[Ord. No. 03-397 §1, 1-9-2004]
This Chapter and ordinances supplementary or amendatory hereto,
shall be known and may be cited as "The Subdivision Code of the Village
of Marlborough, Missouri".
[Ord. No. 03-397 §2, 1-9-2004]
The purpose of this Chapter is to provide rules, regulations
and standards to guide land subdivision within the Village of Marlborough,
Missouri, in order to promote the public health, safety, convenience
and general welfare of the municipality. It is to be administered
to insure the orderly growth and development of the community, the
conservation, protection and proper use of land and adequate provision
for traffic circulation, utilities and other municipal services.
[Ord. No. 03-397 §3, 1-9-2004]
Terms used in this Chapter are defined as follows:
A minor right-of-way used primarily for vehicular access
to the rear or side of properties otherwise abutting on a street.
An area of land, consisting of a series of lots, entirely
surrounded by streets, streams, rights-of-way, parks, etc., or a combination
thereof.
An adjustment to lot lines of platted lots or other lawful
parcels for the purpose of adjusting the sizes of buildings, frontages,
configuration of buildable lots or consolidation of existing lots
which does not create any additional buildable lots.
A line or lines on a plat designating the area outside of
which buildings may not be erected, except as permitted in the zoning
ordinance.
A survey of the parcel and of all units of a multi-unit structure
for the purpose of compliance with the "Condominium Property Act",
Chapter 448, RSMo., and this Chapter.
A grant by property owner to the public, a corporation or
a person of the use of land for a specified purpose.
The engineering plans showing types of materials and construction
details for the proposed subdivision improvements.
Street pavements, sidewalks, pedestrian walkways, water mains,
sanitary sewers, storm sewers, sewage treatment and disposal plants,
street signs, survey monuments, landscaping, street light installations
and other similar items.
A platted parcel of land intended to be separately owned,
developed or otherwise used as a unit.
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes, private
or public.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets and/or properties.
A map or drawing, to scale, of a tract of land proposed for
subdivision showing such information as is required elsewhere in this
Chapter.
A strip of land reserved or acquired by dedication, prescription,
condemnation, gift, purchase, eminent domain or any other legal means
occupied or intended to be occupied by a street, sidewalk, railroad,
utility, sewer or other similar use. In the case of a private street,
the right-of-way shall be dedicated to the property owners or trustees
for street maintenance purposes.
A general term denoting a public or private way which affords
the principal means of vehicular access of abutting property. The
term includes all facilities which normally occur within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place and/or
court, but shall not include an alley, driveway, common driveway,
driveway easement or a pedestrian way.
A street designed to carry traffic from several minor streets
to the system of major streets or a street located in a zoning district
other than a single-family residential district.
A street having only one (1) end open for vehicular traffic
and the other permanently terminated by a turnaround for vehicles.
A street designed or used primarily for high vehicular speeds
or heavy volumes of traffic on a continuous route. The following streets
are hereby designated as major streets: Heege Road, Watson Road and
Laclede Station Road.
A street of limited continuity in a single-family residential
zoned district which serves or is intended to serve the local needs
of a neighborhood and is used primarily for access to abutting properties.
A private way which affords the principal means of vehicular
access to abutting property.
The division of a lot, tract or parcel of land into two (2)
or more lots, sites or parcels for the purpose of either immediate
or future sale or building development including, also, the resubdivision
of land or lots; providing however, that the sale or exchange of parcel
of land to or between adjoining owners, where such sale or exchange
does not create additional lots, shall not be considered a subdivision;
also
The dedication of a new road, highway, street, alley, pedestrian
way or public way or of a public easement; or
The dedication of property for the widening of an existing road,
highway or street to conform to the minimum street right-of-way requirements
of this Chapter.
[Ord. No. 03-397 §4, 1-9-2004]
A.
General.
1.
No land
within the limits of the Village of Marlborough shall be subdivided
after the adoption of these regulations without complying with the
provisions of this Chapter.
2.
No building
construction or improvement, such as sidewalks, water supply, stormwater
drainage, sewage facilities, gas service, electric service, street
lighting or the grading, paving or surfacing of any street, shall
hereafter be made within any such subdivision by any owner or owners
or his/her or their agent or by any public service corporation at
the request of such owner or owners or by his/her or their agent until
the final plat for the subdivision and also the plans for the improvements
thereto have been properly reviewed by the Planning and Zoning Commission
and officially approved by the Board of Trustees of the Village of
Marlborough.
3.
Where
a tract of land is proposed to be subdivided in several stages over
a period of years and the subdivider requests approval in parts, he/she
shall submit a detailed plan of the entire tract to be developed at
the time of submission of request for the first (1st) section, with
appropriate sectioning to demonstrate to the Planning and Zoning Commission
that the total design, as proposed for the entire subdivision, is
feasible. The Planning and Zoning Commission may give preliminary
approval to the overall plan and final approval on the parts as submitted
from time to time.
4.
The
provisions of this Chapter shall be held to be the minimum requirements
necessary in the subdivision of land.
5.
Where
a tract of land to be subdivided abuts a street requiring additional
right-of-way for future widening purposes, any width taken shall not
be subtracted from the net area for building sites and shall not increase
the front building setback line.
6.
All
interpretations of these rules and regulations are reserved to the
administrative bodies referred to herein.
B.
Boundary Adjustments.
1.
Purpose. The purpose of this Section is to allow adjustments
to lot lines of platted lots or other lawful parcels for the purpose
of adjusting the sizes, frontages or configuration of buildable lots;
or consolidation or division of existing lots.
2.
Boundary adjustment criteria. Boundary adjustments must
meet the following criteria:
a.
No
additional, divided or consolidated buildable lot shall be created
by any boundary adjustment, except development plans approved by the
Village Board of Trustees which contain a cross-easement agreement
or other form of agreement, provided that the property remains under
the terms and conditions of the development plan.
b.
The
resulting lot or lots shall not be reduced below the minimum sizes
and dimensions required by the Village of Marlborough Zoning Code,
except for development plans approved by the Village Board of Trustees
which contain a cross-easement agreement or other form of agreement,
provided that the property remains under the terms and conditions
of the development plan.
c.
Boundary
adjustments shall be allowed for lawful lots existing in non-compliance
with minimum area, frontage and dimensional requirements of the Village
of Marlborough Zoning Code, provided that the resulting adjustment
of lot lines does not increase the degree of non-compliance of any
lot with the Zoning Code.
3.
Procedure.
a.
A
boundary adjustment shall be accomplished by plat prepared by a surveyor
licensed in the State of Missouri and shall include an adequate legal
description of the boundaries of the original lots and of the adjusted
lots.
b.
The
boundary adjustment plat or plats shall be submitted to the St. Louis
County Department of Public Works and Planning and Zoning Commission
for review and approval prior to its recording with the Recorder of
Deeds of St. Louis County. No further approval shall be required by
the Village.
c.
Fee. At the time of submitting the plat to the Village,
a fee of one hundred dollars ($100.00) in addition to other chargeable
fees shall be paid to defray the administrative costs incidental to
reviewing and signing the plat.
C.
Condominium Plats.
1.
Purpose. The purpose of this Section is to allow administrative
review and approval of condominium plats as defined by Chapter 448,
RSMo.
2.
Condominium plat criteria. The condominium plat shall comply
with the requirements of a condominium plat as established by Chapter
448, RSMo.
