City of Valley Park, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — As to buildings and building regulations, ch. 500 et seq.; as to housing and property maintenance, ch. 500; as to licenses and business regulations, ch. 605; as to planning and development, ch. 400; as to streets and sidewalks, ch. 520; as to zoning, ch. 405; as to hearing on subdivision regulations, §400.120.
Editor's Note — Ord. no. 1463 §1, enacted June 21, 1999 superseded this chapter and adopted the new provisions set out herein. Former §§410.010 — 410.080 were derived from CC 1984, app. B and ord. no. 419, 11-17-1965.
[R.O. 2013 §410.010; Ord. No. 1463 §1, 6-21-1999]
This Chapter shall be known as and may be cited as The Subdivision Ordinance of the City of Valley Park.
[R.O. 2013 §410.020; Ord. No. 1463 §1, 6-21-1999]
The purpose of this Chapter is to control the division of land within the City of Valley Park in order to promote the public health, safety and general welfare of the City by regulating the division and redivision of land in order to lessen congestion in the 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 adequate and coordinated provision for 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, historical landmarks; and, in general, to facilitate the orderly coordinated, efficient and development of the City of Valley Park.
[R.O. 2013 §410.030; Ord. No. 1463 §1, 6-21-1999]
Every subdivision and resubdivision of land within the City of Valley Park shall be shown upon a plat and submitted to the Planning and Zoning Commission and the Board of Aldermen for its 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 this Chapter. No lot subject to this Chapter shall be sold unless first established by provisions of this Chapter. No building permit shall be issued for construction on a parcel or lot created in violation of this Chapter.
[R.O. 2013 §410.040; Ord. No. 1463 §1, 6-21-1999]
The owner of a lot or parcel of land created prior to the adoption date of this Chapter (June 21, 1999) in violation of this Chapter may apply to the Board of Appeals and Adjustment for a variance from the subdivision regulations for construction related to uses allowed in the single-family "R" zoning districts. The Board of Appeals and Adjustment shall investigate the situation, and finding that: (a) the lot was created by record plat or recorded deed prior to adoption date of this Chapter, and (b) but for the failure to comply with this Chapter, the lot or parcel of land could be developed; and (c) the lot or parcel of land was acquired by the present owner for a valuable consideration and in ignorance of the requirements of this Chapter; and had proper application been made at the time of the creation of the lot, approval would have been given for lot size and frontage; may by order grant the variance upon such terms and conditions as will most equitably preserve the purpose and intent of this Chapter.
[R.O. 2013 §410.050; Ord. No. 1463 §1, 6-21-1999]
As used in this Chapter, the following definitions apply:
ALLEY
A secondary means of ingress or egress serving more than one (1) tract of land and used primarily for vehicular service, and which may be used for public utility purposes.
BENCHMARK
A definite point of known elevation and location and of more or less permanent character. The identity and elevation shall be based on United States Geological Survey datum. Benchmarks established from 1981 Metropolitan St. Louis Sewer District Benchmark Loop System and Missouri Highway and Transportation Department Benchmarks or temporary benchmarks established thereon are acceptable.
BLOCK
An area of land surrounded by public highways, streets, streams, railroad rights-of-way, parks, rural land, drainage channels, or other similar areas or facilities.
BOARD
The Board of Aldermen of the City of Valley Park, Missouri.
BUILDING LINE (SETBACK)
A line parallel to a 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 a building or structure in the area between such building line and right-of-way, stream bank, or other property line.
COMMISSION
The Planning Commission of the City of Valley Park.
COMMON LAND
That land set aside for open space, including storm water retention lakes, ponding, or recreational use for the owners of lots in a subdivision, which land is conveyed in trust for the benefit, use and enjoyment of the lot owners.
COMMUNITY DEVELOPMENT DIRECTOR
The agent of the City of Valley Park having primary responsibilities for enforcement of this Chapter.
CONDOMINIUM
A form of property ownership under the Condominium Property Act, Chapter 448, RSMo.
CRITICAL DOWNSTREAM LOCATION
A location within the drainage reach downstream of the subject site consisting of a channel section, drainage swale, bridge, box culvert, storm sewer, or other conveyance facility or structure having a conveyance capacity which would be exceeded by storm water runoff from a fifteen (15) year frequency, twenty-four (24) hour duration storm under existing land use conditions; or an existing structure or building located downstream of the subject site which has its lowest floor elevation less than one (1) foot above the maximum elevation in an adjacent channel attained by the one hundred (100) year frequency, twenty-four (24) hour duration storm, assuming existing land use conditions with the proposed ultimate development of the subject site in place. The conveyance capacity of a structure operating under inlet control conditions shall be determined with a maximum headwater to diameter ration (HW/D) of 1.25 with a headwater elevation equal to the top of curb, whichever is less.
DESIGN YEAR STORM
The selected or established frequency or return period of rainfall time-duration for which drainage facilities are to be designed.
DETENTION
The temporary storage of the differential runoff of storm water by providing permanent facilities such as dry reservoirs, ponds, or other acceptable alternatives.
DEVELOPER
That person, firm or corporation by whom a tract will be subdivided and improved pursuant to the requirements of this Chapter.
DEVELOPMENT
Any change of land use or improvement on any parcel of land.
DRAINAGE BASIN (OR WATERSHED)
The catchment area from which storm water is carried off by a watercourse or storm drainage system. The area served by a drainage system receiving storm and other surface-borne water. The definition of "drainage basin" boundaries is a product of natural topography and drainage system configuration.
DRAINAGE FACILITY
A man-made structure or natural watercourse for the conveyance of storm runoff. Examples are channels, pipes, ditches, swales, catch basins and street gutters.
EASEMENT, ROAD IMPROVEMENT, MAINTENANCE AND UTILITY
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.
EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT
A grant by a property owner to the City for the purpose of road maintenance, improvement and widening.
EASEMENT, STORM WATER CONTROL
A grant by a property owner to the City, County or MSD for the purpose of storm water control.
EASEMENT, STORM WATER CONTROL ACCESS
A grant by a property owner to the City, County or MSD providing access to storm water control facilities for maintenance purposes.
EASEMENT, UTILITY
A grant by a property owner to a public or private utility company for the purpose of installation, improvement and maintenance of public or private utilities.
ENGINEER
A professional engineer registered in the State of Missouri.
ESCROW AGENT
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 this Chapter.
FLOODPLAIN
That area within the City of Valley Park identified on the Flood Insurance Rate Map as being within special flood hazard areas inundated by 100-year flood.
FRONTAGE
That edge of a lot bordering a street.
GENERAL PLAN
A plan or any portion thereof for the coordinated development of the City of Valley Park adopted by the Board of Aldermen.
HIGHWAY
See Street.
IMPERVIOUS SURFACE
Surfaces on real property where infiltration of storm water into the earth has been virtually eliminated by the works of man. Impervious surfaces shall include, but not be limited to: roofs, paved driveways, patio areas, sidewalks, parking lots, storage areas, and other oil or macadam surfaced areas which prevent percolation of storm waters into the earth's surface.
IMPROVEMENTS
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, siltation control, sanitary sewers, signs, monuments, landscaping, street lights, and other similar items.
LAND DISTURBANCE
Any activity including mechanized clearing which removes the vegetative ground cover.
LAND DISTURBANCE PERMIT
A permit issued by the City of Valley Park that authorizes the commencement of land disturbance activities.
LAND SURVEYOR
A land surveyor registered in the State of Missouri.
LOT
A parcel of land created under the provisions of this Chapter intended to be separately owned, developed, or otherwise used as a unit.
LOT AREA
The total horizontal surface area within the boundaries of a lot exclusive of any area designated for street purposes.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
MONUMENT
A permanent marker to be made of materials and placed by a land surveyor at locations specified in this Chapter.
MSD
The Metropolitan St. Louis Sewer District.
OWNER
Any person having legal title to, or a proprietary interest in real property. Proprietary interest shall include, but not be limited to, estate administration, trusteeship, guardianship, and actions under a valid power of attorney.
PEAK RUNOFF
The maximum rate at which storm water travels across the surface of the ground.
PEDESTRIAN WAY
An easement or right-of-way designated to facilitate pedestrian access to adjacent streets and properties.
PRIVATE STORM DRAINAGE SYSTEM
A drainage facility which serves only one (1) particular site and does not collect or transport storm water from any drainage basin or roadway outside the site.
PUBLIC STORM DRAINAGE SYSTEM
Any drainage facility which serves more than one (1) property and collects or transports runoff from off-site.
RIGHT-OF-WAY
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.
ROAD, ROADWAY
See "STREET".
SETBACK
See "BUILDING LINE".
SILTATION CONTROL
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.
SITE
The total area of the parcel, tract, lot or ownership of land upon which development or land disturbance is proposed irrespective of the actual limits or size of the proposed development or land disturbance activity.
SLOPE
The rate of deviation of the ground surface from the horizontal as expressed in percentages.
STORM DRAIN
A closed conduit or open ditch, natural or specifically constructed, for conducting or conveying collected storm water. Conduits and paved open ditches are termed "improved"; unpaved ditches are termed "unimproved".
STORM DRAINAGE DESIGN
Design shall be in accordance with the requirement of Metropolitan St. Louis Sewer District in the development of minor storm drainage systems, such as storm drains, relatively small culverts, associated streets and gutter flow hydraulics, natural drainage swales, storm inlets and detention facilities.
STREET
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 the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court, but shall not include an alley or a pedestrian way.
STREET, COLLECTOR
Collector streets function as secondary land service streets in that they move traffic from the major streets, which distribute traffic regionally, to minor streets which distribute the traffic to individual lots, parcels and uses within the subdivision, area or neighborhood. Collector streets also may serve individual lots, parcels and uses as a secondary or additional function.
STREET, CUL-DE-SAC
A short, independent, minor street terminating in a circular turnaround.
STREET, FRONTAGE OR SERVICE
A minor street generally parallel to and adjacent to arterial streets and highways, which provides access to abutting properties and protection from through traffic.
STREET, LOOP
A short, independent street which usually terminates along the same collector street of its origin.
STREET, MAJOR (ARTERIAL)
A street utilized for high vehicular speeds or for heavy volumes of traffic on a continuous route.
STREET, MINOR
Minor streets are exclusively land service facilities for access to abutting properties. These serve the local neighborhood and may be in the form of a cul-de-sac or loop street; provided however, that any combination of loop and cul-de-sac streets may be utilized without the streets being designated as collector streets provided that such an arrangement serves the same function and also that the maximum fronting lots do not exceed the total which would be allowed within the provisions of the Street Specifications Matrix.
STREET, MULTIPLE-FAMILY ACCESS
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.
STREET, PRIVATE
A private way which affords the principal means of vehicular access to abutting property.
SUBDIVISION
Either a division or redivision of a tract of land into more than one (1) lot, plat.
SUBDIVISION, MINOR
Any classification of a subdivision wherein the division or redivision of land meets the criteria set forth in this Chapter.
SUBDIVISION, MULTIPLE-FAMILY
A tract of land, whether divided into separate lots or not, which is intended for the construction of duplexes, multiple-family dwellings, row houses, and other arrangements of attached or connected building units.
SUBDIVISION, NON-RESIDENTIAL
Either a division or redivision of a tract of land into more than one (1) lot, plat or site for commercial or industrial purposes; or the dedication or establishment of a street, alley, pedestrian way in conjunction with such tract.
SUBDIVISION, RESIDENTIAL (SINGLE-FAMILY)
Either a division or redivision of a tract of land into more than one (1) lot, plat or site for single-family residential purposes.
SURETY COMPANY
An insurance company qualified and acting under the provisions of Chapter 379, RSMo., which has met the requirements of Section 379.020, RSMo., thereof and which is approved by the City Attorney or to act as a surety under this Chapter.
SWALE
A wide shallow ditch used to carry storm runoff.
TITLE COMPANY
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.
TOPSOIL
Top organic layer of the soil profile.
TRACT
An area or parcel of land which the developer intends to subdivide and improve, or to cause to be subdivided and improved, pursuant to the requirements of this Chapter.
TREE
Any self-supporting woody perennial plant, usually with one (1) main stem or trunk. For purposes of identifying existing trees, deciduous shade trees shall have a four (4) inch caliper, measured four and one-half (4½) feet above the ground and ornamental evergreen species shall be a minimum of six (6) feet in height.
TRUST INDENTURE
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.
UNIMPROVED LAND
Land or property having little or no "impervious surface".
WATERCOURSE
A stream, usually flowing in a particular direction (though it need not flow continuous in a definite channel), having a bed or banks and usually discharging into some other stream or body of water.
ZONING ORDINANCE
Chapter 405, as from time to time amended, which controls and regulates zoning for the City of Valley Park.
