[Ord. No. 44 §1, 3-7-1949; Ord. No. 175 §1, 9-9-1958; Ord. No. 942 §1, 2-16-1993; Ord. No. 2001-1200 §1, 7-17-2001]
For the purposes of this Chapter, certain terms and words are
defined as follows:
A line on a plat between which line and street or private
place no buildings or structures may be erected.
A map, drawing or chart on which the subdivider's plan for
the subdivision is presented and which he/she submits for approval
and intends in final form to record.
A subdivision of land is a division of a parcel of land into two (2) or more lots, or other divisions of that land, excluding a boundary adjustment between adjacent lots as provided for in Section 410.065; it shall include a resubdivision of land and, when appropriate to the context, relates to the process of subdividing or to the land or to the territory subdivided.
[Ord. No. 44 §2, 3-7-1949; Ord. No. 922 §2, 9-3-1992; Ord. No. 2001-1200 §1, 7-17-2001]
A.
In
seeking to subdivide any tract or parcel of land within the corporate
limits of the City of Frontenac, the owner or his/her authorized agent
shall:
1.
Prepare and submit to the City Clerk an application to the City, on forms to be provided by the City, for approval of a subdivision or resubdivision of land in the City of Frontenac, together with a proposed preliminary subdivision plan prepared in accordance with the requirements of Sections 410.030 and 410.040 hereafter.
2.
Pay to the City Clerk a non-refundable subdivision plat fee of three
hundred dollars ($300.00) for each proposed buildable lot in the new
subdivision or resubdivision. In addition, the applicant shall be
required to reimburse the City for the costs of legal services, engineering
services, title services, and any other professional services required
by the City Administrator, the Planning and Zoning Commission or by
the Board of Aldermen to aid them in their consideration of the preliminary
plan or the final plat. The subdivision plat fee shall be paid when
the application is filed and all other charges shall be paid when
billed by the City. In no event will the final plat be signed and
acknowledged as approved by the City Clerk until and unless the fees
and costs are paid in full by the applicant.
B.
If
the application and plan shall appear to be in order and in compliance
with this Code and the fee paid, the City Clerk shall refer the matter
to the Planning and Zoning Commission for its report and recommendation
for approval or disapproval of such preliminary plan. Such report
and recommendation shall be returned to the Board of Aldermen within
sixty (60) days of such referral unless the Planning and Zoning Commission
shall request additional time to make its reply and recommendation
which request shall be freely allowed by the Board of Aldermen.
C.
If the Board of Aldermen shall approve the preliminary plan as submitted, the applicant shall thereafter prepare and submit to the City Clerk a final subdivision plat prepared in accordance with the provisions of Section 410.050 hereafter and the City Administrator, if he/she finds the same to be in order and in compliance with all Code requirements and all conditions otherwise required by the Board of Aldermen, shall place the matter on the agenda of the next meeting of the Board of Aldermen for their consideration.
D.
Within
sixty (60) days following approval of the final subdivision plat by
the Board of Aldermen, the applicant shall record the plat in the
office of the Recorder of Deeds of St. Louis County or notify the
Board of Aldermen in writing of the abandonment of the proposed subdivision.
All approvals of final subdivision plats shall lapse and be void after
sixty (60) days from the date of approval thereof by the Board of
Aldermen.
[Ord. No. 44 §3, 3-7-1949; Ord. No. 443 §2, 12-21-1971; Ord. No. 2001-1200 §1, 7-17-2001]
A.
In
seeking to subdivide land the owner shall submit three (3) copies
of a preliminary sketch plan which shall be at one hundred (100) feet
to the inch or larger scale and shall show:
1.
The location of present property lines, streets, buildings, watercourses
and other existing features within the subdivided area and similar
facts regarding existing conditions in property immediately adjacent.
2.
The proposed location and dimensions of streets, alleys, lots and
building lines. The area of each lot in square feet shall be indicated
on the plan.
3.
