[Ord. No. 69 §I, 7-5-1960]
For the purpose of this Chapter, certain terms and words are herewith defined as follows:
- APPROVED STREET
- A way for vehicular traffic, including any designated as a freeway, highway, boulevard, parkway or however otherwise designated, which has been duly accepted for maintenance by the Missouri State Highway Commission, the St. Louis County Council, or the Board of Aldermen of the City of Manchester, or a private street improved to the standards of this Chapter.
- BOARD OF ALDERMEN
- Board of Aldermen of the City of Manchester, Missouri.
- BUILDING LINE
- A line on a plat or on the City Plan between which line and street or private place no building or structures may be erected.
- BUILDING OFFICIAL
- The Planning and Zoning Administrator or his/her designee.
- CITY PLAN
- A plan or plans adopted by the Commission and Board of Aldermen as part of this Chapter and deposited with the Clerk of the City of Manchester, showing the plan of development of major streets, schools, parks, open spaces, public grounds and similar facilities within the corporate limits of the City of Manchester and the areas of future growth.
- COLLECTOR STREET
- A street which carries or is proposed to carry traffic from minor streets to major streets, including the principal entrance street of a subdivision, streets serving seven hundred fifty (750) or more dwelling units, or streets designed and located to collect traffic from four (4) or more residential streets, or streets of this character which are designated as collector streets on the City Plan.
- City Planning and Zoning Commission of the City of Manchester, Missouri.
- FRONTAGE ROAD
- A street running parallel to and adjacent to a major street intended to provide access to abutting properties and protection from through traffic.
- MAJOR STREET
- A street of substantial continuity which serves or is intended to serve fast or large volumes of traffic and is designated on the City Plan as a major street.
- MINOR STREETS
- A street used primarily for access to abutting property in the form of a cul-de-sac or short loop street. Future minor streets are not shown on the City Plan.
- A map, chart or drawing to scale of a tract of land to be subdivided showing such information as required elsewhere in this Chapter.
- RESIDENTIAL STREET
- A street used primarily for access to abutting property and to minor streets. Residential streets are continuous to afford good circulation but are not intended to collect traffic or serve large volumes of traffic. Future residential streets are designated on the City Plan.
- The division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other division of land for the purpose of either immediate or future sale or of building development. It also includes resubdivision of land or lots.
[Ord. No. 69 §II, 7-5-1960]
All plats, plans and other material submitted by subdividers shall be filed with the Building Official and Inspector who shall present them to the Commission, Board of Aldermen and Building Official for their consideration and action as required by this Chapter. Every subdivision of land within the City of Manchester shall be by recorded plat rather than metes and bounds description, and no subdivision of land shall be made except according to the requirements and procedures of this Chapter.
A preliminary plat of a tract or parcel of land proposed for subdivision shall be submitted in ten (10) copies to the Commission for its study and approval in such form and along with such other information as may be required by Section 415.030 of this Chapter. Such tract or parcel of land shall be within the City of Manchester or annexation to the City shall have been requested.
The Commission shall review the preliminary plat against the requirements of Section 415.050 of this Chapter and other ordinances of the City of Manchester, the City Plan and against the existing and future physical environs of the proposed subdivision.
The Commission shall accept or reject the preliminary plat within sixty (60) days after its submission to the Commission and failure to accept or reject the preliminary plat shall be deemed approval by the Commission, provided that the applicant may agree to an extension of the time for a period not to exceed thirty (30) days.
The action of the Commission shall be noted on two (2) copies of the preliminary plat along with the initials of the Chairman or Secretary of the Commission. Approval may be subject to conditions and such conditions shall be attached to both copies. One (1) copy shall be returned to the subdivider and one (1) copy shall be retained by the Commission.
Grading And Improvements. Tree removal, grading or improvements shall not be started until the preliminary plat has been approved. Approval of the preliminary plat is an authorization to prepare the final plat, complete engineering designs and commence grading and improvements, but shall not constitute approval of the subdivision for recording, the sale of lots, or any other purpose.
The subdivider shall also submit to the Commission, for its approval or rejection, a final plat of the subdivision which shall contain the data and information outlined in Section 415.030 of this Chapter. The final plat and plans, relating to construction data, shall be prepared and shall bear the signature and seal of an engineer licensed to practice professional engineering in the State of Missouri. If the Commission approves the final plat, such approval and date thereof shall be noted on the tracing cloth over the signature of both the Chairman and the Secretary of the Commission.
