[CC 1961 §22.05; Ord. No. 1987 §1, 11-19-1973]
Plans for improvements required in this Section shall be prepared
by an engineer. The owner of the tract may prepare and secure tentative
approval of a final subdivision plat of the entire area and may install
the improvements in a portion of such area only, but the improvements
must be installed in any portion of the area for which a final plat
is approved for recording. The owners may sell or lease, or offer
for sale or lease, lots in the improved portion only of said property;
provided, that streets, storm and sanitary sewers, and sewage treatment
plants to be designed and built to serve the entire area to be designed
and built to serve the area to be initially developed in such a manner
that they can easily be expanded or extended, as the case may be,
to serve the entire drainage area or watershed.
[CC 1961 §22.05(A); Ord. No. 1987 §1, 11-19-1973]
Survey monuments shall be placed, by a land surveyor, at all
street corners, angle points, points of tangency of curves in streets,
and at all boundary corners. Monuments shall be of Portland cement
concrete, four (4) inches square on the top and six (6) inches square
on the bottom with a length of two (2) feet. Steel pipe encased in
Portland cement concrete extending below the frost line may be substituted
for a concrete monument. Should conditions prohibit the placing of
monuments on line, offsetting said permanent marker shall be permitted;
provided however, that exact offset courses and distances are shown
on the subdivision plat. A permanent bench mark shall be accessibly
placed, the elevation of which shall be referred to mean sea level
and accurately noted on the subdivision plat.
[CC 1961 §22.05(B); Ord. No. 1987 §1, 11-19-1973]
A.
The
subdivider shall grade and improve all new streets and alleys (if
any) within the subdivided area. All new streets shall be constructed
of Portland cement concrete, having a minimum width of twenty-eight
(28) feet from back to back of curbs. Curbs and gutters shall be of
concrete and conform to the minimum requirements and standards of
the City. In some instances, bituminous macadam curbing may be installed.
Where bituminous macadam curbing will be permitted may be determined
by the City Plan Commission and shall be dependent on location topography
and general layout of the subdivision, and shall conform to the minimum
requirements and standards of the City for that type of construction.
All grading and surfacing shall be done under supervision of the Department
of Public Works and shall be subject to the Department's approval.
The treatment of the intersection of any new street with a State highway
shall be subject to approval by the District Engineer of the State
of Missouri Highway Department.
B.
At
such time as a subdivision is proposed adjacent to a street that is
accepted and maintained by Berkeley, but has not been constructed
to current City specifications or is not adequate to handle the traffic
due to said subdivision, improvements shall be made on the half of
the right-of-way adjacent to the proposed subdivision, in conjunction
with the overall subdivision improvements. The improvements shall
be made to current City specifications and standards.
[CC 1961 §22.05(C); Ord. No. 1987 §1, 11-19-1973]
A.
Sidewalks
shall be required on both sides of all streets and as otherwise provided
in this regulation. The Plan Commission may grant a variance in the
following cases:
1.
Where sidewalks are not deemed necessary for public safety or where
topographical or other conditions make their installation and use
impractical.
2.
All subdivided tracts of five (5) acres or more in area with more
than four hundred (400) feet frontage.
3.
Where the subdivision designer has submitted for review a proposed
sidewalk plan that provides for more direct and safer movement of
pedestrian traffic.
B.
Sidewalks
shall be constructed in accordance with City specifications.
1.
Residential sidewalks shall be of concrete, four (4) feet wide and
four (4) inches thick, except at driveways where a six (6) inch thickness
shall be required.
2.
Commercial sidewalks shall be of concrete, seven (7) feet wide with
tree wells, and four (4) inches thick, except at driveways where seven
(7) inch thickness shall be required.
3.
The extent and location of all other sidewalks, including industrial,
recreational and institutional, shall be determined by the Commission.
[CC 1961 §22.05(D); Ord. No. 1987 §1, 11-19-1973]
Where the Commission determines that an approved public water
supply is reasonably accessible or procurable, said supply shall be
made available to each lot within the subdivided area. The subdivider
shall pay the cost of all labor, material and incidental expense required
for the installation of water mains and fire hydrants in the subdivided
area. Refund of monies to the subdivider for the installation shall
be made by the water company serving the area in accordance with the
contract entered into with the water company. Such installation of
the water mains and fire hydrants shall be done by the water company
in accordance with their standards and specifications as approved
by the Mayor and Council. The water mains and hydrants, when installed,
shall become at once the property of the water company, and the company
shall have exclusive control and use thereof, subject to the right
of the residents of the subdivided area to be connected therewith,
under the rules and regulations of the water company.
