[R.O. 1985 § 26-40; 1-12-2021 by Ord. No. 5119]
A.
Intent And Purpose. This Article is intended to be utilized in conjunction
with the zoning regulations of this Chapter to ensure that the development
of land within the City occurs in a manner that protects, provides
for and promotes the public health, safety, convenience, comfort,
and general welfare of the residents of the City. Specific purposes
of this Article include the following:
1.
To ensure the orderly development or redevelopment of land;
2.
To protect and conserve the value of buildings and other improvements,
and minimize any adverse impact of development on adjoining or other
nearby properties;
3.
To ensure proper legal descriptions and documentation of subdivided
land for the protection of both buyers and sellers of land;
4.
To ensure that lot purchasers will receive a buildable, properly
oriented lot, provided with adequate facilities to meet day-to-day
needs;
5.
To establish standards of design (and reference other sources of
design standards and procedures) for subdivision improvements and
improvements within unsubdivided developments to ensure safe and proper
construction of new streets, utilities, drainage facilities; erosion
control; and installation of streetlighting;
6.
To ensure a beneficial relationship between uses of land and buildings
and the street system, including safe access and maneuvering of fire
trucks and other emergency vehicles;
7.
To designate and define the powers and duties of the officials administering
and enforcing this Article; and
8.
To establish penalties for the violation of this Article.
B.
Applicability. The regulations of this Article shall apply as follows:
1.
The provisions of this Article shall apply to every subdivision of land into two (2) or more parcels and including situations where there are proposed publicly dedicated streets, alleys, easements, parks, common areas, or other facilities. The provisions of this Article shall also apply to developments subject to planned development approval under Article III, Applications And Procedures, Section 26-10, Planned Development, of this Chapter.
2.
The improvement plan requirements and land development standards,
as contained in this Article, shall also apply to unsubdivided developments,
except for construction of improvements on single-family and two-family
residential lots.
3.
Every proposed subdivision of land within the City shall be submitted
to the Planning, Zoning and Architectural Review Commission for its
report and recommendation thereon to the Board of Aldermen. The final
plat of any subdivision shall not be recorded in the office of the
County Recorder of Deeds, unless and until such plat is approved in
accordance with the provisions of this Article.
4.
The sale or transfer of small parcels of land, as determined by the Director of Public Works, to or between adjoining property owners, where such sale does not create additional lots, is exempt from the requirement of Board of Aldermen approval of a final plat. Prior to such sale or transfer and recording thereof, the property owners involved shall comply with the boundary adjustment provisions contained in Section 26-46, Special Procedures, Subsections E through G, Boundary Adjustments, of this Article.
5.
Any court-ordered division of a tract of land shall comply with the
requirements of this Article.
C.
Subdivisions: Major. Major subdivisions require the submittal of
a sketch plat and approval of a preliminary and a final plat in accordance
with the provisions of this Article. A major subdivision is a subdivision
having any of the following characteristics:
1.
The subdivision involves the creation of more than four (4) lots;
2.
The total area of the tract to be subdivided is greater than two
(2) acres in size;
3.
There are proposed publicly dedicated streets, alleys, easements,
parks, or other public lands; or
4.
Any subdivision of a tract of land for which a rezoning is required
for all or a portion of the tract, including rezoning to a PD District.
D.
Subdivisions: Minor. A minor subdivision is a subdivision that does
not have any of the characteristics of a major subdivision, as described
in Section 26-40C above. Lot splits and lot consolidations are
considered minor subdivisions. Minor subdivisions are not required
to comply with the sketch plat and preliminary plat provisions of
this Article.
E.
Compliance With Zoning District Requirements. Subdivisions created in according with the provisions of this Article shall comply with applicable provisions of Article IV, Zoning Districts And Use Standards, of this Chapter.
1.
Creation of lots. No lot shall be created, nor property transferred
from one (1) adjoining lot to another, that results in any lot, and/or
the use thereof, failing to comply with the requirements of this Chapter.
2.
Rezoning (Zoning District Map amendment). When a proposed subdivision
would require that the tract, or portion thereof, be rezoned, consideration
of the preliminary plat and the rezoning petition shall take place
concurrently. The Planning Commission report on the preliminary plat
and the proposed rezoning shall be submitted to the Board of Aldermen.
In no event shall the Board of Aldermen approve a final plat prior
to the Board adopting an ordinance approving the rezoning of the subject
tract, or portion thereof.
[R.O. 1985 § 26-41; 1-12-2021 by Ord. No. 5119]
A.
General Procedures. The following provides a brief summary of the
steps in applying for and securing approval of any subdivision of
land within the City. Subdivisions that qualify as a minor subdivision
shall only be required to meet the requirements of the final subdivision
plat stage.
B.
Pre-application Review: sketch plat review meeting. Prior to applying
for preliminary plat review, the prospective applicant may request
a sketch plat review meeting with the Director of Public Works. If
the proposed plat is part of a planned development, this meeting shall
satisfy the requirement for the pre-application conference for a planned
development. The Director of Public Works may request that other City
department representatives attend this meeting. At this meeting, the
prospective applicant shall provide general information on the proposed
subdivision, including site location, existing site conditions, and
a sketch plat of the proposed subdivision. The sketch plat meeting
is a voluntary and informal procedure intended to benefit the prospective
applicant by allowing for an exchange of ideas and information. No
formal approval from the Director of Public Works or other City staff
is required prior to proceeding with the preliminary plat review and
approval stage.
C.
Pre-application Review: Contents Of Sketch Plat. The sketch plat
shall be drawn at a scale of one (1) inch equals two hundred (200)
feet or greater, which may be drawn in neat freehand form. The sketch
plat, and any accompanying documents, shall include the following
information, which may be based on sources other than field survey
data.
1.
Name, address, and telephone number of the owner of record, applicant
(if different than the owner of record), engineer and/or land surveyor
retained for preparing the plat.
2.
Acreage, existing and proposed (if different) zoning classification
of the tract to be subdivided.
3.
The approximate location of all existing land uses and structures
within the tract proposed to be retained or demolished and all land
uses and structures within one hundred fifty (150) feet of the tract.
4.
Existing and proposed trees or tree masses, including street trees.
5.
Arrangement of all proposed lots and common areas.
6.
Proposed location and width of street right-of-way, street pavement,
alleys, and their relationship to the existing adjacent street system.
7.
Proposed location of private access drives.
8.
Location and size of existing and proposed utility lines and easements.
9.
The generalized drainage scheme, including proposed detention/retention
facilities [show contour intervals of five (5) feet or less].
10.
A North arrow and scale.
D.
Pre-application Review: Planning Commission Work Session. Prior to
formal application for preliminary plat review, the applicant may
submit the sketch plat for review at a work session held with the
Planning Commission. This work session is not mandatory, but is highly
encouraged. If the applicant wishes to take advantage of this work
session, then the applicant shall request to be on the Planning Commission
agenda and submit the required number of copies of required documents
as indicated on the application according to the meeting schedule
deadline.
E.
Preliminary Plat: Submittal Requirements.
2.
Information. The preliminary plat shall be drawn at any scale, from
one (1) inch equals twenty (20) feet to one (1) inch equals one hundred
(100) feet, in any increments of ten (10) feet, on one (1) or more
sheets not less than twenty-four (24) inches by thirty-six (36) inches
or greater than thirty-six (36) inches by forty-two (42) inches in
size. Also include a North arrow, scale, date, and revision date block
on each sheet. The plat shall contain the following information:
a.
The name of the proposed subdivision, which shall be original and
not a duplication of the name of any previously recorded subdivision
or development in the county.
b.
A vicinity map showing the relationship of the tract to be subdivided
to the surrounding community. The vicinity map shall cover an area
within a radius of one (1) mile of the proposed subdivision at a scale
of one (1) inch equals 2,000 feet. The map shall generally locate
arterial streets, highways, railroads, and any significant landmarks
which help to locate the subdivision tract.
c.
The approximate area of the tract and the proposed lots therein stated
to the nearest one tenth (0.1) of an acre.
e.
Sufficient existing and proposed contour data 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. USGS data is required.
f.
Delineation and widths of proposed street, alley, or other rights-of-way,
including radii of curves, culs-de-sac, and any additional rights-of-way
along existing streets, as may be required by the City or other public
entity having jurisdiction, indicating all rights-of-way proposed
for dedication to the City or other public entity.
g.
Building setback lines, including side yard, rear yard, or proper
line setback associated with each proposed platted lot, in accordance
with the applicable zoning district classification. For detached single-family
or two-family dwelling type lots, building setback lines may be indicated
in a typical lot detail.
h.
Identification and delineation of any buffer areas required by Article IV, Zoning Districts And Use Standards, Section 26-16, Standards Applicable To All Districts, Section 26-17, Standards Applicable To Specific Uses And Districts, and/or Section 26-18, Watson Road Overlay Area, and Article V, Site And Landscape Design Standards, Section 26-24, Stream Buffer Protection.
i.