3.
Procedure. The plat shall be submitted to the Village Clerk
for planning and zoning review and approval prior to its signing.
[Ord. No. 03-397 §5, 1-9-2004]
A.
Preliminary Considerations. In order to make the most of
opportunities related to the proposed subdivision and to conserve
time, effort and expense, the owner or subdivider should consult with
the Planning and Zoning Commission of the Village and with other public
officials prior to the preparation of the preliminary plat for the
subdivision.
B.
Sketch Plan.
1.
Prior
to submitting a preliminary plat of a subdivision of any land within
the Village of Marlborough, a developer may submit to the Planning
and Zoning Commission a sketch plan for the tract which shall include
the following information which may be based on sources of information
other than field survey data:
a.
Location
map.
b.
Tract
boundary lines.
c.
Location
of existing structures.
d.
Tree
masses.
e.
Scale,
with north arrow and date.
f.
Existing
streets and watercourses within the tract.
g.
Approximate
location of proposed streets.
h.
A
rough sketch of the site plan showing the general layout of the lots
with approximate sizes and dimensions.
2.
The
Planning and Zoning Commission shall review and evaluate the sketch
plan as soon as practical and shall advise the developer the merits
and feasibilities of the proposed subdivision.
3.
No fee
is required for the filing and review of the sketch plan.
C.
Filing Of Preliminary Plat.
1.
A subdivider desiring approval of a preliminary plat of a subdivision of any land lying within the Village of Marlborough shall submit to the Planning and Zoning Commission a written application for such approval prepared on printed forms furnished by the Commission. Such application shall be accompanied by plans and information prepared in accordance with the requirements set forth in Section 410.060 of this Chapter.
The completed application and prints of the required drawings
shall be submitted no later than ten (10) days prior to the Planning
and Zoning Commission meeting at which initial consideration is desired.
2.
At the
time of filing the application for approval of the preliminary plat,
a fee of fifty dollars ($50.00) per lot shall be paid. Said amount
shall not be returned to the applicant upon failure to meet the requirements
of this Chapter or to submit a final plat in proper form, but shall
be used to defray the administrative costs incidental to processing
the preliminary plat by the Board of Trustees, the Planning and Zoning
Commission and their officers or employees.
3.
The
preliminary plat shall be reviewed by the Planning and Zoning Commission
and the Village Board of Trustees to determine whether the plat is
in harmony with the Comprehensive Plan of the Village.
4.
If the
preliminary plat is reviewed by the Planning and Zoning Commission,
the Village Board of Trustees shall be notified in writing of their
recommendation. The Board of Trustees may approve the preliminary
plat, may modify the plat and/or conditions of approval or deny the
preliminary plat.
5.
If the
preliminary plat is approved by the Board of Trustees by resolution,
the applicant is authorized to proceed with the preparation of the
final plat.
6.
Preliminary
approval by the Village Board of Trustees shall confer upon the applicant
the following rights for a one (1) year period from the date of approval:
a.
That
the general terms and conditions under which the preliminary approval
was granted will not be changed without approval.
b.
That
the applicant may submit on or before said expiration date the whole
or part or parts of said plat for final approval. In the case of a
subdivision being developed in stages, the applicant may elect to
have final approval delayed for a period not to exceed three (3) years
from the date of preliminary approval for the remaining portions of
the plat, after submission of one (1) portion within the specified
period. Failure to submit the remaining portions for approval in final
plat form within the three (3) year period from the date of preliminary
approval will require reprocessing of the application for preliminary
approval.
D.
Approval Of Final Plat.
1.
The
final plat, prepared in accordance with the requirements set forth
in this Chapter, shall be submitted to the Planning and Zoning Commission
for approval. In addition to the actual final plat itself, the submission
shall include the following items:
a.
Prints
of final plat as required by the Planning and Zoning Commission.
b.
Prints
of improvement plans for subdivision.
c.
Evidence
of approval by Metropolitan St. Louis Sewer District of all plans
for sanitary and storm sewer installations and sewage disposal facilities.
d.
Detailed
estimate of the cost of the proposed improvements prepared by subdivider's
engineer.
e.
Performance
guarantee approved by the Village Attorney assuring completion of
the proposed improvements.
2.
Following
the approval of the final plat, as so submitted, by the Planning and
Zoning Commission, such approval shall be endorsed on the original
tracing of the plat over the signature of the Chairman or Vice Chairman
of the Commission and the attest of the Secretary and the plat, so
approved, together with all supporting data shall be forwarded to
the Village Board of Trustees for final approval.
3.
Approval
of the final plat by the Village Board of Trustees shall be by ordinance
and shall be certified on the document to be filed for record over
the signature of the Village Clerk and the seal of the Village of
Marlborough. After the Village Board of Trustees has approved the
performance guarantee posted by the subdivider, the final plat, endorsed
with the approval of the Village Board of Trustees, together with
a certified copy of the ordinance granting such approval, shall be
filed for record in the office of the St. Louis County Recorder of
Deeds at the sole expense of the subdivider within ninety (90) days
of the passage of the ordinance or said ordinance and subdivision
plat approval shall become null and void.
4.
Within
ten (10) days after the recording of the final plat, the subdivider
shall file with the Village Clerk one (1) mylar print and two (2)
paper prints of the recorded plat, all of which shall bear the print
of the Recorder's stamp thereon.
E.
Subdivisions In Flood Hazard Areas. All subdivision applications
for areas located within the flood hazard areas as that term is defined
in the Code of Ordinances shall be reviewed with respect to the following
criteria:
1.
The
proposed development is consistent with the need to minimize flood
damage.
2.
Subdivision
proposals greater than five (5) acres or fifty (50) lots, whichever
is lesser, include regulatory flood elevation data.
3.
Adequate
drainage is provided so as to reduce exposure to flood hazards.
4.
All
proposed public utilities and facilities are located so as to minimize
or eliminate flood damage.
[Ord. No. 03-397 §6, 1-9-2004]
A.
Professional Studies, Legal Services And Associated Fees.
1.
The
Village has and continues to reserve the authority to charge and collect
reimbursement for third (3rd) party building plan, site or other review
of the application including, but not limited to, civil engineer,
traffic engineer, landscape architect, urban forester, arborist, legal,
Village Attorney or any other professional costs and associated expenses.
The Village may implement an administrative escrow and/or deposit
procedure whereby funds are deposited with the Village in an amount
equal to estimated third (3rd) party costs.
2.
If the
Village makes a determination that an application requires professional
services, the Village may utilize its own professional staff such
as the Village Attorney's office, official as designated or may engage
a professional to conduct the study and deliver the results to the
Village. The applicant shall pay the cost of the professional service
plus administrative costs to the Village of Marlborough to retain
the professional.
3.
The
professional services shall not commence without agreement of the
applicant as to the costs of such study and the deposit with the Village
of the estimated fee for the professional services plus administrative
costs of ten percent (10%) of estimated cost of the services or a
minimum of one hundred dollars ($100.00). The applicant shall be refunded
any overpayment at the conclusion of the professional report, except
the administrative cost to the Village which is a non-refundable fee.
4.
The
professional report or study shall become the property of the Village
for its sole use and available on request with the approval of the
Board of Trustees.
B.
Preliminary Plat.
1.
