HomeMy Public PortalAboutCity of Ellisville SPONSORED BY: MAYOR PAUL BILL NO. 3393
INTRODUCED BY: MAYOR PAUL ORDINANCE NO. 3187
AN ORDINANCE AMENDING TITLE IV, LAND USE, OF THE
MUNICIPAL CODE OF THE CITY OF ELLISVILLE BY AMENDING
CHAPTER 405 SUBDIVISIONS,AS PROVIDED HEREIN.
WHEREAS, the Council finds it necessary to make amendments to the Land Use Code
in an effort address issues with the existing Subdivision Code and update the existing regulations
to current standards; and
WHEREAS, a public hearing was held by the Planning and Zoning Commission of the
City of Ellisville on September 10, 2014 pursuant to legal notices and Title IV, Land Use, of the
Municipal Code of the City of Ellisville, to amend said Land Use Regulations; and
WHEREAS, a public hearing was held by the Council of the City of Ellisville on
November 5, 2014, pursuant to legal notices and Title IV, Land Use, of the Municipal Code of
the City of Ellisville, to amend said Land Use Regulations; and
WHEREAS, all persons present at such hearing were given an opportunity to be heard
and were heard; and
WHEREAS, a copy of the proposed Ordinance was made available for public inspection
prior to its consideration by the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ELLISVILLE, ST. LOUIS COUNTY, MISSOURI,AS FOLLOWS:
SECTION 1: Title IV, Land Use, Chapter 405, Subdivisions, is hereby amended by
adopting revisions to Chapter 405: Subdivisions, as set forth in "Exhibit A", which is attached
hereto and made a part hereof, as if fully set forth herein.
SECTION 2: All other Sections and Subsections of Chapter 400, Land Use, of the
Municipal Code of the City of Ellisville shall remain in full force and effect.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and approval by the Council.
This Bill No. 3393 having been read by title or in full two times prior to passage, and
having been duly considered and voted upon was finally passed and approved this 5th day of
November , 2014.
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BILL NO. 3393 ORDINANCE NO. 3187
First Reading votes: Second Reading votes:
DATE: 11/05/2014 DATE: 11/05/2014
AYE NAY ABSTAIN AYE NAY ABSTAIN
PIRRELLO X X
VOSS X X
REEL Absent Absent
CAHILL X X
ACUP X X
POOL X X
PAUL X X
-7
ATTEST: CI
OF LISVILLE
OJt-J-
I Y AM PAUL
Approved as to legal content and form:
Attorney
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BILL NO. 3393 ORDINANCE NO. 3187
EXHIBIT A
CHAPTER 405: SUBDIVISIONS
Cross References—Planning and zoning commission, §400.010; board of adjustment, §400.020;
public hearings, §§400.050 et seq.; building codes and building regulations, ch. 500; cable
communications, ch. 620; environmental reports, ch. 415; housing standards, ch. 505;parks
and recreation, ch. 235; signs and advertising devices, ch. 410; streets, sidewalks and other
public places, ch. 510; traffic and motor vehicles, Title III;zoning, ch. 400.
State Law References—Zoning and planning, ch. 89, RSMo.; subdivisions, §§89.400 et seq.,
RSMo.
ARTICLE I. GENERAL PROVISIONS
PURPOSE. It is the purpose of this Chapter to provide for the orderly and efficient development
of the City of Ellisville by providing rules, regulations and standards to guide the division and
consolidation of land, as well as the development and use of streets and other public
improvements within the City of Ellisville, Missouri. This ordinance is to be administered in a
manner that will ensure the safe and orderly growth and development of the community, the
conservation of greenspace, water quality,protection and proper use of land in accordance with
the Ellisville Comprehensive Plan and Land Use Regulations, with adequate provision for
utilities, traffic management, public services and other municipal purposes.
AUTHORITY AND JURISDICTION. The City of Ellisville hereby establishes and adopts
these regulations governing streets and other public improvements, right-of-way dedications and
vacations, condominium or condominium building conversions, boundary adjustments,
subdivisions, and amendments to approved plats pursuant to the authority granted in Chapter 89,
Section 89.410, or as may be amended, of the General Statutes of the State of Missouri. No Plat
or Plat Amendment that includes land within Ellisville may be filed or recorded with the St.
Louis County Recorder of Deeds until it has been submitted to and approved by the City as
specified herein or until the City's approval is entered on the face of the plat. The provisions of
this Chapter shall be the minimum requirements adopted for the protection of the public health,
safety and general welfare.
SECTION 405.030: ENFORCEMENT; PENALTIES FOR VIOLATION. Except in the
case of resubdivision, this Chapter shall not apply to any lot forming a part of a subdivision
recorded in the office of the Recorder of the County prior to the effective date of the ordinance
from which this Chapter was derived. Nor is it intended by this Chapter to repeal, annul or in
any way impair or interfere with existing provisions of other laws or ordinances except those
specifically repealed by, or in conflict with, this Chapter or with private restrictions placed upon
property by deed, covenant or other private agreement or with restrictive covenants running with
the land to which the City is a party. No building permit or repair permits shall be issued for any
structure located on a lot, the plat of which has been prepared after the date of the adoption of
this Subdivision Ordinance, but which has not been approved in accordance with the provisions
contained herein. Additionally, the City of Ellisville shall not permit any public improvements to
be made or any funds to be expended for improvements on any property that has been platted
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after the date of the adoption of this Chapter, unless such condominium or condominium
building conversion, boundary adjustment, subdivision, amendment to approved plat, or street
has been approved in accordance with the provisions contained in this Ordinance.
Where this Chapter imposes a greater restriction upon land than is imposed or required by such
existing provisions of law, ordinance, contract or deed, the provisions of this Chapter shall
control. (R.O. 2005 §23-3; CC 1997 §23-3)
Any person or entity who sells or attempts to sell a lot by metes and bounds or otherwise, or
condominium building or the unit(s)therein, in violation of this Ordinance shall be guilty of a
misdemeanor and may be fined up to $1,000 per day that such violation shall continue.
VARIATIONS AND EXCEPTIONS. The Board of Adjustment shall have authority to vary or
modify the requirements of the subdivision regulations, unless otherwise specified.
SEVERABILITY. If any portion of this Ordinance is adjudged invalid or unconstitutional by a
court of competent jurisdiction, such decision shall apply only to the portion so adjudged and the
remainder of this Ordinance shall be deemed valid and effective.
FEES. At the time an application is filed, the applicant shall pay a fee as required by the fee
schedule approved by the City Council.
ARTICLE II DEFINITIONS
SECTION 405.010: DEFINITIONS
For the purposes of this Chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this Section:
ALLEYS: Minor ways which are used primarily for vehicular service access to the back or
the side of properties otherwise abutting on a street.
BLOCK: The distance as measured along a street between intersecting streets from
centerline to centerline; and where the context requires, it also means the enclosed areas
within the perimeter of the streets or property lines enclosing it.
BOUNDARY ADJUSTMENT: An adjustment of the boundary line(s) of a lot(s), where the
number of lots remains the same (no new lots are being created nor are the number of lots
being reduced). No public improvements, dedications or the establishment of new public or
private streets, alleys, or other thoroughfares, or a change in existing streets may be
involved.
CALIPER: A measurement of the size of a tree equal to the diameter of its trunk
measurement at four and one-half(41/2) feet above natural grade. If a tree splits into two (2)
or more trunks below four and one-half (41/2) feet, then the trunk is measured at its most
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narrow point below the split. For newly planted trees the caliper measurement will be taken
six (6) inches above natural grade.
CANOPY TREE: Large stature at maturity shade tree (Oak, Maple, Ash, Linden, Locust,
etc.), not to include evergreens or decorative small stature flowering trees (Dogwoods, Red
Buds, Crab Apple, etc.).
COLLECTOR STREETS: Those streets which carry traffic from minor streets to the major
system of arterial streets and highways, including the principal entrance streets of a
residential development and streets for circulation within such a development.
CROSSWALK: A right-of-way, dedicated to public use, which cuts across a block to
facilitate pedestrian access to adjacent streets and properties.