Identification and delineation of lots, streets, alleys, and easements
associated with all adjoining subdivisions, drawn to the same scale
in dashed lines (or half-toned) for a distance of one hundred fifty
(150) feet from the boundaries of tract proposed to be subdivided.
j.
The results of any tests made to ascertain subsurface soil conditions
and water table.
k.
The owners of record of land adjoining the area proposed to be subdivided.
l.
The existing zoning district classification(s) of the tract proposed
to be subdivided and the adjoining properties, and the proposed zoning
of the tract, if different.
m.
Proposed use of each lot within the proposed subdivision.
n.
The location of all existing storm sewer, sanitary sewer, water mains,
gas mains, or other underground utilities within the tract to be subdivided,
and off-site where proposed connections to the same are proposed.
o.
The location and width of all easements necessary to accommodate
utilities serving the proposed subdivision.
p.
Preliminary site drainage system, designed in accordance with the
requirements of the MSD and showing any proposed drainage swales,
detention or retention areas, storm sewer pipes, culverts, and any
other storm drainage improvements (including any off-site improvements).
q.
Preliminary layout of the sanitary sewer collection system, designed
in accordance with the requirements of the MSD and showing pipe sizes,
manhole locations, approximate flow line elevations, lift stations,
and any other pertinent sanitary sewer facilities necessary to service
the development.
r.
The delineation of FEMA-designated floodplain and floodway boundaries,
if any.
s.
Any proposed alteration, adjustment, or change in the elevation or
topography of any floodplain or floodway, as designated on the FEMA
Floodplain and Floodway Maps.
t.
Delineation of plat phases and anticipated time schedule, if the
subdivision is to be constructed in phases.
u.
The location and identification of all existing trees within the
tract proposed to be subdivided having a trunk size of eight (8) inches
in diameter or greater, as measured five (5) feet above the ground,
indicating which trees are to be removed and preserved.
v.
Other significant natural features, such as rock outcroppings, sinkholes,
and any other key natural features of the site.
w.
A certification by a registered engineer or land surveyor who prepared
the plat, indicating that the preliminary plat is a correct representation
of all existing and proposed land divisions.
x.
Signature blocks.
3.
4.
Rezoning. When a proposed subdivision would require that the tract
or portion thereof be rezoned, a rezoning petition shall be initiated
by the applicant simultaneously with the application for preliminary
plat approval.
F.
Preliminary Plat: Review Procedure.
1.
Submission By Applicant. After the sketch plat review meeting and the Planning Commission work session (if elected by the applicant), the applicant shall submit a preliminary plat and other information required by Subsection E of this Section to the Director of Public Services.
2.
Staff Review.
a.
Completeness Of Submittal. Upon receipt of the preliminary plat and
associated documents, the Director of Public Works shall review the
documents to determine acceptability for submission. If the Director
determines the submittal is complete, then the submittal shall be
date stamped.
b.
Distribution. As soon as practical after acceptance of the preliminary
plat submittal, the Director of Public Works shall distribute copies
of the preliminary plat to the Fire Marshal and other City staff,
as appropriate.
c.
Staff Review. Preliminary plats will be reviewed in accordance with Article III, Applications And Procedures, Section 26-8D, Staff Review. Additionally, the Director of Public Services shall review the preliminary plat and solicit comments from other City staff on such plat with respect to meeting the requirements of this Chapter, other applicable City regulations, and with respect to good site planning, both within the tract to be subdivided and its relation to the surrounding area. The Director, with the input of other City staff, shall identify any deficiencies and site planning issues.
d.
Recommendation. Staff shall recommend to the Planning Commission
approval or disapproval of the preliminary plat. A recommendation
of disapproval shall be accompanied by reasons. In recommending approval
of a preliminary plat, staff may recommend conditions to be addressed
and resolved.
3.
Planning Commission Action.
a.
The Planning Commission shall consider the preliminary plat at the
meeting scheduled for review of the subject plat. A vote of disapproval
shall be accompanied by reasons for such action in the meeting minutes.
In approving a preliminary plat, the Commission may add conditions
to be addressed and resolved.
b.
The Planning Commission may approve the plat, with conditions as
recommended by staff, if any, or as the Commission may determine,
by a majority vote.
c.
If the Planning Commission vote is contrary to the staff recommendation,
then such vote shall be by a two thirds (2/3) majority.
d.
The Planning Commission shall take action on the preliminary plat
within sixty (60) days of its consideration of such plat. Otherwise,
the preliminary plat shall be deemed as recommended for approval by
the Commission, except that the Commission, with the consent of the
applicant, may extend this sixty-day period.
G.
Preliminary Plat: Effect Of Approval; Period Of Validity.
1.
Approval of the preliminary plat by the Planning Commission constitutes
authorization for the applicant to proceed with preparation of the
improvement plans and related documentation.
2.
The preliminary plat shall be valid for a period of one (1) year
from the date of Planning Commission approval. In the case of phased
developments, the period of validity for the first phase shall be
one (1) year. Thereafter, application for final plat approval of subsequent
phases shall be submitted to the Director of Public Works within one
(1) year after recording the previous phase. In no case shall any
portion of a preliminary plat for a phased development be valid for
more than three (3) years.
3.
At such time as the period of validity has expired, the Planning
Commission approval of the preliminary plat shall become null and
void. In this event, a resubmission of the preliminary plat shall
be required if the applicant intends to pursue final plat approval.
The Planning Commission may grant up to a one-year extension from
the date that the period of validity expired. The Commission may deny
such extension or reject the re-application for the same preliminary
plat proposal in light of new facts and circumstances relating to
the preliminary plat.
4.
In the event that preliminary plat approval has expired, and such plat involved rezoning all or a portion of the property comprising the subdivision plat, the Board of Aldermen may initiate actions to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of the zoning regulations. (See Article III, Applications And Procedures, Section 26-9, Zoning Map And Text Amendments, of this Chapter.)
H.
Preliminary Plat: Withdrawal Of Plat. The applicant may, at any time,
withdraw a preliminary plat from consideration. Such withdrawal shall
be made in writing to the Director of Public Works or in a public
meeting before the Planning Commission. If the applicant desires to
resubmit such plat, or a modified version thereof, at a later date,
then the entire review and approval procedure required by this Section
shall apply. Withdrawal of an application for preliminary plat approval
shall not entitle the applicant to a refund of any required fees,
nor shall any fees paid be credited to a future application for preliminary
plat approval.
[R.O. 1985 § 26-42; 1-12-2021 by Ord. No. 5119]
Precedent to filing of the final plat, all engineering-related
plans and specifications shall be prepared, signed, and sealed by
a registered professional engineer. Landscape plans shall be prepared
by a landscape architect. It shall be the applicant's responsibility
to obtain any required approvals from public agencies and utility
companies having jurisdiction or authority [e.g., Metropolitan St.
Louis Sewer District (MSD), Missouri Department of Natural Resources
(DNR) and the U.S. Army Corps of Engineers (COE)].
A.
Improvement Plans: Submittal Requirements.
1.
Drawings. Except as otherwise required herein, the improvement plans
shall be drawn at any scale from one (1) inch equals twenty (20) feet
to one (1) inch equals one hundred (100) feet, in any increments of
ten (10) feet, on one (1) or more sheets not greater than twenty-four
(24) inches by thirty-six (36) inches in size, which shall include
a North arrow, scale, date, and revision date block on each sheet.
The improvement plans shall contain the following information:
a.
Title Page And Index. The title page shall include the proposed name
of the subdivision and show the name, address, and telephone number
of the developer and the engineering/landscape design firm(s) who
prepared the plans. If the set of improvement plans contain more than
five (5) sheets, not including the title sheet, then an index sheet
shall also be provided.
b.
Key Map. If the subdivision is to be built in phases, provide a key
map of the tract, showing the general layout of the entire subdivision
with the applicable phase highlighted.
c.
Street And Utility Plans.
(1)
Plans And Profiles. Plans and profiles for streets, sanitary
sewers, and storm sewers shall be drawn at a scale of one (1) inch
equals 50 feet horizontal and one (1) inch equals ten (10) feet vertical,
or as otherwise approved by the Director of Public Works.
(2)
Streets And Sidewalks. Typical street cross sections shall be
shown with complete dimensions and construction information. Street
profiles shall be provided, showing existing and proposed elevations
at fifty-foot intervals on the center line and at points along the
proposed street right-of-way, as measured along a line drawn perpendicular
to the center-line stations.
(3)
Sanitary Sewers. Sanitary sewer plans shall show the alignment
of all sewer mains, manhole locations, and proposed easement locations
and dimensions. Specific drawing information shall be in accordance
with the requirements of the MSD.
