[Ord. No. 1690 §1, 2-15-2007]
This Chapter shall apply to any subdivision of land into two (2) or more separate residential building lots within any residential zoning district of the City of Woodson Terrace. Compliance with all requirements of this Chapter is a condition precedent to the approval of a plat for recording.
Notwithstanding the foregoing a single lot may be divided into two (2) lots and the final plat thereof approved for recording by the Board of Aldermen without compliance with the subdivision regulations procedure; provided that upon such subdivision each of the two (2) lots meet all of the requirements and regulations of the zoning district in which the subdivided lot is situated.
[Ord. No. 1690 §2, 2-15-2007]
Any person or organization or entity desirous of subdividing land for residential housing purposes shall file an application in the form required by the City's Administrative Assistant in consultation with the City's consulting engineer and the City Attorney. Such application shall be accompanied by the data, documents, attachments and a proposed final plat of such subdivision, which submission shall include information necessary, along with any additional information he/she may reasonably request, for a determination by the Administrative Assistant whether the plans submitted supply the information required by this Chapter. The Administrative Assistant shall determine the number of plans and plats required by the City for processing the application.
[Ord. No. 1690 §3, 2-15-2007]
The completed application with all addendum, data, documents and proposed final plat shall be submitted to the Planning and Zoning Commission for their review and recommendation to the Board of Aldermen. Among other things, the Planning and Zoning Commission shall consider whether or not the proposed subdivision, to the extent it does not comply with the regulations applicable to the use of land and structures within the specified residential housing zoning district, is compatible with and harmoniously blends with existing housing; provides modern alternative housing options for current residents or to attract new residents; promotes economic development within the City and is consistent with the broad intent and purpose of the Zoning Ordinance to promote health, safety, or the general welfare of the community and encouraging the most appropriate use of land throughout the City of Woodson Terrace.
[Ord. No. 1690 §4, 2-15-2007]
Engineering And Technical Data.
A north arrow, scale of adequate size to provide all plans of twenty-four (24) inch by thirty-six (36) inch size only.
The name, address of record owner(s) of tract.
The party who prepared the plans and a document stating for whom the plat was prepared.
Copy of authority from the owner for proper consent to proceed with the project.
The signatures, seal and date of the professional who prepared the plans.
The date of submitting a complete application with all fees.
Name, address and documentation identifying the developer if different than owner of record.
Identity of responsible party, i.e., the individual or entity responsible for performance of commitments of builder.
The area of tract in acres.
Sufficient contours to indicate slopes, drainage, high and low points, etc. All the contours will be extended to at least one hundred fifty (150) feet beyond the tract limits.
The location of existing property lines, streets, sidewalks, watercourses, sinkholes, bridges, culverts, sewers, easements of record, existing buildings/structures, walls or other improvements that are to remain and other natural features of interest.
The results of any tests made to ascertain the soils or rock beds and water table.
The zoning districts.
Area of each available lot.
Lot lines and dimensions.
Front, rear and side yard building setback lines with proposed location on lot of the main housing structure and any porches and accessory buildings, if any.
Layout of proposed streets, sidewalks, major watercourses, culverts, and other main features.
[Ord. No. 1690 §5, 2-15-2007]
Improvement plans and proposed final plat twenty-four (24) by thirty-six (36) inches in size shall be prepared by a registered Missouri licensed professional land surveyor engineer and bear his/her seal and shall contain the following:
Title page, key map showing location and prominent other neighboring or adjoining streets.
North arrow and graphic scale.
Name and address of developer, engineering firm, owner of record as well as engineer's signature, seal and date.
Appropriate benchmark, its elevation and proper location of reference point based on U.S.G.S. datum.
List of all applicable standards and its respective specifications, and citing references.
Typical paving section for streets to be six (6) inches of rock over well prepared subgrade with six (6) inches of Portland cement concrete or eight (8) inches of hot asphalt when placed in three (3) lifts. Proper concrete curb and gutter sections will be included in fifty (50) feet right- of-ways and minimum of twenty-six (26) feet wide paved street from back of curb to back of curb. Most of other details for regular concrete curb and gutter are the ones normally utilized in the residential industry.