[R.O. 2013 §410.060; Ord. No. 1463 §1, 6-21-1999]
A. 
The developer shall prepare and submit to the Community Development Director such number of copies of a preliminary plat of the tract as shall be required. The preliminary plat shall contain the following information:
1. 
The location of the tract in relation to the surrounding area.
2. 
The approximate location of all existing structures within the tract proposed to be retained and wooded areas within the tract and within one hundred (100) feet thereof.
3. 
The names of the owners of all property adjoining the tract as disclosed by the most recent Assessor's record.
4. 
All existing streets, roads, and approximate location of wet and dry weather watercourses, floodplain areas, sink holes, and other significant physical features within the tract and within one hundred fifty (150) feet thereof.
5. 
Approximate location of proposed streets and property lines.
6. 
A rough sketch of the proposed site plan.
7. 
Abbreviations and legend of all features.
8. 
Direction of and approximate distance to nearest existing major street intersection.
9. 
Approximate location of any historical building as identified by the State of Missouri, Department of Natural Resources within the boundaries of the tract.
10. 
A key map showing the tract and its relation to the surrounding area.
11. 
A north arrow and graphic scale.
12. 
The name proposed for the tract or such part thereof as is proposed to be subdivided, which shall be original and not a duplication of the name of any previously recorded subdivision or development in St. Louis County. The developer shall included certification from the Recorder of Deeds office of St. Louis County to this effect.
13. 
The date of plan submission to the Community Development Director and the following names and addresses:
a. 
The record owner or owners of the tract.
b. 
The party who prepared the plat.
c. 
The party for whom the plat was prepared.
d. 
The engineer and land surveyor who will design improvements for and survey the tract or such part thereof as is proposed to be subdivided.
14. 
The approximate area of the tract stated in tenths (10ths) of an acre.
15. 
Sufficient existing and proposed contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred fifty (150) feet beyond the limits of the subdivision boundaries. U.S.G.S. data is required.
16. 
The location of existing and proposed property lines, watercourses, sink holes, areas within the tract subject to inundation by storm water, railroads, bridges, culverts, storm sewers, sanitary sewers, easements of record, existing buildings including use or other identified improvements that are to remain, and significant natural features such as wooded areas and rock formations.
17. 
The location of existing and proposed streets including additional right-of-way along existing streets.
18. 
The results of any tests made to ascertain subsurface rock and soil conditions and the water table.
19. 
The zoning district, including delineation of floodplain, if any, and the Township, Range, Section, and U.S. Survey, school district, fire district, water company, and other special districts in which the tract is located.
20. 
Any proposed alteration, adjustment or change in the elevation or topography of any area in a floodplain.
21. 
Approximate area in square feet of minimum and maximum size of lots, if less than one (1) acre in area, and in acres and tenths (10ths) of acres if one (1) acre or more in area, into which the tract is proposed to be subdivided.
22. 
Indicate approximate location of existing and proposed sidewalks and pedestrian walkways.
23. 
Indicate proposed building lines and setback requirements.
24. 
Proposed type of treatment or method of sewage disposal to include name of trunk line, lateral or qualified sewage treatment system, where applicable.
25. 
If the developer intends to subdivide any portion of the parcel into a multiple-dwelling unit subdivision or a subdivision being developed under a Planned Development District Section of the zoning ordinance, then the preliminary plat shall, in addition, include the following data:
a. 
Gross area of tract.
b. 
Area in street.
c. 
Net area of tract.
d. 
Maximum number of units allowed.
e. 
Maximum number of units proposed.
f. 
Parking ratio.
g. 
Distance between structures.
26. 
A certification by registered land surveyor or engineer who prepared the plat that the plat is a correct representation of all existing and proposed land divisions.
27. 
Fire district comments must be received prior to preliminary plat approval for development that have a single ingress and egress, and where variances are requested for pavement width reduction, maximum cul-de-sac length and number of units or lots served on a cul-de-sac.
B. 
Floodplain Property. Development of parcels within the floodplain shall require approval of a floodplain study.
C. 
Planned Development Zoning District Procedures. In the case of any subdivision developed under any Planned Development District procedures in the zoning ordinance, which require the submission of development plans for review or approval, a concept plan required by the zoning ordinance shall include all information required on a preliminary plan and may be used therefor. A development section plan required by the zoning ordinance shall comply with all requirements of this Chapter for a preliminary plat and may be used therefor.
D. 
Community Development Director Review Of Preliminary Plat. The Community Development Director shall review the preliminary plat with regard to requirements described in this Chapter as soon as practicable and:
1. 
If the plat is satisfactory, the Community Development Director or his/her authorized representative shall thereupon affix a notation of approval, date of approval, and his/her signature on the plat denoting satisfactory compliance with the requirements of this Chapter. The plat shall be returned to the developer who may then proceed in compliance with this Chapter.
2. 
If the preliminary plat is unsatisfactory, the Community Development Director shall give notice to the submitting party in writing setting forth the conditions causing the disapproval, and the unsatisfactory conditions shall be remedied prior to further consideration by the Community Development Director.
3. 
Whenever a preliminary plat includes a proposed establishment of common land, and the Community Development Director finds that such land is not suitable for common land due to terrain, benefit to a small portion of the lot owners, difficulty of maintenance, or any similar reason, the Community Development Director may either refuse to approve such an establishment, or it may require the rearrangement of the lots in the proposed subdivision to include such land.
4. 
The approval by the Community Development Director of the preliminary plat shall be valid for a period of one hundred eighty (180) days from the date of approval or such longer period as the Community Development Director may determine to be advisable if after review by the Community Development Director such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements, provided that total extension shall not exceed one hundred eighty (180) days. If no record plat of a subdivision of any part of the tract for which a preliminary plat has been approved is recorded within said one hundred eighty (180) day period, or such longer period as the Community Development Director shall permit, a resubmission and review thereof by the Community Development Director may be required.
[R.O. 2013 §410.070; Ord. No. 1463 §1, 6-21-1999]
A. 
After the preliminary plat is approved, improvement plans for the subdivision of all or any part of the tract shall be submitted for review to the Community Development Director.
1. 
Improvement plan content. Improvement plans shall be prepared on an exhibit not to exceed twenty-four (24) inches by thirty-six (36) inches and shall contain the following information:
a. 
Title page, which shall include key map showing the relationship of the area to be subdivided to the tract and which shall reflect areas of the tract previously subdivided plus adjacent streets. In addition, the name, address and telephone number of the developer and engineering firm, as well as a registered professional engineer's seal, should be indicated.
b. 
North arrow and graphic scale shall be indicated on each plan sheet.
c. 
One (1) or more benchmarks, in or near the subdivision, to which the subdivision is referenced. The identity and elevation shall be based on U.S.G.S. datum.
d. 
List of the standards and specifications followed, citing volume, section, page, or other references.
e. 
The plans, which detail the construction and types of materials to be used in conjunction with the development of the subdivision, shall be prepared by a registered professional engineer.
f. 
Grading and paving details conforming to Valley Park standard specifications and requirements.
g. 
Details of streets including location and width of all proposed public or private rights-of-way and/or private roadway easements, existing and proposed sanitary sewers, drainage channels, swales, storm sewers, including adequate natural discharge points, detention facilities, and silt control measures.
h. 
Plans and profiles of streets and sewers, scale not less than one (1) inch equals fifty (50) feet (1" = 50') horizontal and one (1) inch equals ten (10) feet (1" = 10') vertical.
2. 
Review of improvement plans. The procedure for reviewing improvement plans shall be as follows:
a. 
Subdivisions within the operating limits of MSD. There shall be submitted copies of paving and street grade plans, together with drainage maps and runoff sheets for storm water, and sanitary sewer plans. The plans may be reviewed concurrently by the Community Development Director and MSD. The Missouri Department of Natural Resources shall be included as one (1) of the reviewing agencies when the tract to be developed is located within the operating limits of a private sewer company, other than MSD, or if the tract to be developed requires a sanitary treatment facility. Corrections or additions shall be made, if required. After MSD has approved the sanitary and storm sewer plans, the approved plans shall then be submitted to the Community Development Director for review and final approval. Complete approval of the plans by all reviewing agencies and payment of inspection fees constitute authority to proceed with construction of improvements necessary to serve the development. Plans shall be approved by all reviewing agencies prior to issuance of grading, ground disturbance or building permits.
b. 
Subdivisions not within the limits of MSD. There shall be submitted the required number of paving and street grade plans together with drainage maps and runoff sheets for storm water. The plans may be reviewed concurrently by the Community Development Director and the Missouri Department of Natural Resources. Corrections or additions shall be made, if needed. When the plans are satisfactory to those agencies reviewing same, they shall then be submitted for review and verification by the Community Development Director. Complete approval of the plans by all reviewing agencies and payment of inspection fees constitute authority to proceed with construction of improvements necessary to serve the development.
3. 
Improvements completed within two (2) years. Approval of the improvement plans is valid for a period of two (2) years from the date of approval, or for such longer period as the Community Development Director may determine to be advisable if after review by the Community Development Director such longer period is necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public requirements. If the construction of the improvements shall not have been completed within said two (2) year period or such longer period as the Community Development Director may permit, a resubmission of the improvement plans to the appropriate agencies may be required by the Community Development Director.
4. 
As-built drawing of subdivision improvements. After the sanitary sewers, storm sewers, sidewalks and pavement have been constructed and installed, but before the inspecting agencies recommend final approval or acceptance, the developer shall submit the required number of as-built drawings of the above improvements.
[R.O. 2013 §410.080; Ord. No. 1463 §1, 6-21-1999]
A. 
Before the developer's obligation to Valley Park is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting agency and accepted for maintenance or given final approval by Valley Park.
1. 
The record plat shall substantially conform to the preliminary plat. A record plat shall delineate all developed lots created by the plat except as follows. If a record plat does not include all property in an approved preliminary plat or all remaining property where previous record plats of a portion of the subdivision have been recorded:
a. 
In a single-family or multiple-family subdivision, no property may be omitted if a resulting tract is less than two (2) acres in area or any resulting side of an omitted tract is less than three hundred (300) feet in length, unless such a side is the original boundary of the original legally-existing tract. Until subdivided, such omitted tract is a developable lot, on which no more than one (1) residence may be constructed; or unless the development is a Planned Development District, in which case the omitted property is not developable and does not constitute a lot of record for any purpose under the zoning ordinance or subdivision ordinance until included in a record plat.
b. 
In a non-residential subdivision, omitted property is not developable and does not constitute a lot of record for any purpose under the zoning regulations or subdivision regulations until included in a record plat.
2. 
Multiple-family subdivision record plats.
a. 
A multiple-family subdivision tract may be developed in two (2) or more phases, which shall be clearly indicated on the record plat. The record plat for each phase shall include all previous phases and a reference to the book and page of their recording, and all future phases. Areas designated as future phases need not indicate easements or parking and drive locations and are not developable until such phases are recorded. Improvement plans and installation or guarantee of improvements are not required for areas designated as future phases, except that the Community Development Director may require such improvements as are necessary to serve the phase proposed for present development.
b. 
Multiple-family subdivision record plats, or the phase proposed for present development of multiple-family tracts to be developed in phases, shall establish all necessary easements and parking and drive locations. The plat shall contain script restricting parking and drive areas to such purposes.
3. 
The record plat contents and information.
a. 
The record plat shall be prepared by a registered land surveyor, at any scale from one (1) inch equals twenty (20) feet (1" = 20') to one (1) inch equals one hundred (100) feet (1" = 100') in any increments of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six (36) inches by forty-two (42) inches. If more than one (1) sheet is required, a key map on Sheet No. 1 showing the entire subdivision at reduced scale shall be provided if required by the Community Development Director.
b. 
North arrow and graphic bar scale.
c. 
The boundary lines within the outboundary lines of the subdivision with accurate distances and bearings: also all section, U.S. Survey and congressional township and range lines; and the boundary lines of municipalities, sewers, schools, and other legally established districts within and the name of or description of any of the same adjacent to or abutting on the subdivision.
d. 
The lines of all proposed streets and alleys with their widths and names.
e. 
An accurate delineation of any property offered for dedication to public use.
f. 
The line of departure of one street from another.
g. 
The boundary lines of all adjoining lands and the right-of-way lines of adjacent streets and alleys with their widths and names.
h. 
All lot lines and an identification system for all lots and blocks.
i. 
Building lines, including minimum side and rear yard setbacks on a typical lot and easements or rights-of-way provided for public or private use, services or utilities, with figures showing their dimensions, and listing types of uses that are being provided.
j. 
All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines, and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.
k. 
All survey monuments, together with the descriptions.
l. 
Area in square feet for each lot or parcel on the plat or a supplemental sheet showing same.
m. 