(4)
Water Distribution. Water distribution plans shall show the
alignment of all water mains, location of valves and fire hydrants,
and proposed easement locations and dimensions. Specific drawing information
shall be in accordance with the requirements of the Missouri American
Water Company and specifications established by the City Fire Marshal.
(6)
Lighting Plans. Show the location of proposed streetlights and
indicate the type of light standards, fixtures, and the rated output
(lumens) of the light sources.
(7)
Other Utility Plans. Show proposed locations of any other utilities,
including easements. Drawing information requirements for other utilities
(e.g., electric, gas, telephone, cable television, etc.) shall be
in accordance with the requirements of the applicable utility company.
2.
Supplemental Information Requirements. The following supplemental
information shall/may be required:
a.
Cost Estimates. Provide cost estimates for all site preparation and
construction of improvements, in sufficient detail for verification
and approval by the Director of Public Works. Identify any reference
sources of costs used in preparing the cost estimates, or the source
of the cost estimate (e.g., if prepared by a utility company to be
contracted to install certain improvements).
b.
Evidence Of Review By Others. Provide written statements from (or
correspondence from the developer to) the following agencies indicating
that the improvement plans for the subdivision plat have been submitted
for determination of compliance with their respective rules and standards:
(1)
Metropolitan St. Louis Sewer District;
(2)
Missouri Department of Transportation, if access to the development
is to be from a State highway;
(3)
St. Louis County Department of Transportation, if access to
the development is to be from a county arterial road;
(5)
U.S. Army Corps of Engineers; and
(6)
Other agencies having review authority over any element of the
proposed development.
B.
Improvement Plans: Review Procedure.
1.
Submission By Applicant. After Board of Aldermen approval of the preliminary plat, the applicant shall submit to the Director of Public Services improvement plans and other information required by Section 26-41, Subdivision Review And Approval Process, Subsection E, Preliminary Plat: Submittal Requirements, to the Director of Public Works. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies or utilities.
2.
Staff Review. As soon as practical after receipt of the improvement
plans, the Director of Public Works shall distribute copies of the
applicable documents to the Fire Marshal and other City staff, as
appropriate. The Director of Public Works, with the input of other
City staff, shall review the improvement plans and shall:
3.
Evidence Of Approval By Other Agencies Or Utilities. The applicant
shall provide evidence to the Director of Public Works of the approval,
or agreement to install improvements, from all applicable reviewing
agencies/utility companies, including payment of any required inspection
fees.
4.
Approval. Upon determination by the Director of Public Works that
the improvement plans satisfy the requirements with this Article,
then such improvement plans shall be stamped as approved and dated.
C.
Improvement Plans: Effect Of Approval; Period Of Validity. Approval
of the improvement plans shall be valid for a period of two (2) years
from the date of approval. If the construction of improvements has
not been completed within the two-year period, the Director of Public
Services may grant an extension of up to one (1) year for completion.
Any request for an extension shall be filed in writing with the Director
of Public Services prior to the expiration of the approval. If construction
has not been commenced within the two-year period, the approval shall
be void.
D.
Improvement Plans: As-Built Drawings. After all required improvements,
public or common private improvements, have been installed, but before
final approval or acceptance, the developer shall submit as-built
drawings of the improvements to the Director of Public Works.
E.
Completion Of Improvements Guaranteed: Completion Deposits.
1.
After the improvement plans have been approved and all inspection
fees paid, but before approval of the final subdivision plat, the
developer shall guarantee the completion of all required improvements
in accordance with the regulations of this Article. The developer
shall either deposit cash or an irrevocable letter of credit under
a deposit agreement with the City to guarantee the construction, installation
and completion of the required improvements within the completion
period approved by the Director of Public Works, which shall not exceed
two (2) years, except as such period may be extended as hereinabove
provided.
2.
No guarantee or deposit shall be given to the City for sanitary and
storm sewer improvements if the MSD confirms that its requirements
for assurance of completion are satisfied. This provision shall not
affect the intent or enforcement of any guarantee, escrow, or renewal,
extension or replacement thereof for plats approved prior to the effective
date of this Article.
F.
Completion Of Improvements Guaranteed: Deposit Agreement.
1.
Deposit Agreement. Deposit agreements shall provide that there shall
be deposited with the City:
a.
A cash amount not less than the estimate of the cost of the construction,
completion and installation of the improvements indicated on approved
improvement plans and approved by the Director of Public Works; or
b.
A sight draft irrevocable letter of credit which may be renewable,
issued under the Uniform Customs and Practice for Documentary Credits
(1983 Revision), International Chamber of Commerce Brochure No. 400,
as amended, payable at a local financial institution, in an amount
not less than the approved estimate of the cost of the construction
completion and installation of the improvements indicated on the approved
improvement plans, with final expiration date of not less than six
(6) months after the initial period allowed for completion of required
improvements, drawn in favor of the City and guaranteeing to the City
the availability, from time to time upon demand, of the balance under
the deposit agreement and letter of credit not theretofore released.
2.
Pre-approval Of Financial Institution. No financial institution shall
be eligible to provide a letter of credit unless approved in advance
by the Director of Public Works and the City Attorney on such terms
and criteria as may be established by the City.
G.
Completion Of Improvements Guaranteed: Release/Reduction Of Completion
Deposits. The deposit agreement shall be held by the City and remain
in effect until such time as the required improvements are completed
in accordance with the requirements of this Article. Partial releases
of the cash deposit or reductions in the letter of credit shall be
made as follows:
1.
Release/Reduction. The Director of Public Works shall partially release
the cash deposit or reduce the letter of credit obligation for a category
of improvement within 30 days of completion of such category of improvement,
minus a retention of five percent (5%). A category of improvement
shall be deemed to be completed upon issuance of written approval
from the appropriate inspecting public authority and determination
by the Director of Public Works that such category of improvement
has been completed in accordance with the applicable standards of
this Article.
2.
Release Of Balance. The developer shall be responsible for any defects, deficiencies and damage to required improvements during the development of the subdivision. The remaining funds or the balance of the letter of credit shall be held until such time as the subdivision has been completed, in accordance with the standards of this Article and the submittal of as-built drawings of the improvements, as required in Subsection D of this Section. If defects or deficiencies are found on inspection, same shall be corrected by the developer prior to the release of the remaining funds or the letter of credit.
H.
Completion Of Improvements Guaranteed: Failure To Complete Improvements.
1.
The obligation of the developer to construct, complete and install
the required improvements shall not cease until the developer shall
be finally released. If, after the improvement completion period,
the required improvements are not constructed, completed, or installed,
or if the developer shall violate any provision of the deposit agreement
as determined by the Director of Public Works, the Director of Public
Services shall request the developer or letter of credit provider
to show cause, within not less than ten (10) days, why the City should
not declare the developer in default. If the developer or surety or
letter of credit provider fails to cure any default or present compelling
reason why no default should be declared, the Director of Public Works
shall declare the developer in default and may take any one (1) or
more of the following actions:
a.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be used to bring about the completion
of the required improvements or other appropriate purposes in the
interest of the public safety, health, and welfare; or
b.
Require the developer to submit an additional cash sum or letter
of credit sufficient to guarantee the completion of the required improvements
after recalculation in order to allow for any inflated or increased
costs of constructing improvements.
2.
Suspension Of Right To Build.
a.
If the Director of Public Works determines that forfeiture of the remaining deposit under Subsection H.1.a of this Section, above, will not allow completion of the required improvements and if the developer fails to comply with the Director of Public Works' requirements under Subsection H.1.b of this Section, above, the Director of Public Services may suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Subsection, 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 Director of Public Works shall give the developer ten (10) calendar days' written notice of an order under this Subsection, with copies to all issuers of letters of credit 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 Director of Public Services has not determined by compelling evidence that completion of the improvements is adequately assured, the Director of Public Services 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 letter of credit, and a copy recorded with the Recorder of Deeds. Public notice of such order shall be conspicuously and prominently posted by the Director of Public Works at the subdivisions or lots subject to such order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director of Public Works:
(1)
If such notice is for a subdivision:
|
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF CRESTWOOD DIRECTOR OF PUBLIC WORKS. 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 CRESTWOOD DIRECTOR OF PUBLIC WORKS 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 THE CRESTWOOD MUNICIPAL CODE.
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(2)
If such notice is for a lot:
|
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF CRESTWOOD Director of Public Works. 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 CRESTWOOD DIRECTOR
OF Public Services 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 THE CRESTWOOD
MUNICIPAL CODE.
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b.
The suspension shall be rescinded in whole or in part only when the
Director of Public Works has determined that completion of the improvements
is adequately assured in all or an appropriate part of the subdivision.
I.
Maintenance Of Common Areas And Facilities: Trust Indentures.
1.