CUL-DE-SAC OR DEAD-END STREET: A permanent street terminating at one (1) without
connecting with another street and designed so that it cannot be further extended without
condemnation or taking property not dedicated as a street.
DECIDUOUS: Plants that drop their leaves before becoming dormant in winter; not an
evergreen.
EASEMENT: A grant by the property owner to the public, a corporation or persons, of the
use of a portion of land for specific purposes.
EXCAVATION: Any act by which earth, sand, gravel, rock or any other similar material is
cut into, dug, uncovered, removed, displaced, relocated or bulldozed and shall include the
conditions resulting therefrom.
FILL: Any act by which earth, sand, gravel, rock or any other similar material is deposited,
placed, pushed, pulled or transported to a place other than the place from which it was
excavated and shall include the conditions resulting therefrom.
PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is
presented to the Planning Commission and Council for approval and which, if approved,
will be submitted to the County Recorder for recording.
GRADING: Excavation, fill or land disturbance, or any combination thereof, and shall
include the conditions resulting from any excavation, fill or land disturbance.
LAND DISTURBANCE: Any removal or destruction of trees, ground cover or other
vegetation by means of heavy mechanized equipment (including all equipment weighing in
excess of one thousand five hundred (1,500) pounds) or by any means affecting an area of
five thousand (5,000) square feet or more in a period of one (1) year or less. If construction
activities disturb land or entails the grading or excavation of a surface area of five (5) acres
or greater, a land disturbance permit shall be obtained from the Department of Natural
Resources.
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LOT: The tract within a subdivision marked by the subdivider as a numbered, lettered or
otherwise identified tract to be offered as a unit of land for sale.
LOT CONSOLIDATION: See"SUBDIVISION"
LOT, CORNER: Shall be defined the same as that definition stated in Section 400.090 of
the Municipal Code of Ellisville.
LOT, DOUBLE FRONTAGE: Shall be defined the same as that definition stated in Section
400.090 of the Municipal Code of Ellisville.
LOT, FLAG: Lots which do not meet the minimum frontage requirements at the setback
line and with access provided to the bulk of the property by a corridor less than fifty (50)
feet in width.
LOT, THROUGH: Shall be defined the same as the definition of LOT, DOUBLE
FRONTAGE stated in Section 400.090 of the Municipal Code of Ellisville.
MARGINAL ACCESS STREETS: Minor streets which are parallel to and adjacent to arterial
streets and highways and which provide access to abutting properties and protection from
through traffic.
MASTER PLAN: A comprehensive plan prepared by the Planning Commission which
indicates the general locations recommended for the various functional classes of public
works, places and structures and for the general physical development of the City and
includes any unit or part of such plan separately adopted and any amendment to such plan or
parts thereof.
MINOR STREETS: Those streets which are used primarily for access to the abutting
properties.
OFFICIAL MAP: The map established by the Council showing the streets, highways and
parks heretofore laid out, adopted and established by law and any amendments thereto
adopted by the Council or additions thereto resulting from the approval of subdivision plats
by the Planning Commission and the subsequent filing of such approved plats.
OPEN SPACE: All land and water areas of a site that are not covered by structures,
roadways, driveways, parking areas and loading zones. Buffer zones may be counted as
open space,but buffer zones may not contain above ground structured improvements.
OWNER: Any individual, firm, association, syndicate, co-partnership, corporation, trust or
any other legal entity having sufficient proprietary interest in the land sought to be
subdivided to commence and maintain proceedings to subdivide the same under this
Chapter.
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PLANNING AND ZONING COMMISSION OR COMMISSION: The Planning Commission
for the City.
PRIMARY AND MAJOR STREETS: Those streets which are used primarily for fast or
heavy traffic.
SITE: Any single or contiguous lots, tracts, projects or subdivisions of land owned by a
single person, by several persons acting jointly or a corporation.
SUBDIVIDER: The owner, agent or person having control of such land as the term is used
in this Chapter.
SUBDIVISION: A division or consolidation of land involving: (i) two (2) or more lots,
including the resubdivision of a lot or parcel, (ii) or public improvements; (iii) dedications;
(iv) the establishment of new public or private streets, alleys, or other thoroughfares; (v) a
change in an existing street is involved. Any sale or rental of a division of land by metes
and bounds or lot description shall constitute a subdivision of land and shall require
compliance with this Chapter unless it is a separate parcel of record at the time of the
effective date of this Chapter.
TREE CANOPY COVERAGE: The area in square feet of a tree's spread. Existing tree
canopy is determined by measuring the ground's surface area that is covered by the branch
spread of a single tree or clump or grove of trees.
WOODLANDS, MATURE: An area over five thousand (5,000) square feet of woody plant
material consisting of thirty percent (30%) or more canopy trees having a ten (10) inch or
greater caliper.
WOODLANDS, YOUNG: An area over five thousand (5,000) square feet of woody plant
material consisting of seventy percent (70%) or more canopy trees having a two and one-
half(21/2)inch or greater caliper. (R.O. 2005 §23-1; CC 1997 §23-1)
Cross Reference—Definitions and rules of construction generally, §100.020.
State Law Reference—Subdivision defined, 0'9.300, RSMo.
ARTICLE III. APPLICATION AND APPROVAL PROCEDURES
PRELIMINARY MEETING. Before filing an application for approval of a Plat, the applicant
may, at its election, confer with the Director of Planning and representatives of any other City
departments regarding the proposal. Such action does not require formal application, fees, or
filing of a Plat and is not to be construed as an application for formal approval and shall not be in
lieu of the same. Comments made by staff during such conferences shall not constitute
representations or warranties with respect to any matter discussed and shall not be binding upon
staff members, or members of the Planning and Zoning Commission, or City Council.
STAFF PROCEDURE. All applications for Plat approval shall first be reviewed by staff. The
applicant shall submit as many copies of the Plat and any additional information as determined
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necessary by the Director of Planning..The Director of Planning and other staff, which may
include, but not be limited to, the Director of Public Works, Parks and Recreation, Police, Fire
Marshall, Building Official,Third Party Traffic Consultant, Third Party Landscape Architect,
and the City Manager, shall review the submittal for completeness and compliance with all
applicable requirements, standards, codes and ordinances. This review shall not constitute, or
substitute for, compliance with applicable technical codes and the application and approval
process required for issuance of building and other required permits.
If the submittal is deemed complete and in compliance with all applicable codes and regulations,
then a request shall be made to the applicant submitting the Plat requesting that copies of the Plat
and supporting documents be submitted, which can then be forwarded to the Planning and
Zoning Commission and/or City Council for review and approval. If the Plat is not deemed
complete and/or in compliance with all applicable codes and regulations, then within seven (7)
calendar days of the staff review, a letter shall be forwarded to the applicant submitting the Plat
stating the issues, comments and concerns of the reviewing Departments. Sixty (60) days from
the date on the deficiency letter, a revised Plat addressing the listed comments and concerns must
be submitted for further review. If a revised Plat is not submitted within the said time limit,
review of the Plat will be suspended.
The Director of Planning, or his/her designee, shall forward the Plat to the Planning and Zoning
Commission or City Council, at such time the Plat and application are deemed complete and
satisfactory to the staff. The applicant and staff may confer until the Plat is determined to be
complete and satisfactory. City staff will make every effort to insure the Plat is processed in a
timely manner. However, if staff determines an application to be incomplete, the applicant may
request in writing that the application be forwarded to the Planning and Zoning Commission or
City Council, nonetheless.
The application will then be forwarded to the Planning and Zoning Commission or City Council
for their consideration. No Plat shall be accepted that does not contain all required information
for review.The Plat shall substantially meet all land development standards of this Subdivision
Ordinance and those of any other applicable City regulations.The Director of Planning shall
submit a report to the appropriate reviewing body regarding the proposed Plat.
