[R.O. 1998 § 405.010]
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.
[R.O. 1998 § 405.020]
For the purpose of this Article,
certain terms and words are defined as follows:
A line on a plat between which line and street or private
way no building or structures may be erected.
Any person, corporation, partnership or other business entity
owning fee title or possessing a superior right to develop and/or
subdivide.
A map, drawing or chart on which the subdivider's plan of
the subdivision is presented, and 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.
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.
[R.O. 1998 § 405.030]
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.
[R.O. 1998 § 405.040]
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 setbacks, 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.
[R.O. 1998 § 405.050]
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.
[R.O. 1998 § 405.060; 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 right-of-way
fifty (5) feet 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 culs-de-sac shall have a circle at the end with a
minimum of sixty-foot 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 Services.
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 Services
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 Services. 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 Services
shall provide a report on such request. The Commission may recommend
and the Board of Aldermen may approve a waiver in the following cases:
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 Services 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 Services 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 Services 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 Services that the improvement plans satisfy the requirements
as the subdivision regulations, such plans shall be stamped as approved
and dated.
[R.O. 1998 § 405.070]
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.
[R.O. 1998 § 405.080]
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.
[R.O. 1998 § 405.090]
Any owner violating the provisions of this Article is guilty of an ordinance violation and upon conviction thereof shall be punished as set forth in Section 100.220 of this Code.
[R.O. 1998 § 405.100; 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
|
[R.O. 1998 § 405.110; 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:
A person, firm or corporation undertaking the subdivision
of land in the City.
The Director of Public Services or his/her designee.
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.
[R.O. 1998 § 405.120; 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 Metropolitan
St. Louis Sewer District confirms that its requirements for assurance
of completion are satisfied.
[R.O. 1998 § 405.130; 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.
[R.O. 1998 § 405.140; 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.
[R.O. 1998 § 405.150; 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-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 Services 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 Services 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 Services 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 Services 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.
[R.O. 1998 § 405.160; 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.
