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1999 superseded this chapter and adopted the new provisions set out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:
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.
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.
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.
The Board of Aldermen of the City of Valley Park, Missouri.
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.
The Planning Commission of the City of Valley Park.
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.
The agent of the City of Valley Park having primary responsibilities
for enforcement of this Chapter.
A form of property ownership under the Condominium Property
Act, Chapter 448, RSMo.
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.
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
The temporary storage of the differential runoff of storm
water by providing permanent facilities such as dry reservoirs, ponds,
or other acceptable alternatives.
That person, firm or corporation by whom a tract will be
subdivided and improved pursuant to the requirements of this Chapter.
Any change of land use or improvement on any parcel of land.
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.
A man-made structure or natural watercourse for the conveyance
of storm runoff. Examples are channels, pipes, ditches, swales, catch
basins and street gutters.
A grant by a property owner to the City, County, State or
Federal Government for the purpose of road improvement and widening,
road maintenance, sidewalks, public or private utilities and sewers.
A grant by a property owner to the City for the purpose of
road maintenance, improvement and widening.
A grant by a property owner to the City, County or MSD for
the purpose of storm water control.
A grant by a property owner to the City, County or MSD providing
access to storm water control facilities for maintenance purposes.
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.
A professional engineer registered in the State of Missouri.
A title company, bank, savings and loan association, trust
company, attorney, or any other person or agency approved by the City
Attorney to act as escrow agent under the provisions of this Chapter.
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.
That edge of a lot bordering a street.
A plan or any portion thereof for the coordinated development
of the City of Valley Park adopted by the Board of Aldermen.
See Street.
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.
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.
Any activity including mechanized clearing which removes
the vegetative ground cover.
A permit issued by the City of Valley Park that authorizes
the commencement of land disturbance activities.
A land surveyor registered in the State of Missouri.
A parcel of land created under the provisions of this Chapter
intended to be separately owned, developed, or otherwise used as a
unit.
The total horizontal surface area within the boundaries of
a lot exclusive of any area designated for street purposes.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A permanent marker to be made of materials and placed by
a land surveyor at locations specified in this Chapter.
The Metropolitan St. Louis Sewer District.
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.
The maximum rate at which storm water travels across the
surface of the ground.
An easement or right-of-way designated to facilitate pedestrian
access to adjacent streets and properties.
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.
Any drainage facility which serves more than one (1) property
and collects or transports runoff from off-site.
A strip of land reserved or acquired by dedication, prescription,
condemnation, gift, purchase, eminent domain or any other legal means
occupied or intended to be occupied by a street, sidewalk, railroad,
utility, sewer, or other similar use.
See "STREET".
See "BUILDING LINE".
The installation of such devices as sediment ponds, bales
of straw, fencing, siltation webbing, sodding, seeding and mulching,
or other devices to prevent silting of abutting properties and roadways
during the period of construction and up to and including such time
as permanent ground cover is attained.
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.
The rate of deviation of the ground surface from the horizontal
as expressed in percentages.
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".
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.
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.
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.
A short, independent, minor street terminating in a circular
turnaround.
A minor street generally parallel to and adjacent to arterial
streets and highways, which provides access to abutting properties
and protection from through traffic.
A short, independent street which usually terminates along
the same collector street of its origin.
A street utilized for high vehicular speeds or for heavy
volumes of traffic on a continuous route.
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.
A private way or driveway which affords a means of vehicular
access to parking areas and bays and to abutting buildings in a multiple-dwelling
unit subdivision.
A private way which affords the principal means of vehicular
access to abutting property.
Either a division or redivision of a tract of land into more
than one (1) lot, plat.
Any classification of a subdivision wherein the division
or redivision of land meets the criteria set forth in this Chapter.
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.
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.
Either a division or redivision of a tract of land into more
than one (1) lot, plat or site for single-family residential purposes.
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.
A wide shallow ditch used to carry storm runoff.
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.
Top organic layer of the soil profile.
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.
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.
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.
Land or property having little or no "impervious surface".
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.
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:
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:
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.
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:
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
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.