PLANNING AND ZONING COMMISSION PROCEDURE. If the Plat requires
consideration by the Planning and Zoning Commission, then the following regulations shall
apply. It is necessary that the applicant or applicants' representative be familiar with the Plat and
appear personally at all meetings to answer questions. The Planning and Zoning Commission
may choose to recommend approval of the Plat as submitted, recommend additional conditions
to mitigate possible negative impacts,or recommend denial of the Plat. The Planning and Zoning
Commission shall render a decision on a Plat application within sixty (60) days from the date of
the meeting at which the Planning and Zoning Commission first considers the application. The
Plat shall be deemed to have received a positive recommendation if the Planning and Zoning
Commission fails to render a decision within the said sixty(60) day period. The sixty (60) day
period may be extended through mutual written agreement between the applicant and the City.
The Planning and Zoning Commission shall submit a written recommendation to the City
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Council of its decision. The minutes of the Planning and Zoning Commission shall constitute the
record of the Commission's recommendation and/or findings.
CITY COUNCIL PROCEDURE.After receipt of the Plat for consideration, and a
recommendation from the Planning and Zoning Commission, if applicable, the City Council
shall consider the Plat at an open meeting. It is necessary that the applicant or applicants'
representative be familiar with the Plat and appear personally at all the meetings to answer
questions. The City Council may, at its discretion, add to or delete conditions recommended by
the Planning and Zoning Commission. The City Council may refer the application back to the
Planning and Zoning Commission for further study before making its final decision. The
decision rendered by the City Council shall require a simple majority vote except that a vote of at
least five (5)members of the City Council will be required to approve any application contrary to
the City Planning and Zoning Commission recommendation.
PLAT REQUIREMENTS: The following is a list of documents which are required, as
applicable to the application:
LETTER OF TRANSMITTAL: The letter of transmittal shall be addressed to the City
Council and summarize the entire scope of the project.
PLAT: A Plat must be prepared from an accurate survey, completed and sealed by a
surveyor, registered to practice in the State of Missouri. The plat shall be drawn on one or
more sheets of a maximum dimension of twenty-four inches by thirty-six inches. The
scale of the drawing shall be at a scale of 1"=20' or greater, or other scale if deemed
appropriate by the Director of Planning. In certain instances where the subdivided area is
of unusual size or shape, the Director of Planning may permit a variation of these
dimensional requirements. If multiple sheets are required, then a key map shall be
provided on a Title Sheet showing the entire project at a reduced scale. In addition to the
items required by Chapter 445 RSMo, or any similar statute then in force, the submitted
application shall include the following as deemed necessary by the City Engineer, or the
Planning and Zoning Commission, or the City Council:
1. Subdivision name by title or name, north arrow, scale and date.
2. Names, addresses and telephone numbers of the applicant, owner and engineer.
3. The names and adjoining boundaries of all adjoining subdivisions and the names of
record owners of adjoining lot(s).
4. Existing and proposed future contours with intervals of two feet or less referred to sea
level datum
5. Approximate (to nearest foot)dimensions and area of(a)overall subdivision; (b) each
lot; width, depth, and area; (c)street right-of ways including radii of cul-de-sacs and
curbs; (d) common open space; (e)other land to be dedicated for a public use.
6. Proposed use of each lot and existing and proposed zoning of all property within the
subdivision.
7. Any zoning district or districts that affect the property to be subdivided or adjoining
property.
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8. Location of common open space, parks, and other public or semi-public areas or
facilities.
9. Site drainage system including(a)general surface drainage patterns; (b) drainage
swales, detention storage areas, sewers, culverts, and other improvements proposed to
accommodate storm water and minimize erosion; (c) floodplain definition and effect
of applicable local, state, or federal flood plain standards or regulations.
10. Boundary lines, with dimensions and bearings or angles, which provide an accurate
survey of the tract.
11. Location, dimensions, and purpose of each easement.
12. Identification system for all lots and blocks.
13. Location and purpose for which sites are dedicated or reserved (i.e. residential, park,
open space).
14. Location, type, material and size of all survey monuments and lot markers, including
benchmarks with elevations referenced to mean sea level datum.
15. Location of all utilities, including sanitary sewers, storm sewers, electrical, cable, gas,
water, etc.
16. Location of fire hydrants.
17. All new and existing culverts, and other underground structures within the tract or
immediately adjacent thereto.
18. The location and size of the nearest water main and sewer or outlet are to be indicated
upon the plat.
19. Building setback lines required by the Ellisville Zoning Ordinance, with dimensions.
20. Certificate of the owner creating the subdivision,granting easements with statement
of the use or uses for which granted, establishing building lines, and referring to the
restrictions of all types and trusteeships which will run with the land and become
covenants in the deeds for the lots.
21. Certificates of all owners and holders of the deeds of trust, approving the plat as
prepared and releasing from the lien created by said deeds of trust all land dedicated
to the public use on the plat.
22. Certificate indicating approval of the plat by the City Council of the City of Ellisville,
prepared for execution by the mayor and city clerk over the seal of the City of
Ellisville.
23. Certification by a registered land surveyor or engineer that the plat represents a
survey made by him and that all the necessary survey monuments are correctly shown
thereon, and that the size of each lot is correctly indicated by dimensions and square
feet of area. Impressed thereon, and affixed thereto, shall be the personal seal and
signature of the registered land surveyor or engineer by whom, or under whose
authority and direction, the plat was prepared in conformance with Missouri Revised
Statutes.
24. Certification that real estate taxes are paid shall be furnished in the form of copies of
paid real estate tax bills on the land within the proposed subdivision.
25. Additional information, drawings, plans or documentation may be requested
whenever deemed necessary or appropriate for a full and proper consideration and
disposition of the application.
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CONDOMINIUM DECLARATION REQUIREMENTS. In addition to the
Plat, an applicant will be required to submit a copy of the condominium declaration, if
applicable, which shall contain the following information, as required by Chapter 448 RSMo,
or any similar statute then in force:
1. The name of the condominium, which shall include the word"condominium" or be
followed by the words "a condominium", and the association.
2. A legally sufficient description of the real estate included in the condominium.
3. A statement of the maximum number of units,which the declarant reserves the right
to create.
4. A description of the boundaries of each unit created by the declaration, including each
unit's identifying number.
5. A description of any limited common elements.
6. A description of any real estate, except real estate subject to development rights,
which may be allocated subsequently as limited common elements, together with a
statement that they may be so allocated.
7. A description of any development rights and other special declarant rights reserved by
the declarant, together with a legally sufficient description of the real estate to which
each of those rights applies, and a time limit within which each of those rights shall
be exercised.
8. If any development right may be exercised with respect to different parcels of real
estate at different times, a statement to that effect, together with (a) either a statement
fixing the boundaries of those portions and regulating the order in which those
portions may be subjected to the exercise of each development right, or a statement
that no assurances are made in those regards, and(b)a statement as to whether, if any
development right is exercised in any portion of the real estate subject to that
development right, that development right shall be exercised in all or in any other
portion of the remainder of that real estate.
9. Any other conditions or limitations under which rights may be exercised or will lapse.
10. An allocation to each unit of the allocated interests.
11. Any restrictions on use, occupancy, and alienation of the units.
12. The recording data for recorded easements and licenses appurtenant to or included in
the condominium or to which any portion of the condominium is or may become
subject by virtue of a reservation in the declaration.
13. All matters required under Chapter 448 of the Revised Statutes of Missouri.
14. The declaration may contain any other matters the declarant deems appropriate.
BY-LAWS REQUIREMENTS. In addition to the Plat, an applicant will be
required to submit a copy of any subdivision and/or neighborhood declaration and/or by-
laws, if applicable, which shall contain the following information, as required by Chapter
448 RSMo, or any similar statute then in force:
1. The number of members of the executive board and the titles of the officers of the
association;
2. Election by the executive board of a president, treasurer, secretary, and any other officers
of the association the bylaws specify;
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3. The qualifications,powers and duties, terms of office, and manner of electing and
removing executive board members and officers and filling vacancies;
4. Which, if any, of its powers the executive board or officers may delegate to other persons
or to a managing agent;
5. Which of its officers may prepare, execute, certify, and record amendments to the
declaration on behalf of the association; and
6. The method of amending the by-laws subject to the following:
a. Unless the declarant otherwise agrees in writing to permit an amendment to the
bylaws, for so long as a declarant is the owner of units representing an aggregate of
ten percent or more of the units in which votes in the association are allocated, the
bylaws may only be amended with the affirmative vote of at least sixty-seven percent
of the unit owners of units to which votes in the association are allocated; and
b. After the declarant ceases to own ten percent or more of the units to which votes in
the association are allocated, the by-laws may only be amended with the affirmative
vote of a majority of the unit owners of units to which the votes in the association are
allocated.
