.5%
30,000	5.5%	2,500 or less	9.0%

2. Minimum Size Of Park And Playground Reservations. In general, land reserved for recreation purposes shall apply to proposed development sites consisting of fifteen (15) acres or larger, if less than fifteen (15) acres then the Subsection (A)(4), Alternative Procedure, may apply. When the percentages from Table 3 would create less than four (4) acres, the Planning and Zoning Commission may require that the recreation area be located at a suitable place on the edge of the subdivision so that additional land may be added when the adjacent land is subdivided. In no case shall an area of less than two (2) acres be reserved for recreation purposes if it will be impractical or impossible to secure additional lands in order to increase its area. When recreation land is not reserved in a subdivision or the land reserved is less than the percentage in Subsection (A)(1) above, the provisions of Section (A)(4) hereof shall be applicable.

3. Recreation Sites. Land reserved for recreation purposes shall be of a character and location suitable for use as a playground, playfield or for other recreation purposes; shall be relatively level and dry; and shall be improved by the applicant to the standards required by the Board of Aldermen. Said improvements shall be included in the subdivision improvement agreement and security. A recreation site shall have a total frontage on one (1) or more streets of at least two hundred (200) feet and no other dimension of the site shall be less than two hundred (200) feet in depth. The Planning and Zoning Commission may refer any subdivision proposed to contain a dedicated park to the Board of Aldermen for a recommendation. All land to be reserved for dedication to the City for park purposes shall have prior approval of the Board of Aldermen and shall be shown marked on the plat "Reserved for Park and/or Recreation Purposes."

4. Alternative Procedure — Money In Lieu Of Land. Where, with respect to a particular subdivision, the reservation of land required pursuant to this Section does not equal the percentage of total land required to be reserved in Subsection (A)(1) above, the Board of Aldermen shall require, prior to final approval of the subdivision plat, that the applicant deposit with the City Treasurer a cash payment in lieu of land reservation. Such deposit shall be placed in a Neighborhood Park and Recreation Improvement Fund to be established by the Board of Aldermen. The deposit shall be used by the City for improvement of a neighborhood park, playground or recreation area including the acquisition of property. The deposit must be used for facilities that actually will be available to and benefit the persons in the subdivision for which payment was made and be located in the general neighborhood of the subdivision.

The Board of Aldermen shall determine the amount to be deposited based on current land appraisals for like property in the area.

5. Applicability To Cluster Developments And Planned Districts. Subdivision plats that contain cluster developments or occur within a planned district shall not be exempt from the provisions of this Section. The percentage of land to be reserved for recreation purposes shall be based on the average single-family lot size within the development. The average lot size shall be determined by the dividing the total square footage of the development by the total number of units. The Planning and Zoning Commission shall then determine the number of acres to be reserved based on Table 3. If no additional area, other than the area to be reserved based on the average lot size, is required by the Board of Aldermen, the full fee shall be paid as required in Subsection (A)(4) above. If further land is required for reservation, apart from that based on the average lot size, payment shall be given as provided by Subsection (A)(4) above.

6. Other Recreation Reservations. The provisions of this Section are minimum standards. None of the paragraphs above shall be construed as prohibiting an applicant from reserving other land for recreation purposes in addition to the requirements of this Section.

B. Other Public Uses.

1. Plat To Provide For Public Uses. Except when an applicant utilizes planned district procedures in which land is set aside as required by the provision of the Zoning Ordinance, whenever a tract to be subdivided includes recreation uses in excess of the requirements of Subsection (A) of this Section or other public use as indicated in any portion of the Comprehensive Plan, the space shall be suitably incorporated by the applicant into the preliminary plat. After proper determination of its necessity by the Planning and Zoning Commission and the appropriate City official or other public agency involved, the site shall be suitably incorporated by the applicant into the preliminary and final plats.