In any case where the establishment of common land (including pedestrian
walkways and cul-de-sac islands), streetlighting, drainage facilities
(such as detention basins, drainage pipe, and ditches) or any other
improvement requiring continuing maintenance, a trust indenture providing
for such maintenance shall be recorded simultaneously with the final
plat.
2.
The trust indenture shall provide that the common land be used for
the benefit, use, and enjoyment of the lot owners, present and future;
for the proper maintenance and supervision by the trustees who are
selected to act in accordance with the terms of such indenture and
the applicable sections of this Article; and that no owner shall have
the right to convey such owner's interest in the common land except
as an incident of ownership of a platted lot.
3.
Common land shall be conveyed by the owner in fee simple absolute
title by warranty deed to the subdivision association or trustees.
4.
For single lot developments (e.g., commercial developments), the
Director of Public Works may accept script certifying the means of
maintenance, placed on the plat or separate instrument to be recorded
simultaneously with the plat.
5.
Any trust indenture required to be recorded, or recorded for the
purpose of compliance with the provisions of this Article, shall provide
for not less than the following representation of purchasers of developed
lots as trustees:
a.
One-third (1/3) of the trustees or officers shall be chosen by purchasers
of developed lots after fifty percent (50%) of the lots have been
sold;
b.
Two thirds (2/3) of the trustees shall be chosen by purchasers of
developed lots after ninety-five percent (95%) of the lots have been
sold;
c.
All of the association trustees shall be chosen by purchasers of
developed lots after all of the lots have been sold.
6.
The term of the indentures for all types of subdivisions, including
planned districts, shall be for the duration of the subdivision. In
the event that the subdivision is vacated, fee simple title shall
vest in the then lot or unit owners as tenants in common. The rights
of the tenants in common shall only be exercisable appurtenant to
and in conjunction with their lot ownership. Any conveyance or change
of ownership of any lot shall convey with it ownership in the common
land, and no interest in the common land shall be conveyed by a lot
owner except in conjunction with the sale of a lot. The sale of any
lot or unit shall carry with it all the incidents of ownership of
the common land although such may not be expressly mentioned in the
deed; provided, however, that no right or power conferred upon the
trustees shall be abrogated.
7.
Each trust indenture and warranty deed shall be accompanied by a
written legal opinion from an attorney licensed to practice in the
State of Missouri, setting forth the attorney's legal opinion as to
the legal form and effect of the trust indenture and deed. The deed
and trust indenture shall be approved by the City Attorney prior to
being filed with the County Recorder of Deeds simultaneously with
the recording of the final plat.
J.
Maintenance Of Common Areas And Facilities: Disclosure Of Responsibility
For Maintenance Of Streets.
1.
Required. So long as there is a street not accepted by the City for
maintenance within any subdivision, no person shall sell, or offer
to sell, or advertise for sale, any dwelling unit or non-residential
property without disclosing to each prospective purchaser such purchaser's
responsibility with respect to subdivision streets in the manner required
by this Section. For purposes of this Section, "prospective purchaser"
includes any person making inquiry of any responsible party with respect
to purchase of a lot or dwelling unit.
2.
Form Of Disclosure.
a.
Disclosure shall be made to each prospective purchaser in substantially
the following form:
|
THE CONSTRUCTION DESIGN OF THESE STREETS HAS BEEN APPROVED BY
THE CITY AND OFFERED FOR DEDICATION TO THE CITY. UNTIL SUCH TIME AS
STREETS ARE ACCEPTED BY THE CITY FOR MAINTENANCE, THE OWNERS OR HOMEOWNERS'
ASSOCIATION WILL BE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE.
|
b.
Modification of the above language may be made only as necessary
to plainly and accurately portray the current and future status of
subdivision streets. Any reference in such disclosure to a board of
trustees or similar persons shall reference the trust indenture which
discloses the manner of selection of trustees and the manner in which
any costs borne by such persons will be defrayed.
3.
Responsible Parties. The requirements of this Section shall be complied
with by any developer, development corporation, lender, title company,
real estate broker, corporation, agent, manager or management corporation,
and each agent or employee of the foregoing to the extent of involvement
in marketing of property for sale.
4.
Specific Requirements. It shall be the responsibility of each responsible
party to accomplish the disclosure required by this Section. Without
limiting the generality of this obligation, the disclosure, in any
event:
a.
Shall be prominently posted in the sales office;
b.
Shall be contained in a contract for the sale of a lot or dwelling
unit, and if not printed in red lettering or similar highlighting,
shall be specifically pointed out to a prospective purchaser prior
to execution of any such contract;
c.
Shall be printed in readily legible typeface on any map or plat used
for marketing purposes.
5.
Exceptions. The disclosure required by this Section need not be made:
6.
Pre-approval Of Modified Disclosure.
a.
Any proposed modification of the language of the required disclosure
shall be submitted to the City Attorney for approval, prior to use.
b.
The City Attorney shall approve any modification which is factually
accurate and serves to inform a prospective purchaser at least as
well as the language set forth above.
[R.O. 1985 § 26-43; 1-12-2021 by Ord. No. 5119]
The provisions of this Section provide the requirements associated
with submitting and recording of the final plat.
A.
Final (Record) Plat: Submittal And Information Requirements.
2.
Information. The final plat shall be drawn at any scale, from one
(1) inch equals twenty (20) feet to one (1) inch equals one hundred
(100) feet, in any increments of ten (10) feet, on one (1) or more
sheets not less than eight and one half (8 1/2) inches by fourteen
(14) inches or greater than thirty-six (36) inches by forty-two (42)
inches in size, including a North arrow, scale, date, and revision
date block. The plat shall contain all the information required in
a preliminary plat, but in its final form, subject to the following
qualifications and additional information requirements:
a.
All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, and any other areas for public or
private use. The error of enclosure of the subdivision boundary survey
shall not exceed one (1) foot for each ten thousand (10,000) feet
of perimeter survey. The linear dimensions shall be expressed in feet
and decimals of a foot.
b.
Accurate distances and directions to the nearest permanent survey
monument from which the survey was made.
c.
Location and description of all survey monuments.
d.
When lots are located on a curve or when side lot lines are at angles
(from the street right-of-way) other than ninety degrees (90°),
the width of lot at the front building setback line shall be shown.
e.
The location and width of all easements necessary to accommodate
utilities serving the proposed subdivision.
f.
Accurate delineation of any property designated for dedication for
public use (e.g., streets), or temporary public use (e.g., grading
easements).
g.
Names of streets.
h.
Identification system for all lots and blocks.
i.
Area in square feet for each lot or parcel, shown on the plat or
on a supplemental sheet.
j.
Zoning district classification, and zoning district boundary line
when the subdivision is located in more than one (1) district. If
the subdivision is coincident with a planned development district,
the ordinance number which created the PD District shall be indicated.
k.
Certification by a State-registered land surveyor, who performed
the property survey, to the effect that the plat represents a survey
made by the surveyor, and that such survey complies with the Standards
of Missouri Board for Architects, Professional Engineers and Land
Surveyors and Department of Natural Resources; that the plat is a
correct representation of all exterior boundaries of the land surveyed
and the subdivision of it; and that all monuments indicated thereon
actually exist and their location, size and material are correctly
shown.
l.
Form of certificate of approval by the Planning Commission.
m.
Boundary description of the subdivision, including the area of the
subdivision to the nearest 100th of an acre.
B.
Final (Record) Plat: Review And Approval Procedure.
1.
Submission By Applicant. After the approval of improvement plans,
the applicant shall submit a completed application, the final plat,
and other information required by Section 26-43A above to the
Director of Public Works.
2.
Staff Review. Final plats will be reviewed in accordance with Article III, Applications And Procedures, Section 26-8D, Staff Review.
a.
Completeness Of Submittal. Upon receipt of final plat and associated
documents, the Director of Public Works shall review the documents
to determine acceptability for submission. If the Director determines
the submittal is complete, then the submittal shall be date stamped.
b.
Distribution. As soon as practical after acceptance of the final
plat submittal, the Director of Public Works shall distribute copies
of the final plat to the Fire Marshal and other City staff as appropriate.
c.
Staff Review. The Director of Public Works shall review the final
plat, and solicit comments from other City staff on such plat, to
determine compliance with the approved preliminary plat, including
any conditions of approval placed on the preliminary plat, and consistency
with the approved improvement plans.
3.
Planning Commission Review.
a.
The Planning Commission shall review the final plat at the meeting
scheduled for review of the final plat. The Planning Commission shall
make a determination whether the final plat is in substantial compliance
with the approved preliminary plat. The Commission shall recommend
to the Board of Aldermen approval or disapproval of the final plat.
A vote of disapproval shall be accompanied by reasons for such action
in the meeting minutes.
b.