7. Subject to the provisions of the declaration, the bylaws may provide for any other matters
the association deems necessary and appropriate.
SUPPORTING TECHNICAL INFORMATION. Additional supporting technical
information will be required, as applicable.
• Flood Plain Analysis.Where a portion of a plat is known or suspected to be flood prone,
and sufficient information is not available, an engineering analysis shall be required.
Such analysis performed by a registered engineer for the applicant shall determine the
100 year flood plain line. Regardless of the method of determination, the 100 year flood
plain line shall be clearly and legibly drawn on the Grading and Excavation Plan.
• Erosion and Storm Water Runoff Control Plan.The Grading and Excavation Plan
shall seek to minimize the amount of grading necessary,protect to the maximum extent
possible the natural features and vegetation on the site, and minimize erosion resulting
from grading activities and enhance water quality. It shall include, in addition to existing
and proposed contours at two foot intervals, engineering calculations of the amount of
soil to be moved, removed or added to the site.The Detailed Storm Drainage Plan shall
incorporate proposed easement location and dimensions, typical sections, and
construction details as necessary.
The Erosion Control Plan shall include details of soil preparation, erosion control and
revegetation or soil stabilization measures to be taken during construction including
construction of berms, diversions or other barriers to siltation, temporary mulching, and
landscape planting.
• Utilities Plan. This plan shall indicate public and private water and sewer facilities, lines,
valves, pumps, fire hydrants, pump stations, and treatment which shall be designed to
conform to the development standards for water and sewer services as adopted by the
water company and the Metropolitan Sewer District.This plan shall also indicate all other
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utilities proposed for installation as part of the Major Subdivision, which may include but
not be limited to, electrical, cable, gas, telecommunication infrastructure, etc.
• Street Tree and Common Area Landscape Plan.A detailed landscape plan shall
indicate proposed new planting and preservation of existing plant material within the
subdivision including the size, type, location, and planting method for all such landscape
material in accordance with accepted landscape architectural procedures and standards.
• Trust Indenture.A copy of any trust indenture proposed for the project (subdivision or
condominium)describing proposed covenants, restrictions and conditions applicable to a
property shall be submitted for review by staff.
• Street Cross-Sections. Typical street cross-sections shall be shown with complete
dimensions and construction information. Street profiles showing existing and proposed
elevations at stations located at fifty foot intervals on the center line and at a point
twenty-five feet from the proposed street right-of-way on a line drawn perpendicular to
each station along the center lines of all roads. These street profiles shall be drawn at a
horizontal and vertical scale of 1" =20' feet or as required by the Director of Public
Works. Such profiles shall be prepared by an engineer licensed and registered to practice
in the State of Missouri.
• Traffic Impact Study. A traffic impact study may be required to assess the potential
impact on traffic resulting from the approval of streets and other public improvements ,
right-of-way dedications and vacations,condominium or condominium building
conversions, boundary adjustments, minor subdivisions, subdivisions, and amendments to
approved plats
CRITERIA. In addition to the Plat Requirements, all Plats must meet the following criteria as
determined by the Planning and Zoning Commission and/or the City Council:
(a) Consistency with the Comprehensive Plan
(b) Compatibility of lot size and density;
(c) Creation of a lot which provides adequate dimensions to construct improvements of
similar size and nature to the surrounding area;
(d) Creation of a lot which is in compliance with the area and frontage requirements(no flag
lots), as specified in the Chapter 400, Zoning Ordinance, and provides for an orderly
pattern of development;
(e) Promotion of a creative approach to the use of land and related physical facilities
resulting in better site layout and development;
(f) Preservation and enhancement of desirable site characteristics such as natural
topography, vegetation and geologic features and the prevention of soil erosion;
(g) Enhancement of water quality;
(h) Elimination of incompatible land configurations;
(i) Consistency with good planning practices;
(j) Compliance with all applicable Codes, Ordinances, and Standards.
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APPEALS. Any party who feels aggrieved by any decision made regarding the approval of a
Plat, may, within fifteen (15) days of the decision for which redress is sought, file directly to the
City Council a written request for reconsideration and appeal. The written request must set forth
in a concise manner the decision being appealed and all grounds known to the appellant as to
wherein and why the decision is allegedly in error. The City Council may consider the appeal on
the record of the prior decision or may, at its sole discretion, receive additional evidence in such
manner, as it deems appropriate in light of the circumstances.
RE-APPLICATION. In the event that the City Council denies a Platapplication, the same
application or substantially similar application will not be accepted for a period of at least one (1)
year from the date of denial by the City Council.
AMENDMENT TO PLAT.
1. If an applicant wishes to amend an approved Plat for the purpose of correcting a scriber's
error, or calculation, the City Engineer is authorized to administratively approve such
amendments if it is determined that the proposed modifications otherwise comply with
applicable City ordinances. The administrative approval authorized hereby shall not
extend to or encompass any amendment that would increase or decrease the number of
lots/units or alter the exterior dimensions of the lots/building.
2. Request for amendments that are deemed by the City Engineer to represent minor
changes to the approved plat may be approved by the Planning and Zoning Commission.
Minor amendments may include any amendment that does not affect the Criteria as listed
in Article III of this Chapter.
TIME LIMIT ON APPROVAL. Plats which have been approved by the City Council must be
filed and recorded with the St. Louis County Recorder of Deeds. The applicant must submit
proof of such filing to the City Clerk within one (1) year from the approval date by the City
Council.
After that time, the applicant shall be required to resubmit the original or a revised Plat for
consideration and approval. The Planning and Zoning Commission and/or City Council may
reject such a re-application in light of new facts and circumstances relating to the context within
which the prior Plat approval was granted.
However, an applicant may request and the City Council may grant an extension to all or part of
a Plat approval. A written request for an extension must be received by the Director of Planning
prior to the expiration of the original one-year period. The request must include the amount of
additional time needed to implement the approval. The applicant shall bear the burden of
providing just cause for delay,proof that the project remains the same, and proof that no
circumstances bearing on the suitability of the project have changed. Approval of a request for an
extension is at the sole discretion of the City Council.
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ARTICLE IV SUBDIVISION PLAT
PURPOSE. The purpose of this Article is to outline and describe the process involved in filing
an application for a Subdivision Plat. The purpose of the Subdivision Plat is to establish a legal
record of the subdivision in accordance with the provisions of this Chapter. A Subdivision Plat is
required for any"Subdivision,"as defined in this Chapter.
APPLICATION FOR SUBDIVISION PLAT APPROVAL. Whenever any
Subdivision Plat is submitted for consideration, and before any permit for the development of or
construction of any improvement on any land in such area shall be granted, the applicant shall
apply for and secure approval of a Subdivision Plat in accordance with the following procedure:
1. STAFF PROCEDURE. All applications for a Subdivision Plat Approval
shall first be reviewed by staff as per the Staff Procedure set forth in Article III of this
Chapter.
2. PLANNING AND ZONING COMMISSION PROCEDURE. The Planning
and Zoning Commission shall hear all applications for Subdivision Plat(s) as per the
Planning and Zoning Commission Procedure set forth in Article III of this Chapter.
3. CITY COUNCIL PROCEDURE.The City Council will consider Subdivision
Plat(s) as per the City Council Procedure set forth in Article III of this Chapter.
ARTICLE V BOUNDARY ADJUSTMENT PLAT
PURPOSE. The purpose of this Article is to outline and describe the process for application,
review and approval of a Boundary Adjustment.The purpose of the Boundary Adjustment Plat is
to establish a legal record in accordance with the provisions of this Chapter. A Boundary
Adjustment Plat is required for any Boundary Adjustment
APPLICATION FOR BOUNDARY ADJUSTMENT PLAT APPROVAL.