Name of subdivision and description of property subdivided, showing its location and area.
n. 
Certification by a land surveyor who performs the property survey to the effect that the plat represents a survey made by him/her, and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The month and year during which the survey was made shall also be shown.
o. 
Private restrictions and trusteeships where required by ordinance and their periods of existence. Should such restrictions and trusteeships be of such length as to make the lettering of same on plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
p. 
The subdivision name approved on record plat shall constitute the subdivision's official name. When a subdivision name has been changed, all subsequent plats submitted for processing shall reference the original name, which should include names recorded on site development concept and section plans. Any other name used for advertising or sales purposes does not constitute an official revised name unless approved on a plat of record approved by the Valley Park Board of Aldermen.
q. 
If the developer places restrictions on any land contained in the subdivision that is greater than those required by the zoning ordinance or this Chapter, such restrictions or references thereto should be indicated on the plat.
r. 
Zoning district and zoning district boundary line when property is located in more than one (1) district. Planned district and ordinance numbers when applicable.
s. 
Accurately note elevation referring to mean U.S.G.S. datum for permanent benchmark.
t. 
Cumulatively, all record plats should contain enough common land to support the lots being platted. All remaining common ground should be platted with the recording of the final lot, unit or phase of the development.
u. 
The record plat shall be on tracing cloth, drafting film, or the equivalent, together with copies of any deed restrictions which are required by ordinance, where such are too lengthy to be shown on the plat, shall be submitted to the Community Development Director for its approval. A copy of the plat should be submitted to the Community Development Director for review and comment. Script corrections can be made after approved by Board of Aldermen, but prior to recording. Upon approval on the final plat by the Board of Aldermen the Community Development Director shall place a signature on the plat with the date of such approval.
v. 
The record plat shall be executed by the owner and lienors.
4. 
Developer shall provide the following documents. Prior to the Community Development Director forwarding the record plat to Board of Aldermen, the developer shall provide the Community Development Director with the following documents, as they may be applicable:
a. 
Guarantee of installation of water mains from St. Louis Water Company or City of Valley Park.
b. 
Street lighting contract from Ameren Missouri. Submittal of contract is optional and is to be accepted in lieu of an increased value for escrow of actual construction costs.
c. 
Verification of street names and addresses from Department of Revenue.
d. 
Verification of location of fire hydrants and adequacy of water supply from applicable fire district.
e. 
Tax certificate or copy of paid tax bill from the office of the Collector of Revenue.
f. 
Highway inspection fees or payment verification from Valley Park Community Development Director inspection fees paid.
g. 
Subdivision processing fees.
h. 
Any special study or engineering calculations required.
i. 
Trust indenture and warranty deed for common land conveyance, accompanied by a letter of compliance from an attorney.
j. 
Letter from MSD certifying connection fees have been paid.
k. 
Verification of proper placement of survey monuments from the Community Development Director.
5. 
Record plat recorded. The record plat shall be filed with the Recorder of Deeds within sixty (60) days after approval by the Board of Aldermen. If any record plat is not filed within this period, the approval shall expire.
[R.O. 2013 §410.090; Ord. No. 1463 §1, 6-21-1999]
A. 
In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), private streets, street lighting, drainage facilities such as detention basins and drainage pipe and ditches or any other improvement that requires continuous maintenance, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this Chapter. For single lot developments and developments with no common ground, the Community Development Director may accept script certifying the means of maintenance on the record plat. Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that said common land be used for the benefit, use and enjoyment of the lot owners present and future and shall be the maintenance responsibility of the trustees of the subdivision and that no lot owner shall have the right to convey his/her interest in the common land except as an incident of the ownership of a regularly platted lot.
B. 
Any trust indenture required to be recorded, or recorded for the purpose of compliance with provisions of this Chapter or the zoning ordinance, shall provide for not less than the following representation of purchasers of developed lots among the trustees; one-third (1/3) of the trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after ninety-five percent (95%) of the lots have been sold; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.
C. 
Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies among the trustees, the Board of Aldermen may, upon the petition of any concerned resident or property owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees are selected in accordance with the trust indenture. Any person so appointed who is not a resident or property owner within the subdivision shall be allowed a reasonable fee for his/her services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision, and which shall not be subject to any limitation on special assessments contained in the trust indenture or elsewhere.
D. 
Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri, setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indenture. The deeds and indenture shall be approved by the Community Development Director and the City Attorney prior to being filed with the Recorder of Deeds of St. Louis County simultaneously with the recording of the record plat.
E. 
Term of indentures for all types of subdivisions, including planned districts and special procedures, shall be for the duration of the subdivision. In the event the subdivision is vacated, thereafter, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance or change of ownership of any lot or unit shall convey with it ownership in the common land, and no interest in the common land shall be conveyed by a lot or unit owner except in conjunction with the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided however, that no right or power conferred upon the trustees shall be abrogated.
[R.O. 2013 §410.100; Ord. No. 1463 §1, 6-21-1999]
A. 
Criteria For A Minor Subdivision. A subdivision shall be considered a minor subdivision if the division or redivision of land does not establish more than four (4) lots wherein all the following criteria are met:
1. 
The proposed subdivision of land does not include an improvement within a street right-of-way, other than concrete sidewalks, landscaping, monuments, lateral extensions of sanitary and storm sewers, and water mains. Establishment of a right-of-way only shall not be construed as improvement in this Section. However, concrete sidewalks, landscaping, street lights, monuments and water mains shall be required unless waived. Requirement of any additional improvements or the use of any special procedure of the zoning ordinance shall disqualify the proposed subdivision from consideration as a minor subdivision.
2. 
The proposed subdivision of land does not include a provision for common land or recreational facilities.
3. 
The proposed subdivision of land does not adversely affect, as determined by the Community Development Director, the development of the parcel proposed for subdivision as well as the adjoining property.
4. 
The proposed subdivision of land is not in conflict with any provisions of the zoning ordinance or this Chapter.
B. 
Submission Of Other Plans Waived. The Community Development Director may waive the requirement of submission of all other plans except the record subdivision plat. However, in such cases pertinent data as required by the Community Development Director and set forth in Section 410.060, Submission and Review of a Preliminary Plat, shall be submitted to the Community Development Director for review.
C. 
Sidewalks. Improvement plans for sidewalks may be required and shall be submitted for review and approval in accord with provisions of Section 410.070 of this Chapter. Further, the developer shall prepare and submit to the Community Development Director such number of copies of a preliminary plat of the tract as required by Section 410.060, Submission and Review of a Preliminary Plat.
D. 
Request for minor subdivision shall be submitted to the Planning and Zoning Commission as an informational item.
[R.O. 2013 §410.110; Ord. No. 1463 §1, 6-21-1999]
The size, shape and orientation of lots and the orientation of structures shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common land (if any), other structures, and adjacent land uses. Due regard shall be given to natural features such as large trees, unusual rock formations, watercourses, and sites which have historical significance, scenic views, and similar assets, the preservation of which would add attractiveness and value to the subdivision.
[R.O. 2013 §410.120; Ord. No. 1463 §1, 6-21-1999]
A. 
Street Improvements.
1. 
Private roadway easements shall have a minimum width of fifty (50) feet.
2. 
When a subdivision is proposed adjacent to a street that is accepted and maintained by Valley Park, right-of-way dedication may be required as necessary for the relocation or widening for an adjoining road.
3. 
Reflectorized street signs are required for subdivisions at each intersection of a designated private roadway easement with an existing or proposed publicly maintained street. Such signs shall be placed within the public right-of-way in accord with the standards of the Community Development Director.
4. 
In a large lot subdivision, a street light shall be required only at each intersection of a private roadway easement with an existing or proposed publicly maintained street.
B. 
Storm Water Improvements. Storm water drainage improvements are required for subdivisions except where individual lot access is requested to an existing public street or where necessary to control erosion or damage to street right-of-way to be dedicated to Valley Park in which case the provisions of Section 410.250 (storm sewers) shall apply and land subdivision improvement bonds or escrows shall be provided by the developer in accordance with Section 410.310.
C. 
Private Agreements. Private restrictions proposed for the subdivision shall be reviewed by the Community Development Director and City Attorney and shall be referenced on the record plat.
D. 
Vacation Of Subdivision. The following procedure shall be followed for the vacation of subdivisions.
1. 
Whenever any person may desire to vacate any subdivision or part thereof in which he/she shall be the legal owner of all of the lots or may desire to vacate any lot, such person or corporation may petition the Board of Aldermen giving a distinct description of the property to be vacated and the names of the persons to be affected thereby.
2. 
The petition shall be filed together with a filing fee in the sum of two hundred dollars ($200.00) with the City Clerk who shall give notice of the pendency of the petition in a public newspaper.
3. 
If no opposition be made to said petition, the Board of Aldermen may vacate the same with such restrictions as they may deem for the public good. If opposition is made, said petition shall be set down for public hearing before the Board of Aldermen.
4. 
Prior to Board of Aldermen action, the petition shall be referred to the Community Development Director for review and comment.
5. 
If the developer fails to cure all non-compliance with improvement requirements, the Community Development Director may initiate proceedings to vacate the undeveloped portion of the subdivision. For the purpose of this Section, the undeveloped portion of the subdivision does not include lots which have been sold or are under bona fide contract for sale to any person for personal use or occupancy.
[R.O. 2013 §410.130; Ord. No. 1463 §1, 6-21-1999]
A. 
The design standards set forth in this Section are the minimum design standards to be used by the single-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter as applicable to all subdivisions shall apply to residential subdivisions as well.
1. 
Street frontage.
a. 
Each proposed lot shall front upon a street accepted by Valley Park or improved to the standards and specifications of the City of Valley Park.
b. 
Double frontage
(1) 
Lots with double frontage should be avoided, except where necessary to provide separation of the subdivision from traffic arteries, or as otherwise required by topography or similar conditions.
(2) 
A solid fence or other improvement (including walls, plantings or berms) may be required by the Community Development Director as necessary for screening along the line of lots abutting such an arterial street.
(3) 
Lots with double frontage shall normally have driveway access to the internal subdivision street or minor street.
(4) 
Driveway access to the street shall not be located within ten (10) feet of an existing street catch basin.
2. 
Lot area calculations. The lot area shall meet the requirements of the zoning ordinance.
3. 
Minimum width of lots at required building line. Residential lots shall conform to the following minimum required frontage widths at the required building line:
a. 
All lots containing an area of less than ten thousand (10,000) square feet shall have a minimum width at the required building line of sixty (60) feet.
b. 
All lots containing an area greater than ten thousand (10,000) square feet shall have a minimum width at the required building line of seventy-five (75) feet.
4. 
Circular turnaround.
a. 
Frontage. The minimum width required for a lot fronting on a circular turnaround may be measured along a line parallel to the street right-of-way line, at a distance from the street right-of-way line equal to the depth of the required front yard plus ten (10) feet.
b. 
Building line. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, the zoning ordinance may require a greater front yard or building line setback.
c. 
Minimum width. The minimum width at the right-of-way line for lots fronting a circular turnaround shall be not less than thirty-six (36) feet.
5. 
Side lot lines. Side lot lines shall be right angles to straight streets and radial to curved streets except when said radial lot lines detract from the desirability of the lot.
6. 
Corner lots.
a. 
Corner lots for residential use shall have adequate width to permit appropriate building lines from both streets.
b. 
Corner lots located at the intersection of major and minor roadways shall normally have driveway access from the minor roadway, if possible. Driveways shall be located as far from the street intersection as practicable and will not under any circumstances be permitted within the sight distance triangle serving the intersection as described in the zoning ordinance.
7. 
Exceptional development conditions. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formation, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Community Development Director may, after adequate investigation, withhold approval of such lots until engineering studies are presented to the Community Development Director which establish that the method proposed to meet any such condition is adequate to avoid any danger to health, life or lot improvement.
8. 
Landscaping. Whenever a residential subdivision abuts a non-residential subdivision, a permanently landscaped buffer strip twenty (20) feet in width shall be provided. Up to ten (10) feet of this required buffer strip may be satisfied on the abutting property if provided.
[R.O. 2013 §410.140; Ord. No. 1463 §1, 6-21-1999]
A. 
The design standards as set forth in this Section are the minimum standards for the multiple-family residential subdivision. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter as applicable to all subdivisions shall apply to multiple-family subdivisions as well.
1. 
Lots.
a. 
A multiple-family residential subdivision may consist of only one (1) parcel of land or may include separate lots for one (1) or more multi-family buildings or may include separate lots for each dwelling unit.
b. 
If divided into lots, such lots shall not be deemed "lots" for the purpose of determining minimum lot area as provided in Section 405.010 et seq., providing however, that the total number of dwelling units does not exceed the maximum density requirements of the zoning district or of any special procedure ordinance enacted pertaining to the tract.