Existing sewers, water mains, culverts and other underground structures
within the tract or immediately adjacent thereto. The location and
size of the nearest water main and sewer or outlet shall be indicated
in a general way upon the plat.
4.
The title under which the proposed subdivision is to be recorded
and the name of the subdivider and of the engineer or surveyor platting
the tract.
5.
The names of all adjoining subdivisions.
6.
The Board of Aldermen may require a contour map, showing contour
intervals of five (5) or less feet. The preliminary plan should determine
the character and general details of the development. The approval
of the preliminary plan does not, however, constitute an acceptance
of the subdivision.
B.
No
filling of any portions of the proposed subdivision site, or parcel
of ground under the same ownership, or tree removal, grading or change
of existing contours shall be undertaken by the developers or owners
until preliminary approval is obtained from the Planning and Zoning
Commission or the City in accordance with this Code.
[Ord. No. 44 §4, 3-7-1949; Ord. No. 124 §1, 6-12-1956; Ord. No. 167 §1, 4-8-1958; Ord.
No. 862 §1, 7-30-1990; Ord. No. 959 §1, 6-22-1993; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001]
A.
All
subdivision plats shall conform to the following standards:
1.
Relation to adjoining street system. The subdivider
may be required to continue certain adjoining streets through the
area being subdivided when necessary to provide for local vehicular
movement or to enable adjoining property to be properly subdivided.
2.
Street width.
a.
Subdivision plats shall provide for the following widths for major
streets and highways:
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Clayton Road
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80 feet
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Geyer Road
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60 feet
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Spoede Road
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60 feet
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Conway Road
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60 feet
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b.
The minimum widths for minor streets and roads shall be:
(1)
Where the average lot area exceeds one (1) acre, the minimum
width shall be thirty-five (35) feet.
(2)
Where the average lot area is between one-half (½) acre
and one (1) acre, the minimum width shall be forty (40) feet.
(3)
Where the average lot area is less than one-half (½)
acre, the minimum width shall be fifty (50) feet.
3.
Dead-end streets and places. Where it is desirable
to subdivide a parcel of land which, because of its size or location,
does not permit an allotment directly related to a normal street arrangement,
there may be established a "place". Such a place may be in the form
of a court, a non-connecting street or other arrangement; provided
however, that proper access shall be given to all lots from a dedicated
place (street or court). If any "place" or street is dead-ended, it
shall provide a turnaround at the dead end, preferably circular in
shape, having a minimum dimension of not less than one hundred (100)
feet.
4.
Dedication of streets. All streets, places and parks
should be established as private ways and areas rather than dedicated
to public use or to the City of Frontenac. Adequate provision shall
be made in the deed restrictions accompanying the plat to dedicate
such ways and areas to a subdivision Board of Trustees and to make
proper provision for the supervision, maintenance and construction
or reconstruction of such ways and areas.
5.
Easements.
a.
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 main sewers and
similar utilities and future widening of roads.
b.
Whenever any stream or important surface watercourse is located in
an area that is being subdivided, the subdivider shall at his/her
own expense make adequate provision for straightening or widening
the channel so that it will properly carry the surface water and shall
also provide and dedicate to the City of Frontenac an 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. The width of such easement shall not be less than twenty (20)
feet and the total width of the easement shall be adequate to provide
for any necessary channel relocations and straightening.
6.
Lots.
a.
All lots shall have an area at least equal to the lot area requirements of the Zoning Code, Chapter 405, for the district in which such property is located. All lot lines touching a street shall be at right angles to straight street lines, or radial to curved street lines or at a cul-de-sac, unless a variation of this requirement, in the opinion of the Planning and Zoning Commission, would give a better street and lot plan both from the standpoint of aesthetics and from the standpoint of public health and safety insofar as visitor parking and ingress and egress to and from the property by public safety and service vehicles is concerned. Corner lots with a double frontage, i.e. on parallel streets, shall be avoided.
b.
All lots at the building line shall be at least one-third ⅓
as wide as the average lot depth. In determining lot depth, the average
shall be taken of the two (2) lot lines touching the street to which
the lot is connected. The width of the lot shall then be determined
by multiplying the average figure so obtained by one-third ⅓.
c.