Whenever any Boundary Adjustment is proposed, and before any permit for the development of
or construction of any improvement on any land in such area shall be granted, the applicant shall
apply for and secure approval of a Boundary Adjustment Plat in accordance with the following
procedure:
STAFF PROCEDURE. All applications for a Boundary Adjustment Plat Approval
shall first be reviewed by staff as per the Staff Procedure set forth in Article III of this
Chapter.
CITY COUNCIL PROCEDURE- BOUNDARY ADJUSTMENT PLAT
APPROVALS. The City Council will consider boundary adjustment plats as per the
City Council Procedure set forth in Article III of this Chapter.
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ARTICLE VI CONDOMINIUM PLAT
PURPOSE.The purpose of this Article is to outline and describe the process for a
condominium or condominium building conversion declaration and platting. A condominium
declaration and Plat is required for the approval of any condominium Plat. This streamlined
process applies to all applications for condominium consideration or conversion that do not
require any dedications to the City, public improvements, or condominium projects where
improvements have already been approved as part of a separate subdivision or site plan approval.
APPLICATION FOR CONDOMINIUM PLAT APPROVAL. Whenever a
condominium declaration and plat or condominium building conversion is proposed, the
applicant shall apply for and secure approval of a condominium Plat or condominium building
conversion Plat, in accordance with the following procedure.
STAFF PROCEDURE. All applications for a Condominium Plat Approval shall first be
reviewed by staff as per the Staff Procedure set forth in Article III of this Chapter.
Staff will verify that the new development complies with all applicable codes and is being
constructed in accordance to approved plans. Any improvement required as part of new
development shall be previously approved (via approval of a Subdivision Plat or Site Plan)prior
to the submission of an application for a Condominium Plat Approval. Additionally, all
improvements required must be either fully installed or guaranteed by a cash deposit or
construction bond, as per the requirements of this Ordinance.
For owners of existing buildings desiring to convert to condominium ownership, the following
procedure will apply:
Prior to or concurrent with the submittal of an application for Condominium Building
Conversion Plat Approval, the applicant must have the subject building inspected by the
Building Inspector. The Building Inspector shall conduct an inspection to verify that the existing
structure is in compliance with applicable codes and ordinances. If not in compliance, all
violations must be corrected prior to City Council consideration. Compliance with applicable
codes is limited to the same code requirements as those required for an occupancy permit after a
change in occupancy or ownership.
CITY COUNCIL PROCEDURE- CONDOMINIUM AND CONDOMINIUM
BUILDING CONVERSION PLAT APPROVALS. The City Council will consider
condominium plats as per the City Council Procedure set forth in Article III of this Chapter.
ARTICLE VII REQUIRED IMPROVEMENTS
A. Plans for improvements shall be prepared by a registered professional engineer; and the
streets, storm sewers, sidewalks, pedestrian ways (unless waived by the City Engineer) and
sanitary sewers shall be staked by a registered land surveyor.
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• B. 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 to the extent
and in the manner required by Section 405.370 (in the form of a land subdivision bond or an
escrow agreement) in any portion of the area for which a record plat is approved for
recording.
C. Utilities, including water mains, streets, storm and sanitary sewers and sewage treatment
plants, shall be designed and built or guaranteed to the extent and in the manner required by
Section 405.370 (the escrow) to serve the platted area or be designed and built or guaranteed
to the extent and in the manner required by Section 405.370 (the escrow) 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.
D. Acceptance And Final Approval. Before the developer's obligation to Ellisville 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
Ellisville. (R.O. 2005 §23-115; CC 1997 §23-115; Ord. No. 1911 §1, 6-1-94)
SECTION 405.370: IMPROVEMENTS INSTALLED OR GUARANTEED
A. 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:
A.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
A.2. Deposit cash or an irrevocable letter of credit under a deposit agreement with the City
of Ellisville 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 Council, which shall not exceed
three (3) years.
A.3. For plats approved after the effective date of this Section, a guarantee or deposit is
required with the City for sanitary and storm sewers within the jurisdiction of MSD;
however, upon confirmation from MSD that its requirements for assurance of
completion are satisfied, the City may release an amount not to exceed that which is
confirmed as received by MSD. This provision shall not affect the intent or
enforcement of any existing guarantee, escrow or renewal, extension or replacement
thereof.
B. Deposit agreements shall provide that there shall be deposited with the City of Ellisville:
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B.1. A cash amount not less than the Department of Planning and Engineering estimate of
the cost of the construction, completion and installation of the improvements indicated
on approved improvement plans;
B.2. A sight draft irrevocable letter of credit which may be renewable, issued under the
Uniform Customs and Practice for Documentary Credits (1983 Revision) (International
Chamber of Commerce Brochure No. 400), as amended, or as otherwise approved by
the City Attorney payable at a local financial institution in an amount not less than the
department'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 Treasurer of the City of Ellisville and
guaranteeing to the City of Ellisville the availability, from time to time upon demand,
the balance under the deposit agreement and letter of credit not theretofore released.
C. The land subdivision bond shall be approved by the City Engineer and City Attorney and
shall be issued by a surety company qualified to do business in Missouri and shall insure or
guarantee, to the extent of the department'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 Subsection (D)(3) herein.
D. The deposit agreement shall be held by the City and remain in effect until such time as the
City Engineer 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:
D.1. The City Engineer 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 department. In order to
accommodate the development process while protecting the public from deficient and
uncompleted improvements, Ellisville will accomplish releases within thirty (30) days
of written request to approve improvements in accordance with this Section. Such a
written request shall be in such form as required by the City Engineer and shall not be
made until the improvements are susceptible of inspection and approval in accordance
with standards established by the City Engineer (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 City Engineer
shall promptly convene an interdepartmental task force representing the Planning,
Inspection and Engineering Department and the City Counselor 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
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such release. The City Engineer shall report the actions of the task force in writing to
the City Council each quarter.
D.2. If, at the end of the improvement completion period, all the improvements shown on
the approved improvement plans have not been completed, the City Engineer may
extend the improvement completion period for a period of up to two (2) years if after
review by the department 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.
D.3. The City Engineer shall not release more than ninety-five percent (95%) 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 five percent (5%) 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 City Engineer to defray or reimburse any cost to the City of Ellisville
for the 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 City
Engineer. Street and related storm water improvement funds relating to streets shall be
held until the earlier of completion of development, as determined by the City Engineer,
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 City
Engineer. 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.
E. 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 City Engineer. 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 City Engineer, the City Engineer 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 City Engineer shall declare the developer in default and may take
any one (1)or more of the following acts:
E.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 City Engineer for such purposes as letting contracts to bring about the
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completion of the improvements indicated on the approved improvement plans or other
appropriate purposes in the interest of the public safety, health and welfare;
E.2. Require the surety to perform on the bond and pay to the department the balance of the
bond not theretofore released;
E.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
construction improvements.
F. If the surety fails to comply with the City Engineer's requirements under Subsection (E)(2)
above or if the City Engineer determines that forfeiture of the remaining deposit or surety
balance under Subsections (E)(1) or (E)(2) above will not allow completion of the required
improvements and if the developer fails to comply with the City Engineer's requirements
under Subsection (E)(3)above, the City Engineer may:
F.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 City Engineer 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 City Engineer is not convinced
by compelling evidence that completion of the improvements is adequately assured and
maintenance of streets assured as provided herein, the City Engineer 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 City Engineer 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 City Engineer:
F.1.a. If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE ELLISVILLE CITY ENGINEER. NO DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL
TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH
TIME AS THE ELLISVILLE CITY ENGINEER REMOVES THIS
PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR
DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EF'Fh,CT
IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 405,
ELLISVILLE MUNICIPAL CODE.
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BILL NO. 3393 ORDINANCE NO. 3187
F.1.b. If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
ELLISVILLE CITY ENGINEER. NO DEVELOPMENT, CONSTRUCTION,
BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE
WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE
ELLISVILLE CITY ENGINEER 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 CHAPTER 405, ELLISVILLE
MUNICIPAL CODE.
The City Engineer shall not thereafter authorize construction to take place contrary to
the City Engineer's order. The suspension shall be rescinded in whole or in part only
when the City Engineer 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
F.2. 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 Ellisville.