2. 
Street frontage. Any such lots need not front or abut directly on a street providing that suitable access and easements are provided for both vehicular and pedestrian traffic.
3. 
Multiple-family access streets. Notwithstanding any other provision of this Chapter, private roadways primarily intended to service parking areas as determined by the Community Development Director shall not be considered streets for the purpose of this Chapter.
4. 
Sidewalks. Pedestrian access must be provided from the interior of the development to the public right-of-way or sidewalks.
5. 
Landscaping. Whenever a residential subdivision abuts a non-residential subdivision, a permanently landscaped buffer strip twenty (20) feet in width shall be provided. Up to ten (10) feet of this required buffer strip may be satisfied on the abutting property if provided.
6. 
Circular turnaround.
a. 
Frontage. The minimum building line will in no event be less than fifteen (15) feet from any road maintenance and utility easement. However, the zoning ordinance may require a greater front yard or building line setback.
7. 
Parking areas.
a. 
Parking bays on multiple-family access streets may be accepted by the Community Development Director to satisfy off-street parking space requirements in multiple-family subdivisions.
b. 
Parking areas should be of sufficient dimension to accommodate a nine (9) feet by nineteen (19) feet parking bay independent of the driveway aisles. All multiple-family access drives and internal parking lot aisles shall be not less than twenty-two (22) feet in width.
8. 
Yard limitations. In the event the plan proposes the construction of dwelling units either with walls joined together or having a common wall but on separate lots, such group of dwelling units or walls or both shall be deemed one (1) structure for the purpose of determining the side, front and rear yard limitations of the zoning ordinance.
B. 
Party Wall Or Cross-Easement Agreements. If the proposed subdivision necessitates the creation of party wall agreements, cross-easements, or other similar agreements to be of record for the use and benefit of two (2) or more dwelling units, the developer shall submit to the Community Development Director all such agreements or indentures at the time of submission of the record plat for approval.
[R.O. 2013 §410.150; Ord. No. 1463 §1, 6-21-1999]
A. 
The design standards as set forth in this Section are the minimum design standards to be used by the non-residential subdivider. Unless otherwise set forth below, the standards and procedures established elsewhere in this Chapter as applicable to all subdivisions shall apply to non-residential subdivisions as well.
1. 
Lots.
a. 
The lot size, width and depth shall be appropriate for the location and type of development contemplated and shall conform to the requirements of the zoning ordinance for the district in which the non-residential subdivision is proposed.
b. 
A minimum road frontage of sixty (60) feet or direct access by a sixty (60) foot road or recorded cross easement shall be required for non-residential lots of any size.
c. 
Lots adjacent to residential areas shall be buffered by providing for additional depth of lots.
d. 
Off-street loading shall be arranged to eliminate street maneuvering by using loading facilities.
2. 
Blocks. There shall be no restriction of maximum block length in a non-residential subdivision.
3. 
Sidewalks and pedestrian ways. The Community Development Director may require pedestrian ways, sidewalks and fencing in a non-residential subdivision to provide access to parks, schools, shopping areas, or similar facilities, or as otherwise necessary to insure the public safety.
4. 
Survey monuments. Survey monuments shall not be required in a non-residential subdivision except as set forth below:
a. 
A permanent survey marker, as defined in this Chapter, shall be placed on at least two (2) corners of each intersecting street in a non-residential subdivision and at each corner of the subdivision outboundary, and said survey markers shall be placed by a land surveyor. Additional survey monuments shall not be required in the resubdivision of a lot of a recorded non-residential subdivision.
b. 
Said permanent survey monuments may be placed after all streets and related utilities have been installed in the portion of the non-residential subdivision being improved.
5. 
Street standards. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and proposed streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. The following standards shall apply:
a. 
General standards. These apply to residential and non-residential types of subdivisions.
(1) 
The developer shall make provision for the extension and relocation of major, collector and minor streets which affect the property. Except for dead-end streets, streets normally shall connect with streets already established, or provide for future connections to adjoining unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivision tracts.
(2) 
Where a subdivision abuts or contains an existing or proposed major street, the Community Development Director may require frontage or service streets, double frontage lots with screen planting, and non-access strips at the rear of such lots.
(3) 
Minor street intersection jogs or discontinuities with centerline offsets of less than one hundred (100) feet shall be avoided.
(4) 
Reserved strips of land which control or limit access at the terminus of streets are prohibited.
(5) 
A tangent of less than one hundred (100) feet in length shall be avoided between reverse curves on major and collector streets.
(6) 
A subdivision entrance street shall intersect the major or collector street with an interior angle between seventy degrees (70°) and ninety degrees (90°) and be positioned to provide adequate sight distance along each intersecting roadway as determined by the Community Development Director.
(7) 
All streets intersecting major or collector streets shall be directly opposite existing or other proposed streets or shall be a minimum of three hundred (300) feet distant, as measured between street centerlines.
(8) 
Where a collector street enters or connects with a major street, intersection geometrics shall be provided as directed by the Community Development Director. Additional traffic lanes or other widening, pavement thickness, drainage facilities, granular base, traffic control devices, and other improvements may be required to accommodate heavy traffic volumes, unsuitable soil conditions, steep grades, or other conditions.
(9) 
Streets shall be constructed to Valley Park standard specifications.
(10) 
Any subdivision platted along an existing street shall provide additional right-of-way, not to exceed twenty (20) feet on either side.
(a) 
When the subdivision is located on one (1) side of an existing street, required right-of-way width shall be provided measured from the centerline of the right-of-way as originally established or as traveled. The centerline must meet requirements of the Community Development Director with regard to radius when located on a curved roadway.
(b) 
Additional right-of-way beyond twenty (20) feet may be requested by the Community Development Director.
(11) 
The Community Development Director may require a street to be dedicated to public use wherein it is deemed in the best interest of the traveling public in order to provide circulation.
(a) 
No building permit may be issued for any lots abutting a temporary turnaround as shown on any recorded subdivision plat unless and until the temporary turnaround is actually constructed and has been approved by the Community Development Director. In addition, no building permit will be issued for display units on proposed lots that would be located where temporary turnarounds are required. The Community Development Director may grant an exception providing that the following conditions are met:
(b) 
The developer submits to the Community Development Director statements from all prospective lot purchasers affected by the temporary turnaround, excluding the developer himself/herself declaring that they agree to the use of their driveways for executing the turnaround movements at the terminus of the street and acknowledging that any repairs made necessary due to damage to the driveway caused by the use of their driveway for the turnaround movement shall in no way be deemed the responsibility of the City of Valley Park; and
(c) 
Provide an easement for the turnaround movement approved by the Community Development Director.
(12) 
A subdivision plat involving new or existing streets crossing railroad tracks shall provide adequate rights-of-way, including approach rights-of-way and slope easements for construction of an underpass or overpass, unless otherwise specified by the Community Development Director.
(13) 
Private streets, including multiple-family access streets, shall have pavement thickness constructed to City standards. Maintenance of these streets shall be the sole responsibility of the property owners or trustees of the subdivision.
(14) 
When streets are proposed as private, the developer shall be required to have either a trust indenture or statement on the record plat establishing the method for providing continuous maintenance of streets, as well as storm sewers.
(15) 
Any public roads proposed within a development and located within the floodplain shall be protected from flood damage as directed by the Community Development Director.
6. 
Additional street standards. In addition to the above, the following shall apply for residential developments:
a. 
A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required. Greater radii may be required at the intersection and at the back of curb or edge of pavement of a street with a major or collector street as directed by the Community Development Director. The Community Development Director may permit comparable cutoffs or chords in lieu of rounded corners.
b. 
Blocks shall not exceed one thousand five hundred (1,500) feet except as the Community Development Director deems necessary to secure the efficient use of land or desired features of street layout.
c. 
All stub streets in excess of four hundred fifty (450) feet in length measured from centerline of the street intersection to the property line on plat boundary shall be provided with a temporary turnaround.
d. 
Streets within subdivisions shall have a minimum pavement width of twenty-six (26) feet.
e. 
A street on which residential lots front and which parallels but is not adjacent to a railroad right-of-way shall be at a distance from the railroad right-of-way sufficient to provide lots with a minimum depth of one hundred sixty (160) feet.
f. 
Parking will not be permitted on the streets. For each parallel parking space adjacent to these streets an additional width of ten (10) feet shall be provided. Additional parking requirements shall be as provided herein and by the standards established by the Commission.
g. 
All developments with lots solely fronting on major streets should have a turnaround maneuvering area which eliminates having to back out onto streets.
h. 
Curbs. Vertical or V curbs all curbs shall be six (6) inch minimum vertical curb with appropriate wheelchair ramps where sidewalks are required.
i. 
Dead-end streets.
(1) 
The Community Development Director may approve dead-end streets of more than six hundred (600) feet in non-residential subdivisions, but all such dead-end streets shall have a turnaround with a minimum diameter at the back of the curb of at least one hundred ten (110) feet. In some cases the Community Development Director may determine that a diameter of eighty-four (84) feet is appropriate, where parking areas can be utilized for turnaround movements, and approval by applicable fire districts.
(2) 
Islands shall not be required in turnarounds in a non-residential subdivision.
j. 
Alleys. Alleys or other provisions for service access may be required by the Community Development Director in non-residential subdivisions only where other provisions have not been made for service access, such as off-street loading, unloading and parking, which provisions are adequate for the uses proposed within the subdivision.
k. 
Right-of-way dedication at railroad crossings. There shall be no requirement for a non-residential subdivision to provide for rights-of-way, including approach right-of-way and slope easements, for construction of an underpass or overpass where a street in a non-residential subdivision crosses railroad tracks, except in the case of major and collector streets as defined elsewhere in this Chapter. Where at grade crossings of railroad tracks occur, the installation of electric warning signals or other precautionary measures may be required if deemed by the Commission to be necessary for the public safety. Approval of the Public Service Commission and Community Development Director is required for all railroad crossings.
l. 
Private streets. Private streets may be permitted in non-residential subdivisions. The pavement thickness of such streets shall be constructed to Valley Park standards.
7. 
Pavement width and right-of-way. All streets in a non-residential subdivision shall be designed to meet at least the minimum requirements of pavement width and right-of-way width as set forth in the following table, except where additional requirements are determined by the Community Development Director to be necessary.
a. 
In any residential zoning district where eight (8) or fewer single-family lots, including corner lots, are proposed on a cul-de-sac street which will not contain sidewalks, a forty (40) foot right-of-way is permitted with additional easements as required for drainage and utilities.
b. 
Turnaround. Fifty-four (54) feet radius right-of-way, forty-two (42) feet pavement radii, twenty-six (26) feet pavement width with island.
Street Design Criteria
Minimum
Right-of-Way
Minimum
Pavement Width
Minimum
Utility Easement
Local and Minor Access
40 feet
26 feet
10 feet
Collector
50 feet
38 feet
10 feet
Major
60 feet
51 feet
10 feet
c. 
Alleys.
(1) 
Alleys may be provided in a residential district and shall be at least twenty (20) feet wide and shall be constructed according to Valley Park standards.
(2) 
Alleys with one-way traffic and designed as a loop for proper traffic circulation shall have at least fourteen (14) feet of pavement width, be located in a twenty (20) foot easement, and be constructed according to Valley Park standards.
(3) 
All alley intersections and sharp changes in alignment shall be avoided but, where necessary, corners shall be designed to permit safe vehicular movement.
(4) 
A dead-end alley shall have an adequate turnaround facility at its termination.
8. 
Lighting.
a. 
Street lights. Street lights shall be required in a non-residential subdivision in accordance with the requirements set forth in this Chapter, along public or private streets or roadway easements which provide access to or through any lot or driveway connecting the subdivision to a public street.
b. 
Alternate lighting plan. In lieu of the above, the developer may submit an alternate lighting plan as provided for, below, to the Community Development Director for review and approval.
(1) 
Outside illumination of all structures to the level described below when required by deed restrictions and/or covenants of said non-residential subdivision, subject to approval of the Community Development Director.
(2) 
Parking area lighting plan.
(a) 
Parking area lighting shall be designed and installed so as to achieve the illumination levels set forth below. Lighting shall be maintained so as to achieve not less than eighty percent (80%) of the minimum and average illumination levels set forth by the following table.
(b) 
The Community Development Director may permit lighting arrangements exceeding the maximum initial level set forth in (c) below to allow lighting designs which substantially exceed the required minimum and average illumination levels.
(c) 
The source of illumination shall not be lower than ten (10) feet above grade except as approved by the Community Development Director.