After approval of the subdivision by the Building Official and the Commission, it shall be submitted to the Board of Aldermen for final approval or rejection and for acceptance or rejection of streets, ways and other areas preserved for or dedicated to the public.
Two (2) copies of all final plats shall be filed in the office of the City Clerk after approval by the Board of Aldermen.
[Ord. No. 69 §III, 7-5-1960]
Each subdivider of land should confer with the Building Official or with other City Officials before preparing the preliminary plat to become familiar with the proposed City Plan and with ordinances or policies affecting the territory in which the proposed subdivision lies.
The preliminary plan shall be drawn to scale and shall show the topography of the tract, the location of proposed streets, lot lines, building lines, sidewalks, street lights and any open spaces. All parks, open space, streets, building lines, or other physical features indicated on the City Plan for the lot or tract to be subdivided shall be shown on the preliminary plat, as well as parks, open space, or other areas proposed to be set aside by the subdivider. The plan shall also show immediately surrounding streets, lots, watercourses and sewers or water mains. The scale of such preliminary plans shall not be more than two hundred (200) feet to one (1) inch. The subdivider shall submit a statement of the type or 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.
Landscaping plans and proposed limits on the location and intensity of signs, advertising and off-street parking shall be included in the case of a proposed subdivision for industrial or commercial use.
Final Plat. The final plat on tracing cloth and additional prints thereof as required by the Commission shall be submitted to that body. It shall show:
The boundaries of the property; the lines of all proposed streets with their width and names; and any other areas intended to be dedicated to public use or to be set aside for the common use of lot owners.
The lines of adjoining streets 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, 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.
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, as well as elevations related to sea level datum.
Proper acknowledgments of owners and mortgagees accepting said plat and restrictions or reference thereto. The following material shall also be presented with the final plat:
Certificates of title and description of property subdivided showing its location and extent, points of compass, scale of plan and name of subdivider and of surveyor 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 grading and proposed constructions. Plans shall show the lines of all proposed sidewalks and the location of all proposed street lights.
Copies of indentures containing restrictions and establishing trusts, unless these items are set out in full on the final plat.
A certificate that all taxes due have been paid.
A certificate by the surveyor or engineer stating that all lots conform to the requirements of the zoning district in which it is located.
A plan of the subdivision showing the floor elevation, floor plan and sitting of each building, as well as a description of the exterior materials and colors, type of carport or garage, height and type of roof, number and size of windows, fences and landscaping.
[Ord. No. 69 §IV, 7-5-1960]
A plan or plans showing future streets, right-of-way, street widening, cross-sections of streets, private parks and open spaces, sites for parks; schools or other public uses; natural drainage areas, historic buildings or sites, building lines, or other features which are to be incorporated into new subdivisions shall be prepared by the Commission, adopted by the Planning and Zoning Commission, and amended or added to as required, all according to the procedures for adopting and amending this Chapter, and such City Plan shall be incorporated into this Chapter and be a part of this Chapter in graphic form. All proposed subdivisions shall be reviewed against the standards and requirements of the City Plan.
All streets, parks, open space or other features or standards of the City Plan applicable to a tract or parcel of land proposed to be subdivided shall be included in the plat of such subdivision substantially as shown on the City Plan. Refinements and modifications of the features required by the City Plan may be approved by the Commission when this will improve the design of the subdivision and further the purposes of the City Plan.
The approved City Plan with all amendments thereto shall be signed by the Mayor and City Clerk and filed with the City Clerk.
[Ord. No. 69 §V, 7-5-1960]
No subdivision plat shall be approved by either the Commission or by the Board unless it conforms to the following minimum standards and requirements.
Potential dwellings displaced by private parks or open space.
When private parks or open space are included in the plat, the subdivider may provide for that number of dwelling units that he/she would be permitted to build under the Zoning Regulations if no private parks or open space were included in the subdivision, but such dwelling units must be located within that portion of the tract or parcel indicated for residential use by the City Plan.