The Planning Commission shall take action on the final plat within
sixty (60) days of its consideration of such plat. Otherwise, the
final plat shall be deemed as recommended for approval by the Commission,
except that the Commission, with the consent of the applicant, may
extend this sixty-day period.
4.
Prerequisites to forwarding final plat to Board of Aldermen. Prior
to the Director of Public Works forwarding the recommendation of the
Planning Commission regarding the final plat to the Board of Aldermen,
the applicant shall provide to the Director of Public Works the following
documents as they may be applicable:
a.
Certificate of clear title, prepared by a duly authorized title company,
stating that the signatures of all persons whose consent is necessary
to the preparation and recording of such plat and to the offer of
dedication of any streets and/or other public places are shown on
the plat.
b.
The subdivision trust indenture and warranty deed for common land
conveyance, accompanied by a letter of compliance from an attorney.
c.
Guarantee of installation of water mains from the St. Louis County
Water Company, if not to be installed by the developer of the subdivision.
d.
Verification of street names and addresses from the St. Louis County
Department of Revenue.
e.
Tax certificate or copy of paid tax bill for the property from the
St. Louis County Collector of Revenue.
f.
Verification that the subdivision name is not a duplicate of another
subdivision name in the county from the St. Louis County Recorder
of Deeds office.
g.
Verification of payment of all inspection fees, where applicable.
h.
Letter from the MSD certifying connection fees have been paid.
i.
Deposit agreement.(See Section 26-42, Improvement Plans, Subsections
E through H.)
5.
Board Of Aldermen Action. As soon as practical after the Planning Commission makes its recommendation and after the applicant complies with Subsection B.4.a through B.4.I of this Section, above, the final plat shall be forwarded to the Board of Aldermen for its consideration. Upon determination that the final plat is in full compliance with the requirements hereof, the Board shall adopt an ordinance approving such final plat.
C.
Recording Of Plat. After Board approval, the final plat shall be
drawn or photographically reproduced on Mylar drafting film, and shall
be submitted to the City for signature prior to recording. Pen or
laser plots on Mylar film may be accepted so long as the image is
permanent. Following the recording of the final plat, one (1) recorded
copy of the subdivision plat, bearing the County Recorder's signature,
seal, and notation as to plat book and page, shall be returned to
the Director of Public Works, along with similarly recorded copies
of trust indenture and any other supporting documents required to
be recorded by this Article. Subject to the provisions of Section 26-46A
through D of this Article, relating to approved display plats, no
building permits shall be issued prior to the Director of Public Works
receipt of the record plat and any applicable recorded documents.
D.
Plat Approval Not Acceptance For Maintenance Of Dedications. Approval
of a final plat does not constitute acceptance by the City for the
maintenance of any streets, sidewalks, parks or other public facilities
shown on the plat to be dedicated to the City. Such acceptance shall
not occur until such time that the Director of Public Works determines
that the public improvements have been completed in a satisfactory
manner.
[R.O. 1985 § 26-44; 1-12-2021 by Ord. No. 5119]
The regulations of this Section are intended to control and
enhance the layout of a development, including the orientation of
lots and structures thereon.
A.
Purposes And Intent. The purposes of these regulations are as follows:
1.
To provide desirable building sites logically related to topography,
natural features, streets, parking areas, common land (if any), other
structures, and adjacent land uses;
2.
Consideration for surrounding land uses in terms of the impact of
the proposed development on the surrounding area;
3.
Consideration for any existing or potential impacts of adjacent land
uses on the proposed development;
4.
Give due regard to natural features (such as large trees and watercourses),
presence of historic landmarks or districts, the proximity and density
of nearby residential areas, and any other on- or off-site conditions.
B.
Compliance With Design Standards. Subdivisions or development shall
comply with the standards contained in this Article and this Section
and any other detailed design criteria as specified by the Director
of Public Services, and any other utility companies or agencies having
jurisdiction.
C.
Design Standards: Streets, General.
1.
Every street established after the effective date of this Article
shall be platted, designed and built in accordance with the requirements
of this Article.
2.
Private streets shall be prohibited, except for private drives primarily
intended to provide access to parking areas associated with multiple-family
residential developments, or road easements or cross access easements
associated with non-residential developments.
3.
Half-width streets shall be prohibited.
4.
The street layout shall be appropriate for the type of development
proposed and properly integrated with the street system in the area
adjoining the development.
5.
Residential streets shall be laid out to discourage through traffic
and culs-de-sac, to encourage connectivity, to permit efficient drainage
and utility systems, and to provide convenient and safe access to
lots.
6.
In conjunction with satisfying the intent of Subsection C.5, above, residential streets shall interconnect with surrounding streets where determined to be necessary to permit the convenient movement and dispersion of traffic within the local neighborhood and/or that would facilitate the access of emergency vehicles.
7.
All dead-end streets shall be developed with a cul-de-sac turnaround,
with a circular pavement provided in accordance with this Section,
unless the Planning Commission recommends, and the Board of Aldermen
approves, an equally safe and maneuverable turnaround space. This
turnaround requirement shall not apply to dead-end stub streets having
no more than four (4) lots fronting thereto and which do not exceed
two hundred fifty (250) feet in length as measured from the center
line of the street intersection to the end of the stub street, provided
that the Planning Commission and Board of Aldermen determine that
such street provides a safe means of access for police, fire, and
emergency vehicles.
8.
Streets shall intersect, as nearly as possible, at right angles,
and no street shall intersect with another at less than seventy degrees
(70°). Not more than two (2) streets shall intersect at any one
(1) point.
9.
Whenever possible, proposed street intersections along one (1) side
of a street shall coincide with existing or proposed intersections
on the opposite side of such street. In any event, where a center-line
offset (jog) occurs at an intersection, the distance between the center
lines of the intersecting streets shall not be less than one hundred
fifty (150) feet when the intersected street is a residential street,
and not less than two hundred (200) feet when the intersected street
is a collector street or highway.
10.
Street right-of-way shall not be placed adjacent to side or rear
property lines of a lot, tract, or parcel in an established residential
subdivision, except as is necessary to provide for future connections
to adjoining unsubdivided tracts where recommended by the Planning
Commission and approved by the Board of Aldermen. A minimum of a twenty-five-foot
landscaped buffer, established as common ground, shall be provided
between the street right-of-way and the side or rear property lines
of the lots, tracts, or parcels, associated with the established residential
subdivision. Intersection roundings shall be exempt from this requirement.
11.
Additional traffic lanes or other widening, pavement thickness, drainage
facilities, granular base, traffic control devices, and other improvements
may be required to accommodate traffic volumes projected to be generated
by the development, unsuitable soil conditions, steep grades, or other
conditions.
D.
Design Standards: Streets, Specific. All streets shall comply with
the standard specifications of the Department of Highways and Traffic
of the county, except as modified herein. All streets shall comply
with the standard specifications outlined in the City's adopted fire
code. The City may require additional right-of-way and/or improvements
as may be required to accommodate the proposed development and its
impact on adjacent streets. The Director of Public Works may require
that the applicant for subdivision plat approval provide a traffic
study to assist in determining what additional improvements and/or
right-of-way may be necessary. Where a development is accessed from
a street or highway under the jurisdiction of the State or county,
any required improvements thereon and intersecting streets or drives
shall be designed and constructed in accordance with the requirements
of the respective agency.
1.
Street design standards and requirements for the City's two (2) principal
street types are provided for in Table 26-44 below.
|
Table 26-44
| ||
|---|---|---|
|
Dimensional Specifications
| ||
|
Street Design Element
|
Minor (Residential) Street
|
Non-Residential and Collector Street
|
|
Street width
| ||
|
Minimum right-of-way (feet)
|
50
|
60
|
|
Minimum pavement width (measured to back of curb)
(feet)
|
30
|
38
|
|
Cul-de-sac turnaround
| ||
|
Right-of-way (feet)
|
54
|
67
|
|
Pavement radius (measured to back of curb) (feet)
|
42
|
553
|
|
Intersection radii
| ||
|
Right-of-way (feet)
|
20
|
30
|
|
Pavement (measured to back of curb)1 (feet)
|
32
|
42
|
|
Street pavement material
|
Concrete
|
Concrete
|
|
Curb and gutter
|
Concrete2
|
Concrete4
|
|
Street grade
| ||
|
Maximum slope
|
8%
|
6%
|
|
Minimum slope
|
2%
|
2%
|
|
NOTES:
| |
|
1
|
The Director of Public Works may permit comparable cutoffs or
chords in lieu of rounded corners.
|
|
2
|
Vertical or lip (rolled) are permitted, with ADAAG-compliant
curb ramps provided at sidewalk intersections.
|
|
3
|
Exception: The Planning Commission may recommend, and the Board
of Aldermen may approve, a pavement radius of forty-two (42) feet
where parking or loading areas provide for suitable turnaround movements.
|
|
4
|
Vertical only, with ADAAG-compliant curb ramps provided at sidewalk
intersections.
|
2.