(3) 
Illumination standards. Illumination standards in foot-candles for structures and their parking areas:
Illumination Standards for Structures and their Parking Areas
Residential
Commercial
Other
Minimum initial level at any point on the parking area
0.07
0.5
0.3
Average initial level
0.35
1.0
0.5
Maximum initial level five (5) feet from the base of a light standard
3.0
8.0
5.0
(4) 
For the purpose of this Subsection, "commercial" refers to parking areas for any land use, regardless of zoning designation, in which goods or services are offered to the general public on the premises.
[R.O. 2013 §410.160; Ord. No. 1463 §1, 6-21-1999]
A. 
Pedestrian Ways.
1. 
The Community Development Director may require pedestrian ways to provide access to parks, schools, shopping areas, public transportation facilities, common land, or similar facilities, or where otherwise necessary to promote the public safety.
2. 
In the event that a pedestrian way is required, the pedestrian way shall be provided for in accord with the following:
a. 
A minimum of twenty (20) feet of right-of-way shall be provided for the required pedestrian way.
b. 
If the pedestrian way is necessary to provide access to an area intended for the installation of active recreation facilities, a walkway shall be required within the pedestrian way. Said walkway shall be constructed with four (4) foot wide and four (4) inch thick Portland cement pavement or other all-weather surface on a grade longitudinally not exceeding eight percent (8%) unless steps are provided as a part of the walkway.
c. 
No building permit will be issued on lots abutting the walkway required within a pedestrian way until said walkway has been constructed.
B. 
Common Land Access For Maintenance. Whenever areas designated and platted as common land contain facilities for retention lakes or ponding or recreational uses, the periodic maintenance of which requires use of heavy equipment, access to said common land shall be of sufficient width reasonably graded to facilitate maintenance equipment and constructed of materials appropriate to accommodate such equipment as approved by the Community Development Director.
[R.O. 2013 §410.170; Ord. No. 1463 §1, 6-21-1999]
A. 
Storm Water.
1. 
The controlled release and storage of excess storm water runoff may be required for all commercial and industrial land use projects and for all residential subdivisions as determined by the Community Development Director.
2. 
Detention of differential runoff of storm water, as approved by the Community Development Director and MSD, may be required by providing permanent detention facilities, such as dry reservoirs, ponds, or other acceptable alternatives.
3. 
Detention reservoirs or dry bottom storm water storage areas may be designed to serve secondary purposes such as recreation, open space, or other types of uses that will not be adversely affected by occasional flooding as approved by the Community Development Director.
4. 
Drainage detention areas that are not maintained by a public authority shall be conveyed as an undivided interest to each lot in the subdivision for maintenance purposes or conveyed to trustees with authority to perform maintenance responsibilities.
5. 
During the construction phase of development, facilities shall be provided to prevent erosion and siltation.
B. 
Storm Water Management Plan Required.
1. 
A storm water management plan prepared and certified by a registered professional engineer, licensed in the State of Missouri, must be submitted to and approved by the Planning Commission prior to the issuance of any applicable land disturbance permit or building permit. The storm water management plan may be prepared in conjunction with or as a supplement to the erosion control plan. The plan shall consist of two (2) components storm water drainage and storm water detention for the purpose of defining the facilities necessary for the proper and permanent conveyance of storm water on the site and the regulation and control of storm water leaving the site.
2. 
No storm drainage facility shall be constructed, altered or reconstructed without first obtaining a permit from the City. No such permit shall be issued unless the City is satisfied that the proposed storm drainage facilities meet the requirements of this Section. Approval of land disturbance permits which include the construction of storm drainage facilities shall constitute issuance of permits to construct those facilities in accordance with the approved storm water management plan.
3. 
No certificate of use and/or occupancy shall be issued for any property subject to the provisions of this Section until construction of the required storm drainage facilities is completed in accordance with the approved storm drainage plan. If completion of the work or building is at such time of the year that completion of the required storm drainage facilities is not possible, a performance bond or other acceptable financial instrument for completion of the work may be accepted to allow the issuance of a certificate of use and/or occupancy.
C. 
Storm Water Management — General Requirements.
1. 
The general criteria for storm water management shall be that all conduits and channels be designed to accommodate the peak flow from the design storm specified in Storm Drainage Design Requirements of MSD. All facilities shall contain the differential runoff from a five (5) to fifteen (15) year return frequency of thirty (30) minute duration. Such facilities shall be designed to release the retained surface water runoff such that the peak rate of runoff from the tract after development shall not exceed the peak rate of runoff from the tract prior to development. All storm sewer pipes installed in a public storm drainage system shall be of reinforced concrete of the appropriate class. Storm sewer pipe installed in private storm drainage system may be of appropriate material selected by the property owner/developer.
2. 
Storm water shall generally be carried in enclosed storm conduits or open channels or detained in impoundment areas on the basis of criteria established in this Section, subject to approval of the Community Development Director. The requirements outlined in these standards are only minimum requirements.
3. 
Open channels shall be located in drainage easements designed to provide a 100-year floodway and shall be designed and constructed in such a manner as to provide easy maintenance of the channel and side slopes and to prevent erosion. If the channel extends between buildings, consideration must be given to adequate protective measures, such as a lined channel invert and side slopes or bank protection. Open channels in residential areas shall generally be located along the rear or side lot lines.
4. 
Natural or existing channels and wooded draws to be retained in the new development shall have a minimum building setback and a minimum drainage easement on both sides of the channel.
a. 
"Channel width" is defined as the width from top of bank to top of bank.
b. 
Setbacks will be measured from the top of bank outward from the stream.
c. 
Drainage easements shall have a minimum width of ten (10) feet outward from the top of the bank on each side of the channel in areas of the City that do not have a designated 100-year floodway. Where 100-year floodway has been established, the drainage easement shall be ten (10) feet minimum width outward from the limits of the designated floodway.
d. 
Building setback requirements shall be as follows:
(1) 
Thirty (30) feet outward from the top of the bank in areas with no designated 100-year floodway.
(2) 
Fifty (50) feet outward from the limits of the floodway in areas of the City having a designated 100-year floodway.
e. 
Erosion shall be minimized throughout the easement by maintaining dense, woody cover.
f. 
The storm water drainage easement and building setback requirements may be waived only if the channel invert and bank are adequately protected from erosion that may result from runoff volume and velocity associated with storm even as defined under Critical Downstream Location.
g. 
Where storm drainage along the side lot lines of residential property is to be in conduit, the conduit shall extend to a point at least thirty (30) feet to the rear of the front building line or ten (10) feet beyond the rear line of the structure, whichever is greater. At the point of intersection with the open channel, some type of facility shall be provided to disperse flow and minimize erosion.
h. 
Where culverts are placed under roadways, they shall extend to at least the limits of right-of-way or the toe of the roadway embankment, whichever is greater, and proper hydraulic structures shall be provided for dissipation of velocity to prevent erosion. Embankments shall be protected to prevent erosion.
i. 
Pipe drains or culverts constructed to intercept the flow of ditches or channels, which may be enclosed in a conduit at a future time, shall he installed at adequate depth to permit their extension at the same required depth.
j. 
Curb inlets shall be installed at or near intersections where they are deemed necessary for the safety of pedestrian and vehicular traffic. Curb inlets shall be placed to intercept the storm water before it reaches the crosswalks. No curb inlet shall be located within a crosswalk. All curb inlets shall be screened.
k. 
Any concentration of surface flow in excess of two (2.0) cfs for fifteen (15) year frequency rain shall be intercepted before reaching the street right-of-way and shall be carried by an enclosed storm drain to connect with a drainage structure at the low point in the street right-of-way or to discharge to a watercourse.
l. 
All detention facilities shall include an emergency or overflow spillway which will pass excess flows greater than those of the fifteen (15) year frequency and overflows resulting from obstructions of the principal outlets.
D. 
Storm Water Detention Required.
1. 
Storm water detention facilities shall be required for all sites greater than two (2) acres.
2. 
When land disturbance permits are required as part of the development process of a new subdivision, i.e., approval of street and utility plans, the storm water detention requirements shall be for the entire tract prior to division into lots for construction.
3. 
A storm water detention facility shall be located only on the lot or tract it is intended to serve unless otherwise approved by the City as provided in this Section.
4. 
The Community Development Director may permit the construction of a storm water detention facility on a lot or tract other than the lot or tract it is intended to serve when the facility is designed to serve more than one (1) lot or tract and the other requirements of this Subsection are met. In such cases, the City must first determine that there are sufficient easements and covenants filed of record imposing the duty to maintain the facilities upon the owners of each of the lots served by the facility. Such covenants must provide that the assessed cost of any repairs and maintenance work shall be the responsibility of the lots being served.
5. 
The Community Development Director may waive storm water detention requirement for tracts located within the levee.
E. 
Storm Water Management Plan Contents. In conjunction with or addition to the requirements for erosion control plans, storm drainage plans shall include the following information:
1. 
All topographical information required for an erosion control plan must include existing contours at five (5) foot intervals and final contours at two (2) foot intervals.
2. 
Plans and profiles of each storm drain, showing location, size, design, flow, flowline elevations, gradients and materials; boring information and rock elevations along the proposed storm drain anywhere applicable, location, depths, and sizes of adjacent or crossing sewer lines and utilities; and special construction requirements such as concrete cradle or encasement, backfill, size and class of pipe. All elevations shall be based upon U.S.G.S. datum with location noted of benchmarks used.
3. 
Typical cross sections of swales, ditches or channels.
4. 
Details of special structures, culverts, transitions, headwalls, aprons and junction chambers, all adequately detailed and dimensions including placement of steel.
5. 
For design of detention facilities, calculations shall include peak runoff, inflow, outflow and storage for differential and runoff. Calculations shall be provided for all areas which are tributary to the subject under existing conditions and conditions after the planned development of the site. The information shall include the acreage of all area contributing flow to the site and the present land use by acreage of those areas.
6. 
Basic design criteria including frequency of rainfall, percentage of imperviousness, runoff for drainage area, time of concentration, loadings, and any other pertinent design criteria.
7. 
Location of all building areas and minimum floor elevations for buildings to be constructed on the site.
8. 
A schedule estimating the dates of completion of construction for all storm drainage facilities shown on the plan.
F. 
Maintenance Of Storm Drainage Facilities. Storm drainage facilities shall be maintained by the owner of the land on which they are located. Storm water detention facilities shall be maintained by the owners of the lots or tracts served. The City shall only maintain storm drainage facilities constructed on City rights-of-way.
1. 
Failure to adequately maintain a storm drainage facility is hereby declared a nuisance.
2. 
Whenever the City determines that a storm drainage facility is inadequately maintained, it shall give notice to the property owner or owners of its determination and order the nuisance abated. The abatement order shall state the number of days within which the nuisance must be abated. The City shall also give notice of the right of the property owner or owners to appeal the abatement order.
3. 
The notice required above shall be in writing and shall either be personally served or mailed by certified or registered mail, return receipt requested. When service cannot be had by either of the above two (2) methods, then service may be made by publication. Notice by publication shall be made by inserting the required notice in a newspaper of general circulation published in the City for at least once each week for a period of two (2) weeks. Notice shall be considered given when the owner is personally served, the mail is delivered, or the last required newspaper notice is published.
4. 
A property owner may appeal the City's abatement order by filing a written demand for a hearing with the Community Development Director.
5. 
After receiving a timely written demand for a hearing, the Community Development Director shall conduct the hearing. The hearing shall be conducted in accordance with the provisions of Chapter 536, RSMo. The hearing officer may either affirm, modify or reverse the abatement order.
6. 
If the owner or owners fail to comply with the order of abatement, the City may cause the nuisance to be abated and shall certify the cost of such abatement to the Board of Aldermen. The Board of Aldermen may, by ordinance, levy the cost thereof as a special tax bill against the property. The tax bill shall be collected in the same manner as other special tax bills and shall be a lien on the property until paid.
[R.O. 2013 §410.180; Ord. No. 1463 §1, 6-21-1999]
A. 
Proposed through or collector streets which are continuations of, or in general alignment with, existing named streets shall bear the names of such existing streets.
B. 
The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing or platted street.
C. 
All the names of streets proposed by the subdivider shall be approved by the Department of Revenue prior to submitting the proposed record plat for review.
[R.O. 2013 §410.190; Ord. No. 1463 §1, 6-21-1999]
A. 
Easements.
1. 
All proposed subdivisions shall have easements as determined by the Community Development Director to be adequate for the installation and maintenance of utility facilities, including cable television distribution systems.
2. 
Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall provide a slope easement or special escrow as determined by the Community Development Director to be of sufficient area and limits to permit the construction and maintenance of the slope.
3. 
Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the developer shall provide an easement determined by the Community Development Director to be adequate in area to contain facilities to take care of flooding or erosion along said stream or surface drainage course.
B. 
Storm Water Easements.
1. 
Storm water easements and drainage rights-of-way may be required if necessary for proper drainage within and through a subdivision.
