City of St. Ann, MO
St. Louis County
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Table of Contents
Table of Contents

Section 405.010 Purposes.

The owners of any land or lots as defined in this Article who may desire to develop or subdivide the same for residential purposes, shall before undertaking such development or subdivision, comply fully with all of the following provisions.

Section 405.020 Definitions.

For the purpose of this Article, certain terms and words are defined as follows:
BUILDING LINE
A line on a plat between which line and street or private way no building or structures may be erected.
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 which he/she submits for approval and intends in final form to record as prepared by a Civil Engineer licensed or qualified by registration in the State of Missouri.
SUBDIVISION/SUBDIVIDE
A parcel of land divided into two (2) or more lots, or other divisions of land; it includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

Section 405.030 Approval and Acceptance.

A. 
Preliminary Approval By City Planning And Zoning Commission.
1. 
Whenever the owner of any tract or parcel of land within the corporate limits of the City of St. Ann wishes to make a subdivision of same, he/she shall cause to be prepared a preliminary plan of said subdivision and shall submit said preliminary plan and other information to the City Planning and Zoning Commission for its preliminary study and approval. The preliminary plan shall contain such information and data as is outlined in Section 405.040.
2. 
The City Planning and Zoning Commission shall study such preliminary plat to see if it conforms with the minimum standards and requirements as outlined in this Article and shall approve or reject such plat within sixty (60) days after the date of submission thereof to the Planning and Zoning Commission. If the Commission does not act within said period of sixty (60) days, the preliminary plat shall be deemed to be approved; provided however, that the subdivider may agree to an extension of the time for a period not to exceed sixty (60) days.
3. 
A certificate or statement shall accompany this preliminary and final plat or map, showing the compliance with the requirements under this Article.
4. 
The subdivider shall also submit to the City Planning and Zoning Commission, for its approval or rejection, a final plat of the subdivision which shall contain the data and information outlined in Section 405.040 of this Article. The final plat and plans relating to construction data shall be prepared and shall bear the signature and seal of a Civil Engineer licensed to practice professional engineering in the State of Missouri. If the Commission approves the plat, such approval and date thereof shall be noted on the plat over the signatures of both the Chairperson and Secretary of the City Planning and Zoning Commission.
B. 
Approval By The Board Of Aldermen.
1. 
After approval of the subdivision by the City Planning and Zoning Commission, it shall be submitted to the Board of Aldermen for final approval or rejection, and for acceptance or rejection of streets, sidewalks, sewers, alleys, ways, easements, parks, or other areas preserved for or dedicated to the public.
2. 
If the City Planning and Zoning Commission does not approve the final plan of the subdivision, the Board of Aldermen may approve said plan and accept the public areas and easements thereon only by a four-fifths (4/5) majority vote of the entire membership of the Board. Similarly, the Board of Aldermen may reverse an affirmative decision of the City Planning and Zoning Commission by a four-fifths (4/5) majority vote of the entire membership of the Board. Two (2) copies of all final plans shall be filed with the City Clerk after approval by the Board.

Section 405.040 Information Required on Preliminary and Final Plats.

A. 
Each subdivider of land should confer with the City Planning and Zoning Commission or with the City Officials before preparing the preliminary plat in order to become thoroughly familiar with the proposed comprehensive plan or with regulations of the City affecting the territory in which the proposed subdivision lies.
1. 
Preliminary plan. In seeking to subdivide land, the owner shall submit seven (7) copies of a preliminary sketched plan to the City Planning and Zoning Commission before submission of the final plat. The preliminary plan shall be drawn to scale and shall show the topography of the tract, the location of the proposed streets, lot lines, building lines and any parks or open spaces. The plan shall also show surrounding streets, lots, watercourses and sewers or water mains. The scale of such preliminary plans shall not be less than one (1) inch to one hundred (100) feet. The subdivider shall submit a statement of the type of character of the improvements that he/she proposes to install and an outline of the deed restrictions and covenants that will be placed upon the subdivision.
2. 
Final plan. The final plan map on mylar and five (5) prints thereof shall be submitted to the City Planning and Zoning Commission. It shall show:
a. 
The block, section, United States survey or part thereof, it purports to represent.
b. 
The boundaries of the property; the lines of all proposed streets and alleys with their width and names; and any other areas intended to be dedicated to public use.
c. 
The lines of adjoining streets and alleys, with their width and names.
d. 
All lot lines, building lines and easements with figures showing their dimensions.
e. 
All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area or of the lots, streets, alleys, easements and building line set-backs, and any other similar public or private uses. The linear dimensions shall be expressed in feet and decimals of a foot.
f. 
Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.
g. 
All monuments together with their descriptions.
h. 
Title and description of property subdivided, showing its location and extent, points of compass, scales of plans and name of subdivider and of engineer staking the lots.
i. 
Plan and profile of all streets, storm and sanitary sewers, water lines and drainage structures together with their drainage area, cross sections of street and sidewalk gradients and proposed construction.
j. 
Any private restrictions and trusteeships of expiration or reference made to them on the plat; the plat shall contain proper acknowledgements of owners and mortgagees accepting said plat and restrictions.
k. 
A certificate shall accompany the final plat showing that all taxes due shall have been previously paid.