Miscellaneous Geometric Requirements.
a.
All pavement surfaces shall be centered within the right-of-way without
exception.
b.
The minimum height of the street crown shall be determined by using
a cross slope of two percent (2%), or as required by the geometric
pavement design approved by the Director of Public Works.
c.
Intersections shall be designed with grades as level as possible,
notwithstanding provisions for proper drainage. Approaches to intersections
shall not have a grade exceeding three percent (3%) for a distance
of not less than one hundred fifty (150) feet, measured from the center
line of the intersecting street.
3.
Street Names.
a.
Proposed through streets which are continuations of or in general
alignment with existing streets shall bear the names of such existing
streets.
b.
Except as required under Subsection D.3.a, above, the name of a proposed street shall not duplicate the name of any existing or platted street within the county.
c.
All names of the streets proposed by the developer shall be approved
by the County Department of Revenue prior to submitting the final
plat to the City for review.
E.
Design Standards: Sidewalks And Pedestrianways.
1.
Requirements.
a.
Except as provided for herein, sidewalks shall be provided along
both sides of any street, including around any cul-de-sac.
b.
Sidewalks or pedestrianways may be required elsewhere within a development
to provide access to parks, schools, public transportation facilities,
common land, or similar areas when the Planning Commission finds that
such sidewalks or pedestrianways are necessary to promote public safety.
c.
Sidewalks or pedestrianways shall be constructed in accordance with
the specifications established by the Director of Public Works. The
minimum requirements for sidewalks shall be as follows:
(1)
Residential sidewalks or pedestrianways shall be concrete, having
a minimum thickness of four (4) inches and increased to six (6) inches
at driveway entrances. The minimum width of sidewalks in residential
developments shall be four (4) feet, except that wider widths may
be required by the Board of Aldermen upon recommendation from the
Planning Commission.
(2)
Non-residential sidewalks shall be concrete, having a minimum
thickness of four (4) inches and increased to seven (7) inches at
driveway entrances. The minimum width of sidewalks in non-residential
developments shall be four (4) feet, except that wider widths may
be required by the Board of Aldermen upon recommendation from the
Planning Commission.
(3)
Sidewalks shall be handicapped accessible.
(4)
Where sidewalks do not presently exist along Watson Road (a
State highway), sidewalks shall be provided; however, if the State
Highway and Transportation Department prohibits such sidewalks within
the State right-of-way, then the sidewalks shall be placed in a public
easement outside of the right-of-way.
d.
Pedestrianways, as distinguished from sidewalks along streets, may
be constructed with other suitable materials; use of such materials
shall be subject to the approval of the Director of Public Works when
the developer can demonstrate that:
2.
Variance Procedure. A developer may request a waiver from the requirement
for sidewalks along a street, in accordance with the variance procedure
outlined in this Article. The Director of Public Works shall provide
a report to the Planning Commission concerning the conditions within
the street right-of-way involved with the request. The Planning Commission
may recommend, and the Board of Aldermen may approve a waiver in the
following cases:
a.
Where sidewalks are not deemed necessary for the public safety or
where topographical or other conditions make their installation and
use impractical;
b.
Where the applicant has submitted an alternative sidewalk plan that
provides for more direct and safer movement of pedestrian traffic;
or
c.
Where the applicant can demonstrate that justifiable conditions exist
wherein the strict application of requirements contained in this Section
would:
F.
Design Standards: Lots.
1.
General.
a.
Every lot shall have access from a public street, except for non-residential
lots accessed by a roadway easement or cross access easement approved
by the Board of Aldermen and recorded on a record or easement plat.
b.
The minimum area of lots shall be in accordance with the regulations
of the zoning district in which the lots are located.
c.
The side lot lines of lots shall generally be at right angles to
straight street lines, and radial to curved street lines, unless a
deviation from this general standard would provide a better street
and lot plan, in the judgment of the Planning Commission.
d.
Through lots should be avoided, except where necessary to provide
separation of the subdivision from major or secondary streets, or
as otherwise required by topography or similar conditions.
e.
Through lots shall have driveway access from the internal residential
(local) street, unless it is impractical to do so because of topography
or similar conditions.
2.
Corner Lots.
a.
Corner lots shall have adequate width to permit the required building setback lines from both streets. (See Article IV, Zoning Districts And Use Standards, of this Chapter.)
b.
Corner lots located at the intersection of a collector street and a residential (minor) street shall have driveway access from the residential (local) street, if possible. Driveways shall be located as far from the street intersection as practical and shall not be located within the area described in Article II, Definitions, Section 26-5, definition of "sight distance triangle".
3.
Flag
Lots. Flag lots are not to be permitted.
G.
Design Standards: Easements.
1.
General Requirements.
a.
In any case in which a developer installs or causes the installation
of water, sanitary sewer, storm sewer, electrical power, telephone,
cable television, or other facilities outside a public street right-of-way,
and intends that such facilities shall be owned, operated, or maintained
by a public utility or any entity other than the developer, the developer
shall transfer to such utility or entity the necessary ownership or
easement rights to enable the utility or entity to operate and maintain
such facilities upon their completion and acceptance by the utility
or entity. Such easements shall be clearly indicated on the final
subdivision plat or special easement plat.
b.
Where possible, easements should be located along rear and side lot
lines. Such easements shall not be less than ten (10) feet in width,
which may be divided evenly between abutting properties.
2.
Storm Drainage Easements.
a.
Storm drainage easements may be required for the proper drainage
within and through a development. Wherever a subdivision is traversed
by a watercourse, drainage channel, or stream, there shall be provided
a drainage easement which shall be for the purpose of widening, straightening,
improving, and maintaining such drainageway. The width of the drainage
easement shall be as necessary for the access and maintenance of the
drainageway or as required by the MSD.
b.
Access easements shall be established as necessary to provide an
unobstructed route to the storm drainage easement area for maintenance
equipment. Separately designated access easements shall not be less
than twenty (20) feet or as specified by the MSD.
H.
Design Standards: Utilities.
1.
Underground Wiring Required. All electric, lighting, telephone, and
cable television distribution lines shall be installed underground,
except those feeder lines necessary to serve the development and in
locations approved by the Director of Public Works. Switching enclosures,
pad-mounted transformers, and service pedestals may also be installed
above ground. The Board of Aldermen may approve, upon recommendations
from the Planning Commission, aboveground installations in whole or
in part for developments, only when a request is submitted by the
developer with documentation that supports the impracticability of
installing such utility lines underground.
2.
Water Facilities.
a.
The developer shall secure water service to each lot within the development
for the purpose of providing sufficient potable water supply and fire
protection.
b.
The developer shall arrange for installation of water mains. Fire
hydrants shall be located and installed in accordance with specifications
established by the City Fire Marshal.
3.
Sanitary And Storm Sewers.
a.
Adequate sanitary sewer collection lines shall be provided and accessible
to each lot. All sanitary sewers, sanitary sewer connections, manholes,
and other sanitary sewer installations serving the development shall
comply with MSD design standards and design standards established
by the Director of Public Works. In instances where there are differences
between MSD standards and those established by the Director of Public
Services, the most restrictive standard shall apply. The developer
shall be responsible for installing all required building service
connections.
b.
Every development shall be designed to control stormwater runoff.
All storm sewers, storm sewer connections, detention/retention facilities,
and other storm drainage improvements shall comply with MSD design
standards and design standards established by the Director of Public
Services. In instances where there are differences between MSD standards
and those established by the Director of Public Works, the most restrictive
standard shall apply.
c.
Within the C-1 and M-1 Zoning Districts, all storm drainage detention
facilities shall be installed underground.
d.
In residential developments, drainage/retention facilities and land
area required to provide access to such facilities shall be located
within common ground. Drainage detention facilities or other storm
drainage facilities that will not be maintained by the MSD shall be
conveyed to the trustees of the subdivision for maintenance purposes,
in accordance with this Chapter.
e.
In single-lot developments, drainage detention facilities or other
storm drainage facilities that will not be maintained by the MSD shall
be maintained by the property owner.
f.
Drainage discharge. All drainage provisions shall be of such design
as to carry surface waters to the nearest practical storm drain, natural
watercourse or street, as approved by the Director of Public Works.
The finished grade of sites, one (1) acre or greater in area, from
which all or a portion will drain into a natural and improved drainageway,
shall be so designed so that stormwater runoff is intercepted by diversion
swales or area inlets, and lowered to a stable outlet constructed
of concrete, riprap, pipe or other techniques required by MSD or as
specified by the Director of Public Works. The rate of discharge of
surface water runoff shall be in accordance with the requirements
of MSD, except that the Director of Public Works may require a more
restrictive discharge rate in areas where flash flooding, bank erosion
or other chronic stormwater drainage problems exist.
4.