The City Engineer 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 City
Engineer 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 City Engineer is not convinced by
compelling evidence that completion of the improvements is adequately assured and
maintenance of streets assured as provided herein, the City Engineer 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 City Engineer shall not thereafter authorize construction to
take place contrary to the City Engineer's order. The suspension shall be rescinded only
when the City Engineer is convinced that completion of the improvements is adequately
assured and public street maintenance assured.
G. From and after the effective date of this Section, if a developer or any related entity has a
subdivision development improvement guarantee that is in default, as determined by the
City Engineer, including any escrow or bond under any prior version of this Section:
G.1. The City Engineer shall be authorized, but not be limited, to thereafter pursue the
remedies of Subsection(F)of this Section; and
G.2. 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
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the City Engineer is convinced that completion of the improvements is adequately
assured and public street maintenance assured.
H. If the surety fails to perform on the bond or any other party fails to comply with any
provision of this Section, the City Engineer may recommend that the Ellisville City Attorney
take appropriate legal action.
I. No surety shall be eligible to provide the performance bond required herein, nor shall any
financial institution be eligible to provide a letter of credit, unless approved in advance by
the City Engineer and City Attorney on such terms and criteria as may be established by the
Accounting Officer and the City Attorney.
J. For purposes of this Section, "related entity" has the following meaning: a developer is a
"related entity"of another person:
J.1. If either has a principal or controlling interest in the other; or
J.2. If any person, firm, corporation, association, partnership or other entity with a
controlling interest in one (1)has a principal or controlling interest in the other.
K. Transition.
K.1. 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.
K.2. 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 City Engineer 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 Attorney.
Until April 1, 1994, notwithstanding the other provisions of this Section,with respect to an
escrow agreement under prior versions of this Section under which the original term for
completion of improvements has lapsed, the City Engineer may approve and submit to the City
Council for approval a replacement escrow agreement with a third (3rd)party escrow holder in a
form substantially similar to escrow agreements permissible under prior versions of this Section,
provided that such an escrow may only be held by a financial institution approved by the City
Attorney and shall be approved only if accompanied by a schedule of when improvements are to
be completed approved by the City Engineer. (R.O. 2005 §23-116; CC 1997 §23-116; Ord. No.
1911 §2, 6-1-94; Ord. No. 2532§1, 11-20-02; Ord. No. 2781 §1, 8-2-06)
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ARTICLE VIII DESIGN STANDARDS
DIVISION 1
SECTION 405.110: BLOCKS
Blocks shall meet the following standards. Each block in a subdivision shall be numbered in a
reasonable schematic method.
A. In residential areas, blocks shall be not less than six hundred (600) nor more than one
thousand three hundred twenty (1,320) feet in length measured along the greatest dimension of
the enclosed block area, unless necessitated by topography. Block length in commercial or
industrial areas shall be as determined by the Planning Commission to be suitable for the
intended use.
B. In blocks over six hundred (600) feet in length, the Planning Commission may require one
(1) or more public walkways within an easement not less than ten (10) feet in width to extend
entirely across the block and at locations deemed necessary at intervals not closer than four
hundred (400) feet.
C. Blocks shall each be wide enough to allow two (2) back to back lots, with a minimum depth
of one hundred twenty (120) feet, except where adjoining a major thoroughfare or where one (1)
through lot is necessary because of topographic conditions. (R.O. 2005 §23-46; CC 1997 §23-
46)
DIVISION 2 STREETS AND ALLEYS
Cross References—Streets, sidewalks and other public places, ch. 510; traffic, Title
III; traffic regulations on controlled access ways, §340.120.
CONFORMITY WITH THE OFFICIAL PLANS
The location and width of all streets within the planning area shall conform to the official
City plans and provisions in this Division. (R.O. 2005 §23-56; CC 1997 §23-56)
RIGHT-OF-WAY WIDTHS
The minimum right-of-way width of a street shall be as shown on the official plans and if
not shown on such plans, shall be not less than the following, unless otherwise approved by
the City Council :
Type of Thoroughfare Feet
Primary or major street 80-120
Collector street 60
Type of Thoroughfare Feet
Minor street 50
Alley 20
(R.O. 2005 §23-57; CC 1997 §23-57)
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BILL NO. 3393 ORDINANCE NO. 3187
PAVEMENT WIDTHS
The minimum pavement widths of street types shall be not less than the following, unless
otherwise approved by the City Council :
Type of Thoroughfare Feet
Primary or major street 48
Collector street 36
Minor street 26
Alley 20
(R.O. 2005 §23-58; CC 1997 §23-58)
ADDITIONAL WIDTH ON EXISTING STREETS
Subdivisions that adjoin existing streets shall dedicate additional rights-of-way if necessary
to meet the minimum street width requirements set forth in this Division, as follows:
The entire additional right-of-way shall be provided where the subdivision is on both sides
of the existing street;
When the subdivision is located on only one (1) side of the existing street, one-half (1/2) of
the required additional right-of-way shall be provided. In no case shall the resulting right-
of- way width be less than fifty (50) feet. (R.O. 2005 §23-59; CC 1997 §23-59)
RESTRICTION OF ACCESS
When a subdivision or portion thereof adjoins a primary or major thoroughfare, no lot shall
have direct access thereto. Such lots shall be provided with a frontage on a marginal access
street or street other than a thoroughfare with adequate depth for screen planting of the
portion of any such lot contiguous with the primary or major thoroughfare. (R.O. 2005 §23-
60; CC 1997 §23-60)
STREET GRADES
Grades on primary, major and collector streets shall not exceed six percent (6%). Grades on
other streets or alleys shall not exceed ten percent (10%). Grades on any street in the
Ellisville Business Park as defined by Chapter 400 (Zoning) shall not exceed nine percent
(9%). (R.O. 2005 §23-61; CC 1997 §23-61)
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BILL NO. 3393 ORDINANCE NO. 3187
HORIZONTAL CURVES
Where a deflection angle of more than ten degrees (10°) in the alignment of a street occurs,
a curve of reasonably long radius shall be introduced; on streets sixty (60) or more feet in
width, the centerline radius of curvature shall be not less than three hundred (300) feet; on
other streets, not less than eighty(80)feet. (R.O. 2005 §23-62; CC 1997 §23-62)
VERTICAL CURVES
All changes in street or road grades shall be connected by vertical curves having a radius
that meets the standards of performance recommended for such situations by registered
professional civil engineers. If topographic conditions warrant additional information, in
their opinion, members of the Planning Commission may require centerline profiles to be
drawn of all streets showing natural and finished grades at a scale of at least one (1) inch
equals one hundred (100) feet horizontal and one (1) inch equals twenty (20) feet vertical.
(R.O. 2005 §23-63; CC 1997 §23-63)
INTERSECTIONS
Street intersections shall be as nearly at right angles as is possible and no intersection shall
be at any angle of less than seventy degrees (70°). (R.O. 2005 §23-64; CC 1997 §23-64)
STREET JOGS
Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall not
be allowed. (R.O. 2005 §23-65; CC 1997 §23-65)
DEAD-END STREETS
. The length of minor residential streets that are also dead-end streets shall be as determined
by the Planning and Zoning Commission to be suitable for the intended use. They shall be
provided at the closed end with a turnaround having a minimum right-of-way diameter of
one hundred (100)feet with a minimum paving diameter of eighty (80)feet.
A. Provisions shall be made for the proper projection of streets into adjoining unsubdivided
land. Where it is necessary to provide for street access to adjoining property not yet
subdivided, proposed streets shall be extended by dedication to the boundary of such
unsubdivided property. Such temporary dead-end streets shall be provided with a temporary
turnaround having a roadway diameter of at least eighty (80) feet wherever lots face upon
such a street. (R.O. 2005 §23-66; CC 1997 §23-66; Ord. No. 2709 §1, 8-17-05)
SECTION 405.230: STREET NAMES
A proposed street which is in alignment with and joins an existing and named street shall
bear the name of the existing street. In no case shall the proposed name of a street duplicate
the name of an existing street within the area covered by this Division. The use of the suffix
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"street", "avenue", "boulevard", "driveway", "place" or "court" or similar description shall
not be a distinction sufficient to constitute compliance with this Section. (R.O. 2005 §23-
67; CC 1997 §23-68)
SECTION 405.240: ALLEYS
Alleys or other off-street loading spaces shall be provided to the rear or side of all lots to be
used for commercial or industrial uses. (R.O. 2005 §23-68; CC 1997 §23-69)
SECTION 405.250: PAVEMENT REQUIREMENTS FOR ALL CITY STREETS
OTHER THAN PRIMARY/MAJOR ACCESS STREETS
A. Three (3) inch integral rolled concrete curb seven (7) inches thick by twenty-four (24)
inches wide.