2. Referral To Public Body. The Planning and Zoning Commission may propose alternate areas for such acquisition and shall allow the public body or agency thirty (30) days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

3. Notice To Property Owner. Upon receipt of an affirmative report, the Planning and Zoning Commission shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.

4. Duration Of Land Reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within twelve (12) months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a preliminary plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed twelve (12) months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for development in accordance with these regulations.

Section 410.640 Preservation Of Natural Features And Amenities.

[Ord. No. 18-12, 12-11-2018]

A. General. Existing features that would add value to residential development or to the City as a whole, such as trees, watercourses, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision and there shall be no change of grade of the land until the preliminary plat has been approved, the required tree plan has been approved and the developer has received an excavation permit from the City Engineer. The tree plan shall show the number and location of existing trees and shall indicate all trees marked for retention. All trees on the tree plan that are required to be retained shall be preserved and shall be welled and protected against change of grade. See Chapter 215: Tree Conservation and Protection of the Weldon Spring Municipal Code for more detailed information regarding tree plans and tree preservation.

B. Street Trees.

1. As a requirement of subdivision approval, the applicant shall plant approved street trees on the property of the subdivision. Street trees shall be located on the subject property between twelve (12) and twenty (20) feet from the back of the curb. One (1) tree shall be planted for every forty (40) lineal feet of frontage along each street unless the Planning and Zoning Commission grants a waiver. The waiver shall be granted only if there are trees growing along the right-of-way or on the abutting property, which, in the opinion of the Planning and Zoning Commission, comply with these regulations.

2. New trees to be provided pursuant to these regulations shall be have a minimum caliper of two and one-half (2 1/2) inches. Such trees shall be selected from the species listed in the definition of "street tree, approved" in Section 402.020.

Section 410.650 Non-Residential Subdivisions.

[Ord. No. 18-12, 12-11-2018]

A. General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision shall accommodate unique land characteristics as required by the Planning and Zoning Commission. A non-residential subdivision shall also be subject to all the requirements of site plan approval set forth in the Zoning Ordinance. Site plan approval and non-residential subdivision plat approval may proceed simultaneously at the discretion of the Planning and Zoning Commission. A non-residential subdivision shall be subject to all the requirements of these regulations, as well as any additional standards required by the Planning and Zoning Commission, and shall conform to City's Comprehensive Plan and Zoning Ordinance.

B. Standards. In addition to the standards in these regulations, the applicant shall demonstrate to the satisfaction of the Planning and Zoning Commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

1. Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

2. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated.

3. Special requirements may be imposed by the City with respect to street, curb, gutter and sidewalk design and construction.

4. Special requirements may be imposed by the City with respect to the installation of public utilities, including water, sewer and stormwater drainage.

5. Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up to existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

6. Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

Section 410.660 Sediment And Erosion Control.

[Ord. No. 18-12, 12-11-2018]

A. General Provisions.

1. Purpose. The purpose of this Section is to control soil erosion on land that is undergoing development for non-agricultural uses and to preserve the natural terrain and waterways of land. Soil erosion scars the land and creates sediment that clogs storm sewers and street ditches, chokes streams and creates silt lakes, all of which pose a threat to public health and safety. The provisions in this regulation are intended to provide a natural community environment and to prevent soil erosion and reduce costly repairs to gullies, washed-out fills, water conveyance systems, streets and embankments. Application of regulations in this document will effectively control soil erosion and sedimentation.

2. Scope Of Authority. Any applicant proposing to develop land within Weldon Spring shall apply to the City Engineer for approval of required erosion control and interim grading plans as specified in this regulation.

3. Performance Guarantee. In order to obtain approval of the required erosion control plan, the City Engineer shall require the applicant to post an escrow agreement, lender's agreement or certified check for an amount to be approved by the City Engineer in an amount of all work to be completed under the erosion control plan. Ninety percent (90%) of the funds will be released after all grading and erosion control measures are in place and vegetation has been established as verified and approved by the City Engineer. Ten percent (10%) will be held until the public improvements are accepted by the City or all disturbed areas have been properly stabilized to ensure that the erosion control measures are maintained. Once there is no further land disturbance and all disturbed area have at least seventy percent (70%) of vegetation re-established, the City Engineer will recommend that the Board of Aldermen release the final ten percent (10%).