The
preliminary plat submitted by the subdivider shall be drawn to scale
of not less than one (1) inch equals one hundred (100) feet; provided
however, that if the resulting drawing would be over thirty-six (36)
inches in shortest dimension, a scale as approved by the Commission
may be used. The preliminary plat shall be prepared by a land surveyor
or professional engineer, registered to practice in the State of Missouri
and may be drawn from sources of information other than field survey.
2.
The
following items shall be either shown on or accompany the preliminary
plat.
a.
A
location map.
b.
Sanitary
sewage disposal method.
c.
Stormwater
management.
d.
Proposed
name and location of the subdivision.
e.
Names
and addresses of the owner, subdivider, land planning consultant and
the engineer or surveyor who prepared the plat.
f.
Existing
and proposed street right-of-way and pavements, including any proposed
dedication strips for widening existing streets; approximate gradients,
types and width of pavements; location of curbs, sidewalks, walkways,
planting strips; and other pertinent data.
g.
Layout
of lots showing approximate dimensions and number.
h.
Parcels
of land proposed to be dedicated or reserved for schools, parks, playgrounds
or other public, semi-public or community purposes.
i.
Easements,
existing and proposed, showing locations, widths and purposes.
j.
Building
setback lines for front, side and rear of each lot.
k.
Location
and size of nearest water main and fire hydrant, storm sewer, sanitary
sewer and other utilities.
l.
Location,
type and approximate size of utilities to be installed.
m.
Tract
boundary lines showing dimensions, bearings, angles and references
to known land lines and monuments.
n.
Topography
of the tract, existing and proposed, shown at contours at vertical
intervals of two (2) feet if the general slope of the site is less
than ten percent (10%) and at vertical intervals of five (5) feet
if the general slope is ten percent (10%) or greater. (U.S.G.S. data
will be acceptable.)
C.
Final Plat.
1.
The
final plat may include all or only a part of the preliminary plat
which has already received approval.
2.
The
final plat is to be prepared from an accurate survey made by a land
surveyor registered to practice in the State of Missouri and shall
be drawn on tracing cloth, drafting film or equivalent on one (1)
or more sheets whose maximum dimensions can be thirty-six (36) inches
by thirty-six (36) inches. Scale of the drawing shall be one hundred
(100) feet or less to the inch. If more than one (1) sheet is required,
a key map shall be provided on Sheet No. 1 showing the entire subdivision
at reduced scale.
3.
The
final plat shall contain the following information:
a.
Boundary
lines, with dimensions and bearings or angles, which provide an accurate
survey of the tract.
b.
All
section, township and range lines and the boundary lines of municipalities,
sewer, school and other established districts within or adjoining
the subdivided area.
c.
Accurate
location of all existing and recorded streets intersecting the boundaries
of the tract and the lines and record owners of all adjoining lands
with book and page numbers of the recorded deeds.
d.
Reference
to recorded subdivision plats of adjoining platted ground by record
name and date.
e.
Accurate
description of the boundary of the tract by metes and bounds or otherwise,
together with a statement of the included area calculated to the nearest
one hundredth (0.01) of an acre.
f.
Right-of-way
lines of streets and other rights-of-way and the property lines of
all lots and other tracts with accurate dimensions, bearings and curve
data including radii, arcs, points of tangency and central angles.
g.
Name
and right-of-way width of each street, alley or other right-of-way.
h.
Location,
dimensions and purpose of each easement.
i.
Each
lot line and an identification system for all lots and blocks.
j.
The
area in square feet for each tract, site, parcel or lot in the subdivision.
k.
Purposes
for which sites, other than residential lots, are dedicated or reserved.
l.
Building
setback lines for front, side and rear yard of each lot.
m.
Location,
type, material and size of all survey monuments and lot markers, including
bench marks, with elevations referenced to mean sea level datum.
n.
Subdivision
title or name, north arrow, scale and date.
o.
Certificate
of registered land surveyor covering execution of survey and preparation
of subdivision plat.
p.
Certificate
of the owner creating the subdivision, dedicating all street rights-of-way,
dedicating all public areas with statement of the use or uses for
which dedicated, granting easements with statement of the use or uses
for which granted, establishing building lines and referring to the
restrictions of all types and trusteeships which will run with the
land and become covenants in the deeds for lots.
q.
Certificates
of all owners and holders of deeds of trust, the plat as prepared
and releasing from the lien created by said deeds of trust all land
dedicated to public use on the plat.
r.
Certificate
indicating approval of the plat by the Planning and Zoning Commission
of the Village of Marlborough, prepared for signature of the Chairman
and attest by the Secretary of the Commission.
s.
Certificate
indicating approval of the plat by the Board of Trustees of the Village
of Marlborough, prepared for execution by the Village Clerk over the
seal of the Village of Marlborough.
t.
The
record plat shall show the outboundary of the subdivision tied to
the Missouri coordinate system 1983 in accordance with the current
Missouri Minimum Standards for Property Boundary Surveys and the coordinates
of the exterior corners shall be shown on the plat.
4.
The
final plat submittal shall include a digitized version of the plat
in a format compatible with the Village's mapping software. The surveyor
who is sealing the record plat must submit a signed and sealed letter
indicating the attached disk is an accurate representation of the
final version of the record plat.
D.
Improvement Plans And Specifications. The final plat submission shall be accompanied by plans and specifications for the improvements required under Section 410.080 herein. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with drainage area maps, shall be prepared on standard plan and profile sheets, twenty-four (24) inches by thirty-six (36) inches, by a professional engineer duly registered to practice in the State of Missouri. The plans shall cover the details of all improvements required under Section 410.080. The plans and specifications must be submitted to and approved by the Village Planning and Zoning Commission prior to their submission to the Village Board of Trustees with the final plat. Plans for storm and sanitary sewer installations shall be approved by Metropolitan St. Louis Sewer District as well as the Village Engineer. A five hundred dollar ($500.00) deposit shall be submitted to the Village as part of the performance guarantee to be released after the Village receives "as built" drawings of the drainage facilities and same are approved by the Planning and Zoning Commission or Village designated engineer.
E.
Performance Guarantee.
1.
Before
approval of the final plat by the Village Board of Trustees, a performance
guarantee shall be required from the subdivider in the amount of the
estimate, approved by the Village designated engineer for the total
cost of the proposed improvements. The performance guarantee shall
run to the Village Board of Trustees and be with good and sufficient
surety, satisfactory to the Board of Trustees and as approved by the
Village Attorney, conditioned upon the installation (including maintenance
during the development period) of the required improvements within
two (2) years after the approval of the final plat. If at the end
of the two (2) year period all of the improvements have not been completed,
the Planning and Zoning Commission or designated person shall (1)
extend the period, (2) take action to obtain the necessary monies
from the surety to complete the improvement, or (3) take action to
obtain the necessary monies from the surety to hold in the Village
Treasury until the improvements may be completed.
2.
The
performance guarantee shall guarantee the total required improvements
but may be reduced upon written authorization of the Planning and
Zoning Commission or St. Louis County Public Works, upon completion
of specific improvements provided the released amount does not exceed
seventy-five percent (75%) of the estimated cost for the specific
improvement or seventy-five percent (75%) of the total initial amount
of the performance guarantee. The total amount remaining in the performance
guarantee shall continue to guarantee completion of all improvements
until completely released in accordance with (3) below.
3.