[CC 1961 §22.05(E); Ord. No. 1987 §1, 11-19-1973]
Storm drainage improvements consisting of storm sewers or open
channels shall adequately drain the areas being developed. The design
of drainage improvements shall be coordinated with present and probable
future improvements so as to form part of an integrated system. Adequate
provisions shall be made for the disposal of storm water, subject
to the approval of the Commission and in accordance with the specifications
and standards of the Metropolitan St. Louis Sewer District.
[CC 1961 §22.05(F); Ord. No. 1987 §1, 11-19-1973]
Where a public sanitary sewer is reasonably accessible, the
subdivider shall connect with such sanitary sewer and provide adequate
sewer lines accessible to each lot. Sewer connections and subdivision
sewer systems shall comply with the regulations of the State Board
of Health, the Metropolitan St. Louis Sewer District, and the City.
Such installations shall be constructed under the supervision of and
in accordance with the standards and specifications of the Department
of Public Works and before the improvement is started, the plan therefore
shall be approved by the Council. If no existing outlet sewers are
within a reasonable distance, the subdivider shall make provisions
for the treatment or disposal of the sewage as will properly care
for and protect the health, safety and welfare of the existing and
probable future population with the subdivision and surrounding area,
in accordance with the requirements of the City.
[CC 1961 §22.05(G); Ord. No. 1987 §1, 11-19-1973]
Signs bearing the name of the street, as designated on the final
plat, shall be placed at all street intersections. The Department
of Public Works shall approve the location and inspect the installation
of street name signs in all subdivisions. The size, height, and type
of sign shall be in accordance with the specifications of the Department
of Public Works.
[CC 1961 §22.05(H); Ord. No. 1987 §1, 11-19-1973]
A.
A street
light shall be provided at each intersection of streets within a subdivision,
at each intersection of a street with a pedestrian way, and at each
circular turnaround, but in no event shall there be fewer than one
(1) street light for each four hundred (400) linear feet or portion
thereof of street frontage between intersections, or between a street
intersection and the terminus of a dead-end street. The size, height,
and type of light shall be in accordance with the specifications of
the Department of Public Works.
B.
The
subdivider shall be required to submit to the Council a maintenance
agreement or trust indenture setting forth the assessment and method
of collection of the monies necessary for the operation of the street
lighting system within the subdivision.
[CC 1961 §22.05(I); Ord. No. 1987 §1, 11-19-1973]
All electric and telephone utilities shall be installed in conformance
with the standards and specifications of the utility companies, and
in accordance with general orders of the Public Service Commission
of Missouri.
[CC 1961 §22.05(J); Ord. No. 1987 §1, 11-19-1973]
A.
There
shall be a minimum of two (2) hardwood trees for every seventy-five
(75) feet of street frontage. Each hardwood tree shall be at least
two (2) inches in caliper. These hardwood trees shall be located between
the street pavement and the sidewalk. A maximum of forty percent (40%)
of one (1) species may be utilized to meet the planting requirements
in a subdivision. All newly planted hardwood trees and additional
plantings shall be certified living one (1) year from the date of
planting to the Commission.
B.
All
median strips between public roadways within the boundaries of the
proposed subdivision shall be planted as appropriate to the site.
Also, each entrance from an existing major thoroughfare into the subdivision
shall be planted so as to enhance the beauty of the subdivision, but
in such a manner as to not limit the vision of oncoming automobiles.
C.
A subdivision
landscape plan shall be submitted for review to the Commission prior
to submitting the proposed final plat. This plan shall contain types,
sizes, and locations of all proposed and existing plantings. The developer
shall guarantee or insure the completion of the landscaping as shown
on the approved landscaping plan.
D.
In
lieu of the planting of street trees as required by this Section of
these subdivision regulations, the subdivider may submit to the Commission
for review and approval an alternate landscaping plan. This plan shall
provide for trees appropriate in number and species for the area between
the edge of pavement and the building line.
[CC 1961 §22.06; Ord. No. 2400 §2, 4-21-1980]
A.
Purpose. The purpose of this amendment is to provide additional
requirements to those set forth in the condominium property act. In
addition this Section is enacted to provide for the health, safety
and general welfare of this community and its citizens. The availability
of adequate rental units in the City is of concern to the City and
its citizens.