2. 
Storm water control easements are required along all major creeks and significant tributaries; around and including all new wet lakes functioning as part of a storm water control system; and for all detention areas, basins, and related structures.
3. 
Storm water control easements shall include a minimum dimension of twenty (20) feet back from the bank of improved creek channels as approved on improvement plans, or of such width back from unimproved channels as required by the Community Development Director. Easements shall include a distance of not less than ten (10) feet back from the estimated high water line of lakes, dry detention areas and basins.
4. 
Final location of storm water control easements shall be approved by the Community Development Director as part of the improvement plan approval. Such easements shall subsequently be shown on a record plat or special easement plat.
5. 
In addition to storm water control easements, storm water control access easements shall be required as necessary to provide for upkeep of the area within designated storm water control easements. Separately designated access easements shall not be less than twenty (20) feet wide.
6. 
The Community Development Director shall require script on the record plat or trust indentures for all development containing storm water control easements and access easements to such areas, specifying assessments for and maintenance of such particular areas apart from other common land, until MSD accepts the easements.
[R.O. 2013 §410.200; Ord. No. 1463 §1, 6-21-1999]
A. 
A land disturbance permit is required for any land disturbance activity including removal of three (3) or more trees with a six (6) inch caliper or greater, grading, filling, demolition, blasting, street construction and utilities installation. All applications shall be submitted on forms issued by the City and shall contain all information as required.
B. 
Applications for land disturbance permits for any area in size shall be accompanied by a detailed site development plan which shall include a landscaping plan, a soil erosion control plan, and a storm water management plan conforming to the provisions of this Section. Where practical, drawings may be combined to contain all three (3) of the required plans.
C. 
On land being platted, approval of the site development plan shall be required prior to approval of the final plat (final plan in planned districts) and shall encompass the entire area being final platted or developed.
[R.O. 2013 §410.210; Ord. No. 1463 §1, 6-21-1999]
A. 
Grading.
1. 
Where the preliminary plat indicates that extensive grading and compaction are probable, the Community Development Director may require the submission of additional information and modifications in the proposed plat before the developer may grade any land to be subdivided.
2. 
A grading permit or approved improvement plans are required prior to any grading on the site.
3. 
Erosion and siltation control devices shall be required as directed by the Community Development Director.
4. 
Proposed grading which creates a change in watersheds shall not be permitted.
B. 
Erosion Control Requirements.
1. 
A soil erosion control plan shall be required prior to the issuance of any applicable land disturbance permit. The purpose of the plan is to clearly establish what measures will be taken to prevent erosion and off-site sedimentation during and after development. The erosion control plan shall consist of two (2) parts, a site grading and drainage plan and a narrative report describing the nature and scope of the work. The plan shall be prepared and certified by a registered professional engineer licensed in the State of Missouri.
2. 
Erosion and sedimentation control measures must be designed to provide protection from the runoff from a fifteen (15) year return frequency twenty-four (24) hour duration storm.
3. 
All surfaces must be stable and non-erosive within thirty (30) working days after establishment of the subgrades. When such work is associated with the construction of a building, no certificate of use and/or occupancy shall be issued until such surfaces are stable and non-erosive. If completion of the work or building is at such time of the year that stabilization with ground cover is not possible, a performance bond or other acceptable financial instrument for completion of the work may be accepted to allow the issuance of a certificate of use and/or occupancy.
C. 
Proposed Alterations Of The Site.
1. 
A plan drawing that shows the limits of clearing and grading, cuts and fills, and final contours at not more than two (2) feet intervals. The plan shall identify the phasing of the grading, showing the area(s) to be denuded and the maximum time those areas will remain disturbed (not to exceed thirty (30) working days after completion of the work). The plan shall show areas to be used for storage of topsoil and excavated subsoil and plans for access to the site during wet weather. No topsoil shall be removed from the site. The volume of any subsoils to be removed from the site shall be illustrated on the grading plan.
2. 
A final site plan showing the location or relocation of all utilities, planned streets, roads, buildings, parking lots and structures, and all permanent storm water management facilities.
3. 
Topsoil shall be redistributed over the site and incorporated with the top six (6) inches of the finished grade.
a. 
Temporary erosion and sediment control measures during active construction. Drawings shall be provided showing types of measures and facilities needed, the location of those measures, and facilities with dimensional details. All permanent deviations in overland flow drainage patterns and the location of ingress and egress points with the planned protection provisions are to be indicated.
b. 
Permanent erosion and sediment control measures for long-term protection. Drawings shall be provided showing types of measures any facilities needed, the location of those measures, and facilities with dimensional details. All permanent deviations in overland flow drainage patterns are to be indicated.
D. 
Narrative Report To Accompany Plan.
1. 
A brief description of the overall project shall incorporate an explanation of existing significant drainage problems contributing to erosion and siltation problems, particularly those that will be intensified by the alteration to the construction site.
2. 
The project design should insure that it does not promote or aggravate an existing off-site erosion, siltation or drainage problem. The narrative should include a description of the effect of land disturbing activities off-site.
3. 
Runoff producing factors under existing conditions and the estimated changes after construction must be provided.
4. 
For design of the erosion control measures and facilities, the peak runoff from a fifteen (15) year return frequency, twenty-four (24) hour duration storm must be calculated.
5. 
Long-range management of erosion and siltation control facilities must be addressed in the report.
6. 
The phasing or staging of the land disturbing activity is to be described including information on the sequence of land clearing operations, specifying the maximum area and time span the area will be left denuded, the provisions for the removal, protection and stockpiling of soil, the types of major earth moving and grading activities, dust control measures, and the order of placement of control facility installations.
7. 
Explanations for the selection of the erosion and siltation control measures utilized shall be provided.
8. 
A schedule is to be provided for inspection and maintenance of the erosion and sediment control facilities to insure maximum effectiveness of the protective measures and to assure that preventive maintenance efforts are to be carried out when needed. This should also include a description of plans for resodding or reseeding of vegetated areas and repair or reconstruction of damaged structural measures, and the method and frequency of removal and disposal of waste materials removed from the control facilities or project area including the disposal of temporary structural measures after they have served their purpose.
E. 
Test Boring. The Community Development Director may require evidence as to the subsurface soil, rock and water conditions of the tract to be developed.
[R.O. 2013 §410.220; Ord. No. 1463 §1, 6-21-1999]
A. 
Acceptance And Final Approval. Before the developer's obligation to Valley Park is terminated, all required improvements shall be constructed under the observation and inspection of the inspecting agency and accepted for maintenance or given final approval by Valley Park.
1. 
Plans for improvements shall be prepared by a registered professional engineer; and the streets, storm sewers, sidewalks, pedestrian ways (unless waived by Community Development Director or Commission), and sanitary sewers shall be staked by a registered land surveyor.
2. 
The owner of the tract may prepare and secure tentative approval of a final subdivision plat of the entire tract, but the improvements shall be either installed or guaranteed with a bond or escrow agreement.
3. 
Utilities, including water mains, streets, storm and sanitary sewers, and sewage treatment plant, shall be designed and built or guaranteed 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.
B. 
Survey Monuments.
1. 
Where none are existing, survey monuments shall be placed by a registered land surveyor at street corners; e.g., at a four-way intersection, two (2) corners are required to be monumented, and at a three-way intersection, one (1) corner is required to be monumented. For all other types of intersections, monuments shall be placed as determined by the Community Development Director. In addition, monuments shall be so located to find angle points, points of tangency of curves on one (1) side of the street, and at all outboundary corners.
2. 
Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided however, that the exact offset courses and distances are shown on the letter of certification when monuments are set. If a monument would be in a driveway, a cross would be permitted in concrete, and a steel pin, iron pipe, or railroad spike in asphalt.
3. 
Monuments shall be of Portland cement concrete, four (4) inches square on the top tapering to six (6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins, from one-half (½) inch to one and one-half (1½) inches in diameter. All monuments noted above will have a length of two (2) feet or longer.
4. 
An existing permanent benchmark or a new permanent benchmark shall be accessibly established and shall be accurately noted on the record subdivision plat.
C. 
Street Improvements.
1. 
All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in accordance with Valley Park standards and specifications. All grading and surfacing shall be done under observation and inspection of the Community Development Director and the Public Works Director and shall be subject to their approval. The treatment of the intersection of any new street with a State highway and any additional required widening of an adjoining State highway shall be subject to approval by the District Engineer of the State of Missouri Department of Transportation, Community Development Director and the Public Works Director.
2. 
At such times as a subdivision is proposed adjacent to an existing street, that street shall be improved to current City specifications. Additional right-of-way and the cost of improvement of half of the right-of-way adjacent to the proposed subdivision shall be included in the overall subdivision improvements. The improvements shall be made to current City specifications and standards.
3. 
In certain cases involving the subdivision of a tract or tracts of land, the reservation of right-of-way areas may be required for future road improvements as authorized by the preliminary plat for that tract.
D. 
Disclosure Of Responsibility For Street Maintenance.
1. 
Within any subdivision, no person shall sell, lease, rent offer to sell, lease or rent or advertise for sale, lease or rental any dwelling unit or non-residential facility without disclosing to each prospective purchaser or tenant his/her responsibility with respect to subdivision streets in the manner required by this Section. For the purpose of this Section, "prospective purchaser or tenant" includes any person making inquiry of any responsible party with respect to purchase, rental or lease of a dwelling unit or non-residential facility.
2. 
Required disclosure. Disclosure shall be made to each prospective purchaser or tenant in substantially the following form, where applicable: The streets in this subdivision are private. The owners, homeowners' association or condominium association are responsible for all repairs and maintenance or the construction design of these streets has been approved by Valley Park. Until such time as streets are accepted by the City for maintenance, the owners, homeowners' association or condominium association will be responsible for all repairs and maintenance or the streets in this subdivision which are constructed below the flood elevation are private. The owners are responsible for all repairs and maintenance. Such modifications of the above language shall be made, and only such modifications may be made as are necessary to plainly and accurately portray the current and future status of subdivision streets. Any reference in such disclosure to a board of trustees or managers or similar persons shall further disclose the manner of selection of existing and future trustees or managers and the manner in which any costs borne by such persons will be defrayed.
E. 
Responsible Parties. The requirements of this Section shall be complied with by any developer, development corporation, lender, title company, real estate broker, corporation, agent, manager or management corporation, and each agent or employee of any of the foregoing to the extent of involvement in marketing of subdivision property.
F. 
Specific Requirements. It is the responsibility of each responsible party to accomplish the disclosure required by this Section. Without limiting the generality of this obligation, a copy of the required disclosure, in any event:
1. 
Shall be prominently posted in the sales office;
2. 
Shall be contained in a contract for the sale, lease or rental of a dwelling unit or non-residential facility, and if not printed in "red letter" or similar contrasting and noticeable color, shall be specifically pointed out to a prospective purchaser or tenant prior to execution of any such contract;
3. 
Shall be printed in readily legible type on any map or plat used for marketing purposes.
G. 
Exceptions. The disclosure required by this Section need not be made:
1. 
In advertising by billboard, radio, television or newspaper;
2. 
By a person presently owning or leasing and who has never owned or leased within the subdivision or development more than the single unit which is proposed to be sold, leased, subleased or rented.
H. 
Pre-Approval Of Modified Disclosure.
1. 
Any proposed modification of the language of the required disclosure shall be submitted to the Community Development Director for approval prior to use.
2. 
The Community Development Director shall approve any modification which is factually accurate and serves to inform a prospective purchaser or tenant at least as well as the language set forth above.
3. 
Any approved modification of the required disclosure may be used in lieu of the above language so long as the same is factually accurate.
[R.O. 2013 §410.230; Ord. No. 1463 §1, 6-21-1999]
A. 
Sidewalk Requirements. Sidewalks shall be required on both sides of all streets.
1. 
Residential sidewalks shall be of concrete five (5) feet wide and four (4) inches thick, except in driveways where a six (6) inch thickness shall be required.
2. 
Non-residential sidewalks shall be of concrete five (5) feet wide and four (4) inches thick, except a greater width may be recommended by the Community Development Director. Sidewalks through driveways shall be required to be seven (7) inches in thickness.
3. 
Where sidewalks are located adjacent to a vertical curb within a street intersection, wheelchair ramps will be required in conformance with Section 71.365, RSMo.
4. 
Where sidewalks are to be located adjacent to a roadway under the jurisdiction of the Missouri Department of Transportation, the Community Development Director may require the sidewalks to be placed in a public easement outside of the State right-of-way. Maintenance of walks along State rights-of-way shall be the responsibility of the property owners or the trustees of the subdivision.
B. 
Sidewalk Variance Procedure. A petitioner may apply to the Community Development Director for deletion of sidewalks, including submittal of an alternate sidewalk plan, through the utilization of the variance procedure in accord with this Chapter. The Community Development Director may grant a variance in the following cases:
1. 