Section 405.050 Plat to Be Acknowledged and Recorded — Acceptance by City.

Such map or plat shall be acknowledged by the owner before some official authorized by law to take acknowledgments of conveyances of real estate, and recorded in the office of the Recorder of Deeds of St. Louis County provided however, that if such map or plat be of land situated within the corporate limits of the City, it shall not be placed of record until it shall have been submitted to and approved by the Board of Aldermen of the City, by ordinance, duly passed and approved by the Chairperson, and such approval endorsed upon such map or plat under the hand of the Clerk and the Seal of the City, nor until all taxes against the same shall have been paid; and before approving such plat, the Board of Aldermen may, in its discretion, require such changes or alterations thereon as may be found necessary to make such map or plat conform to any zoning or street development plan which may have been adopted or appear reasonably related to the requirements of the duly enacted ordinances of the City appertaining to the laying out and platting of subdivisions of land within their corporate limits.

Section 405.060 Minimum Standards of Design and of Development.

[Ord. No. 2144 §1, 8-7-2000]
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 improvements.
a. 
All streets shall have a fifty (50) 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. 
Alleys shall not be provided in residential districts.
c. 
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 cul-de-sacs shall have a circle at the end with a minimum of sixty (60) feet turning radius.
d. 
Adequate provision shall be made in non-residential subdivisions for off-street parking areas in accordance with minimum standards and requirements of the City.
e. 
Street pavement shall be concrete or asphaltic concrete, as approved by the Director of Public Works. Curbs and gutters shall be concrete. The Director shall designate the maximum and minimum slope of streets.
3. 
Easements.
a. 
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 and utility lines. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and utilities.
b. 
Whenever any creek, stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at its 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 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. 
Sidewalks.
a. 
Requirements.
(1) 
Except as provided for herein, sidewalks shall be required along both sides of any street within a subdivision, including around any cul-de-sac.
(2) 
Sidewalks may be required elsewhere within a subdivision to provide access to parks, schools, common land or similar areas, when the Director of Public Works finds that such sidewalks are necessary to promote public safety.
(3) 
Sidewalks shall be constructed in accordance with the specifications established by the Director of Public Works. The minimum requirements for sidewalks shall be as follows:
(a) 
Residential sidewalks 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 subdivisions shall be four (4) feet.
(b) 
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 subdivisions shall be four (4) feet.
(c) 
Sidewalks shall be handicapped accessible.
b. 
A developer may request a waiver from the requirement for sidewalks. The Director of Public Works shall provide a report on such request. The Commission may recommend and the Board of Aldermen may approve a waiver in the following cases:
(1) 
Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions may make the installation and use impractical.
(2) 
Where the applicant has submitted an alternative sidewalk plan that provides for more direct and safer movement of pedestrian traffic.
5. 
Street lighting.
a. 
Streets in residential subdivisions shall have lights at a maximum spacing of two hundred (200) feet.
b. 
Streets in non-residential subdivisions shall have lights at a maximum spacing of two hundred fifty (250) feet.
6. 
Sanitary and storm sewers. All sanitary sewers and storm sewers shall conform with the requirements of the Metropolitan St. Louis Sewer District, and the plans therefor shall be approved by the Metropolitan St. Louis Sewer District.
7. 
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.
8. 
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.
9. 
Street names. Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets. Before the final plat for the subdivision shall be approved, the subdivider shall submit to the Director of Public Works a statement from the local Postmaster approving the name of the proposed streets and of the proposed system of postal addresses along such streets.
B. 
After a preliminary plat has been approved, the developer shall submit to the Director of Public Works the improvement plans for the subdivision improvements, which shall be prepared, signed and sealed by a registered professional engineer. Copies of the street plans shall be distributed to the Fire Marshal of the fire district in which the area is located. The developer shall provide evidence to the Director of Public Works of the approval, or agreement to install improvements, from the utility companies, the Metropolitan St. Louis Sewer District and such other public agencies, whose approval is required. Upon determination by the Director of Public Works that the improvement plans satisfy the requirements as the subdivision regulations, such plans shall be stamped as approved and dated.

Section 405.070 Variations and Exceptions.

Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the Planning and Zoning Commission and Board of Aldermen of St. Ann 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.

Section 405.080 Enforcement.

A. 
No plat of any subdivision shall be entitled to record 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 St. Ann 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 the adoption of this Chapter, 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.

Section 405.090 Penalty.

Any owner violating the provisions of this Article is guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by confinement in the County jail for not more than one (1) year, or by both such fine and confinement.

Section 405.100 Fees.

[Ord. No. 2393 §5, 10-4-2005]
Before any action shall be taken as provided in this Section, the party proposing or recommending a change in the district regulations or district boundaries, a resubdivision or a special use permit shall deposit with the City, to cover the approximate cost of the procedure, a fee in the following amount for each rezoning or resubdivision, special use permit or modification sought, based upon the acreage of the subject property.
Acreage
Fee
1.0 or less
$250.00 (minimum)
1.1 to 2
$300.00
2.1 to 3
$350.00
3.1 to 4
$400.00
4.1 to 6
$450.00
6.1 to 8
$500.00
8.1 to 10
$550.00
10.1 to 20
$600.00
20.1 to 30
$650.00
30.1 to 40
$700.00
40.1 to 50
$750.00
50.1 to 60
$800.00
60.1 to 70
$850.00
70.1 to 80
$900.00
80.1 to 90
$950.00
100 plus
$1,000.00

Section 405.110 Definitions.