Details of existing and proposed sewers, drainage channels including maps, runoff calculations with water shed maps.
Plans and profiles of streets, sewers.
Existing and proposed survey monuments.
Proper landscape plan including beams, elevated flower beds, size and type of plantings, etc.
Location and limits of common areas/ground. If those areas of common ground are disturbed, the developer shall provide seed and straw to minimize any erosion and washouts.
Detailed cost estimate for all on-site proposed improvements with break down of quantities and unit prices will be provided to the City for its review and approval by the City's consulting engineer. The City's consulting engineer shall consider such estimates in determining the amount of any security required to insure completion of all improvements.
The City's consulting engineer will review and approve all public improvement plans in accordance with customary engineering practice.
A general description of the buildings to be erected, with rough floor plans, elevations, color scheme, materials of construction, landscape and setting of buildings on the lots for the Planning and Zoning Commission to determine if the proposed development design is in keeping with the intent and purpose of this Chapter.
The project will be reviewed by the Police and fire district for their comments and concerns.
The applicant will provide a street lighting plan including size, type, height of proposed poles and lumens of proposed fixtures to be reviewed by the staff.
All utilities will be underground. The applicant will provide a set of approved plans for water lines and fire hydrants, gas plans, electric, telephone/cable, etc., to the City.
Letter from County Collector that all taxes on the property are paid.
[Ord. No. 1690 §6, 2-15-2007]
The Planning and Zoning Commission may submit its recommendations to the Board of Aldermen conditioned upon changes, additions and deletions to the improvement plans. If no recommendation is received by the Board of Aldermen within sixty (60) days of the date the application is submitted to the Planning and Zoning Commission, it shall be deemed approved. The proposed final plat may not be required to be amended until after the public hearing and until submission of the final plat and accompanying documents to the Board of Aldermen for action on the proposed subdivision.
[Ord. No. 1690 §7, 2-15-2007]
Prior to or contemporaneously with submission to the Board of Aldermen for approval of the final plat, the applicant shall provide, where required by law or agency regulations, the following:
All proposed easements for utilities and sewers will be provided as approved by the City. Proper slope easements for a "cut" or "fill" for street purposes will be appropriately provided. Proper drainage easements and detention/retention facilities will be provided in accordance with MSD regulations.
Approval of Metropolitan St. Louis Sewer District (MSD) for all sewers and detention/retention facilities.
Agreement to comply with all aspects of National Pollutant Discharge Elimination System (NPDES) Phase II.
Approval of Missouri Department of Natural Resources for all the proposed land disturbance.
The developer shall apply for and receive all necessary approvals from Army Corps of Engineers with respect to Section 401 and 404 of the Clean Water Act and shall comply with all Best Management Practices (BMP'S).
Permits from Missouri Department of Transportation (MoDOT) and or St. Louis County Department of Highways, if the project site abuts those streets which are under their jurisdictions.
[Ord. No. 1690 §8, 2-15-2007]
Pursuant to the provisions of Section 89.410, RSMo., in lieu of the completion of the work of installation of improvements and utilities previous to final approval of a plat, the City shall accept, at the option of the developer, an escrow secured with cash or an irrevocable letter of credit by a bank or credit union authorized to do business in the State of Missouri deposited with the City. The City may accept a surety bond and such bond shall be in an amount and with surety and other reasonable conditions providing for and securing the actual construction and installation of the improvements and utilities within a time period specified by the Board of Aldermen and expressed in the bond.
The escrow shall be in cash or an irrevocable letter of credit deposited with the City and shall be subject to approval as to form by the City Attorney. If a surety bond is accepted by the City, it shall be subject to approval as to form by the City Attorney. Any such security shall be on such terms and in such amounts as will put the City in an assured position to be able to do or complete the work of construction and installation of all plan improvements including detention ponds, all utilities and streets.
Public streets shall be dedicated to the City for public use forever. Maintaining of all streets shall be at the cost of the developer for a period of two (2) years following recording of the final plat or until all lots in the subdivision shall have been sold, whichever is sooner.
