[Ord. No. 605 §1(25.010), 5-8-2000]
For the purpose of this Article, certain terms and words are defined as follows:
- METES AND BOUNDS
- The method used to describe a tract of urban land intended to be used for dwelling or other purposes so that it can be recorded in the St. Louis County Recorder's office, as contrasted with the description of a part of a properly approved and recorded subdivision plat by lot and block number.
- A subdivision of land is either (1) the division of land into two (2) or more lots, sites or parcels of three (3) acres or less in area; (2) establishment of dedication of a road, highway, street or alley through a tract of land regardless of area; (3) resubdivisions of land heretofore divided or platted into lots, sites or parcels. Any sale or contract of sale or agreement to purchase any portion or any lot or division of land either by lot description or by metes and bounds as defined in the proceeding portion of this Section shall constitute a subdivision of land and require, prior to any sale or contract of sale or agreement to purchase and before the delivery of a deed, the submission of a plat to the City Plan Commission as provided in this Article; provided however, that the sale or exchange of parcels of land to or between adjoining property owners where such sale or exchange does not create additional lots shall not be considered a subdivision of land.
[Ord. No. 605 §1(25.020), 5-8-2000]
In seeking to subdivide any tract or parcel of land within the corporate limits of the City of Oakland, the owner or his/her authorized agent shall:
Prepare and submit to the City Plan Commission a preliminary subdivision plan in accordance with the provisions of Section 410.030 hereof. The owner of a tract of land having one (1) or more acres or more than one (1) parcel to be resubdivided having a combined acreage of one (1) or more acres to be resubdivided shall deposit the sum of one hundred dollars ($100.00) with the Director of Finance at the time the preliminary plat is filed, said one hundred dollars ($100.00) to be applicable as the land subdivision permit fee required by the provisions of this Article; provided however, that said amount shall not be returned to the developer upon failure to meet the requirements of this Article or submit a final plat in proper form. Said fee shall be used for the purpose of providing funds for the administrative costs incidental to the processing of the plat by the Board, the Plan Commission and their officers or employees, including review of improvement plans, meetings and any other costs incurred in the processing of plats.
Following approval of the preliminary subdivision plan, prepare and submit to the City Engineer improvement plans for the subdivision and also prepare and submit to the City Plan Commission and to the Board of Aldermen a final subdivision plat in accordance with the provisions of Section 410.050 hereof.
Within ninety (90) days following the approval of the final subdivision plat by the Board, record the plat in the office of the Recorder of Deeds of St. Louis County or notify the Board of Aldermen in writing of the abandonment of the proposed subdivision. All approvals of final subdivision plats not recorded within ninety (90) days as above specified shall be void; provided however, that the period herein specified for recording of the plat may be extended by resolution of the Board so long as the request for such extension is presented to the Board in writing prior to expiration of the ninety (90) day period after the final approval of the plat.
After all signatures have been affixed to the final plat, seven (7) blue line prints, one (1) of which is on cloth, shall be sent to the City Engineer.
[Ord. No. 605 §1(25.030), 5-8-2000]
In seeking to subdivide land into building lots or to dedicate streets or land for public use or to re-subdivide land heretofore divided or platted into lots, sites or parcels, together with the dedication or reservation of public or private streets, the owner shall submit seven (7) copies of the preliminary plan, accurately drawn, which shall be submitted at a scale of one hundred (100) feet to the inch or larger scale and shall show:
The location of the present property lines, section, Congressional Township lines, U.S. Survey and lines of incorporated areas, streets, buildings, watercourses, sink holes, tree masses and other similar and existing features within the area to be subdivided and similar facts regarding existing conditions on property immediately adjacent thereto.
The proposed location and dimensions of streets, alleys, lots, building lines and easements and the approximate area of lots in square feet.
Existing sewers, water mains, culverts and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet shall be indicated in a general way upon the plat.
The name under which the proposed subdivision is to be recorded and the name of the subdivider and of the registered engineer, if any, platting the tract.
The names and adjoining boundaries of all adjoining subdivisions and the names of the record owners of adjoining parcels of unsubdivided land.
North point, scale and date.
A contour map showing contour intervals of five (5) or less feet for all subdivisions containing more than two (2) acres of land.
