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