[Ord. No. 1690 §9, 2-15-2007]
Prior to final plat approval as a condition of such approval, the developer shall file with the City deed restrictions and trust indenture in form approved by the City Attorney to insure proper maintenance of any common ground in the subdivision including any detention pond with provisions for assessments by trustees upon each lot in the subdivision, sufficient from time to time to properly keep and maintain such common ground and detention pond in good condition; authorizing the City to perform such work in the event the subdivision trustees fail to do so and providing for a lien in favor of the City against each lot to be collected in the same manner as the collection of real property taxes.
[Ord. No. 1690 §10, 2-15-2007]
Prior to construction and installation of subdivision improvements, the developer and contractors and subcontractors shall give timely notice to the City's Administrative Assistant of the schedule of the planned construction installation of streets, utilities and detention ponds, so that the installation can be inspected by the City's consulting engineer and the affected utility companies including the Metropolitan St. Louis Sewer District at reasonable times as the work commences and progresses.
[Ord. No. 1690 §11, 2-15-2007]
At the time of submission of subdivision plans to the City's Administrative Assistant, the owner/developer shall pay to the City the sum of four hundred dollars ($400.00) to cover the expenses and cost to the City of the time of the Administrative Assistant and other City staff, other than the City's consulting engineer and City Attorney, engaged in review of and consideration of the proposed subdivision plat. The payments by the City to the City's consulting engineer for his/her services performed on behalf of the City in review and approval of plans and inspection and approval of subdivision improvements shall be reimbursed to the City by the owner on presentation of a receipt therefore; provided however, that services of the City Attorney in the drafting of the subdivision regulations and performance of other services pursuant to this Chapter and in connection with application for and approval of a subdivision plan and final plat and the services of the City's consulting engineer in connection with the drafting and adopting of this Chapter shall be paid from the City's Economic Development Tax Fund.
[Ord. No. 1690 §12, 2-15-2007]
In addition to the penalties and civil and equitable relief provided in Section 89.450, RSMo., the City shall recover from the owner(s) of the land attorney's fees and costs incurred to enforce the provisions of this Chapter, including construction and installation of all subdivision plan improvements including detention ponds in accordance with the plans and specifications approved by the City's consulting engineer, and to enforce provisions of any agreements between the City and owner/developer including deed restrictions and trust indentures.
[Ord. No. 1690 §13, 2-15-2007]
In the event a developer transfers title of the subdivision property prior to full release of the escrow, a letter of credit or a surety bond, the City shall accept a replacement escrow or letter of credit from the successor developer in the form and amount of the escrow or letter of credit held by the City at the time of such transfer and the City shall release the original escrow or letter of credit in full and release the former developer from all further obligations with respect to the subdivision improvements if the successor developer also assumes all of the outstanding obligations of the prior developer. The City may accept a surety bond from the successor developer in form provided by this Chapter in the amount of the bond held by the City at the time of property transfer, and release the prior developer and its sureties from all further obligations with respect to the subdivision improvements except to the extent of any existing default.
[Ord. No. 1690 §14, 2-15-2007]
Any escrow, letter of credit or bond shall be released upon request of the developer within thirty (30) days of completion of each category of improvement, utility or detention plan work to be constructed and installed, minus retention of five percent (5%) which shall be released upon completion of all improvements and utility work. The City's consulting engineer shall inspect each category of improvement including utility and detention pond work within twenty (20) business days of a written request for such inspection. Any such category of work shall be deemed to be completed upon certification by the City that the project is complete in accordance with the ordinances of the City, including the filing of all documentations and certifications required by any utility company and any other County, State or Federal agency. The release shall be deemed effective when the escrow funds, letter of credit or bond are delivered by the City to the developer in accordance with the terms of the security agreement.
[Ord. No. 1690 §15, 2-15-2007]
Prior to adoption of a subdivision regulations ordinance, pursuant to Section 89.410, RSMo., the Board of Aldermen shall hold a public hearing thereon upon due notice published in the timely manner, as a public notice of hearing for a change of zoning under the Zoning Ordinance, and copies of the proposed bill shall be open for inspection and copying at the City Hall prior to and on the date of the scheduled hearing.