B. Regulations.

1. Sediment And Erosion Control Plan Content. Sediment and erosion control and interim grading plans for grading land areas of one (1) acre or more shall include the following information. For grading of areas less than one (1) acre, but more than five thousand (5,000) square feet, an erosion control plan need not be submitted, but best practices shall include the placing of sufficient straw bales and/or silt fences to filter the stormwater run-off as it leaves the property. No ground shall remain bare for more than fourteen (14) days after secession of grading on site. After the grading is complete any disturbed areas on the site shall be seeded and covered with straw to reestablish vegetation within thirty (30) days of completing the grading.

a. Sediment and erosion control plans submitted to the City Engineer shall include three (3) sets of maps and plans with specifications showing proposed excavation, grading or filling and will include the following:

(1) Full name and address of property owner.

(2) Designation of property address and a location map.

(3) Portion of the property that is to be excavated, graded or filled with excavated material.

(4) Location of any sewage disposal system or underground utility line, any part of which is within fifty (50) feet of the proposed excavation, grading or filling area and the location of any pipeline operated at a maximum service pressure in excess of two hundred (200) p.s.i.g., any part of which is within one hundred (100) feet of the proposed excavation, grading or filling area.

(5) Existing grade and topography of the premises and the proposed finished grade and final contour elevation at a contour interval of not more than two (2) feet on United States Geological Survey datum.

(6) Location and present status of any previous permitted grading operations on the property.

(7) Details of any temporary drainage system proposed to be installed and maintained by the applicant and a comprehensive interim drainage plan designed to safely handle surface water, streams or other natural drains following heavy rains during grading operations.

(8) Details of proposed water impoundment structures, embankments, sediment or debris basins, grass or lined waterways and diversions with details, locations of proposed stable outlets, and the location of any downstream impoundments which could be affected by the proposed grading.

(9) Details of soil, preparation and revegetation of the finished grade and of other methods of soil erosion control.

(10) Proposed truck and equipment access ways to the work site.

(11) A ten (10) by twenty (20) foot equipment wash-off pad consisting of four (4) inch aggregate on geofabric that is serviced by water to wash off trucks and equipment.

(12) Delineation of the 100-year floodplain and floodway.

(13) A statement from the applicant assuming full responsibility for the performance of the operation as stated in the application. This statement shall also contain assurance that all City property, private property and streets will be adequately protected.

b. A construction schedule for the proposed phasing of development of the site, including clearing, rough grading, improvement construction and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas and the sequence of clearing, installation of temporary sediment control measures, installation of storm drainage and underground utilities, paving streets and parking areas and establishment of temporary and permanent vegetative cover. The City Engineer may waive specific requirements for the content of submissions upon finding that the information submitted is sufficient to show that the work will comply with the objectives and principles of these regulations.

2. Sediment And Erosion Control Plan Approval.

a. To gain approval, the sediment and erosion control plan must define the measures to be taken to meet erosion control principles and standards as defined in Subsection (B)(3) of this Section. The plan must also assure that sediment is not transported from the site by a storm event of 15-year (frequency), 20-minute (inlet time) or less.

b. Conservation District Comments. When a plat or plan is submitted to the Soil and Water Conservation District, the district may make comments and recommendations. Such comments may pertain, but need to be limited, to:

(1) Sedimentation and erosion control.

(2) Soil use limitations.

(3) Environmental considerations.