Other Utilities. The design and installation of other utilities (e.g.,
electric distribution, gas mains and services, telephone, and cable
television) shall be provided at a service level necessary for the
development of, and in accordance with, the specifications, approval,
and inspection requirements of the applicable utility company.
I.
Design Standards: Lighting. All public streets and sidewalks in subdivisions
shall be sufficiently illuminated to promote the security of property
and the safety of persons using such streets, sidewalks, or other
common areas or facilities. Effort shall be made to provide uniform
surface illumination so as to avoid dark spots or areas having significantly
less light than the average illumination. Without limiting the generality
of the foregoing standard, the following minimum standards shall apply:
1.
Decorative streetlight standards for residential districts. All streetlight
standards and fixtures within residential developments shall be of
Early American style (Union Electric Stock No. 38-01-517 or No. 38-01-518
or equivalent), except where other light standards and fixtures may
be necessary for increased lighting levels and coverage. All light
standards and fixtures shall be subject to the approval of the Director
of Public Services.
2.
Illumination. Streetlight fixtures shall be light emitting diodes
(LED). In residential districts, each fixture shall have a minimum
nine thousand five hundred (9,500) lumen output, except that a higher
lumen output may be required where determined necessary by the Director
of Public Works. In residential districts, the maximum initial illumination
level, five (5) feet above the base of the light source, shall be
no greater than three (3) foot-candles, except at street intersections
requiring higher illumination levels. In non-residential districts,
each fixture shall have twenty-five thousand five hundred (25,500)
lumen output. Consideration shall be given to the lighting quality
and color predominantly used in that neighborhood, district, or immediate
area.
3.
Height. The lighting source shall not be less than fifteen (15) feet
nor greater than twenty-five (25) feet above grade, except as may
be required for major streets and highways.
4.
Location.
a.
General. Streetlights shall be provided at each intersection of a
street within the subdivision, on street frontage between intersections,
at each intersection of a street with a sidewalk or pedestrianway,
and at each cul-de-sac turnaround. Light standards shall not be located
within three (3) feet of the back of the street curb. Where sidewalks
are required, streetlight standards shall be located between the sidewalk
and the street curb. Variations to the latter two (2) requirements
may be approved by the Director of Public Works so long as proper
illumination is achieved without impairing pedestrian and vehicular
traffic safety.
b.
Residential Subdivisions. Residential streets shall have streetlights
installed at a maximum spacing of two hundred (200) feet.
c.
Non-Residential Subdivisions. Non-residential streets shall have
streetlights installed at a maximum spacing of two hundred fifty (250)
feet.
5.
Installation Expense, Maintenance And Operation. Streetlights shall
be installed at the expense of the developer. Upon acceptance of streets
for maintenance by the City, the City will assume financial responsibility
for the ensuing electric charges for streetlights located in City
street rights-of-way. All other lighting expenses shall be the responsibility
of the property owner or the owners in common. In the latter case,
the trust indenture, or similar instrument, as required in this Article,
shall provide for the assessment and collection of moneys necessary
for the operation of the common lighting system.
K.
Design Standards: Access For Common Land Maintenance. Whenever areas
designated and platted as common land contain facilities for retention
basins or recreational uses, and for which periodic maintenance requires
the use of heavy equipment, access to the common land shall be of
sufficient width and reasonably graded to permit access of such maintenance
equipment.
L.
Design Standards: Exceptional Development Constraints And Testing.
1.
Exceptional Development Constraints. Where there is a question as
to the suitability of a proposed subdivision of land, or portion thereof,
for its intended use, due to factors such as steep slopes, rock, soil
conditions, high water table, flood conditions or other adverse natural
physical conditions, the Director of Public Works may require test
borings or other engineering investigations to determine the severity
of such conditions. The Director of Public Works may withhold approval
of improvement plans until engineering or other relevant studies are
conducted by the applicant and are presented to the Director of Public
Services which establish that the methods proposed to alleviate any
such conditions are adequate to avoid any danger to public health,
safety, welfare, or proposed improvements or structures. The Director
of Public Services may impose conditions on any applicable permit
to ensure that the necessary measures are taken to solve the problems
created by unsuitable land conditions.
2.
Construction Testing. The Director of Public Works may require that
the developer take concrete cylinder or core samples and have laboratory
tests conducted on same, and present same to the Director of Public
Services, for street and sidewalk pavements to ensure compliance with
design and construction requirements.
M.
Design Standards: Permanent Markers.
1.
Survey Monuments. All subdivision boundary corners and the four (4)
corners of all street intersections shall be marked with monuments.
Such monuments shall be constructed in accordance with the Standards
of Missouri Board for Architects, Professional Engineers and Land
Surveyors and Department of Natural Resources.
2.
Benchmark. A permanent benchmark shall be accessibly placed, the
elevation of which shall be based on USGS datum, and accurately noted
on the final plat.
N.
Design Standards: Water Discharge.
1.
For all sites, water and drainage provisions shall be designed to
carry waters to the nearest practical storm drain, natural watercourse,
or street. For sites one (1) acre or greater in area, the finished
grade shall be designed so that stormwater runoff is intercepted by
diversion swales or stormwater inlets and conveyed to a stable outlet
constructed of concrete, riprap, pipe or other designed techniques
required by MSD. Sites one (1) acre or greater in area must be approved
by MSD.
2.
The rate of discharge of surface water runoff shall be in accordance
with the requirements of MSD, except that the Director of Public Works
may require a more restrictive discharge rate in areas where flash
flooding, bank erosion or other chronic stormwater drainage problems
exist.
3.
Water shall not be directed through a pipe, culvert, hose, spout,
or drain which discharges within ten (10) feet of an abutting property
line or right-of-way line. The following are exceptions to this prohibition:
4.
Increased water discharges due to an increase in the amount of impervious
cover on the site must be discharged into a stormwater management
basin or rain garden to ensure that there is not an increase in peak
discharge rates. Stormwater management basins and rain gardens shall
be in accordance with the following requirements. Sites one (1) acre
or greater in area, and all non-residential sites, shall comply with
stormwater management regulations adopted by MSD, as amended. Residential
sites less than one (1) acre in area shall comply with stormwater
management and rain garden standards adopted by the Missouri Botanical
Garden, as amended, and be approved by the Director of Public Works.
[Amended 9-14-2021 by Ord. No. 5183]
[R.O. 1985 § 26-45; 1-12-2021 by Ord. No. 5119]
An approved recorded plat may be vacated in accord with the
procedures set forth in this Section.
A.
Methods.
1.
After recording an approved plat, it may be vacated by the owner
of the land at any time before the sale of any lot therein, by a written
petition to the Board of Aldermen, to which a copy of the plat is
attached, indicating the area to be vacated.
2.
When lots have been sold, but no buildings constructed thereon, the plat may be vacated in the manner provided in Subsection A.1, above, by all the owners of lots in the plat joining in the execution of a written petition.
3.
The petition shall be filed, together with the required filing fee, with the City Clerk, who shall give notice of the pendency of the petition in a public newspaper in the same manner as set forth in Article III, Applications And Procedures, Section 26-8, Common Procedures For All Applications, Subsection E, Notice, of this Chapter.
4.
If no opposition is made to the petition, the Board of Aldermen may
vacate the same with such restrictions as it may deem necessary for
the public good. If opposition is made, the petition shall be set
down for a public hearing before the Board of Aldermen.
5.
The Board of Aldermen may vacate any City-dedicated right-of-way,
or part thereof, in a manner prescribed by law and upon determining
that the public interest will be served by such action.
B.
Recording. The petitioner or petitioner's representative for plat
vacation shall record the plat according to Section 26-43, Final
(Record) Plat, Subsection C, Recording Of Plat, and be required to
comply with the same requirements as set forth in this Chapter.
[R.O. 1985 § 26-46; 1-12-2021 by Ord. No. 5119]
The provisions of this Section provide requirements related to display units and boundary adjustments. Applications in this Section shall be made in compliance with Article III, Applications And Procedures, Section 26-8, Common Procedures For All Applications, Subsection A.1, 2 and 3.a, regarding applications and fees.
A.
Dwelling Unit Display Procedure: Purpose And Intent. The purpose
of this Section is to provide a procedure whereby the construction
of display dwelling units can begin prior to the recording of the
final subdivision plat.
B.
Dwelling Unit Display Procedure: Limitation On Number Of Display
Units. There shall not be more than three (3) display dwelling units
for subdivisions proposing fewer than twenty (20) lots or units. One
(1) additional display dwelling unit will be permitted for every twenty
(20) lots or units, or fraction thereof beyond twenty (20). The total
number of display dwelling units shall not exceed ten (10).
C.
Dwelling Unit Display Procedure: Review And Approval Procedure. Subsequent
to the Planning Commission approval of the preliminary plat, the developer
may submit to the Director of Public Works a display plat, and improvement
plans associated with same, for review by the Director.