In order that potential dwellings displaced by private parks or open space can be accommodated in the subdivision, the yard and lot size established by the Zoning Regulations for that tract or parcel can be reduced, but no lot shall be created having an area of less than ten thousand (10,000) square feet or frontage of less than eighty (80) feet at the building line, or a front yard of less than twenty (20) feet. The Commission shall permit lots to be reduced only when it finds that the proposed subdivision conforms substantially to the City Plan, makes good use of topography and natural features, provides needed open space and contributes variety and interest to the character of its neighborhood without adversely affecting adjacent property. Requirements such as for minimum lot area and side or rear yard, replacing those that are permitted to be reduced under this provision, shall be included in the subdivision plat or restrictions, and subsequent replacement and extension of buildings shall be controlled by such plat or restrictions.
Parks and open space on the City Plan.
When private parks or open spaces are indicated on the City Plan within the tract or parcel to be subdivided, the plat shall set aside such areas for use by owners of the lots.
A site for a school, public building, church, or other public or semi-public use indicated on the City Plan within the tract or parcel to be subdivided shall be reserved for a period of one (1) year from the date of recording of the final plat so that it can be acquired by an appropriate agency. The provisions of Section 415.050(1) shall not apply to such public or semi-public sites.
Other private parks and open spaces. Private parks and open space in addition to those proposed in the City Plan may be provided in the plat by the subdivider, subject to the approval of the Commission as to the extent, location and purpose of such areas. Historic buildings or sites, parkway strips, ornamental parks, traffic circles, easements along streams and buffer strips along roads or to separate conflicting uses and land reserved for agriculture may be included as open space when appropriate.
The location, width and typical cross-section of all streets shall substantially conform to the City Plan and shall be designed to relate to existing and future streets, to topographical and natural conditions, to public convenience and necessity, to visual character and to the proposed uses of the land to be served by the streets. The subdivider may be required to continue adjoining streets through the area being subdivided, when necessary, to provide for local movements of vehicles or to enable adjoining property to be properly subdivided.
Streets shall have the following right-of-way, except as increased or decreased by the City Plan or varied in unusual circumstances by the Commission:
Where a minor street of greater than two hundred fifty (250) feet in length is required to terminate in a circular open space, said open space shall have a minimum radius of fifty (50) feet. Except in unusual instances, no cul-de-sac shall exceed five hundred (500) feet in length.
Intersections with a major street or collector street shall be designed as nearly as possible at right angles.
All streets shall be dedicated to the appropriate public agency. Reserve strips controlling access are prohibited except when control is placed in the City under conditions approved by the Commission. Private streets are discouraged, but where built, they shall be maintained solely and perpetually by the trustees or Board of Managers.
When a subdivision abuts or contains an existing or proposed major street, the Commission may require frontage roads, double frontage with screen planting contained in a reservation of land along the rear property line through which no access shall be permitted, deep lots with rear service alleys, or such other treatment as may be appropriate to separate through and local traffic to develop all major streets according to limited access principles and to protect residential uses from through traffic. A frontage road that will serve only one (1) tier of residential lots and will not be used for access to a school, church or other non-residential building with a right-of-way of thirty (30) feet and a pavement width of fourteen (14) feet may be approved by the Commission with the advice of the Building Official.
Easements of not less than five (5) 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 mains, sewers and similar utilities. When alleys are provided, utilities may be located within the alley.
Whenever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at his/her own expense, straighten, widen or improve the channel so that it will properly carry surface water and may provide or be required to provide an adequate easement along each side of the stream, which easement shall be for the purpose of widening, improving or protecting the stream and for recreational use. Straightening, widening or improving the channel shall be unnecessary when the easement is sufficient to contain the stream in time of flood and to contain stormwater runoff without eroding or raveling the natural channel.
The length, width and shape of blocks shall be determined with regard to adequate building sites suitable to the special needs of the use contemplated and the limitations and opportunities of topography.
Super-blocks indented by cul-de-sacs and containing interior open space shall be permitted, when properly designed. A crosswalk of ten (10) feet may be required when necessary for pedestrian access and circulation.
Blocks adjacent to a major street shall be designed to minimize points of ingress and egress.
All lots shall be designed to provide desirable building sites properly related to topography, natural features, streets and land use.
Depth and width of lots laid out for other than single-family dwelling purposes shall be adequate for off-street service, parking and protection of adjacent uses or streets, as required by the type of use and development contemplated.