Upon
completion of all improvements and final inspection, and approval
and acceptance by the Village of improvements which will be maintained
by the Village, the Planning and Zoning Commission may release the
remaining twenty-five percent (25%) of the performance guarantee.
4.
The
performance guarantee may be held by the Village until the Village
is provided written certification that improvements that have been
constructed meet the standards and have been accepted for maintenance
by other agencies such as the Metropolitan Sewer District, public
utilities, St. Louis County Department of Highways and Traffic and
Missouri State Highway Department.
[Ord. No. 03-397 §7, 1-9-2004]
A.
General. In the design of each subdivision or portion thereof,
the subdivider shall conform to the principles and standards of land
subdivision that will encourage good development patterns as set out
in this Chapter. Subdivisions shall provide for the coordinated development
of adjacent parcels of property.
B.
Street Design.
1.
Street
layout shall provide access to all lots and parcels of land within
the subdivision. Street jogs of less than one hundred twenty-five
(125) feet shall be prohibited. Cul-de-sacs shall not exceed one thousand
(1,000) feet in length as measured from the nearest intersecting street
or turnaround. The centerline of a newly platted street shall not
be located closer than two hundred fifty (250) feet from the center
diameter of a cul-de-sac except when no other public street access
is available to serve the parcel being developed.
2.
Minor
or neighborhood streets shall be designed so as to discourage through
traffic. Subdivision streets shall be platted to allow the distribution
of traffic throughout the Village.
3.
All
platted streets shall be public rights-of-way dedicated to the Village
of Marlborough. Private streets shall be prohibited.
4.
Reserved
strips controlling access to streets shall be prohibited.
5.
Minimum
widths of street rights-of-way shall be as follows:
a.
For
major or primary streets — sixty (60) feet.
b.
For
secondary or collector streets — sixty (60) feet.
c.
For
minor or neighborhood streets — fifty (50) feet.
d.
For
cul-de-sac streets serving less than nine (9) single-family residential
lots, including corner lots, with additional easements as required
— forty (40) feet, with approval of the Planning and Zoning
Commission for the purpose of reducing site grading.
6.
All
cul-de-sacs shall terminate in a circular right-of-way with a minimum
radius of fifty-five (55) feet with a five (5) foot wide easement
for street, sidewalk and utilities along the perimeter.
7.
Subdivisions
that adjoin or include existing streets that do not conform to the
required right-of-way widths shall dedicate additional width along
either or both sides of such streets. When the subdivision is located
on one (1) side of an existing street or road, a minimum of one-half
(½) of the required right-of-way shall be provided, measured
from the centerline of the right-of-way as originally established.
8.
Streets
shall be laid out to intersect as nearly as possible at right angles.
9.
If the
angle of intersection of two (2) streets is less than sixty degrees
(60°), the radius of the arc at the intersection of the property
lines shall be approved by the Planning and Zoning Commission and
St. Louis County Public Works Department. At the intersections of
other streets, the property line corners shall be rounded by arcs
with radii of not less than twenty (20) feet or chords of such arcs.
10.
At
intersections of streets with alleys, the property line corners shall
be rounded with radii of not less than fifteen (15) feet or chords
of such arcs.
11.
Intersection
of more than two (2) streets at one (1) point shall be prohibited.
12.
Where
parkways or special types of streets are proposed, the Planning and
Zoning Commission may modify the standards in the design of such parkways
and streets to be followed in the design of such parkways or streets.
13.
Horizontal
visibility on curved streets and vertical visibility on all streets
shall be maintained along the centerline as follows:
15.
All
changes in grade shall be connected by vertical curves to provide
a smooth transition and the required sight distance.
16.
Between
reversed curves on major streets, there shall be a tangent of not
less than one hundred (100) feet; and on collector and minor streets,
such tangent shall be not less than forty (40) feet.
17.
Maximum
grades for streets shall be as follows:
a.
Major
streets — not greater than six percent (6%).
b.
Collector
streets — not greater than ten percent (10%).
c.
Minor
or neighbor streets — not greater than ten percent (10%), however,
grades up to twelve percent (12%) may be approved by the Planning
and Zoning Commission for the purpose of reducing site grading.
d.
At
street intersections:
(1)
The grade of collector and minor streets shall not be greater than
four percent (4%) for a distance of fifty (50) feet from the center
of the intersection.
(2)
The grade of major streets shall not be greater than three percent
(3%) for a distance of fifty (50) feet from the center of the intersection.
e.
The
maximum grade of a cul-de-sac shall not be greater than five percent
(5%).
f.
Street
grades may exceed these limitations when recommended by the Planning
and Zoning Commission and approved by the Village Board of Trustees
for the purpose of conforming the street grade to the contour of the
existing land to reduce overall site grading and preservation of site
vegetation.
18.
The
minimum grade of any street gutter shall not be less than two percent
(2%).
19.
No
street shall have a name which will duplicate, or so nearly duplicate
as to be confused with, the name of an existing street, unless the
proposed street is an extension of or in alignment with an existing
street; in which case, the duplication shall be mandatory. All street
names of new streets on the subdivision plat shall be approved by
the U.S. Post Office before the final plat is submitted for approval.
20.
Alleys
shall be prohibited in residential areas but may be included in commercial
and industrial areas, when approved by the Planning and Zoning Commission,
where needed for loading, unloading or access purposes for the public
benefit.
21.
Dead-end
streets or alleys shall be prohibited except when provided with a
cul-de-sac as provided in this Code.
22.
If a private driveway easement is approved by the Planning and Zoning Commission as a waiver under Section 410.100 herein, then the building line shall in no event be less than fifteen (15) feet from any road maintenance easement; and no more than two (2) lots shall be served by a common driveway or by a private driveway easement.
23.
If
a waiver is granted for private streets, the private streets shall
be constructed to the same standards as public streets. Maintenance
of private streets shall be the sole responsibility of the property
owners or trustees of the subdivision. When streets are proposed as
private, the developer shall provide a trust indenture establishing
the method for providing continuous maintenance of the streets, street
lights, stormwater and other facilities which normally occur within
the right-of-way or street easement. The front yard area (building
line) on a private street shall be measured from the street right-of-way
line.
C.
Blocks.
1.
Blocks
shall not exceed twelve hundred fifty (1,250) feet in length.
2.
Blocks
shall be of sufficient width to permit two (2) tiers of lots of appropriate
depth, except where an interior street parallels a limited access
highway or railroad right-of-way.
3.
Within
blocks more than seven hundred (700) feet in length the Planning and
Zoning Commission may require, at or near the middle of the block,
a public walkway connecting adjacent streets or public areas, shopping
centers, etc. Such walkway shall be at least ten (10) feet in width
of right-of-way and shall be dedicated to public use for pedestrian
purposes only.
D.
Lots.
1.
Except
as otherwise provided in the Village of Marlborough Zoning Code such
as under a Community Unit Plan provision, all lots shall meet the
minimum area; the front, side and rear yard requirements; and the
minimum width requirements of the zoning district in which the subdivision
is located.
2.
All
lots shall abut and have access to a public street on a public right-of-way
dedicated to the Village of Marlborough, St. Louis County or the State
of Missouri.
3.
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 except
for lots with frontage on cul-de-sac and turnarounds, which shall
have at least fifty percent (50%) of the required width of the front
building line as frontage on the right-of-way line.
4.
