[CC 1976 §24½-1; Ord. No. 94-12, §1(Art. 1, §24½-1.1), 2-28-1994]
These regulations shall be known and may be cited as the "Subdivision Regulations of the City of Overland, Missouri", and may be referred to hereinafter as "these subdivision
regulations" or "these regulations".
[CC 1976 §24½-2; Ord. No. 94-12, §l(Art. 1, §24½-1.2), 2-28-1994]
The purposes of these regulations are to promote the public
health, safety, and general welfare of the City by regulating the
division and redivision of land; to lessen congestion in streets and
highways; to further the orderly development and appropriate use of
land; to establish accurate records of land subdivisions; to protect
land title; to implement the comprehensive plan; to secure safety
from fire and other dangers; to facilitate adequately coordinated
provision of transportation, water, sewerage, schools, parks, playgrounds,
and other public requirements; to facilitate the further division
of larger tracts into smaller parcels of land; to preserve natural
features such as stands of trees, streams, significant rock formations,
and historical landmarks; and, in general, to facilitate the orderly
coordinated, efficient, and economic development of the City.
[CC 1976 §24½-3; Ord. No. 94-12, §l(Art. 1, §24½-1.3), 2-28-1994]
A.
These
subdivision regulations are adopted under authority granted by Chapter
89 of the Missouri Revised Statutes, 1987. The City of Overland Planning
and Zoning Commission, which was established in accordance with Chapter
89 of the Missouri Revised Statutes, has fulfilled the requirements
set forth in the applicable Sections of the Missouri Revised Statutes
as necessary for adoption of such regulations by the City Council.
These regulations provide a procedure and minimum standards of design
and construction by which the City Council can equitably appraise
all proposed plats for land subdivision, plat preparation, review
and approval requirements.
B.
Therefore,
every subdivision of land (excepting only subdivisions of four (4)
lots or less on existing streets) within the City shall be upon a
plat and submitted to the Planning and Zoning Commission for its approval
or disapproval. With the exception of display plats, and boundary
adjustments, all subdivision plats with the Planning and Zoning Commission's
approval or disapproval endorsed thereon, shall be submitted to the
City Council for its consideration and approval or disapproval. No
plat shall be recorded in the office of the Recorder of Deeds unless
and until it is approved as provided for in these regulations. No
lot, subject to these regulations, shall be sold unless first established
by provisions of these regulations. No building permit shall be issued
for construction on a parcel or lot created in violation of these
regulations. Subdivisions of four (4) lots or less on existing streets
shall be made only upon the approval of the City Council, by ordinance,
upon such terms and conditions as the City Council shall provide,
and no plat for such a subdivision shall be recorded in the office
of the Recorder of Deeds unless and until it is approved by the City
Council by ordinance. The City Council may refer any application for
a subdivision of four (4) lots or less on existing streets to the
Director of Public Works and the Planning and Zoning Commission for
their review and recommendations prior to considering any such proposed
subdivision.
[CC 1976 §24½-4; Ord. No. 94-12, §l(Art. 1, §24½-1.4), 2-28-1994]
Wherever there is a conflict between the minimum standards set
forth in these regulations and ordinances or resolutions, or between
the minimum standards set forth in these regulations and any other
ordinance or resolution, the most restrictive or highest standards
shall apply. Moreover, nothing in these regulations shall prohibit
the developer from placing self-imposed restrictions, or imposing
higher standards than required by these regulations, but not in violation
of these regulations, on the development.
[CC 1976 §24½-5; Ord. No. 94-12, §1(Art. 1, §24½-1.5), 2-28-1994]
If any title, Article, Section, clause, paragraph, provision
or portion of this Chapter shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, such decision shall not affect
any other title, Article, Section, clause, paragraph, provision or
portion of this Chapter. The invalidity of any provision of these
regulations shall not invalidate any other part thereof which is not
itself invalid.
[CC 1976 §24½-6; Ord. No. 94-12, §1(Art. 2, §24½-2.1), 2-28-1994]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except when
the context clearly indicates a different meaning:
A minor public or private right-of-way shown on a plat, providing
secondary vehicular access to the rear or side of a lot, block, or
parcel of land otherwise abutting a street.
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
A definite point of known elevation and location, of more
or less permanent character. The identity and elevation shall be based
on United States Geological Survey (U.S.G.S.) datum. Benchmarks established
in 1981 by the Metropolitan St. Louis Sewer District (M.S.D.) Benchmark
Loop System or the Missouri Highway and Transportation Department
(M.H.T.D.) are acceptable.