When two (2) or more lots are to be served by a common access to
the existing street system in the City, that common way of access
shall be required to be thirty-five (35) feet in width, shall be paved
of a minimum width of twenty (20) feet, shall itself be considered
a street and the land under such thirty-five (35) foot wide street
shall not be counted as a part of the acreage of any resulting or
abutting lot when determining compliance with the minimum lot size
requirements of the particular zoning district covering the land in
question. The Planning and Zoning Commission shall have the authority
to require that more than twenty (20) feet of the thirty-five (35)
foot wide street access to such lots as shall be created be paved
when such wider paving would give a better street and lot plan using
the same standards as shall be set forth above as to aesthetics, public
health and safety.
d.
Lots of a flag configuration which could place a dwelling unit behind
another dwelling unit shall not be platted. All lots shall have at
least ninety percent (90%) of the required width of the front building
line as frontage on the right-of-way line adjacent and serving that
property except for lots with frontage on cul-de-sacs and turnarounds
and these latter lots shall have at least fifty percent (50%) of the
width of the lot at the front building line required as frontage on
the adjacent street.
7.
Building lines. Building lines shall be shown on all lots and shall not be less than required by the Zoning Code, Chapter 405. Deed restrictions shall provide that all enclosed parts of buildings be set back of the building lines.
8.
Character of development. The Board of Aldermen
may agree with the subdivider regarding the type and character of
development that will be permitted in the subdivision and may require
that certain minimum regulations regarding this matter be incorporated
in the deed restrictions. Such regulations shall be intended to protect
the character and value of the surrounding development and shall also
tend to secure the most appropriate character of development in the
property which is subdivided.
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 a statement from the local
postmaster approving the names of the proposed streets and of the
proposed system of postal addresses along such streets.
10.
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 Subparagraph (10). In lieu
of final completion of the minimum improvements before the plat is
finally approved, the subdivider may post a surety bond with a commercially
recognized bonding company, or a signed copy of an escrow agreement
with a commercially recognized trust company, bank or title company
or other commercially recognized escrow agent, approved by the City
Attorney and City Treasurer and approved and accepted by the Board
of Aldermen, which bond or escrow agreement will insure to the City
that the improvements will be completed by the subdivider within two
(2) years after final approval of the plat. The amount of the bond,
or the amount deposited in escrow, shall not be less than the estimated
cost of improvements, and the amount of the estimate must be approved
by the Building Commissioner and Zoning Administrator. If the improvements
are not completed within the specified time, the Board of Aldermen
may use the bond or amount deposited in escrow, or any necessary portion
thereof, to complete same.
The minimum improvements installed in any subdivision before
the plat may be finally approved shall be in accordance with the following
Subsections: (a), (b), (c), (d), (e) and (f):
a.
The subdivider shall grade and improve all new streets within the
subdivision area. The paving on such streets shall be of a character
suitable for the expected traffic and in harmony with similar improvements
in the surrounding area and fully comply with the regulations and
specifications set out in all other ordinances of the City of Frontenac
now or hereafter enacted.
b.
The subdivider shall, whenever necessary, grade any portion of the
property subdivided into lots so that each lot will be usable and
suitable for the erection of residential or other structures thereon.
c.
The subdivider shall install stormwater sewers and sanitary sewers
or a combination thereof or provide some other method of sanitary
disposal all of which shall first receive the written approval of
the Metropolitan St. Louis Sewer District or its successor. Such installations
shall be in accordance with the plans theretofore approved and in
accordance with the standards and specifications of the Metropolitan
St. Louis Sewer District or its successor.
d.
The detailed plans for the proper disposal of stormwater affecting
the proposed subdivision shall show the location of all open drainage
channels together with such improvements which may be necessary and
the construction of all underground enclosed pipe sewers and surface
accessories necessary to efficiently carry off the stormwater and
prevent ponding on the surface of the proposed subdivision or the
damage to the surrounding area. The plans for these facilities shall
be shown both in plan and profile with details of all necessary accessories.