Side
lines of lots shall be at approximately right angles to straight streets
and on radial lines on curved streets.
5.
Double
frontage lots should not be platted, except that, where desired along
major streets, lots may face on an interior street and back on such
thoroughfare. In the event double frontage lots are created on adjacent
property, appropriate screening shall be approved by the Planning
and Zoning Commission.
6.
Corner
residential lots shall be ten percent (10%) wider on both street frontages
than the required zoning width to permit appropriate setbacks.
7.
Lots
of a flag configuration, which could place a dwelling unit behind
a dwelling unit, shall not be platted. Lots which conform to (4) above
shall not be considered lots of a flag configuration.
8.
The
size, shape and orientation of lots and the orientation of structures
shall be designed to provide desirable building sites logically related
to topography, natural features, streets, parking areas, common land
(if any), other structures and adjacent land uses. Due regard shall
be given to preserving natural features which would add attractiveness
and value to the neighborhood such as large trees, unusual rock formations,
watercourses and sites which have a historical significance, scenic
views and similar assets.
9.
In single-family
residential zoning districts, the building area of a lot, which is
defined as the area enclosed by the side yard, rear yard and front
building lines, shall accommodate a rectangle with front and back
each equal to one-half (½) the zoning district lot width requirement
and the sides as defined in the zoning and building ordinances.
E.
Easements.
1.
Easements
for utilities shall be provided. Such easements shall have a minimum
width of ten (10) feet and, where located along interior lot lines,
shall normally be taken from one (1) lot. Before determining the location
of easements on the plat, the developer shall discuss the plan with
the local utilities companies in order to assure proper placement
for the installation of services. Adequate sewer and drainage easements,
as required by Metropolitan St. Louis Sewer District, shall be provided.
2.
Wherever
a subdivision is traversed by a watercourse, drainage channel or stream,
there shall be provided a drainage right-of-way which shall be for
the purpose of widening, straightening, improving or protecting the
stream at the subdivision's expense as a part of the subdivision improvements.
The width of the drainage right-of-way shall be adequate for any necessary
channel relocations and straightening and the plan shall be reviewed
with and approved by Metropolitan St. Louis Sewer District prior to
final approval by the Village.
3.
Common
ground easements, such as cul-de-sac islands, shall be dedicated to
the trustees of the aforementioned subdivision for landscape maintenance.
No above ground structure, other than required street lights or other
public utilities in accordance with the approved improvement plans,
may be constructed or installed within a cul-de-sac island without
authorization by the Village.
F.
Environmental Protection And Common Ground.
1.
In the
subdividing of any land within the Village of Marlborough, due regard
shall be shown for all natural features such as tree growth, watercourses
or other similar elements which, if preserved, would add attractiveness
to the proposed development.
2.
The
natural topography shall be retained wherever possible in order to
reduce excessive stormwater runoff onto adjoining property and to
avoid extensive regrading of the site.
3.
Location
and floor elevations of all proposed buildings shall be carefully
studied in relation to proposed street grades, existing topography,
trees and pertinent site features in order to preserve all such features
insofar as possible and desirable.
4.
Consideration
shall be given to increasing the setback or front building line from
that required in the zoning district in which the subdivision is located
in order to retain, whenever possible, existing topography, rock formations,
large trees, natural features, natural watercourses, historical sites
or other similar assets.
5.
The
building area of a lot shall not be within fifty (50) feet of the
centerline of an existing water course nor be on a slope of twenty-five
percent (25%) or greater grade.
6.
To protect
adjacent and downstream property from the effects of erosion and siltation,
the Planning and Zoning Commission may require common ground be preserved
in a natural state for areas within thirty-five (35) feet of the centerline
of an existing watercourse or on slopes of twenty-five percent (25%)
or greater grade.
7.
The
minimum area of any parcel of land designed as common ground shall
be five thousand (5,000) square feet and have a minimum twenty (20)
foot wide access to public right-of-way. There may be more than one
(1) parcel of common ground in a subdivision; however, each parcel
shall have no less than the foregoing minimum area. Common ground
located within cul-de-sacs shall be exempt from this requirement.
8.
If construction
activities disturb land or entails the grading or excavation of a
surface area of five (5) acres or greater, a land disturbance permit
shall be obtained from the Missouri Department of Natural Resources.
G.
Non-Residential Subdivisions. In addition to the principles
and standards of this Chapter which are appropriate to the planning
of all subdivisions, the subdivider of a subdivision intended for
non-residential use shall demonstrate to the satisfaction of the Planning
and Zoning Commission that the street, parcel and block pattern proposed
is specifically adapted to the uses anticipated and is compatible
with other uses in the vicinity. For such proposals the following
principles and standards shall be observed:
1.
Proposed
industrial parcels shall be suitable in area and dimensions to the
type or types of industrial development anticipated.
2.
Street
right-of-way and pavement shall be adequate to accommodate the type
and volume of traffic anticipated.
3.
The
Planning and Zoning Commission may impose special requirements with
respect to street, curb, gutter, street light, planting, sidewalk,
utility and other improvements to meet special needs.
4.
Lots
which are platted adjacent to residential uses or residential zoning
districts shall have increased width, depth and/or area to provide
adequate space for screening and/or buffering as required by the Zoning
Code.
5.
No public
or private street shall be platted which connects to a minor existing
street which has residential zoning districts on both sides.
[Ord. No. 03-397 §8, 1-9-2004]
A.
General.
1.
Improvements
shall be provided by the subdivider in each new subdivision in accordance
with the standards and requirements of this Chapter.
2.
Improvements
shall be constructed in accordance with the standard specifications
of the Department of Highways and Traffic of St. Louis County, Missouri,
except as amended in the Subdivision Code.
3.
These
construction standards may be modified when the modification at least
equals the specific construction requirement, meets the intent of
the construction standard, provides the Village with a superior product
and/or incorporates the latest construction standards/practices of
the St. Louis County Department of Highways and Traffic and the modification
is approved in writing by the St. Louis County Director of Public
Works.
4.
The
Village shall not accept any public improvement for public maintenance
until completion and final inspection and approval by the St. Louis
County Director of Public Works.
B.
Site Grading/Environmental Protection.
1.
The
slope of the finished ground surface between lots, between adjacent
properties and between lots and streets shall not be steeper than
two (2) horizontal to one (1) vertical when in cut, nor steeper than
three (3) horizontal to one (1) vertical in fill.
2.
The
grading plan will be examined and approved or rejected by the Planning
and Zoning Commission and the Village Board of Trustees on the basis
of factors such as preservation of the natural features of the site,
providing adequate drainage of the area, protection of adjacent and
downstream property from the effects of erosion and siltation, the
location and gradient of streets, access to lots from streets and
similar criteria.
3.
Interim
stormwater drainage control in the form of siltation control measures
shall be required to protect adjacent property and public right-of-way.
4.
Erosion
and sediment control devices shall be approved by the Department of
Natural Resources if construction activity disturbs a land surface
area of five (5) acres or greater.
C.
Streets.
1.
Street
improvements, including paving, curbs, sidewalks, preparation of subgrade,
bridges, culverts, etc., shall be constructed in accordance with plans
and specifications, prepared for the subdivider by a professional
engineer registered to practice in the State of Missouri.
2.
The
minimum width of street pavement, back to back of curbs, shall be
as follows:
a.
For
major streets — forty-four (44) feet.
b.