The preliminary plan should determine the character and general details of the development and should be accompanied by plans and statements regarding the details of improvements such as grading, paving, sewers and water mains. The approval of the preliminary plan does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed with work upon the final plan.
[Ord. No. 605 §1(25.040), 5-8-2000]
All subdivision plats shall conform to the following minimum standards. All engineering work required herein shall be performed by a registered professional engineer.
Relation to adjoining street system. The subdivider may be required to continue certain adjoining streets through the area being subdivided when necessary to provide for local vehicular movement or to enable adjoining property to be properly subdivided.
Street and alley widths.
The width of major streets shall conform to the width designated on the major street plan as adopted by the City of Oakland and any subsequent amendments thereto.
The minimum width of rights-of-way for two-family or multiple dwelling developments shall be sixty (60) feet.
The minimum width of rights-of-way for single-family developments shall be fifty (50) feet.
Whenever any subdivision or resubdivision provides lots in the interior of existing blocks, such lots shall front upon, or have proper access to, a permanently dedicated street which connects with one (1) of the streets bounding the block. All such dead ended streets shall make adequate provision for the turning of vehicles in the interior portions of the block. Such turning area shall be a circular drive having an overall diameter of not less than one hundred (100) feet to the street lines.
Whenever there exists a dedicated or platted portion of a street adjacent to the tract to be subdivided, the other portion of the street shall be platted or dedicated to prove a minimum right-of-way of fifty (50) feet and twenty (20) feet for alleys.
Alleys and off-street parking space will be required adjacent to all business lots and alleys shall be at least twenty (20) feet wide. A ten (10) foot cutoff shall be made at all acute and right angle alley intersections. Off-street parking space shall be provided in all new business districts to conform with applicable provisions of the Zoning Code.
Whenever the tract to be subdivided adjoins an existing public street which does not meet the standard specifications of the City of Oakland for public streets as shown in the Master Plan, the developers may be required to alter and repair the existing street in accordance with the said specifications.
All street intersections shall be rounded to a minimum radius of fifteen (15) feet.
Blocks and lots.
No block shall be longer than fifteen hundred (1,500) feet between street lines.
Where blocks are over seven hundred fifty (750) feet in length, the Commission may require a crosswalk near the center of the block. The right-of-way for any such walks shall not be less than ten (10) feet in width, which said right-of-way shall be dedicated to the public for walkway purposes. No part of said right-of-way shall constitute a portion of a platted lot. Such walk space, if required, shall be improved by the subdivider with a four (4) foot wide concrete walk.
Whenever a new subdivision is located at a considerable distance from property already platted, the width of blocks, except for special reasons, shall not be less than two hundred fifty (250) nor more than four hundred (400) feet.
All side lines of lots shall be at right angles to straight street lines or radial to curved street lines, unless a variation to this rule will give a better street and lot plan. Lots with double frontage shall be avoided.
The minimum width of lots shall be in conformity with the requirements of the zoning regulations of the City of Oakland.
Corner lots shall have extra width to permit the maintenance of building lines on both front and side streets, as may be required by the Zoning Code.
The minimum area of all lots shall conform to the area regulations of the zoning district in which the subdivision is located.
All lots shall front on a dedicated public or private street, except for the lots approved as part of a planned environmental unit or a final development plan for a multiple-family residential development.
Easements. Easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and side lines where necessary for poles, wires, conduits, storm and sanitary sewers, gas, water and drainage ditches. Easements of greater width may be required along lines or across lots where necessary for the extension of main sewers and similar utilities.
Streams and surface watercourses. Detailed plans shall be submitted, showing the location of all streams and surface watercourses affecting the proposed subdivision, together with such improvements of such streams and surface watercourses, which may be necessary, such as widening, straightening, surfacing or other improvements of such channels.
Sewers. The subdivider shall install stormwater and sanitary sewers and provide a sanitary sewer connection for each lot in accordance with the standards and specifications of the St. Louis Metropolitan Sewer District and before the improvements are begun, the plans shall be approved by the St. Louis Metropolitan Sewer District. Evidence shall be submitted to the City that the St. Louis Metropolitan Sewer District has approved the plans for the stormwater and sanitary sewer facilities. Whenever feasible, sanitary sewer facilities, including house connections to each lot from the sewer to beyond the curb line, shall be constructed prior to the installation of street improvements.