The data regarding the area to be served by the facilities and the
estimated runoff from the area tributary from the facilities beyond
the subdivision shall accompany the detailed plans which shall be
submitted to and receive the approval of the Metropolitan St. Louis
Sewer District.
e.
The subdivider shall be responsible for the installation of water
mains and fire hydrants in the subdivided area. Such installation
shall be in accordance with the procedures, standards and specifications
required by the Missouri-American Water Company, in accordance with
their tariffs. The location of each and every new fire hydrant shall
first be approved by the Fire Chief of the City of Frontenac who shall
certify to the Board of Aldermen that the location of each and every
such hydrant meets the requirements of the Fire Prevention Code currently
adopted by the City and all references therein. Such hydrant location
shall further be coordinated with the Building Commissioner and Zoning
Administrator so as to attempt to avoid conflicts with development
plans for the subdivision.
f.
It is also desirable to install other improvements such as trees, electric lines, gas mains and similar facilities in any subdivision. When the Board of Aldermen deems it necessary, it may require that any such improvements shall be installed under the same conditions as the other improvements contained in this Subsection (10).
[1]
Editor's Note — Ord. no. 2009-1608 §1, adopted
September 23, 2009, repealed the BOCA fire code and adopted the international
fire code, therefore the reference to the BOCA code herein was changed
to refer simply to fire code adopted by the city.
[Ord. No. 44 §5, 3-7-1949; Ord. No. 2001-1200 §1, 7-17-2001]
A.
Following
approval of the preliminary plat, the final plat on tracing cloth
and three (3) prints thereof shall be submitted to the Board of Aldermen.
The final plat shall show:
1.
The boundaries of the property; the lines of all proposed streets
and alleys with their width and names; and any other intended to be
dedicated to public use.
2.
The lines of adjoining streets and alleys, with their width and names.
3.
All lot lines, building lines and easements with figures showing
their dimensions.
4.
All dimensions, both linear and angular, necessary for locating boundaries
of the subdivided area of the lots, streets, alleys, future road widening
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.
5.
Radii, arcs and chords, points of tangency, central angles for all
curvilinear streets, and radii for all rounded corners.
6.
All monuments together with their descriptions.
7.
Title and description of property subdivided, showing its location
and extent, points of compass, scale of plan, and name of subdivider
and of engineer staking the lots.
8.
Profiles may be required of any streets.
9.
Any private restrictions shall be shown on the plat or reference
made to them thereon, and plats shall contain proper acknowledgements
of owners and mortgagees accepting said platting and restrictions.
10.
A certificate shall accompany the final plat showing that all taxes
due shall have been previously paid.
[Ord. No. 44 §6, 3-7-1949; Ord. No. 2001-1200 §1, 7-17-2001]
Whenever the strict enforcement of these regulations would entail
unusual, real and substantial difficulties or hardships, the Board
of Aldermen may vary or modify them in such a way that the subdivider
is allowed to plan and develop his/her property, and record a plat
of same without unjust difficulties and expense, but at the same time
the public welfare and interests of the municipality are fully protected
and the general intent and spirit of the regulations preserved.
[Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2020-1925, 9-29-2020]
A.
Purpose.
It is the purpose of this Section to provide for adjustments to be
made to lot lines between existing adjacent platted lots or other
lawful parcels for the purpose of establishing particular building
sites; however, it is not the intent that this Section be utilized
to accomplish extensive replatting as determined by the Building Commissioner
and Zoning Administrator. No boundary adjustment as provide for by
this Section shall include more than four (4) lots without approval
by the Planning and Zoning Commission.
C.
Procedure.
1.
In seeking to obtain approval for the adjustment of a boundary, or
boundaries, between adjacent lots, the owner(s) thereof shall submit
three (3) copies of a plat in compliance with this Section to the
Building Commissioner and Zoning Administrator together with a written
request explaining the purpose for the proposed boundary adjustment.
2.