For
collector streets — thirty-six (36) feet.
c.
For
minor streets — twenty-six (26) feet.
d.
For
cul-de-sacs — The minimum radius of the turnaround paving at
the terminus shall be fifty (50) feet. The center cul-de-sac planting
island shall be a maximum radius of sixteen (16) feet. An area three
(3) feet behind the curbing of the island of a cul-de-sac shall be
free of obstructions.
3.
The
pavement shall be constructed of Portland cement concrete or asphaltic
concrete in accordance with the standard specifications of the Department
of Highways and Traffic of St. Louis County, Missouri.
4.
Prior to the construction of street or alley pavements, all subsurface utility pipes and sewers shall be installed as required and trenches backfilled with backfill material thoroughly compacted in place in accordance with the requirements of Subsection (J) of this Section.
5.
All
construction shall be completed in accordance with the approved plans
and specifications and in a manner acceptable to the authorities having
jurisdiction. When changes from approved plans and specifications
become necessary during construction, written approval from the Village
designated engineer shall be secured before the execution of such
changes.
6.
The
Village shall not accept any street for maintenance until completion
and final inspection and approval by the Department of Public Works
of St. Louis County.
7.
If a
waiver is granted for private streets, maintenance of private street
improvements will be provided in the subdivision restrictions through
a maintenance agreement or trust indenture setting forth the method
of assessment and collection of the monies necessary for such maintenance.
8.
When
a proposed subdivision adjoins an existing street that does not conform
to the required width, a minimum of one-half (½) of the required
width shall be constructed as measured from the centerline of the
existing pavement.
9.
A minimum
radius of thirty-two (32) feet at the back of curb shall be required
at all street intersections.
10.
Transverse
under drains shall be required under street pavement at all sags,
low points or other locations which contain a stormwater inlet adjacent
to the street pavement.
11.
The
rolled stone base shall be constructed of two (2) inch clean crushed
stone.
12.
Concrete
pavement shall consist of Portland cement concrete consisting of six
and one-quarter (6¼) sacks of cement per cubic yard with a
maximum slump of four (4) inches. All concrete shall be air-entrained
with an air content of four to six percent (4% — 6%). No calcium
shall be added to the mix.
D.
Curbs And Gutters.
1.
Curbs
or curbs and gutters shall be constructed in conjunction with all
street pavements.
2.
Combination
curb and gutter shall be of Portland cement concrete at least eighteen
(18) inches wide and not less than seven (7) inches thick where the
gutter abuts the street pavement.
3.
Curb
construction for concrete pavements may be integral with the pavement
and roll-type curbs may be permitted on residential streets where
no hazard to pedestrians is involved.
E.
Sidewalks.
1.
Sidewalks shall be built along both sides of streets within the new subdivision and on the subdivision side of adjoining streets. For cul-de-sac streets serving less than nine (9) single-family residential lots, including corner lots, the Planning and Zoning Commission for the purpose of reducing site grading may reduce the sidewalk requirement to one (1) side of a new street within the subdivision and/or eliminate the requirement for sidewalks around the cul-de-sac. Sidewalks may also be required as deemed necessary by the Planning and Zoning Commission for public safety and convenience. The Commission should determine the location of all sidewalks with regard to the factors identified in Subsection (E)(6) below. Sidewalks should be placed in the right-of-way with the edge of the sidewalk parallel to and located one (1) foot from the right-of-way if feasible in accordance with Subsection (E)(6) below.
2.
Sidewalk
walkways or sidewalk walk-throughs shall be required as determined
by the Planning and Zoning Commission for the purpose of facilitation
access between streets, particularly in the case of access which permits
more direct routes to schools. Sidewalk walk-throughs shall be dedicated
to the trustees or representatives of the subdivision for maintenance.
3.
All
sidewalks shall be constructed in accordance with the standard specifications
of the Department of Highways and Traffic of St. Louis County. Sidewalks
shall have a minimum thickness of four (4) inches, except at driveways
they shall be seven (7) inches thick. Sidewalks shall be constructed
on a two (2) inch thick stone base consisting of one (1) inch minus
crushed stone. Sidewalk pavement shall consist of Portland cement
concrete consisting of six and one-quarter (6¼) sacks of cement
per cubic yard with a maximum slump of four (4) inches. All concrete
shall be air-entrained with an air content of four to six percent
(4% — 6%). No calcium shall be added to the mix.
4.
The
minimum width of a sidewalk shall be four (4) feet in industrial and
residential areas. In commercial areas, the Commission shall determine
the width of the sidewalk as deemed necessary.
5.
All
sidewalks shall be handicapped accessible.
6.
If a
developer requests a waiver from the above sidewalk requirements,
the Planning and Zoning Commission shall determine the feasibility
of the sidewalk construction considering, but not limited to, the
following factors:
a.
Interference
with existing structures.
b.
Existing
site grades and roadway grade.
c.
Excessive
construction cost.
d.
Planned
structures.
e.
Drainage
patterns and controls.
f.
Federal,
State and County regulations. Preservation of significant site vegetation.
g.
Preservation
of natural features, such as large trees, unusual rock formations,
water courses, historical significance and similar assets.
h.
Conditions
peculiar to a site.
i.
Public
safety and convenience.
|
|
If the Commission determines sidewalks are not feasible, the
developer shall pay the subdivision sidewalk waiver fee or, in lieu
of the fee, the Commission may require enhanced features to the subdivision
such as landscaping of approximate equal value.
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F.
Water System.
1.
A system
of water mains, valves and fire hydrants connected to the water supply
system of the Village of Marlborough shall be installed by the subdivider.
The system shall be designed to supply water service and fire protection
to all lots in the subdivision and to ensure proper circulation to
and within the system. Materials and construction methods shall conform
to those currently employed and specified by the water provider to
the Village. Water mains shall be sized and fire hydrants shall be
located as required by the Insurance Services Offices of Missouri
and St. Louis County Public Works Department. Fire hydrants shall
be spaced no more than six hundred (600) feet apart and water mains
shall be a minimum of six (6) inches in size. Plans shall be prepared
by a professional engineer registered to practice in the State of
Missouri and shall be approved by the Insurance Services Office of
Missouri before approval by the Planning and Zoning Commission.
2.
The
water system installed by the subdivider as proposed in this Section
shall, upon approval and acceptance, become at once the property of
the public utility; and the public utility shall have exclusive control
and use thereof, subject to the right of the owners and residents
of property in the area subdivided to be served thereby, under the
rules and regulations of the Water Department of the Village of Marlborough.
3.
Backfill
of water line trenches shall conform to the requirements of St. Louis
County of this Chapter.
G.
Sanitary Sewer System And Sewage Disposal.
1.
A system
of sanitary sewers and appurtenance, providing a connection to each
lot in the subdivision, designed in accordance with the standard specifications
and requirements of the Metropolitan St. Louis Sewer District and
installed under permit from and inspection of said sewer district,
shall be installed in the subdivision. Original construction shall
include installation of house laterals to the property line for all
lots in the subdivision.
2.
Plans
for the sanitary sewer system shall be prepared by a professional
engineer registered to practice in the State of Missouri and shall
carry the stamp of approval of the Metropolitan St. Louis Sewer District
when submitted to the Planning and Zoning Commission for approval.
3.
