[Ord. No. 1690 §1, 2-15-2007; Ord. No. 1967, 2-21-2019]
A.
This Chapter shall apply to any subdivision of land into two (2)
or more separate building lots within any 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.
1.
Minor Subdivision. 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; Ord. No. 1967, 2-21-2019]
Any person or organization or entity desirous of subdividing
land shall file an application in the form required by the City Administrator
or designee 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 City Administrator or designee whether the plans submitted
supply the information required by this Chapter. The City Administrator
or designee shall determine the number of plans and plats required
by the City for processing the application.
[Ord. No. 1690 §3, 2-15-2007; Ord. No. 1967, 2-21-2019]
The completed application with all addendum, data, documents
and proposed final plat shall be submitted to the Planning and Zoning
Commission for its 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 zoning district, is compatible with and harmoniously
blends with existing developments; provides modern alternative housing
options for current residents or to attract new residents if residential;
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]
A.
Engineering And Technical Data.
1.
Description.
a.
A north arrow, scale of adequate size to provide all plans of twenty-four
(24) inch by thirty-six (36) inch size only.
b.
The name, address of record owner(s) of tract.
c.
The party who prepared the plans and a document stating for whom
the plat was prepared.
d.
Copy of authority from the owner for proper consent to proceed with
the project.
e.
The signatures, seal and date of the professional who prepared the
plans.
f.
The date of submitting a complete application with all fees.
g.
Name, address and documentation identifying the developer if different
than owner of record.
h.
Identity of responsible party, i.e., the individual or entity responsible
for performance of commitments of builder.
2.
Existing conditions.
a.
The area of tract in acres.
b.
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.
c.
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.
d.
The results of any tests made to ascertain the soils or rock beds
and water table.
e.
The zoning districts.
3.
Design features.
a.
Area of each available lot.
b.
Lot lines and dimensions.
c.
Front, rear and side yard building setback lines with proposed
location on lot of the main structure and accessory buildings, if
any.
[Ord. No. 1967, 2-21-2019]
d.
Layout of proposed streets, sidewalks, major watercourses, culverts,
and other main features.
[Ord. No. 1690 §5, 2-15-2007]
A.
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:
1.
Title page, key map showing location and prominent other neighboring
or adjoining streets.
2.
North arrow and graphic scale.
3.
Name and address of developer, engineering firm, owner of record
as well as engineer's signature, seal and date.
4.
Appropriate benchmark, its elevation and proper location of reference
point based on U.S.G.S. datum.
5.
List of all applicable standards and its respective specifications,
and citing references.
6.
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.
7.
Details of existing and proposed sewers, drainage channels including
maps, runoff calculations with water shed maps.
8.
Plans and profiles of streets, sewers.
9.
Existing and proposed survey monuments.
10.
Proper landscape plan including beams, elevated flower beds, size
and type of plantings, etc.
11.
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.
12.
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.
13.
The City's consulting engineer will review and approve all public
improvement plans in accordance with customary engineering practice.
14.
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.
15.
The project will be reviewed by the Police and fire district for
their comments and concerns.
16.
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.
17.
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.
18.
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]
A.
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:
1.
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.
2.
Approval of Metropolitan St. Louis Sewer District (MSD) for all sewers
and detention/retention facilities.
3.
Agreement to comply with all aspects of National Pollutant Discharge
Elimination System (NPDES) Phase II.
4.
Approval of Missouri Department of Natural Resources for all the
proposed land disturbance.
5.
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).
6.
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]
A.
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.
B.
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.
C.
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; Ord. No. 1967, 2-21-2019]
No owner, agent of any owner or developer of any land in the
City may knowingly or with intent to defraud, transfer, sell, or 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.