Where sidewalks are not deemed necessary for the public safety or where topographical or other conditions make their installation and use impractical.
2. 
Where tracts of land are created having at least three hundred (300) feet of frontage which could be resubdivided into smaller lots at a future time.
3. 
Where the subdivision designer has submitted for review a proposed sidewalk plan that provides for more direct and safer movement of pedestrian traffic.
4. 
Where justifiable conditions can be shown that the strict application of the requirements contained in this Section would impose practical difficulties or particular hardship, or cause additional walks that would not be in the public interest, and public safety could be adequately accommodated without the sidewalks.
[R.O. 2013 §410.240; Ord. No. 1463 §1, 6-21-1999]
An approved public water supply shall be made available to each lot within the subdivided area. The developer shall install fire hydrants as determined by the appropriate fire protection district in accordance with the requirements of the Insurance Office of Missouri.
[R.O. 2013 §410.250; Ord. No. 1463 §1, 6-21-1999]
A. 
Storm drainage improvements consisting of storm sewer systems or open channels shall adequately drain the areas being developed. No change in watersheds shall be permitted. All storm water shall be discharged at an adequate natural discharge point.
B. 
The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form part of an integrated system.
C. 
Storm drainage facilities located within subdivided lots and common land areas shall be the maintenance responsibility of the abutting property owners or subdivision trustees.
D. 
Adequate provisions shall be made for this disposal of storm water in accordance with the specifications and standards of the Metropolitan St. Louis Sewer District where applicable, or any other legally constituted districts, and the Community Development Director.
E. 
Erosion and siltation control devices shall be required as directed by the Community Development Director.
[R.O. 2013 §410.260; Ord. No. 1463 §1, 6-21-1999]
A. 
Where an approved publicly or privately owned sanitary sewer system is located within two hundred (200) feet and reasonably accessible and meets the requirements of the Missouri Community Development Director of Public Works of Natural Resources and the Community Development Director, the developer shall connect with such sanitary sewer and provide an adequate service connection to each lot. Sewer connections and subdivision sewer systems shall comply with the regulations of the Missouri Department of Natural Resources, Metropolitan St. Louis Sewer District (MSD) within its limits, and the Community Development Director and shall be constructed under the observation and inspection of MSD when within its limits, or the Community Development Director, where applicable, and shall be approved by same, or a privately owned sewer company when applicable.
B. 
Where an approved publicly or privately owned sanitary sewer is not reasonably accessible, but where plans for installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved by the Missouri Department of Natural Resources and the Community Development Director, and MSD within its boundary limits, the developer shall install sewers in conformity with such plans, although a connection to an existing main may not be immediately practicable. In such cases, and until a connection is made with an approved publicly or privately owned sewer system, the use of a sewage treatment facility will be permitted, provided such disposal facilities are constructed in accordance with the regulations and requirements of the Missouri Department of Natural Resources and the zoning ordinance and constructed under the observation and inspection of MSD, when within its limits, or the Community Development Director.
C. 
Where no sewers are accessible and no plans for same have been prepared, the developer shall install sewer lines and a disposal system in accordance with the requirements of the preceding paragraph. A developer may install an individual sewage disposal system for each lot, if the following criteria are met:
1. 
If the lots have been created after the adoption of this Chapter (June 21, 1999), they must have MSD approval when within its limits;
2. 
The lots must have a minimum width of one hundred (100) feet and contain a minimum area of thirty thousand (30,000) square feet when no public water system is available; twenty thousand (20,000) square feet where public water is available;
3. 
The individual sewage disposal system shall comply with the regulations and requirements of the Missouri Department of Natural Resources;
4. 
Each disposal system shall be constructed under the observation and inspection and approval by the Community Development Director and by MSD when within its operating limits.
D. 
In no event shall any residence or non-residential improvements be occupied, nor shall an occupancy permit be issued by the Community Development Director, until such residence or non-residential improvements are connected to sanitary sewage facilities conforming to this Section and all other governing ordinances and laws.
[R.O. 2013 §410.270; Ord. No. 1463 §1, 6-21-1999]
A. 
Reflectorized street signs bearing the name of the street, as designated on the record plat, shall be placed at all street intersections.
B. 
The Community Development Director shall approve the location and inspect the installation of street name signs in all subdivisions.
C. 
The size, height and type of sign shall be in accordance with the specifications of the Community Development Director.
D. 
Street signs shall be required at each intersection of a designated roadway with an existing or proposed publicly maintained street.
[R.O. 2013 §410.280; Ord. No. 1463 §1, 6-21-1999]
A. 
Street Lighting Plan Submission And Review. The developer shall submit for review and approval such number of copies as requested by the Community Development Director of the approved preliminary plat indicating the location of light standards in compliance with the following.
B. 
Illumination Standards. Each lighting source shall have a height of not less than sixteen (16) feet above grade and shall have a minimum standard sixty-eight hundred (6,800) lumen output. Maximum initial illumination level five (5) feet from the base of the light source shall be no greater than three (3.0) foot-candles.
1. 
Residential subdivision. The maximum distance between light standards shall be two hundred fifty (250) feet.
2. 
Non-residential subdivision. The maximum distance between street lights shall be two hundred fifty (250) feet.
3. 
In a non-residential subdivision, single-family residential subdivision or multiple-family subdivision street lights shall be provided at each intersection of a street within the subdivision, on street frontage between intersections, at each intersection of a street with a pedestrian way, at each circular turnaround, and within parking lot areas to comply with the provisions and regulations described herein. A street light shall also be provided at each intersection of a street within a subdivision.
4. 
Lighting shall be designed and maintained to avoid unnecessary illumination of residential interiors.
C. 
Energy Source. All energy sources supplying illumination shall be buried a minimum of eighteen (18) inches below grade. All piping and wiring to illumination sources shall be contained within the light standards or pole structure.
1. 
All electric lighting shall be controlled automatically by programmed time devices, photo electric cells, or the like. Street and residential lighting shall be on from dusk to dawn.
D. 
Location. Light standards shall not be located within three (3) feet of the street pavement. Where sidewalks are required, street light standards shall be located between the sidewalk and street pavement. Variation to this Section may be approved by the Community Development Director.
E. 
Maintenance And Operation. The developer shall submit to the Community Development Director a maintenance agreement, a trust indenture, or other similar instrument setting forth the person, corporation, trustees, or other agency responsible for the assessment as well as the collection of the monies necessary for the operation of the lighting system within the subdivision.
F. 
Installation. All lighting shall be installed and maintained in accordance with the approved lighting plan.
[R.O. 2013 §410.290; Ord. No. 1463 §1, 6-21-1999]
All electric and telephone distribution lines shall be installed underground, except those overhead distribution feeder lines necessary to serve that subdivision and in locations as approved by the Community Development Director. Cable switching enclosures, pad-mounted transformers, and service pedestals may also be installed aboveground and may be installed as a part of the street lighting standards where approved by the Community Development Director. The Community Development Director may approve aboveground installations in whole or part for non-residential subdivisions only when a request is submitted by the developer with documentation that supports the impractibility of installing such utility lines below grade.
[R.O. 2013 §410.300; Ord. No. 1463 §1, 6-21-1999]
A. 
A subdivision landscape plan, excluding that portion of individual residential lots behind the building line, shall be submitted for review to the Community Development Director prior to submitting the proposed record plat. This plan shall contain types, sizes and locations of all proposed and existing plantings. The developer shall guarantee the installation of additional landscaping as shown on the approved landscaping plan by escrow agreement or land subdivision bond.
B. 
Required Street Trees. For all single-family residential subdivisions there shall be a minimum of two (2) trees for every lot; in cases of lots having frontage of more than one (1) street (e.g. corner lots) there shall be a minimum of two (2) trees for each street on which the lot has frontage. For common land, multiple-family residential subdivisions, and non-residential subdivisions there shall be a minimum ratio of two (2) trees for every fifty (50) feet of street frontage. Trees shall be deciduous. Each tree shall be at least three (3) inches in caliper. A maximum of forty percent (40%) of one (1) species may be utilized to meet planting requirements within each plat of a subdivision.
C. 
Landscaping In Non-Residential Subdivision.
1. 
In non-residential subdivisions there shall be a minimum ratio of two (2) trees for every fifty (50) feet of street frontage.
2. 
In lieu of planting street trees as required in this Chapter, the developer may submit to the Community Development Director, for review and approval, an overall tree and shrub landscaping design plan for the subdivision. Such a plan may be submitted for implementation on a lot-by-lot basis, in which case the developer shall guarantee by escrow agreement or land subdivision bond the installation of landscaping as shown on the approved landscaping plan.
3. 
Whenever a non-residential subdivision abuts a residential subdivision, a permanently landscaped buffer strip twenty (20) feet in width shall be provided. Up to ten (10) feet of this required buffer strip may be satisfied by landscaping on the abutting property if provided.
4. 
A minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required at all minor street intersections in a non-residential subdivision, except tracts developed in an industrial zoning district, which shall require a minimum radius of forty-five (45) feet at all minor street intersections. Intersections of major and collector streets shall require intersection geometrics as directed by the Community Development Director and traffic.
D. 
Location. Trees as required to meet this Section shall be located in front of the building line but shall not be located within a street right-of-way unless so approved by variance pursuant to this Chapter. Location of new street trees shall not be allowed within the following areas:
1. 
Street trees shall not be planted closer than three (3) feet to any curb.
2. 
Street trees when located within the street right-of-way line by variance shall not be placed within twenty-five (25) feet of street lights.
3. 
At street intersections, no street tree shall be placed within the triangular area bounded by the pavement lines and a line connecting the two (2) points of the edge of the street pavement fifty-four (54) feet from the point of intersection of the projected lines of the street pavements.
4. 
Street trees shall not be planted within ten (10) feet of street inlets or manholes.
5. 
All hardwood trees must be an acceptable species. A list containing acceptable species shall be maintained by the Community Development Director.
6. 
In lieu of the planting of street trees as required by this Section, the developer may submit to the Community Development Director for review and approval an alternate landscape plan. This plan shall provide for trees appropriate in number and species for the area in front of the building line.
7. 
Structures or planting proposed at the subdivision entrance shall be approved by the Community Development Director.
8. 
The Community Development Director shall require sodding or other means of ground cover appropriate to insure erosion control.
9. 
The Community Development Director shall require the clearing of underbrush and may require sodding, seeding, and other landscaping improvements in common land where land has been altered.
[R.O. 2013 §410.310; Ord. No. 1463 §1, 6-21-1999]
A. 
Guarantee The Completion Of Improvements. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements and creation of a maintenance guarantee for public streets. The developer shall either:
1. 
Complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agency and create the required public street maintenance guarantee; or
2. 
Deposit cash or an irrevocable letter of credit under a deposit agreement with Valley Park, or post a land subdivision bond to guarantee the construction, completion and installation of the improvements shown on the approved improvement plans within the improvement completion period approved by the Community Development Director, which shall not exceed three (3) years.
3. 
For plats approved after the effective date of this Chapter, no guarantee or deposit is required with the City for sanitary and storm sewers within the jurisdiction of MSD if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow or renewal, extension or replacement thereof.
B. 
Deposit Agreement. Deposit agreements shall provide that there shall be deposited with the Community Development Director:
1. 
A cash amount not less than the Community Development Director's estimate of the cost of the construction, completion and installation of the improvements indicated on approved improvement plans; or
2. 
An irrevocable letter of credit, approved by the City Attorney, payable at a local financial institution, in an amount not less than the Community Development Director's estimate of the cost of the construction completion and installation of the improvements indicated on the approved improvement plans, with a final expiration date of not less than six (6) months after the initial period allowed for completion of subdivision improvements, drawn in favor of the City of Valley Park and guaranteeing to the City of Valley Park the availability, from time to time upon demand, the balance under the deposit agreement and letter of credit not theretofore released.
C. 
Deposit Agreement.
1. 
The land subdivision bond shall be approved by the Community Development Director and the City Attorney prior to being sent to the Board of Aldermen for approval and shall be issued by a surety company qualified to do business in Missouri and shall insure or guarantee, to the extent of the Community Development Director's estimate of the cost thereof, the construction, completion and installation of the improvements indicated on the approved improvement plans and creation of the public streets and related storm water facilities maintenance guarantee as specified in herein.
2. 
The deposit agreement shall be held by the City of Valley Park and remain in effect until such time as the Community Development Director shall release the cash, reduce the obligation secured under the letter of credit, or release the bond. Such releases or reductions may be in part and may occur from time to time as work on constructing improvements is performed, provided however, that:
3. 