Construction
of the sanitary sewer system and inspection of Metropolitan St. Louis
Sewer District and, upon completion of construction, acceptance for
maintenance by Metropolitan St. Louis District shall be obtained by
the subdivider from the district in accordance with the regulations
and requirements of said district.
4.
The
sanitary sewer system of the subdivision, when completed, shall connect
to the sanitary sewer lines of the Metropolitan St. Louis Sewer District;
or if such connection is impracticable, the subdivider shall provide
a local sewage disposal facility for the subdivision as approved by
St. Louis County.
5.
Plans
and specifications for such local sewage disposal facility shall be
prepared for the subdivider by a professional engineer registered
to practice in the State of Missouri and the facility shall be designed
and installed in accordance with the regulations of the State Board
of Health and under the inspection of the St. Louis County Health
Department and Metropolitan St. Louis Sewer District.
6.
Acceptance
of a local sewage disposal plant for operation and maintenance shall
be by Metropolitan St. Louis Sewer District and shall be obtained
by the subdivider in accordance with the requirements of said sewer
district.
7.
In cases
where no outlet to the sanitary sewer system of the Metropolitan St.
Louis Sewer District is reasonably available for a two (2) lot subdivision
development and where each lot contains a minimum of one (1) acre,
the subdivider may be permitted to install a disposal system for each
lot (septic tank with disposal field). Such individual sewage disposal
systems shall be erected in accordance with the regulations and requirements
of the State Board of Health and under the supervision and inspection
of the St. Louis County Health Department.
8.
Backfill
of trenches for sanitary sewer installations shall conform to the
requirements of St. Louis County.
H.
Stormwater Drainage Provisions.
1.
Adequate
provision shall be made for the disposal of stormwater, subject to
the approval of the Planning and Zoning Commission and the Metropolitan
Sewer District. The detailed plans for the proper disposal of stormwater
affecting the proposed subdivision, including the runoff from the
area tributary as well as the area being developed, shall include
such improvement as may be necessary to all open drainage channels,
such as widening, straightening and paving, and a system of underground
pipe sewers and appurtenances which shall be separate and independent
of the sanitary sewer system. The plans shall be prepared by a professional
engineer, registered to practice in the State of Missouri in accordance
with the standard specifications and requirements of the Metropolitan
St. Louis Sewer District.
2.
Plans
for stormwater facilities, when submitted to the Planning and Zoning
Commission for approval, shall bear the stamp of the approval of the
Metropolitan St. Louis Sewer District.
3.
The
construction of stormwater facilities shall be under permit from the
inspection of said Metropolitan St. Louis Sewer District and, upon
completion of construction, acceptance for maintenance by said Metropolitan
St. Louis Sewer District shall be obtained by the subdivider from
the district in accordance with the regulations and requirements of
said district.
4.
If stormwater
detention is required by the Metropolitan Sewer District or the Village
of Marlborough for single-family residential subdivisions, it shall
be provided underground in pipes or chambers designed for such detention.
The pipes or chambers shall be constructed of reinforced concrete
and shall be covered with earth and shall not be located in the principal
building area of any lot. Dry or wet above ground detention shall
not be permitted in single-family subdivisions.
5.
Backfill
of trenches for storm sewer installations shall conform to the requirements
of St. Louis County.
I.
Underground Utility Lines.
1.
All
electric, telephone and cable TV utility lines shall be installed
underground in conformance with the standards and specifications of
the particular utility company involved. They shall be located within
easements or public rights-of-way in a manner which will not conflict
with other utilities or services.
2.
Installation
of utility lines and appurtenances, whether above or below ground,
shall be located so as to reduce unsightliness and hazard to the public
to a minimum.
J.
Backfill Under Pavements. All open excavations for sewers
and for public utilities (except the gas utility) made under existing
pavements or areas proposed to be paved shall be carefully backfilled
with granular backfill material, approved by the Village designated
engineer, thoroughly compacted in place in such a manner as to inhibit
any settlement of the finished pavement. Such excavations made in
existing paved areas shall be made in accordance with the requirements
and regulations of Village of Marlborough, Missouri. The exception
of the gas utility from the granular backfill provisions of this paragraph
does not exempt that utility from thorough compaction of its backfill
so as to avoid pavement settlements.
K.
Street Lighting.
1.
Provision
shall be made by the subdivider for the installation of street lights
along all public streets within the subdivision. A street light shall
be provided at each intersection of streets, at each intersection
of a street with a pedestrian walkway, at each circular turnaround
and at intervals of not greater than three hundred (300) feet between
such locations.
2.
Street
lights shall be mounted on ornamental concrete or steel poles serviced
by underground wiring and shall conform to the recommendations of
the Village Engineer, as approved by the Planning and Zoning Commission,
for each installation.
3.
Electric
current for street lighting will be provided by the Village of Marlborough
without cost to the property owners in the subdivision and does not
in any way pertain to or effect the costs associated with the installation
of street lighting, fixtures, etc.
L.
Street Name Signs.
1.
Street
name signs shall be erected at all street intersections on diagonally
opposite corners so that they normally will be on the right-hand side
of the intersection for traffic on the more heavily traveled street.
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 five (5) feet back of the curb line.
2.
The
design, materials of construction and method of installation of street
name signs shall conform to the current standard employed by the Village
of Marlborough Planning and Zoning Commission for such work at the
time of installation.
M.
Planting.
1.
Frontage tree plantings. The subdivider shall plant trees
in front of the building line but not within the public right-of-way
approximately five (5) to ten (10) feet from the public right-of-way
along all streets in new residential subdivisions that are not located
in wooded areas or where existing trees cannot be preserved in the
development of the subdivision. The trees shall be provided in a ratio
of not less than one (1) tree for each fifty (50) feet of frontage.
At street corners the nearest tree shall be located a minimum of twenty-five
(25) feet from the intersection of the street right-of-way lines.
Plant material shall be of species compatible with the climate and
soil factors within the Village of Marlborough. A list indicating
acceptable plant material is available from the Missouri Department
of Natural Resources. Deciduous (shade) trees shall be a minimum two
and one-half (2½) inch caliper, evergreen trees shall be a
minimum six (6) feet in height and understory trees shall be a minimum
one and one-half (1½) inch caliper.
2.
Planting screens. Within areas designated on the improvement
plan for screen planting, a continuous planting of evergreens and
deciduous trees shall be provided consisting of a minimum of one (1)
two (2) inch diameter deciduous tree, two (2) two (2) inch diameter
flowering trees and eight (8) six to eight (6 — 8) feet tall
evergreens for each one hundred (100) feet of such screen.
3.
Non-residential subdivisions. Planting in subdivision other
than residential shall be done in accordance with the requirements
of the Planning and Zoning Commission as determined in each case.
4.
Total tree density requirement for residential subdivisions.
a.
The
subdivider shall provide new and/or existing trees throughout the
subdivision to the average minimum of one (1) tree per two thousand
(2,000) square feet of site area less street rights-of-way. (This
excludes frontage trees and screening trees.)
b.
Each
lot shall have a minimum of one (1) tree (new or existing) per four
thousand (4,000) square feet of lot area. (This excludes frontage
trees and screening trees.)
c.