Water mains and fire hydrants. The subdivider shall install water mains and fire hydrants in the subdivided areas. Such installations shall be in accordance with the standards and specifications of the City of Oakland.
Street names. Streets that are obviously in alignment with others already existing and named shall bear the names of the existing streets. Before the final plat for the subdivision shall be approved, the subdivider shall submit a statement from the St. Louis Postmaster approving the names of the proposed streets.
[Ord. No. 605 §1(25.050), 5-8-2000]
The final plat in ink on tracing cloth and five (5) black and white prints thereof, together with copies of deed restrictions and two (2) copies of certified plans showing the improvements that have been constructed within the subdivision or bond assuring construction of said improvements in accordance with plans previously approved, shall be submitted to the City Plan Commission.
The final plat is to be drawn at a scale of one hundred (100) feet or less to the inch from an accurate survey and on one (1) or more sheets whose maximum dimensions are twenty-nine (29) inches by thirty-four (34) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the City Plan Commission may permit a variation in the scale or size of the final plat. The final plat shall show the following:
The boundaries of the property; the lines and extent of all proposed streets and alleys with their width and names and any other areas intended to be dedicated to public use.
The lines of adjoining streets and alleys with their width and names.
All lot lines and easements with figures showing their dimensions.
All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area, including lots, streets, alleys, easements and building line setbacks and any other similar public or private areas. The linear dimensions shall be expressed in feet and decimals of a foot.
Radii, arcs, points of tangency, central angles for all curvilinear streets and radii for all rounded corners.
All survey monuments.
Title and description of property subdivided, showing its location and extent, point of compass, scale of plan and name of subdivider and certificate of registered land surveyor that the plan represents a survey made by him/her and that the results of said survey are correctly shown thereof.
Any private restrictions shall be shown on the plat or reference made to them thereon and plats shall contain proper acknowledgments of owners and holders of mortgages accepting said platting and restrictions.
A certificate shall accompany the final plat showing that all taxes due shall have been previously paid and a certificate of title or photocopy thereof shall be submitted for inspection.
If the City Plan Commission disapproves the plat, it shall transmit its reasons to the Board of Aldermen and the Board may then approve the plat only by a five-sevenths (5/7) vote of its membership.
[Ord. No. 605 §1(25.060), 5-8-2000]
Before the Board of Aldermen will officially accept any street in a subdivision and become responsible for its maintenance, supervision and repair, such street shall be improved to the following standards and the Board shall have received a certificate from the City Engineer that the improvements conform to the following standards:
All streets shown on the plat shall be for the full width of the right-of-way to grades approved by the City Engineer and such streets shall be paved to a minimum width of twenty-six (26) feet back to back of curbs with a concrete pavement six (6) inches thick with integral curbs or a waterbound macadam base seven (7) inches thick with separate concrete curb and gutter and a bituminous wearing surface two (2) inches thick.
The bituminous surface may be asphaltic concrete or penetration macadam with two (2) seal coats.
The above widths and types of pavement are minimum requirements for fifty (50) rights-of-way and may be increased if the Board of Aldermen decides wider pavements and increased thicknesses are necessary,
Monuments shall be placed at angle points, points of curves in streets and at such points as shall be required by the City Engineer or at related points approved by the City Engineer. Such monuments shall be either stone or concrete not less than four (4) inches square at the top and six (6) inches square at the bottom and thirty (30) inches long.
Water mains and fire hydrants shall also be installed in conformity with the standards of the City of Oakland and in accordance with the local practice of such installations.
Sidewalks may be required by the Board of Aldermen. Such walks shall be of concrete four (4) feet wide and meet the City requirements.
Before the final plat of any subdivided area shall be approved and recorded, the subdivider shall make and install the improvements described in this Section. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may post a bond or escrow agreement, approved by the City Attorney and Director of Finance, with the City of Oakland which bond or escrow agreement will insure to the City that the improvements will be completed by the subdivider within two (2) years after the final approval of the plat. The amount of the bond shall not be less than the estimated cost of the improvements and the amount of the estimate must be approved by the City Manager or his/her assistants. If the improvements are not completed within the specified time, the Board may use the bond or any necessary portion thereof to complete the same.