A boundary adjustment may be accomplished subsequent to the review
and approval by the Building Commissioner and Zoning Administrator
and the recording of a plat in compliance with the provisions of this
Section, including an adequate legal description of the boundaries
of the original lots and of the adjusted lots.
3.
A boundary adjustment plat as referenced in this Section shall be
prepared at a scale of not more than thirty (30) feet to the inch
and include not less than the following:
a.
The boundaries of all existing lots, including the metes and bounds
thereof, all existing abutting streets, alleys and other accessways
with their names and widths.
b.
All existing and adjusted building lines and easements with dimensions
thereof.
c.
All dimensions, both linear and angular, and bearings necessary for
locating existing and adjusted lot lines. All such dimensions shall
be expressed in feet and decimals of a foot.
d.
Radii, arcs, chords, points of tangency, and central angles for all
curvilinear street, and radii for all round corners.
e.
All existing and proposed monuments as applicable.
f.
Reference to any existing private instrument of record applicable
to any lot to be adjusted.
g.
All boundary adjustment plats shall be titled as a Boundary Adjustment
Plat, including identification by subdivision name and numbers of
lots to be adjusted as on record with the Recorder of Deeds, St. Louis
County. Said plat shall further bear the name and seal of a surveyor
licensed in the State of Missouri responsible for preparing such plat.
On approval by the Building Commissioner and Zoning Administrator
the boundary adjustment shall be recorded within sixty (60) days or
such approval shall be void.
h.
The Building Commissioner and Zoning Administrator shall act on all
requests for boundary adjustments as provided in this Section within
fifteen (15) working days of submittal thereof.
i.
The processing fee for a Boundary Adjustment Plat shall be one hundred
fifty dollars ($150.00).
4.
Existing Lots In Non-Compliance. Boundary adjustments shall be allowed for lawful lots of record existing in non-compliance with minimum area, frontage and dimensional requirements of this Chapter or Chapter 405: Zoning Regulations provided that each of the resulting lots comply with this Chapter and Chapter 405.
5.
Bringing Non-Conforming Lots Into Compliance. Where two (2) or more
adjoining non-conforming lots are under common ownership, no demolition
permit or building permit for any such lot shall be issued until a
boundary adjustment has been completed consolidating the lots in a
manner that brings the lots into full compliance with the City's Code
of Ordinances. As used herein, common ownership shall include situations
where a person or entity has an ownership interest in, or acts as
an agent or builder for, two (2) or more separate legal entities or
persons owning adjacent lots upon which a structure is, or formerly
was, constructed across the lots now owned by two (2) or more entities.
6.
Appeal Of Decision By Building Commissioner And Zoning Administrator. In the event of a denial of a boundary adjustment by the Building Commissioner and Zoning Administrator, the property owner(s) may, within fifteen (15) days of receipt of a written denial by the Building Commissioner and Zoning Administrator citing the reasons for denial, submit an appeal to the Planning and Zoning Commission for their review as provided in Section 410.020 of this Chapter.
[Ord. No. 44 §7, 3-7-1949; Ord. No. 175 §2, 9-9-1958; Ord. No. 2001-1200 §1, 7-17-2001]
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.
No
building or repair permits shall be issued for any structure located
on a lot in any subdivision the plat of which has been prepared after
the date of the adoption of this Chapter but which has not been approved
in accordance with the provisions contained herein.
C.
The
Board of Aldermen 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 has been
platted after the date of the adoption of this Chapter unless such
subdivision or street has been approved in accordance with the provisions
contained herein.
D.
Any
person, firm, partnership or corporation, who offers, advertises,
or in any other way attempts to sell, or sells any part or any tract
of land, or who commits any act in violation of the provisions of
this Chapter shall be found guilty of an ordinance violation and shall
be fined not less than one hundred dollars ($100.00) nor more than
five hundred dollars ($500.00) for each and every such act and the
commission of any such violation shall be deemed sufficient grounds
for the City of Frontenac to seek and obtain against any such violator
a writ of injunction.