An area of land within a subdivision that is entirely bound
by streets, highways, or rights-of-way except alleys, or between streets,
highways, streams, parks, or any other barrier, or combination thereof,
to the continuity of development.
Any form of security including a cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and form
satisfactory to the City Attorney and approved by the Council.
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls, a roof, and is designed, or
intended for the support, shelter, or enclosure of persons, animals,
chattels, or property of any kind; but a "building" shall not include
any vehicle, trailer (with or without wheels), nor any movable device
such as furniture, machinery, or equipment.
A line parallel to the street right-of-way line, edge of
a stream, or other property line established on a parcel of land or
lot for the purpose of prohibiting construction of building or structure
in the area between such building line and right-of-way, stream bank,
or other property line.
City of Overland, Missouri.
The officially elected City Council of the City of Overland;
the term may be abbreviated as the Council.
A comprehensive land use plan made and adopted by the City
Council which through combination of text, charts, and maps, sets
forth proposals for general locations for various land uses, streets,
parks, schools, public buildings, utilities and for the physical development
of the City.
That land set aside for open space including stormwater,
drainage areas, retention lakes, ponding, or recreational use areas
for the owners of lots in a subdivision, which land is conveyed in
trust for the benefit, use, and enjoyment of the lot owners.
A form of property ownership under the Condominium Property
Act, Chapter 448, Missouri State Revised Statutes. A multiple-family
dwelling wherein the residents own the unit in which they live.
The length of a cul-de-sac, as referenced in the street standards
of this Chapter, shall be measured from the center of the cul-de-sac
radius along the street centerline to the right-of-way line of the
correcting through street. For the purposes of determining the maximum
length of a cul-de-sac in cases where a cul-de-sac branches from another
cul-de-sac or street with a singular access, the maximum length shall
be measured along the centerline of the longest route of access from
the through street to the center of the most remote cul-de-sac.
Drawing:
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CUL-DE-SAC LENGTH
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The temporary storage of the differential runoff of stormwater
by providing permanent facilities.
Any person or government agency undertaking any development
as defined in these regulations. The term developer includes such
commonly used references as subdivider, owner, and proprietor.
Direct cost shall be the actual cost of labor plus the actual
cost of materials.
The officially designated or appointed Director of Public
Works of the City; the term may be abbreviated as the Director.
A grant by a property owner for a designated vehicular access
way for the servicing of individual lots within a large lot subdivision.
A grant by a property owner to the City, County, State or
Federal Government for the purpose of road improvement and widening,
road maintenance, sidewalks, public or private utilities and sewers.
A grant by a property owner to a public or private utility
company for the purpose of installation, improvement, or maintenance
of public or private utilities.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust
company, attorney, or any other person or agency approved by the City
Attorney to act as escrow agent under the provisions of these regulations.
Federal Emergency Management Agency.
The flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
The land in the floodplain subject to a one percent (1%)
or greater chance of flooding in any given year.
An official map, issued by F.E.M.A., on which the flood insurance
study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the City.
The official report provided by F.E.M.A. The report contains
flood profiles as well as the flood boundary/ floodway map and the
water surface elevations of the base flood.
Any combination of structural and non-structural changes
or adjustments to a structure including utility and sanitary facilities
which would preclude entry of water. Structural components shall have
the capability of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
The channel of a river or other watercourse and adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
That area of the floodplain, outside of the floodway that,
on the average, is likely to be flooded once every one hundred (100)
years (i.e., that has one percent (1%) chance of flood occurrence
in any one year).
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
right-of-way.
The inclination from the horizontal of a road, unimproved
land, etc. and expressed by stating the vertical rise or fall as a
percent of the horizontal distance.
Parking which is at an angle to or perpendicular to and directly
adjoins the drive aisle or roadway pavement.
See "Street".
Street pavement, turning lanes, traffic signals, bridges
and culverts, sidewalk pavement, pedestrian-way pavement, water mains,
fire hydrants, storm sewers and roadside drainage ditches, erosion
and siltation control, sanitary sewers, signs, monuments, landscaping,
street lights, and other similar items.
Two (2) or more united persons construed as the same owner; "constructive ownership" for the purpose of imposing subdivision
regulations.
A land surveyor registered in the State of Missouri.
A platted parcel of land intended to be separately owned,
developed, and otherwise used as a unit.
