[R.O. 2011 §405.010; Ord. No. 95-24 §1, 8-30-1995]
The owners of any land or lots as defined in this Chapter 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. 2011 §405.020; Ord. No. 95-24 §2, 8-30-1995]
For the purpose of this Chapter, certain terms and words are defined as follows:
- BUILDING LINE
- A line extending across the full width or depth of a lot parallel to a lot line.
- 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. 2011 §405.030; Ord. No. 95-24 §3, 8-30-1995]
Preliminary Approval By Village Planning And Zoning Commission.
Whenever the owner of any tract or parcel of land within the corporate limits of the Village of Twin Oaks 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 Village 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.
The Village Planning and Zoning Commission shall study such preliminary plat to see if it conforms with the minimum standards and requirements as outlined in this Chapter 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.
A certificate or statement shall accompany this preliminary and final plat or map, showing the compliance with the requirements under this Chapter.
The subdivider shall also submit to the Village 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 Chapter. 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 Village Planning and Zoning Commission.
Approval By The Board Of Trustees.
After approval of the subdivision by the Village Planning and Zoning Commission, it shall be submitted to the Board of Trustees 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.
If the Village Planning and Zoning Commission does not approve the final plan of the subdivision, the Board of Trustees may approve said plan and accept the public areas and easements thereon only by a four-fifths (4/5th) majority vote of the entire membership of the Board. Similarly, the Board of Trustees may reverse an affirmative decision of the Village Planning and Zoning Commission by a four-fifths (4/5ths) majority vote of the entire membership of the Board. Two (2) copies of all final plans shall be filed with the Village Administrator/Clerk after approval by the Board.
[R.O. 2011 §405.040; Ord. No. 95-24 §4, 8-30-1995]
Each subdivider of land should confer with the Village Planning and Zoning Commission or with the Village Officials before preparing the preliminary plat in order to become thoroughly familiar with the proposed comprehensive plan or with regulations of the Village affecting the territory in which the proposed subdivision lies.
Preliminary plan. In seeking to subdivide land, the owner shall submit seven (7) copies of a preliminary sketched plan to the Village 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.
Final plan. The final plan map on mylar and five (5) prints thereof shall be submitted to the Village Planning and Zoning Commission. It shall show:
The block, section, United States survey or part thereof, it purports to represent.
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.
The lines of adjoining streets and alleys, with their width and names.
All lot lines, building lines and easements with figures showing their dimensions.
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.
Radii, arcs and chords, points of tangency, central angles for all curvilinear streets, and radii for all rounded corners.
All monuments together with their descriptions.
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.
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.
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.
A certificate shall accompany the final plat showing that all taxes due shall have been previously paid.
[R.O. 2011 §405.050; Ord. No. 95-24 §5, 8-30-1995]
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 Village, it shall not be placed of record until it shall have been submitted to and approved by the Board of Trustees of the Village, by ordinance, duly passed and approved by the Chairperson, and such approval endorsed upon such map or plat under the hand of the Administrator/Clerk and the Seal of the Village, nor until all taxes against the same shall have been paid; and before approving such plat, the Board of Trustees 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 Village appertaining to the laying out and platting of subdivisions of land within their corporate limits.
[R.O. 2011 §405.060; Ord. No. 95-24 §6, 8-30-1995]
No subdivision plat shall be approved by either the Planning and Zoning Commission or by the Board of Trustees unless it conforms to the following minimum standards and requirements:
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.
Streets and alley widths.
All major through 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.
All minor streets shall have a forty-five (45) 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.
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.
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 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.
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 Village of Twin Oaks.
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.
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 Village 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.
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.
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 Village.
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 Village 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 Trustees. If the improvements are not completed within the specified time, the Board of Trustees 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:
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.
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 Trustees 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.
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 Trustees of Twin Oaks.
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 Trustees of Twin Oaks.
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 Trustees.
Before the final plan for the subdivision shall be approved, the subdivider shall submit to the Board of Trustees 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. 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 Trustees 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 Village be fully protected and the general intent and spirit of the regulations preserved.
[R.O. 2011 §405.080; Ord. No. 95-24 §8, 8-30-1995]
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.
The Board of Trustees of the Village 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.
Any person who deems himself/herself aggrieved by any final action of the Board of Trustees 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 Trustees.
[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 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.