B. Two (2) inches Type "C" asphaltic concrete wearing surface.
C. Seven and one-half(71/2) inches Type "X" asphaltic concrete base course.
D. Six (6) inches of one and one-half(11/2) inch clean stone. (R.O. 2005 §23-69; Ord. No. 2201
§1, 10-1-97)
D.1. Filter fabric shall be placed between the clean stone and soil subgrade. The filter fabric
shall extend a minimum of 18 inches over the clean stone and under the curb.
SECTION 405.260: PAVEMENT REQUIREMENTS FOR PRIMARY/MAJOR ACCESS
STREETS
A. Combination Pavement.
A.1. Three (3) inch integral rolled concrete curb eight (8) inches thick by twenty-four (24)
inches wide.
A.2. Two (2) inches Type "C" asphaltic concrete wearing surface.
A.3. Ten (10) inches Type "X" asphaltic concrete base course.
A.4. Six (6) inches of one and one-half(11/2)inches clean stone.
A.5. Filter fabric shall be placed between the clean stone and soil subgrade. The filter
fabric shall extend a minimum of 18 inches over the clean stone and under the curb.
B. Rigid Pavement.
B.1. Seven(7) inches Portland cement concrete base.
B.2. Four (4) inches clean stone. (R.O. 2005 §23-70; Ord. No. 2201 §2, 10-1-97; Ord. No.
2219 §1, 12-17-97)
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B.3. Filter fabric shall be placed between the clean stone and soil subgrade. The filter
fabric shall extend a minimum of 18 inches over the clean stone and under the curb.
SECTION 405.270: UNDER DRAIN REQUIREMENTS
An under drain shall be provided at all street inlets extending transversely across the full
width of the pavement, per City specifications. (R.O. 2005 §23-71; Ord. No. 2201 §3, 10-1-
97)
SECTION 405.280: PRIVATE STREETS PROHIBITED
There shall be no private streets platted in any subdivision. Every subdivided lot shall be
served from a publicly dedicated street. There shall be no reserve strips controlling access
to streets, except where the control of such strips is definitely placed with the City under
conditions approved by the Council. Provisions of this Section do not apply to properties
with private streets annexed by the City after the effective date of this Division. (R.O. 2005
§23-72; Ord. No. 2630 §1, 4-21-04)
DIVISION 3. EASEMENTS
Cross References—Cable installations, ch. 620; streets, sidewalks and other public
places, ch. 510;flood damage prevention, ch. 420.
SECTION 405.290: UTILITY
Except where alleys are provided for the purpose, utility easements not less than ten (10)
feet in width shall be provided along rear or side lot lines for use in erecting, constructing
and maintaining poles, wires, conduits, storm sewers, sanitary sewers, surface drainage,
water mains, electrical lines and other public utilities reasonably required for an urban
structure. Such easements shall be placed along rear lot lines whenever possible. No
building shall be erected on said easements. (R.O. 2005 §23-81; CC 1997 §23-81)
SECTION 405.300: STORM WATER
Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there
shall be provided a storm water easement for drainage right-of-way conforming substantially
with the lines of such watercourse and such further width or construction, or both, as will be
adequate for the purpose. Parallel streets or parkways may be required in connection
therewith. (R.O. 2005 §23-82; CC 1997 §23-82)
DIVISION 4. LOTS
Cross References—Environmental reports, ch. 415; parks and recreation, ch. 235;
flood damage prevention, ch. 420.
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SECTION 405.310: ARRANGEMENT
A. Lots shall be numbered in each block, starting with lot number one (1) and continuing in a
reasonable schematic method.
B. Side lot lines shall be at right angles to straight street lines or radial to curved street lines.
C. The subdividing of the land shall be such as to provide, by means of a public street, each lot
with a satisfactory access to an existing public street.
D. Through lots or double frontage lots shall be avoided when possible. Residential lots shall
be separated from major thoroughfares by a landscape buffer strip not less than ten (10) feet
in width.
E. Areas subject to flooding, and lots deemed by the City to be uninhabitable, shall not be
platted for residential occupancy, nor for such other uses as may increase danger to life,
health or property or aggravate the flood hazard, but such land shall be set aside for open
spaces or for such uses as shall not be endangered by periodical or occasional inundation or
shall not produce unsatisfactory living conditions. (R.O. 2005 §23-91; CC 1997 §23-91)
SECTION 405.320: SIZE
A. No lot shall have less area or width than is required by zoning regulations applying to the
area in which it is located.
B. Corner lots shall be platted at least fifteen (15) feet wider than the minimum otherwise
required.
C. Lots abutting on a pedestrian walkway shall be treated as corner lots.
D. Lots abutting a drainage course, channel, stream or lake shall have additional depth or width
as required to assure building sites not subject to flooding. (R.O. 2005 §23-92; CC 1997
§23-92)
DIVISION 5 ENVIRONMENTAL FEATURES
SECTION 405.330: PUBLIC OPEN SPACES
Where a proposed school,neighborhood park or recreation area or public access to water
frontage, shown on the official City plan, is located in whole or in part in the applicant's
subdivision, the Planning Commission may require as a condition of final approval that such
space within the subdivision be reserved and not developed for a period not to exceed one
(1) year from the date of such final approval so that within the period the appropriate public
agency may acquire the land in the manner provided by law and before it is developed for
some purpose not conforming to the official plan. If it is not so acquired and no legal action
is filed within such period, such reservation shall be of no further effect and such lands then
may be used for other purposes. (R.O. 2005 §23-101; CC 1997 §23-101)
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SECTION 405.340: DRAINAGE COURSES
Where storm water from adjacent areas naturally passes through a subdivision, adequate
provision shall be included in the grading or construction in the subdivision for facilities
similar to grass swales or pipe sewers to route the storm water through the subdivision to its
natural outlet. (R.O. 2005 §23-102; CC 1997 §23-102)
SECTION 405.350: PRESERVATION OF NATURAL FEATURES—WOODLANDS
PRESERVATION
A. Natural features such as trees, brooks, hilltops and views shall be preserved wherever
possible in designing any subdivision or lot containing such features. Artificial and natural
lakes are to be preserved and encouraged as much as possible. Young and mature
woodlands, as defined above, on a site to be developed for residential purposes shall be
preserved as permanent open space as set forth in this Section:
A.1. No more than seventy percent (70%) of any mature woodlands may be cleared or
developed. The remaining thirty percent (30%) shall be maintained as permanent open
space. No more than seventy-five percent (75%) of any young woodlands may be
cleared or developed. The remaining twenty-five percent (25%) shall be maintained as
permanent open space.
A.2. The developer shall undertake the following precautions to protect woodland areas to
be maintained as permanent open space:
A.2.a. The developer shall submit a survey of all woodlands or clusters of trees greater
than two and one-half(21/2) inch in caliper and the location of all proposed lot lines,
buildings, rights-of-way, utility lines and easements.
A.2.b. The developer shall designate the location and amount of young and/or mature
woodlands to be maintained as permanent open space and their percentage of the
total young and mature woodlands on the site.
A.2.c. The developer shall not include as permanent open space any trees or woodlands
in easements, building areas, rights-of-way or dedications. Any permanent open
space trees which are removed by the utilities must be replaced by the developer at
the rate of two (2) to one (1) and said trees must be a minimum of two and one-half
(21/2) inch caliber if replacing young woodland trees and five (5) inch caliber if
replacing mature woodland trees.