The design of all improvements, such as the grade and type of pavement, water mains, etc., shall be submitted to the City Engineer and meet his/her approval before any construction shall proceed. Such plans shall be prepared by the subdivider's engineer and such work shall be carried out under the supervision of the City Engineer. The subdivider's engineer shall maintain a competent inspector on the job when paving and sewer work is being done.
[Ord. No. 605 §1(25.065), 5-8-2000]
All trustees, directors and other officers of subdivisions within the City of Oakland shall annually, on or before the fifteenth (15th) day of June of each year, submit to the City Manager the subdivision indentures or agreements of such subdivisions with all amendments thereto and names and addresses of all such trustees, officers or directors, specifying the name of the director or officer to whom communications from the City should be referred.
In the event any such subdivision by and through such trustees, officers and directors shall fail to file such indentures or amendments thereto and such listing and designation, the City shall, for all purposes, be entitled to presume that the last or original indenture and the officers, directors or trustees last known or listed by or with the City shall be presumed conclusively to remain and continue to be in effect in office and shall be liable as such.
[Ord. No. 605 §1(25.067), 5-8-2000]
Except as provided in Subsection (B) below, the procedures for review of condominium plats shall be as follows:
Any condominium plat required by Chapter 448, RSMo., 1998, as amended, shall be submitted by the developer of the property affected to the City Plan Commission for review and approval. Upon approval by the Plan Commission, the recommendation of the Plan Commission and said plats shall be forwarded to the Board of Aldermen for review and approval by the adoption of an appropriate ordinance. The condominium plat shall be processed under Section 410.020 of the Code of Oakland and fees paid in accordance therewith.
Approval by the City Plan Commission and Board of Aldermen of the condominium plat shall be conditioned upon compliance with Chapter 448, RSMo., 1998, including, but not limited to, Section 448.040 thereof with reference to required contents of a condominium plat.
In addition, condominium plats shall comply with all provisions of this Chapter not contrary to or inconsistent with the provisions of Chapter 448, RSMo., 1998, the Zoning Code of the City of Oakland and the Building Code of the City of Oakland.
In all instances where a condominium development plan has been approved by the Board of Aldermen the subsequent condominium plat will not require Plan Commission review or Board of Aldermen approval. Upon review and approval of the condominium plat by the Director of Public Works, the City Clerk may certify approval of the plat by authority of the ordinance approving the development plan. If the Director of Public Works determines that the condominium plat as submitted is not substantially in compliance with the approved development plan, the condominium plat must be reviewed and approved in accordance with the procedures of Subsection (A) above.
A copy of all condominium plats and declarations filed with the St. Louis County Recorder of Deeds applicable to condominiums within the City of Oakland must be filed with the City Clerk.
[Ord. No. 605 §1(25.070), 5-8-2000]
Whenever the strict enforcement of these regulations would entail unusual, real and substantial difficulties or hardships, the City Plan Commission and the Board of Aldermen may vary or modify them in such a way that the subdivider is allowed to plan and develop his/her property, record a plat of same and make necessary improvements without unjust difficulties and expense, if at the same time the public welfare and interests of the municipality are fully protected and the general intent and spirit of the regulations preserved.
[Ord. No. 605 §1(25.080), 5-8-2000]
No plat or any subdivision shall be entitled to be recorded in the County Recorder's office or have any validity until it shall have been approved in the manner prescribed herein and by ordinance of the Board of Aldermen.
No building or repair permits shall be issued for any structure located on a lot in any subdivision, the plat of which has been prepared after the date of the adoption of this Article but which has not been approved in accordance with the provisions contained herein.
The Board of Aldermen shall not permit any public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after the date of the adoption of this Article unless such subdivision or street has been approved in accordance with the provisions contained herein.
Any person who sells or attempts to sell a lot by metes and bounds in violation of this Article shall be guilty of an ordinance violation and shall be fined in accordance with Section 100.220 of this Code.
Any person, firm or corporation who violates or fails to comply with or who permits or causes any person in his/her or its employ to violate or fail to comply with any provision of this Article shall upon conviction thereof be subject to a fine of not more than one hundred dollars ($100.00) for each and every offense.
[Ord. No. 605 §1(25.090), 5-8-2000]
Any provisions of this Article may be changed and amended from time to time by the Board; provided however, that such changes or amendments shall not become effective until after study and report by the City Plan Commission.