The Community Development Director shall release the cash or reduce the letter of credit obligation or release the surety from all or any part of its obligation only after construction, completion and installation of some phase of work on the improvements indicated on the approved improvement plans, receipt of requisite written notification from the appropriate inspecting public authority, and approval by the Community Development Director. In order to accommodate the development process while protecting the public from deficient and uncompleted improvements, Valley Park will accomplish releases within thirty (30) days of written request to approve improvements when practicable. Such a written request shall be in such form as required by the Community Development Director and shall not be made until the improvements are susceptible of inspection and approval in accordance with standards established by the Community Development Director (i.e., concrete work has reached final cure, street lights have been activated, etc.). In any instance where more than thirty (30) days elapses from receipt of a written request from a developer for inspection until either release or report to the developer of defects or deficiencies, the Community Development Director shall promptly convene an interdepartmental task force representing the Community Development Director and the City Attorney to review the City's failure to respond in such time. The task force may direct release if it finds that failure to respond was unjustified and that the public interest will not be materially harmed by such release, subject to the approval of the Board of Aldermen. The Community Development Director shall report the actions of the task force in writing to the Board of Aldermen each quarter; and
4. 
If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the Community Development Director may extend the improvement completion period for a period of up to two (2) years if after review by the Community Development Director such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities or requirements so long as all guarantees are extended and approved by the City Attorney; and
5. 
The Community Development Director shall not release more than ninety percent (90%) of the sum estimated for the construction cost of public streets and related storm water facilities. The developer continues to be responsible for defects, deficiencies and damage to public streets and related storm water improvements during development. Upon acceptance of the public streets and related storm water facilities for City maintenance, the remaining ten percent (10%) of the original construction cost estimate therefor shall be transferred from the deposit account to a special transit account and shall be subject to the order of the Community Development Director to defray or reimburse any cost to the City of maintenance or repair of public streets and related storm water facilities related to the subdivision which the developer fails or refuses to perform. Funds shall be so held until such time as the development is complete, as determined by the Community Development Director. Street and related storm water improvement funds relating to streets which were constructed to the new standards adopted by the Community Development Director after the adoption of this Chapter shall be held until the earlier of completion of development, as determined by the Community Development Director, or one (1) year after acceptance. Funds shall then be released if there are no defects or deficiencies found on inspection thereof, or at such time thereafter as any defects or deficiencies are cured with the permission of, and within the time allowed by, the Community Development Director. At the election of the developer, the cash deposit may be replaced with a letter of credit approved by the City Attorney in the same amount.
D. 
Release Of Obligations. The obligation of the developer to construct, complete and install the improvements indicated on the approved improvement plans and provide for street maintenance shall not cease until the developer shall be finally released by the Community Development Director, subject to approval by the Board of Aldermen. If, after the initial improvement completion period, or after a later period as extended pursuant to this Section, the improvements indicated on the approved improvement plans are not constructed, completed, installed and accepted, or if the developer shall violate any provision of the deposit agreement as determined by the Community Development Director, the Community Development Director shall notify the developer and surety or letter of credit provider to show cause within not less than ten (10) days why the developer should not be declared in default. If the developer or surety or letter of credit provider fails to cure any default or present compelling reason why no default should be declared, the Community Development Director shall declare the developer in default and may take any one (1) or more of the following acts:
1. 
Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be then placed in an appropriate trust and agency account subject to the order of the Community Development Director after consultation with the City Attorney for such purposes as letting contracts to bring about the completion of the improvements indicated on the approved improvement plans or other appropriate purposes in the interest of the public safety, health and welfare; or
2. 
Require the surety to perform on the bond and pay to the City of Valley Park the balance of the bond not theretofore released; or
3. 
Require the developer to submit an additional cash sum or letter of credit sufficient to guarantee the completion of the improvements indicated on the approved improvement plans after recalculation in order to allow for any inflated or increased costs of constructing improvements.
E. 
Forfeiture. If the surety fails to comply with the Community Development Director's requirements above, or if the Community Development Director determines that forfeiture of the remaining deposit or surety balance will not allow completion of the required improvements and if the developer fails to comply with the Community Development Director's requirements, the Community Development Director may after consultation with the City Attorney:
1. 
Suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Subsection, the "undeveloped portion of the subdivision" means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The Community Development Director shall give the developer ten (10) days' written notice of an order under this Subsection with copies to all issuers of letters of credit or sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the Community Development Director is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Community Development Director shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the letter of credit or surety, as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the Community Development Director at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Community Development Director.
2. 
If said notice is for a subdivision: This subdivision, (name of subdivision), has been declared in default by the Valley Park Community Development Director. No development, construction, building or demolition in any manner shall take place within the limits of this subdivision until such time as the Valley Park Community Development Director removes this prohibition. Any development, construction, building or demolition in any manner while this prohibition is in effect is illegal and shall be enforced pursuant to Valley Park ordinances.
3. 
If said notice is for a lot: This lot, (lot number), has been declared in default by the Valley Park Community Development Director. No development, construction, building or demolition in any manner shall take place within the limits of this lot until such time as the Valley Park Community Development Director removes this prohibition. Any development, construction, building or demolition in any manner while this prohibition is in effect is illegal and shall be enforced pursuant to Valley Park ordinances. The Community Development Director shall not thereafter authorize construction to take place contrary to the Community Development Director's order. The suspension shall be rescinded in whole or in part only when the Community Development Director is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision and a guarantee of public street maintenance provided; or
4. 
Suspend the rights of the developer, or any related entity, to construct structures in any development platted after the effective date of such suspension throughout unincorporated Valley Park and such incorporated areas as are under Valley Park jurisdiction. The Community Development Director shall give the developer ten (10) days' written notice of an order under this clause, with a copy to issuers of letters of credit or sureties known to the Community Development Director to have obligations outstanding on behalf of the developer or related entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten (10) day period after notice is given, the Community Development Director is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the Community Development Director shall order construction suspended. The order shall be served upon the developer, with a copy to the issuer of the letter of credit or surety as appropriate, and a copy recorded with the Recorder of Deeds. The Community Development Director shall not thereafter authorize construction to take place contrary to the order. The suspension shall be rescinded only when the Community Development Director is convinced that completion of the improvements is adequately assured and public street maintenance assured.
5. 
From and after the effective date of this Chapter if a developer, or any related entity, has a subdivision development improvement guarantee that is in default, as determined by the Community Development Director, including any escrow or bond under any prior version of this Section, the rights of the developer, or any related entity, to receive approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development, shall be suspended. The suspension shall be rescinded only when the Community Development Director is convinced that completion of the improvements is adequately assured and public street maintenance assured.
6. 
If the surety fails to perform on the bond or any other party fails to comply with any provision of this Section, the Community Development Director may recommend that the Valley Park City Attorney take appropriate legal action.
7. 
Shall any financial institution be eligible to provide a letter of credit, unless approved in advance by the Community Development Director and the City Attorney on such terms and criteria as may be established by the City Auditor and the City Attorney.
8. 
For purposes of this Section, "related entity" has the following meaning: a developer is a "related entity" of another person
a. 
If either has a principal or controlling interest in the other; or
b. 
If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other.
F. 
Transition. Escrow agreements approved and provided under prior versions of this Section shall continue to be enforceable in accordance with their terms and the provisions of the ordinance in effect at the time of their approval and shall in addition be subject to the remedies provided in this Section.
1. 
Escrow agreements approved and provided under prior versions of this Section under which the original term for completion of improvements has not lapsed may be submitted to the Community Development Director for extension or replacement in accordance with the terms of the ordinance in effect at the time of their original approval provided that such an extended or replacement escrow may only be held by a financial institution approved by the City.
[R.O. 2013 §410.320; Ord. No. 1463 §1, 6-21-1999]
A. 
Procedure.
1. 
A boundary adjustment may be accomplished by plat or by deed, but must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
2. 
The boundary adjustment plat or deed shall be submitted to the Community Development Director for review and approval prior to recording of said document with the Recorder of Deeds of St. Louis County.
3. 
Processing fees as prescribed in this Chapter shall be filed in conjunction with any boundary adjustment plat or deed.
B. 
Lots In Non-Compliance. Boundary adjustments shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements as of the effective date of this Chapter, provided that the resulting adjustment of lot lines does not further the degree of non-compliance with the zoning regulations in effect at the time of the creation of said lots.
[R.O. 2013 §410.330; Ord. No. 1463 §1, 6-21-1999]
A. 
Filing Fee. There shall be a three hundred dollar ($300.00) filing fee accompanying the submission of a proposed preliminary plat, except where previously reviewed under the special procedure Section of the zoning ordinance, in which case there shall be no fee. Credit shall be given to the developer for fifty percent (50%) of the filing fee at the time of submission of a proposed record plat. There shall be a fifty dollar ($50.00) filing fee for a minor subdivision plat, condominium plat, boundary adjustment, or lot split approval.
B. 
Subdivision Permit Fees.
1. 
There shall be a twenty-five dollar ($25.00) per lot subdivision permit fee accompanying the submission of a proposed residential record plat.
2. 
There shall be a ten dollar ($10.00) per dwelling unit subdivision permit fee accompanying the submission of a proposed record plat for multiple-family dwelling unit subdivision.
3. 
There shall be a subdivision permit fee accompanying the submission of a proposed record plat for a non-residential subdivision. The fee shall be one hundred dollars ($100.00) per acre.
C. 
Inspection Fees. The Community Development Director shall collect inspection fees at the rate of eighty dollars ($80.00) per hour, based upon the Community Development Directors estimate of time required to inspect storm sewers, sanitary sewers, streets and other structures. The Community Development Director shall be entitled to full compensation for the time consumed in making such inspections. If the estimated fee is inadequate, the necessary additional fees shall be collected by the Community Development Director upon notice from the Community Development Director.
1. 
In addition to all fees provided for herein, the developer shall pay for and arrange for inspections by the Community Development Director as may be required by other ordinances and regulations of the City of Valley Park.
2. 
There shall be an eighty dollar ($80.00) per hour review fee accompanying an application for variance to this Chapter.
[R.O. 2013 §410.340; Ord. No. 1463 §1, 6-21-1999]
A. 
Grounds. The Community Development Director may modify or authorize a variance to all provisions of this Chapter, when the following circumstances apply:
1. 
The tract to be subdivided is of such unusual size or shape or is surrounded by such development, or contains such topographic conditions or characteristics, or is intended for the construction of improvements of such unusual design or arrangement that the strict application of requirements in this Chapter would impose practical difficulties or particular hardship.
2. 
Criteria for variances established elsewhere in this Chapter for a specific requirement have been met.
3. 
The granting of a variance will not be detrimental to the public interest.
4. 
In granting variances the Community Development Director may require such conditions which in his/her judgment secure the objectives of this Chapter.
B. 
Application For Variance. Shall be made in writing and state fully and clearly all facts necessary to support the request. All requests shall be accompanied by a processing fee established above. Said application shall be supplemented with maps, plans or additional data which may aid in the complete analysis of the request.
1. 
The Community Development Director shall make a decision regarding the variance request or request additional information, and the petitioner shall be notified in writing of the decision of the Community Development Director.
[R.O. 2013 §410.350; Ord. No. 1463 §1, 6-21-1999]
Upon the denial of an application for a variance by the Community Development Director, petitioner may file a formal appeal upon payment of an additional variance fee to the Planning Commission requesting a formal determination from the Planning Commission. The Planning Commission may affirm, reverse or modify, in whole or in part, any determination by the Community Development Director.
[R.O. 2013 §410.360; Ord. No. 1463 §1, 6-21-1999]
The Community Development Director may adopt, amend and publish rules and instructions within the intent of this Chapter for the administration of this Chapter, subject to approval of the Board of Aldermen.
[R.O. 2013 §410.370; Ord. No. 1463 §1, 6-21-1999]
A. 
No property description of any subdivision within the jurisdiction of this Chapter shall be entitled to be recorded in the County office of the Recorder of Deeds or have any validity until it has been approved in a manner prescribed herein. In the event any such unapproved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid.
B. 
Any person, firm, association or corporation violating any provisions of this Chapter, or any employee, assistant, agent, or any other person participating or taking any part in, joining or aiding in a violation of any provision of this Chapter may be prosecuted as provided by law for the violation of ordinances of the City of Valley Park and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) for any one (1) offense or imprisonment in the County Jail for not more than six (6) months, or both such fine and imprisonment. Each day a violation continues after service of written notice to abate said violation shall constitute a separate offense, but no notice to abate is a prerequisite to prosecution of any single violation. Each separate instance of violation of this Chapter shall constitute a separate offense.
C. 
In addition to the penalties hereinabove authorized and established, the City Attorney may take such other actions at law or in equity as may be required to halt, terminate, remove or otherwise eliminate any violation of this Chapter.