[Ord. No. 1870 §1, 4-1-1996; Ord. No. 2393 §5, 10-4-2005]
As used in this Article, the following terms shall have the meanings set out herein:
DEVELOPER
A person, firm or corporation undertaking the subdivision of land in the City.
DIRECTOR
The Director of Public Works or his/her designee.
SUBDIVISION IMPROVEMENTS
Street pavement, sidewalk pavement, water mains, storm sewer facilities, sanitary sewer facilities, signs, survey monuments, landscaping, street lighting and similar items provided by the developer of a subdivision.

Section 405.120 Completion of Improvements and Completion Deposits.

[Ord. No. 1870 §2, 4-1-1996; Ord. No. 2144 §2, 8-7-2000; Ord. No. 2393 §5, 10-4-2005]
A. 
After the improvement plans for a subdivision have been approved, but before approval of the final subdivision plat, the developer shall guarantee the completion of all subdivision improvements. The developer shall deposit cash under a deposit agreement with the City to guarantee the construction, completion and installation of the required improvements within two (2) years of the adoption of an ordinance approving the final subdivision plat.
B. 
No deposit or guarantee 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.

Section 405.130 Deposit Agreement.

[Ord. No. 1870 §3, 4-1-1996; Ord. No. 2144 §3, 8-7-2000; Ord. No. 2393 §5, 10-4-2005]
A. 
The deposit agreement shall provide that there shall be deposited with the City a cash amount not less than the estimate of the cost of the construction, completion and installation of the improvements indicated on the approved improvement plans and approved by the Director.
B. 
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 approved improvement plans.

Section 405.140 Reduction of Completion Deposit Release.

[Ord. No. 2144 §4, 8-7-2000; Ord. No. 2393 §5, 10-4-2005]
A. 
Partial releases of the cash deposit shall be made as follows:
1. 
Reduction. The Director shall partially release the cash deposit within thirty (30) days of completion of a 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 authority and determination by the Director that such category of improvement has been completed in accordance with the applicable standards of the subdivision regulations.
2. 
Release of balance. The subdivision developer shall be responsible for any defects, deficiencies and damage to the required improvements until completion of the construction of all of the homes in the subdivision. The remaining funds from the cash deposit shall be held until such time as the construction of the homes in the subdivision has been completed and all of the required improvements have been constructed in accordance with the provisions of the subdivision regulations. If defects or deficiencies are found on inspection, same shall be corrected by the developer prior to the release of the remaining funds.

Section 405.150 Failure to Complete Improvements.

[Ord. No. 1870 §5, 4-1-1996; Ord. No. 2393 §5, 10-4-2005]
A. 
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, the Director shall request the developer to show cause, within not less than ten (10) days, why the City should not declare the developer in default. If the developer fails to cure any default or present compelling reason why no default should be declared, the Director shall declare the developer in default and may take any of the following actions:
1. 
Require the developer to submit an additional cash sum sufficient to guarantee the completion of the required improvements after recalculation in order to allow for increased costs of constructing the improvements.
2. 
Declare the balance under the deposit agreement not previously released as forfeited to the City, to be used to bring about the completion of the required improvements.
B. 
If the Director determines that forfeiture of the remaining deposit will be insufficient to complete the required improvements and if the developer fails to submit an additional cash sum, the Director may suspend the right of anyone to build on the undeveloped portion of the subdivision. For the purpose of this provision, 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 shall give the developer ten (10) days' written notice of an order under this Subsection and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after such notice is given, the Director has not determined by compelling evidence that completion of the improvements is adequately assured, the Director shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer and a copy recorded with the Recorder of Deeds. Notice of such order shall be prominently posted on the lots subject to such order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director:
1. 
If such notice is for the entire subdivision:
This subdivision has been declared in default by the Director of Public Works of the City of St. Ann. No development, construction, building or demolition in any manner shall take place within the limits of this subdivision until such time as the 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 such violation shall be prosecuted pursuant to the St. Ann Municipal Code.
2. 
If such notice is for a lot or lots:
This lot has been declared in default by the Director of Public Works of the City of St. Ann. No development, construction, building or demolition in any manner shall take place on this lot until such time as the 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 such violation shall be prosecuted pursuant to the St. Ann Municipal Code.
The suspension shall be rescinded in whole or in part only when the Director has determined that completion of the improvements is adequately assured in all or in appropriate part of the subdivision.

Section 405.160 Penalty for Violation.

[Ord. No. 1870 §6, 4-1-1996; Ord. No. 2393 §5, 10-4-2005]
Any person, firm, association or corporation violating any of the provisions hereof shall be prosecuted and subject to all penalties provided by law for the violation of City ordinances.