Maintenance of common facilities. Where the subdivision contains paving, sewers, sewage treatment plants, water supply systems, park areas, a swimming pool, street trees or other physical facilities necessary or desirable for the welfare of that subdivision which are not or cannot be satisfactorily maintained by any existing public agency, provision shall be made by trust agreement made a part of the deed restrictions, or protective covenants acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities. The restrictions shall empower the trustees to later dedicate such common open space to the City of Manchester for public use and maintenance, but no such subsequent dedication shall be effective unless accepted by the Board of Aldermen of the City of Manchester. The final plat and deed restrictions shall specify that land set aside for common use be retained for such purposes for a period of at least twenty (20) years. Nothing herein shall require the City to provide maintenance for any common facilities described herein.
Improvements. Before the final plat of any subdivided area shall be approved by the Board of Aldermen 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 may post a surety bond or escrow agreement approved by the Attorney of the City of Manchester, which bond or escrow agreement will insure to the City that the improvements will be completed by the subdivider within two (2) years after the final approval of the plat. The amount of the bond or escrow agreement shall not be less than the estimated cost of the improvements, and the amount of the estimate must be approved by the City Engineer. Said estimate shall be prepared by the subdivider. If the improvements are not completed within the specified time, the Board of Aldermen may use the bond or funds in escrow, or any necessary portion thereof, to complete same.
Should the subdivider desire to provide a surety bond, the bond form shall be approved by the Attorney of the City of Manchester.
Should the subdivider desire to provide an escrow agreement, it shall:
Be approved by the Attorney as to legal form;
Be executed by the Mayor subject to the approval of the Board of Aldermen;
Guarantee the improvements set forth in the approved final plat by providing for a deposit with a qualified escrow depositary of that sum of lawful money of the United States of America which the Board of Aldermen shall reasonably estimate as the cost of said improvements;
Provide that the escrowed sum shall be held in special escrow account by the escrow holder, subject to the audit of the City of Manchester; and
The escrowed sum shall be held by the escrow holder, as in the agreement provided, until such time as the Mayor shall, upon approval by the Board of Aldermen, by written authorization addressed to the escrow holder, release the escrow sum. Should it be necessary for the City to complete the improvements as provided in the approved final plat, the Mayor, upon the approval of the Board of Aldermen, shall release the escrow sum for disbursement by the escrow holder for the payment of labor and material used in the construction and installation of the improvements guaranteed as the work progresses. In no case shall an authorization be given for the release, nor shall the escrow holder release, more than ninety percent (90%) of the escrow sum until said improvements and installations have been completed in accordance with the provisions of this Chapter and approved by the Board of Aldermen.
The minimum improvements installed in any subdivision before the plat can be finally approved shall be in accordance with the following Subsections: (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6) and (c)(7).
The subdivider shall grade and improve all new streets and alleys (if any) within the subdivided area. The paving on such new streets shall be concrete or bituminous macadam having a minimum thickness of base and surface as required by the City Engineer and a minimum width of pavement as required by the following table:
All lots shall be served by a public water system. The subdivider shall show the Commission prior to approval of the final plat that mains and hydrants have been installed or security provided in lieu thereof to the satisfaction of the public utility, and that hydrants have been located as required by the standards of the West County Fire Protection District.
The subdivider shall install sanitary sewers and provide a connection for each lot. Such installations shall be in accordance with the standards and specifications of, and before the improvement is started the plan therefor shall be approved by, the Metropolitan St. Louis Sewer District, St. Louis County Health Department and the Commission. If no existing outlet sewers are within reasonable distance, the subdivider shall make such provisions for the treatment or disposal of the sewerage as will satisfy the City, State and County health officials and before the plat shall be approved, the subdivider shall present to the Commission an order from City and State or County health officials showing that the treatment or disposal facilities will properly care for and protect the health, safety and welfare of the existing and probable future population within the subdivision and surrounding area.
Storm sewers shall be installed to standards and specifications approved by the Commission and Metropolitan St. Louis Sewer District. Open channels may be used in lieu of pipe when the City Plan indicates continuous open space along the natural drainage channel, and additional open channel may be employed when approved by the Commission, with the advice of the City Engineer.