[Ord. No. 1690 §16, 2-15-2007]
No final plat shall be recorded until the owner and developer have complied with all of the terms and conditions of the subdivision regulations and the City has endorsed its approval upon such final plat. The final plat shall conform to the provisions of Chapter 445, RSMo., and the regulations of the Recorder of Deeds of St. Louis County for recording of plats.
[Ord. No. 1690 §17, 2-15-2007]
No owner, agent of any owner or developer of any land in the City may knowingly or with intent to defraud, may transfer, sell, agree to sell any land or any part thereof by reference to or other use of a plat of any purported subdivision of land before the final plat has been approved by the Board of Aldermen and recorded in the office of the Recorder of Deeds of St. Louis County unless the owner/developer or its agent shall disclose in writing that such plat has not been approved and the sale is contingent upon approval of such plat by the Board of Aldermen. The City shall have all rights and methods of enforcement of this Chapter provided by Sections 89.410 and 89.450, RSMo.
[Ord. No. 1690 §18, 2-15-2007]
Any person violating or knowingly participating in the violation of any of the terms and provisions of this Chapter shall be subject upon conviction thereof to a fine of up to five hundred dollars ($500.00) and each day such violation continues shall be deemed a separate offense.
[Ord. No. 1690 §19, 2-15-2007]
In the event any term or provision of this Chapter is found to be unconstitutional, contrary to law, or invalid or unenforceable for any reason, such invalidity or enforceability shall not affect any other term or provision of this Chapter which shall remain in full force and effect.
[Ord. No. 1690 §20, 2-15-2007]
Upon a determination by the Administrative Assistant after review and finding by the City's consulting engineer that a proposed plat conforms with the requirements of this Chapter, the Zoning Ordinance and current engineering standards and practices, the applicant may at his/her own risk, begin site improvements including grading and in the event no final plat is approved, the applicant shall, if the work done has in the opinion of the Administrative Assistant, after review and inspection by the City's consulting engineer, an adverse or detrimental effect upon the City, the Administrative Assistant may order the applicant to restore the land, to the reasonable extent possible, to its condition prior to such work. If the applicant fails to commence and diligently pursue completion of the restoration work, the City shall be authorized to cause the work of restoration to be done and a lien imposed on the land in favor of the City for the costs incurred to complete such restorations.
[Ord. No. 1690 §21, 2-15-2007]
The filing of an application for subdivision plan approval shall constitute an irrevocable grant of authority on the part of the City, its employees, agents and contractors to enter upon the land for the purpose of inspections or doing any work or maintenance authorized by these regulations, the ordinance approving the final plat for recording and the deed restrictions and indentures filed of record as part of the approval process.
[Ord. No. 1690 §22, 2-15-2007]
The deed restrictions and trust indentures shall contain provisions for assessments on each lot in the subdivision sufficient to keep and maintain the common areas, including detention facilities, in good condition and repair in accordance with City ordinances and regulations and Metropolitan St. Louis Sewer District regulations. All such maintenance work shall be done under the supervision of the City's consulting engineer and Administrative Assistant. In the event of a failure upon the part of the trustees to properly maintain such common areas, the City's Administrative Assistant may order the work done and the cost and expense thereof to be levied pro rata on each lot in the subdivision to be collected in the same manner as real property taxes generally, and such levy shall constitute a lien upon each lot with interest and penalties until paid as provided by law for collection of City real property taxes. City Officials, employees, agents and contractors shall have access to such common areas from time to time for inspection, repairs and maintenance.
[Ord. No. 1690 §23, 2-15-2007]
The final plat shall bear the signatures of all necessary parties, set forth references to all deed restrictions, indentures, trustee provisions, easements and other matters to which conveyance of the lots shall be subject and shall be in the form required for recordation by the Recorder of Deeds of St. Louis County and shall further contain a metes and bounds description of the tract to be subdivided. No lots shall be sold until such final plat is duly recorded and all improvements completed and utilities installed and approved by the Administrative Assistant upon review and approval as to location and construction by the City's consulting engineer.
[Ord. No. 1690 §24, 2-15-2007]
The owner/developer and each contractor, subcontractor and officer, agent or employee thereof shall comply with all other ordinances of the City with respect to construction and installation of any buildings or other improvement within the subdivision.