Trees
shall be spaced so that each lot has a minimum tree canopy coverage
area of three hundred fifty (350) square feet per one thousand (1,000)
square feet of lot area (thirty-five percent (35%) coverage). The
developer shall provide a landscaping plan which locates and identifies
by species new and existing trees to be counted as fulfilling the
tree requirements. The tree canopy area shall be shown on the final
landscaping plans. The canopy for each tree shall be drawn in accordance
with the canopy sizes for mature trees shown on the acceptable plant
material list available from the Missouri Department of Natural Resources.
d.
Preserved
existing and new deciduous trees shall be at least two and one-half
(2½) inches in caliper. Evergreen trees shall be a minimum
of six (6) feet in height. Trees shall be of a species approved by
the Village.
e.
Significant
existing trees shall be live, healthy trees of a species suitable
for the urban environment having a diameter of eight (8) inches or
greater as approved by the Planning and Zoning Commission.
f.
The
final improvement plans shall show significant trees designated by
the Planning and Zoning Commission to be saved by the subdivider.
If a significant tree or trees designated in the final improvement
plans to be saved is lost for any reason by the time of the final
inspection of the subdivision, the lost tree(s) shall be replaced
by three (3) times the number of trees lost.
The Village may require the value of trees to be preserved to
be included in the subdivision's performance guarantee. Should these
designated saved trees be lost due to willful actions or neglect of
the developer, the developer shall provide landscaping and trees in
the subdivision equal to the performance guarantee amount or forfeit
the amount to the general revenue of the Village of Marlborough.
If the trees designated to be saved are lost due to the willful
actions or neglect of the developer, he/she shall be in violation
of and be subject to the penalties under the Code of Ordinances. If
any significant tree as identified in the tree study to be saved dies,
is destroyed or removed and the developer failed to conform to any
special provisions of the subdivision approval ordinance regarding
the protection of the trees, his/her actions shall be considered prima
facie evidence of neglect and willful action.
g.
Where
it is determined that removal of significant trees has occurred within
two (2) years prior to the filing of the preliminary plat, the Planning
and Zoning Commission and/or Village Board of Trustees may require
plantings in excess of the above requirements up to one and one-half
(1½) times the number of trees that would otherwise be required.
h.
In
the center island of a cul-de-sac, plantings shall be restricted to
ground cover with a maximum height of thirty (30) inches above grade.
Trees shall be only of a deciduous type trimmed to provide a minimum
clearance to all limbs of six (6) feet above grade.
N.
Monuments, Markers And Bench Marks.
3.
Monuments
shall be approved by the Planning and Zoning Commission and shall
be constructed of concrete with minimum dimensions of four (4) inches
by (4) inches at the top and six (6) inches by six (6) inches at the
bottom with a length of three (3) feet. They shall be marked with
either a copper or steel dowel embedded so that the top of the dowel
shall be flush with the top surface at the center of the monument.
Monuments shall be set so that the bottom extends at least four (4)
inches below frost line.
4.
Markers
shall consist of galvanized steel or wrought iron pipe or steel bars
at least eighteen (18) inches in length and three-quarters (¾)
of an inch in outside diameter.
5.
Monuments
and markers shall be so placed that the center point shall coincide
with the point to be marked and the top is level with the surface
of the surrounding ground after final grading.
6.
Monuments
and markers shall be set after the completion of all grading operations
and in such manner as to preclude their destruction during subdivision
construction activities.
7.
Where
a permanent bench mark is not located within one thousand (1,000)
feet of the center of the subdivision and so noted on the final plat,
a permanent bench mark, elevation of which is referred to mean sea
level, shall be set and accurately noted on the subdivision plat.
O.
Privately Developed Facilities. Where the subdivision is
to contain pavements, walks, sewers, sewage treatment facilities,
water supply systems, park areas or other physical facilities which
will not be owned, operated or maintained by existing public agencies,
provision shall be made by trust agreement, which is part of the deed
restrictions and which is acceptable to the proper public agencies
having jurisdiction, for the continuing maintenance, supervision,
operation, reconstruction of such facilities by the lot owners in
the subdivision.
[Ord. No. 03-397 §9, 1-9-2004]
A.
All improvements
proposed to be made under the provisions of this Chapter, both public
and private, shall be inspected during the course of construction
by the Village Engineer or his/her duly designated representative.
They shall also be inspected and must be approved, as installed, by
all regulatory bodies, such as Metropolitan St. Louis Sewer District,
St. Louis County Health Department, St. Louis County Department of
Highways and Traffic and Missouri State Highway Department holding
jurisdiction by virtue of Statute of the State of Missouri.
B.
All fees
and costs connected with such inspections and all costs accruing in
the review of the plans and specifications for such improvements shall
be paid by the subdivider.
C.
Before
the final plat of the subdivision is approved by the Planning and
Zoning Commission, the subdivider shall pay to the Village of Marlborough,
as a land subdivision permit fee, an amount equal to twenty dollars
($20.00) per lot plus one and one-quarter percent (1¼%) of
the Village engineer's estimate of cost of all such subdivision improvements
(including paving, storm drainage, sanitary sewers, sewage disposal
facilities, water mains, fire hydrants, street lights, street name
signs, survey monuments and markers and site grading) in order to
defray the cost to the Village of Marlborough for processing the subdivision
application and making the inspections required during construction.
D.
The applicant
shall pay a filing fee for a subdivision sidewalk waiver in an amount
of twenty-seven dollars fifty cents ($27.50) per linear foot where
the sidewalk waiver is approved.
[Ord. No. 03-397 §10, 1-9-2004]
When a subdivider can show that a provision of this Chapter
would cause unnecessary hardship if strictly adhered to and when,
in the opinion of the Planning and Zoning Commission because of conditions
peculiar to the site, a departure may be made without destroying the
general intent and spirit of the provision, the Planning and Zoning
Commission may recommend a waiver or modification to the Village Board
of Trustees. The subdivider shall apply in writing for such waiver
or modification. Any such waiver or modification thus recommended
shall be entered in writing in the minutes of the Board of Adjustment
and the reasoning on which the departure was justified shall be set
forth. Approval of the waiver or modification by the Village Board
of Trustees shall be by ordinance, usually as part of the ordinance
approving the final plat of the subdivision.
[Ord. No. 03-397 §11, 1-9-2004]
No building permit shall be issued by St. Louis County Public
Works for the construction of any building, structure or improvement
to the land or any lot within a subdivision until all the requirements
of this Chapter have been fully complied with.
[Ord. No. 03-397 §12, 1-9-2004]
No plat of a subdivision in the Village of Marlborough shall
be recorded in the St. Louis County's Recorder's office or have any
validity until it has been approved in the manner prescribed in this
Chapter.
[Ord. No. 03-397 §13, 1-9-2004]
After the final plat of a subdivision, submitted and approved
in accordance with the provisions of this Chapter, has been recorded
in the office of the Recorder of Deeds of St. Louis County, Missouri,
a mylar print and two (2) paper prints of said plat, bearing imprint
of the Recorder's stamp thereon, shall be filed in the office of the
Village Clerk as part of the records of the Village.
[Ord. No. 03-397 §14, 1-9-2004]
Any person, firm or corporation violating any of the provisions
of this Chapter, or any other person participating or taking any part
in a violation of any of the provisions of this Chapter, may, upon
conviction, be punished by a fine of not more than five hundred dollars
($500.00) for each offense, or by imprisonment for not more than six
(6) months, or by both such fine and imprisonment. Each day a violation
continues after service of written notice from the Village Administration
to abate such violation shall constitute a separate offense.