1.
Display Plat. The display plat shall include a complete out boundary
survey of the proposed subdivision of land, and the location of each
display dwelling unit in relation to the proposed lots, including
location of easements and building setback lines. The term "DISPLAY
PLAT" shall be prominently displayed on the plat drawing.
2.
Improvement Plans. The applicant shall submit improvement plans for
the improvements required to serve the display dwelling units. The
submittal requirements shall be in accordance with Section 26-42,
Improvement Plans, as applicable to the display plat lots or units.
3.
Approval Required. No grading permit, construction improvement permit,
or building permit shall be issued for any development activity associated
with a display plat until the Director of Public Works has approved
and has affixed his/her signature and dated the original of such display
plat.
4.
Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in Article III, Applications And Procedures, Section 26-8H, Appeals. Appeal of the Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in Section 26-8H.
D.
Dwelling Unit Display Procedure: Other Requirements.
1.
The script on the display plat shall comply with the requirements
of the Director of Public Works, including, but not limited to, the
following:
a.
The display plat shall become null and void upon the recording of
the final (record) plat which establishes that each display dwelling
unit is on an approved lot.
b.
No part of the proposed subdivision may be conveyed, nor an occupancy
permit issued, for any display dwelling until the display dwelling
unit has been established on an approved lot.
2.
The display plat shall be executed by the owner and any lienholder.
3.
All improvements serving the display dwelling units shall be substantially
complete prior to the displays being open to the general public.
4.
If initial construction of improvements or display dwelling units
has not commenced within ninety (90) days of approval by the Director
of Public Services, such approval shall lapse and the display plat
shall be null and void.
5.
A final plat for the display plat portion of the subdivision, or
the entire subdivision, shall be submitted, in accordance with Section 26-43A
and B, Final (Record) Plat, within one (1) year of approval of the
display plat, by the Director of Public Works. The developer may request
a time extension and the Board of Aldermen may approve an extension,
upon recommendation of same from the Planning Commission. If the final
plat is not filed within the required time period or approved extension
thereof, the then-owner shall remove or cause to be removed all display
dwelling units from the property. Failure of the owner within one
(1) year plus thirty (30) days of approval shall constitute the granting
of authority of the City to remove or cause to remove the display
dwelling units to be removed, the cost of which shall be borne by
the owner and shall become a lien against the property.
6.
The original copy of the approved display plat shall be filed in
the office of the City Clerk and a copy of same filed in the office
of the Director of Public Works.
E.
Boundary Adjustments: Purpose And Intent. The purpose of this Section and Subsections F and G is to allow adjustments to be made to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of building sites or to bring non-conforming lots of record into compliance with Article IV, Zoning Districts And Use Standards, Section 26-16, Standards Applicable To All Districts. It is not intended that extensive replatting be accomplished by use of this Section and Subsections F and G.
F.
Boundary Adjustments: Criteria.
G.
Boundary Adjustments: Procedure.
1.
Boundary adjustment plats should submit forms in compliance with Article III, Applications And Procedures, Section 26-8, Common Procedures Or All Applications, Subsection A.1, 2 and 3.a, regarding applications and fees.
2.
The boundary adjustment shall be accomplished by plat and must include
an adequate legal description of the boundaries of the original lots
and of the adjusted lots.
4.
The boundary adjustment plat shall be submitted to the Director of
Public Services for review. The Director shall approve or disapprove
the boundary adjustment. In the case of approval, the Director shall
issue a certificate indicating his/her approval of the boundary adjustment.
In the case of disapproval, the Director shall indicate, in writing,
the reasons for such disapproval.
5.
Appeal. Appeal of staff's decision can be made to the Planning, Zoning, and Architectural Review Commission in accordance with the procedures outlined in Article III, Applications And Procedures, Section 26-8H, Appeals. Appeal of the Planning, Zoning, and Architectural Review Commission's decision can be made to the Board of Aldermen in accordance with the procedures outlined in Section 26-8H.
6.
The boundary adjustment plat, and the certificate of approval of
same, shall be recorded at the office of the St. Louis County Recorder
of Deeds within sixty (60) days of approval. If said plat and/or deeds
and certificate of approval are not recorded within this period, the
approval shall expire.
7.
Following the recording of the boundary adjustment documents, one
(1) original copy of the plat, bearing the County Recorder's signature,
seal, and notation of plat book and page, shall be returned to the
Director of Public Works.
[R.O. 1985 § 26-47; 1-12-2021 by Ord. No. 5119]
The purpose of this Section is to provide for administration
and enforcement of this Article.
A.
Fees, Charges, And Expenses. The Board of Aldermen shall establish
a schedule of fees, charges, and expenses, and a collection procedure
for plat and improvement plan review, permits, inspections, and other
matters pertaining to this Article. Such fees are in addition to any
other fees required by other agencies or utility companies. The schedule
of fees shall be posted in the office of the Director of Public Works
and may be amended only by the Board of Aldermen. No plat or improvement
plan review shall be initiated, nor permits, waiver, or other approvals
be issued, unless or until such applicable fees, charges, or expenses
established by the Board have been paid in full. No action shall be
taken on proceedings before the Board of Aldermen unless or until
such fees have been paid in full.
C.
Permits: Improvement Construction.
1.
Applicability. Prior to the construction of improvements required
under this Article, an improvement construction permit shall be obtained
in accordance with this Section.
2.
Issuance. An improvement construction permit may be issued by the
Director of Public Works following approval of the improvement plans
in accordance with this Article.
D.
Duties Of Director Of Public Works. The provisions of this Article
shall be administered and enforced by the Director of Public Works,
who shall have the following duties and authority with respect this
Article:
1.
Shall serve as the administrative officer in charge of carrying out
the intent of this Article.
2.
May supplement the standards contained in this Article with additional
engineering design standards, as necessary to accomplish the purposes
and intent of this Article.
3.
May designate one (1) or more additional members of the Department,
as well as members of other City departments who have a particular
skill or competence, to act for the Director of Public Works, and
the term "Director of Public Works," as used elsewhere in this Article,
shall be deemed to include such deputies.
4.
May cause the cessation of any construction or reconstruction of
any land improvements which are in violation of this Article by issuing
a stop-work order.
5.
May refer any violation of this Article to the City Attorney for
prosecution or other appropriate action when deemed necessary.
6.
May adopt such administrative policies as necessary for carrying
out administration and enforcement responsibilities.
E.
Inspection Of Land And Improvements. The Director of Public Works
is authorized to inspect or cause to be inspected any land in the
City upon which any site grading or site improvements are proposed
or are in progress, so as to ensure the compliance with the provisions
of this Article. The Director or his/her designated representative
shall present proper identification upon demand when entering upon
any land or structure for purposes of this Article.
F.
Violations And Penalties.
1.
No property description of any subdivision within the jurisdiction
of this Article shall be entitled to be recorded in the office of
the County Recorder of Deeds or have any validity until it has been
approved in a manner prescribed in this Article. In the event that
any such unapproved property description is recorded, it shall be
considered invalid and the City Attorney may cause proceedings to
be instituted to have such plat or deed declared invalid.
2.
Any person, firm, association, or corporation violating any provision
of this Article, or any employee, assistant, agent, or any other person
participating or taking part in, joining, or aiding in a violation
of any provision of this Article, may be prosecuted as provided by
law for the violation of ordinances of the City.
3.
Any such person who, having been served with an order to remove any
such violation, fails to comply with the order within thirty (30)
days after such order, or continues to violate any provisions of the
regulations made under the authority of this Article in the respect
named in such order, shall also be subject to a civil penalty of two
hundred fifty dollars ($250).
4.
In addition to the penalties hereinabove authorized and established,
the City Attorney may take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Article.
G.
Waivers. When a developer or subdivider of land can show that a provision of this Article would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the Planning Commission, because of conditions peculiar to the site, the Board of Aldermen may grant a waiver or modification to the provisions of this Article. Any such waiver or modification thus approved shall be entered in the minutes of the Board of Aldermen meeting, and the reasoning on which the waiver or modification was justified shall be set forth. Approval of the waiver or modification shall be by ordinance, usually as part of the ordinance approving the final plat of the subdivision. Application for a waiver shall be made in the manner provided by Article III, Applications And Procedures, Section 26-8A, Applications And Fees. The Planning Commission shall review the request and make a recommendation to the Board of Aldermen. The Board of Aldermen may take any action outlined in Article III, Applications And Procedures, Section 26-8G, Action By Review Bodies.
H.
Amendments. The provisions of this Article may be amended from time to time by ordinance. Amendments shall be made in accordance with the procedures for text amendments as established by Article I, General Provisions, Section 26-3, Administration And Review Bodies, Subsection D, Board Of Adjustment, of this Chapter.