Street lights shall be installed along all minor streets, residential streets and collector streets. The location, type and number of lights required shall be reviewed by the Commission after receiving recommendation from Ameren UE. Developers, sub-dividers or builders shall pay the first (1st) year rental on street lights installed within their respective subdivisions.
A sidewalk or all-weather pedestrian footpath shall be required for pedestrian circulation and access to schools, shops and churches. These shall be constructed on at least one (1) side of all residential streets and collector streets or longitudinally between rear lot lines and in a longitudinal direction through all continuous open space shown on the City Plan. Such sidewalks or footpaths shall be kept open for pedestrian circulation and their continuous maintenance shall be guaranteed through the trust agreement described in Section 415.050(9).
All residential lots shall have an appropriate cover of undisturbed existing vegetation, seeding, fresh-cut sod, plugs or spot sod. Existing trees shall be carefully preserved while making subdivision improvements and grading. Every tree cut down or destroyed during construction having a trunk diameter of more than four (4) inches shall be replaced elsewhere in the subdivision with a tree having a minimum diameter of one and one-half (1½) inches, except trees actually located in an area to be occupied by a building, pavement or utility line.
In addition to the tree planting required by the above, minimum landscaping of residential subdivisions shall be made as follows:
The Commission shall review the plans submitted as required by Section 415.030(B) against the standards and requirements governing the review of architecture and site planning of the Zoning Regulations, provided that no such submission or review shall be required from a subdivider who certifies his/her intention to sell lots without placing homes or structures thereon. In the latter case, the subsequent applicant for a building permit shall follow the procedures, standards and requirements of the Zoning Regulations before a building permit shall be issued.
Street name signs.
Street name signs shall be erected at all street intersections on diagonally opposite corners so that they will be on the far right-hand side of the intersection for traffic on the more important streets. Signs indicating both streets should be erected at each location mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one (1) foot nor more than ten (10) feet back from both curb lines.
The street name shall be of unslanted block lettering at least three and one-half (3½) inches high.
The signs shall be of the type and standard currently required for new subdivisions located in the City of Manchester.
Inspection. The subdivider shall pay to the City of Manchester an amount equal to one percent (1%) of the estimated cost of paving, storm drainage, sanitary sewers and site grading to defray the cost of processing the subdivision application and reviewing plans and for inspection of improvements during the construction. Inspections shall be made by the City Engineer.
All telephone and power lines shall be located underground in easements which shall be provided for that purpose. Transformers and similar facilities may be located at ground level on pads within such easements when such facilities are suitably fenced and landscaped. Sidewalks or footpaths may be located within the easements that are provided for utilities.
[Ord. No. 69 §VI, 7-5-1960]
Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the Commission and Board of Aldermen may vary or modify them in such a way that the subdivider be allowed to plan and develop his/her property and record a plat of same; provided however, that the public welfare and interests of the municipality be fully protected and the general intent and spirit of the regulations preserved.
In the interests of good site planning, the Commission shall have the power to permit minor variations in the location of open space, collector streets and major streets from the location shown on the City Plan, and shall have power to permit substantial variation in the location of public and semi-public sites and residential streets within a particular subdivision from the location shown on the City Plan, provided adequate circulation and the intent and purpose of the City Plan are maintained.
[Ord. No. 69 §VII, 7-5-1960]
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.
Any building or structure erected or to be erected in violation of this "Subdivision Ordinance" shall be deemed an unlawful building or structure, and the City may bring action to enjoin such erection or cause it to be vacated or removed.
Any person, persons, firm, association or corporation violating any provisions of these subdivision regulations or any employee, assistant, agent or any other person participating or taking any part in, joining in or aiding in a violation of any provision of these subdivision regulations may be prosecuted as provided by law for the violation of ordinances of the City of Manchester and upon conviction shall be punished by a fine of not more than five hundred dollars (500.00).
[Ord. No. 69 §VIII, 7-5-1960]
Any regulations or provisions of this Chapter or the City Plan 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 study and report by the City Planning and Zoning Commission and until a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.
This procedure shall be used in the case of proposed subdivisions that vary substantially from the street pattern shown on the City Plan, or which proposes to set aside substantially less open space than is shown on the City Plan.
[Ord. No. 69 §IX, 7-5-1960]
If any Section, Subsection, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this Chapter.