3. Principals And Standards.

a. All excavations, grading or filling shall have a finished grade not to exceed a three (3) to one (1) slope or thirty-three percent (33%). Steeper grades may be approved by the City Engineer if the excavation is through rock or the excavation or the fill is adequately protected (a designed head wall or tow wall may be required). If retaining walls are proposed, see the requirements in Section 405.160.

b. Sediment and erosion control plans for sites that exceed one (1) acre of grading shall provide for sediment or debris basins, silt traps or filters, staked straw bales or other approved measures to remove sediment from runoff waters. The design is to be approved by the City Engineer. Temporary siltation control measures (structural) shall be maintained until vegetative cover is established at a sufficient density to provide erosion control on the site. (Refer to Appendix A of the Unified Development Ordinance for St. Charles County.)

c. Where natural vegetation is removed during grading, vegetation shall be re-established in such a density as to prevent erosion. Permanent-type grasses shall be established as soon as possible or during the next seeding period after grading has been completed. (Refer to Appendix A of the Unified Development Ordinance for St. Charles County.)

d. Mechanized land clearing activities, which cause a disturbance to the existing soil layer, shall not commence until an interim grading/sediment and erosion control plan has been approved by the City Engineer. When mechanized land clearing activities are completed or suspended for more than thirty (30) days, either temporary vegetation must be established or temporary siltation control measures must be put in place with the review and approval of the City Engineer.

e. When grading operations are completed or suspended for more than thirty (30) days, permanent grass must be established at sufficient density to provide erosion control on the site. Between permanent grass seeding periods, temporary cover shall be provided according to the City Engineer's recommendation. (Refer to Appendix A of the Unified Development Ordinance for St. Charles County.) All finished grades (areas not to be disturbed by future improvement) in excess of twenty percent (20%) slopes (5:1) shall be mulched and tacked at the rate of one hundred (100) pounds per one thousand (1,000) square feet when seeded.

f. Provisions shall be made to accommodate the increased runoff caused by changed soil and surface conditions during and after grading. Non-vegetation open channels shall be designed so that gradients result in velocities of two (2) f.p.s. and shall be established in permanent vegetation by use of commercial erosion control blankets, sod or lined with rock riprap or concrete or other suitable materials as approved by the City Engineer. Detention basins, diversions or other appropriate structures shall be constructed to prevent velocities above five (5) f.p.s. (Refer to Appendices B, C, D, E and F of the Unified Development Ordinance for St. Charles County.)

g. All lots shall be seeded and mulched at the rates defined in Appendix A of the Unified Development Ordinance for St. Charles County or sodded before occupancy of a structure on any parcel or plat of land created by subdivision is permitted, except for cases of undue hardship because of unfavorable ground conditions, as determined by the City Engineer.

C. Inspection And Violation.

1. Inspections. By submitting a sediment and erosion control and interim grading plan for approval, the applicant consents to the City inspecting the proposed development site and all work in progress and to the payment of an hourly inspection fee established by the Board of Aldermen and listed on the official "Weldon Spring Fee Schedule," copies of which are available at City Hall and on the City's web page (www.weldonspring.org).

2. Corrections. All violations shall be corrected within the time limit set forth by the City Engineer specified in the issuance of a written notice to correct. All persons failing to comply with such notice shall be deemed in violation of this regulation. The City Engineer shall also have the right to stop all or any part of the construction activities and development until all violations have been satisfactorily corrected. To that end, the City Engineer shall issue a written order directing that such construction activities and development be stopped immediately and shall serve that written order upon any person, firm, corporation or business engaged in such construction activities and development at the site that is the subject of the violation.

3. Violations. In the event of a violation, the performance guarantee proceeds shall be used by the City to complete the planned sediment and erosion control practices.

4. Penalties. Any person, firm, corporation or business that violates any provision of these regulations or order issued under this Section shall be guilty of a misdemeanor and liable for a fine not to exceed five hundred dollars ($500.00) a day. Every day that such violation continues shall constitute a separate violation.

5. Appeals. Any person denied approval of a sediment and erosion control and interim grading plan as herein stated shall have the right to appeal such denial to the Planning and Zoning Commission according to the variance procedure as described in this Chapter within thirty (30) days of the date of such denial.