B.
Any
person desiring to convert land or buildings into a condominium shall
prepare a plat and application and the same shall be submitted to
the Council for forwarding to the Plan Commission who shall review
the same as any other subdivision and their recommendation shall be
forwarded to the Council who shall hold a public hearing as required
for rezoning.
C.
No
sale of a unit shall be made, no plat approved unless there is compliance
with the following:
1.
The common elements shall be in compliance with the current ordinances
of the City.
2.
All condominiums shall comply with the regulations for the land use
district in which it is located.
3.
Smoke detectors shall be installed in each dwelling unit in accordance
with Building Code requirements for new construction.
4.
All units are provided with separate gas and electric meters for
each unit, where feasible.
5.
All units shall be provided with separate water meters and individual
water shut-off valves for each unit or provisions made for equitable
sharing of water costs where it is not feasible to install separate
meters.
6.
Separate shut-off valves shall be installed on the hot and cold water
supply lines at each plumbing fixture. Separate shut-off valves shall
be installed on gas lines at each furnace, water heater and other
gas appliance.
7.
The condominium documents include a clear and understandable statement
governing the responsibilities for maintaining all common areas, all
exterior and all portions of the electric, gas, heating, water, plumbing,
sewage and drainage systems.
8.
All common walls, ceilings and floors shall be sound proof and fire
proof.
9.
All condominium associations shall be responsible for traffic and
parking control, snow removal, sewers, water lines and lighting. The
City shall have the right of easement to enter such common areas for
the purpose of emergency for fire, Police, and enforcement of its
Code and the plat shall so provide. Such common area shall remain
the property of the condominium and the City shall not accept a dedication
of these elements or the responsibility of maintenance. A parking
fee per stall may be separately charged to each unit owner for the
maintenance of the parking area in addition to common maintenance
fees.
10.
Inspection. The owner of the property shall request,
with the application for conversion, an inspection of the entire premises
and every dwelling unit therein by sending a written request for such
inspection to the Building Commission and paying the established inspection
fees in full. The Building Commission shall cause the inspection of
the structure and its premises for the purpose of determining compliance
with the provisions of applicable Codes, but the owner shall be responsible
for providing access to all parts of the premises.
11.
Occupancy permit. It shall be unlawful for any person
to occupy, or for any owner or agent thereof to permit occupancy or
the use of any building or part thereof hereafter converted to a condominium,
until a certificate of occupancy has been issued by the Building Commissioner
certifying that the conversion complies with the development standards
contained in this Section and Building Codes. Except that any use
or occupancy which was not discontinued within thirty (30) days after
the conversion of a unit to a condominium shall be permitted to continue
to occupy under an existing valid occupancy permit. It shall be unlawful
for any person to knowingly make any false statement in his/her application
for an occupancy permit as to the names, ages, relationship or number
of occupants who will occupy the unit.
12.
Condominium conversion.
a.
The developer of said condominium conversion shall be required to
furnish to the Department of Public Works a notice of his/her intention
of condominium conversion which shall be given to all tenants at least
ninety (90) days prior to the application to the City of his/her intention
to convert the said condominium. Said notice shall be forwarded to
each tenant by registered mail and proof of receipt thereof by the
tenants shall be furnished to the Department of Public Works if so
requested.
b.
Notice to tenants.
(1)
Prior to the approval of a condominium conversion plat by the
City and prior to any sales of any condominium unit, the developer
of said condominium shall give a notice to the said tenant of his/her
intention to sell the tenant's unit and said notice shall be given
at least one hundred twenty (120) days prior to any sale. Said notice
shall be given in writing by registered mail and proof of receipt
thereof by the tenants shall be furnished to the Department of Public
Works if so requested.
(2)
Each tenant whose unit is to be converted and who has received
the notice of intent to sell, has the first (1st) option to purchase
the unit in which he/she resides. The option period will commence
upon receipt of the notice of intent to sell and shall be valid for
one hundred twenty (120) consecutive days from the time of receipt
thereof.
c.
The developer shall attempt to relocate any and all tenants who do
not desire to purchase their unit. Any and all leases with any tenant
shall not be affected by reason of the conversion hereof.
13.
Any condominium conversion shall be commenced within twelve (12)
months from date of approval by the City and if not so commenced,
the City shall determine if a hearing shall be held to determine whether
or not the condominium plat should be rescinded.