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street right-of-way purposes.
A platted parcel of land with frontage abutting two (2) road
rights-of-way at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot recorded in the office of the County Recorder, or a
lot or parcel described by metes and bounds, the description of which
has also been recorded.
The distance between the two (2) side property lines of a
lot measured along the building setback line as established by the
Zoning Code for the applicable district.
State of Missouri Highway and Transportation Department.
The Metropolitan St. Louis Sewer District.
A permanent marker placed by a land surveyor.
A subdivision whose total intended use includes commercial
or industrial.
For asphalt or concrete surfaces normal wear includes surface
abrasions and discoloration. Blow-ups, buckling, corner breaks, durability
cracking, faulting, linear cracking, pumping, punchouts, map cracking
or crazing, shrinkage cracks, corner or joint spalling, rutting, alligator
cracking, bleeding, shoves, swell, corrugation, raveling, slippage
cracking and edge cracking are not considered normal wear for the
time period covered by a maintenance bond. For evaluation purposes
detailed descriptions of the various failures are contained in the
APWA — Paver Pavement Condition Index Field Manual for Concrete
and Asphalt Pavements, date July 1984, The American Public Works Association.
Any premises not located within the area of the property
to be subdivided, whether or not in the same ownership of the developer
requesting subdivision approval.
A paved vehicle storage area directly adjacent to multiple-family
access street pavement.
The act or result of applying Portland cement concrete or
asphaltic concrete to any ground surface in such manner as to present
a uniform surface over a large area.
An easement or right-of-way designated to facilitate pedestrian
access to adjacent streets or properties.
The Planning and Zoning Commission of the City of Overland.
The PD Planned Development District as defined and described
in the Zoning Code of the City of Overland.
A subdivision of land legally approved and recorded by the
St. Louis County Recorder of Deeds.
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.
See "Building Line".
The installation of such devices as sediment ponds, bales
of straw, fencing, siltation webbing, sodding, seeding and mulching,
or other devices to prevent silting of abutting properties and roadways
during the period of construction and up to and including such time
as permanent ground cover is attained.
See "Grade".
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 right-of-way;
it shall include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, court,
but shall not include an alley or pedestrian-way.
Streets which move traffic from major streets, which distribute
traffic regionally, to minor streets, which distribute traffic to
individual lots, parcels, and uses within subdivision, area, or neighborhood.
Collector streets also may serve individual lots, parcels, and uses
as a secondary or additional function.
A short, independent, minor street terminating in a circular
turnaround.
A minor street generally parallel to and adjacent to arterial
streets and highways, which provides access to abutting properties
and protection from through traffic.
A short, independent street which usually terminates along
the same collector street of its origin.
A street utilized for high vehicular speeds or for heavy
volumes of traffic on a continuous route.
Streets which serve a local neighborhood.
A private way or driveway which affords a means of vehicular
access to parking areas and bays and to abutting buildings in a multiple-dwelling
unit subdivision.
A private way which affords the principal means of vehicular
access to abutting property and is owned by the abutting private property
owners or in common by a group of property owners.
A street located in one phase of a phased development subdivision
such that the street, after construction of one (1) phase of development,
terminates in a dead end without a permanent turnaround or cul-de-sac
as otherwise required in these regulations, but which will be extended
in a subsequent phase so as not to terminate in a dead end without
a permanent turnaround or cul-de-sac. No stub street or any other
street terminating in a dead end without a permanent turnaround or
cul-de-sac as required by these regulations shall be allowed except
in a phased subdivision, and then, only with the specific approval
of the Director of Public Works and the Planning and Zoning Commission.
The division or redivision of land into lots, tracts, sites,
or parcels or the dedication of street right-of-way.
An insurance company qualified and acting under the provisions
of Chapter 379, Revised Statutes of Missouri, which has met the requirements
of Section 379.020, RSMo., thereof and which is approved by the City
Attorney to act as a surety.
A corporation qualified and acting under the Missouri title
insurance law or a corporation which is an issuing agency for an insurance
company insuring land titles.
The townhouse, also known as the row house, is a single-family
attached unit. Townhouses are characteristically built as individual
units in a series of four (4) to eight (8) houses, with common side
walls between units and a side yard on the end unit only.
An area or parcel of land.
Any recordable instrument by which common ground is held
or maintained or assessments in a subdivision are levied for the administration
of specific maintenance obligations or both.
The Zoning Ordinance of the City of Overland.