A.2.d. The developer shall not develop within the canopy area or drip line of any tree to
be preserved as permanent open space. The "canopy or drip line" of a tree is that
area circumscribed on the ground by a vertical line extended from the outermost
extremities of the plant's branches to the ground.
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A.2.e. The developer shall submit in writing the recommendations of a licensed
landscape architect or other person whom the City deems to be qualified, as to
which trees may be protected notwithstanding development in close proximity to
them, including all recommended protective measures.
A.2.f. The developer shall employ all recommended tree-protective measures and, in
any event, shall:
A.2.f.(1) Erect on-site rope or fence barriers along the line(s) delineated in
Subsection (A)(2)(d) above.
A.2.f.(2) Provide a tree protection supervisor on-site whenever equipment or
trucks are placed or are moving near the trees to be protected in order to ensure
compliance with all tree protective measures.
A.2.g. The developer shall post a surety for the benefit of the City in the amount of ten
thousand dollars ($10,000.00) for every acre of woodlands to be preserved (or
portion thereof). The surety shall be applied to the replacement of any trees which
should die within two (2) years of the completion of structures adjacent to
woodlands.
A.2.h. The developer shall replace with a tree of similar size and type all trees which
die as a result of such development or substitute amount or size of trees as
approved by the City.
A.3. Replacement of woodlands. Whenever the requirements of this Section would render a
site unbuildable, the developer may clear or develop more mature woodlands than
otherwise permitted, if the total mature woodland area disturbed is not increased by
more than ten percent (10%) of the total woodland area on the lot or site. In any event,
not more than eighty percent (80%) of mature woodlands may be disturbed. This
additional disturbance shall be permitted only where the following conditions are met:
A.3.a. The developer shall designate a new woodland area on a part of the site not
forested.
A.3.b. The new woodland area shall consist of 1.2 times the surface acreage of the
woodland area disturbed pursuant to this Subsection.
A.3.c. Within each acre of newly designated woodland area, the following plantings
shall be made:
A.3.c.(1) One (1) canopy tree, minimum of four(4) inch caliper;
A.3.c.(2) Five (5)canopy trees, minimum of three (3) inch caliper;
A.3.c.(3) Seventy-five (75) canopy trees, minimum of six (6) to eight (8) feet high
whips; and
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A.3.c.(4) Eight (8) understory trees, minimum one and one-half (11/2) inch caliper
or five (5)feet high for multi-stemmed clumps.
A.4. Removal of trees in permanent open space. A tree preserved as permanent open space
may be removed by the resident or owner of the property where the tree is preserved
only if the following conditions are satisfied:
A.4.a. A licensed landscape architect, or other person whom the City deems to be
qualified, certifies that the tree is diseased or dead.
A.4.b. If the tree is not diseased or dead, a resident or owner of the property may apply
to the City to remove the tree in order to make improvements to the property if:
A.4.b.(1) Other trees are planted by the resident owner to replace the tree to be
removed at the rate of two (2) to one (1) and said replacement trees must be a
minimum of two and one-half (21/2) inch caliber if replacing young woodland
trees and five (5)inch caliber if replacing mature woodland trees.
A.4.b.(2) The replanted trees are to be located within and included as permanent
open space.
B. Total Tree Density Requirement For Residential Development.
Each lot shall have a minimum of one (1) two and one-half (21 ) inch caliber tree per four
thousand (4,000) square feet of lot area. (This may include frontage trees along streets and in
yards as required by Section 405.420.) Prior to issuance of an occupancy permit, if new trees are
required to be planted in order to meet this minimum standard and the season does not allow for
planting, the Director of Public Works shall require evidence that said planting will commence
during the succeeding tree planting season.
B.1. The developer shall provide a landscaping plan which locates and identifies by species
new and existing trees to be counted as fulfilling these tree requirements. The tree
canopy area shall be shown on the final landscaping plans. The canopy for each tree
shall be drawn in accordance with the canopy sizes for mature trees shown on the
acceptable plant material list available from the City of Ellisville.
B.2. Preserved existing trees and new deciduous trees to be counted as fulfilling these tree
requirements shall be live, healthy trees of a species suitable for the urban environment
and shall be at least two and one-half(21/) inches or greater in caliper, as approved by
the City. Evergreen trees shall be a minimum of six (6)feet in height.
B.3. The final improvement plans shall show trees designated to be saved by the subdivider.
If a preserved tree or trees, designated to be counted as fulfilling these tree
requirements, is lost for any reason by the time of the final inspection of the
subdivision, the lost tree(s)shall be replaced by three (3) times the number of trees lost.
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B.4. Where it is determined that removal of significant trees has occurred within two (2)
years prior to the filing of the preliminary plat, the City Council may require plantings
in excess of the above requirements up to three (3) times the number of trees that would
otherwise be required. (R.O. 2005 §23-103)
SECTION 405.380: MONUMENTS
All subdivision boundary corners, street intersection corners and points of tangency and
curvature shall be marked with survey monuments equivalent to concrete posts four (4)
inches in diameter, three (3) feet long, flush with the finished grade. All other lot corners
shall be marked with three-fourths (3/4) inch by twenty-four (24) inch iron pipe driven flush
with the grade. (R.O. 2005 §23-117; CC 1997 §23-117)
SECTION 405.390: CURBS AND GUTTERS
A suitable curb and gutter shall be constructed along the outside lines of all street
pavements. The type of curb and gutter shall be subject to the approval of the Director of
Public Works. (R.O. 2005 §23-118; CC 1997 §23-118)
SECTION 405.400: SIDEWALKS
Concrete sidewalks at least four (4) feet wide and five (5) inches thick with a four (4) inch
crushed stone base shall be constructed on both sides of each street; provided, that the
Planning Commission may recommend to the Council waiver or reduction of this
requirement if it is established that the reasonably anticipated growth of the area and the
probable nature of its development, its distance from concentrated urban development and
developments creating pedestrian travel and the estimated volume of vehicular travel on the
streets make such sidewalks unnecessary for the protection of the public safety and welfare.
(R.O. 2005 §23-119; CC 1997 §23-119)
Cross Reference—Streets, sidewalks and other public places, ch. 510.
SECTION 405.410: TOPSOIL PROTECTION
No topsoil shall be removed from the site or used as soil. Topsoil removed during the
course of construction shall be stored during construction and redistributed so as to provide
at least five (5) inches of cover to all areas of the subdivision and shall be established by
seeding, sodding or planting. (R.O. 2005 §23-120; CC 1997 §23-120)
SECTION 405.420: SHADE TREES
A. Along Streets. The streets shall be provided with two (2) hardwood nursery grown shade
trees having a trunk diameter of two and one-half(21) inches measured at a height of six (6)
inches above the finished ground level. Street trees shall be suitable for local soil and
climate conditions and adapted to street use and approved by the Tree Board.
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B. In Yards. One (1) shade tree having a trunk diameter of two and one-half (21/2) inches
measured at a height of six (6) inches above the finished ground level shall be planted in the
front yard of each improved lot after which time maintenance shall become the
responsibility of the lot owner. Shade trees shall be so located as not to interfere with
buildings, utilities or sidewalks and shall be placed from thirty-five (35) to forty-five (45)
feet apart. At street corners, trees shall be located a minimum of twenty-five (25) feet back
from the intersection of street right-of-way lines. Yard trees shall be suitable for local soil
and climate conditions and approved by the Tree Board. (R.O. 2005 §23-121; CC 1997
§23-121)
Cross Reference—Planting and trimming of street trees, H510.090-510.100.
SECTION 405.430: STREET SIGNS
An approved four-way metal street sign shall be installed at each street intersection. The
letters shall be at least three and one-half (31/2) inches and conform with existing signs in
design. (R.O. 2005 §23-122; CC 1997 §23-122)
Cross Reference—Signs and advertising devices, ch. 410.
SECTION 405.440: UNDERGROUND ELECTRIC AND TELEPHONE SERVICE
All electric and telephone service for new subdivisions shall be installed underground. This
Section does not apply to transmission lines that supply service to the subdivision. (R.O.
2005 §23-123; CC 1997 §23-123)
SECTION 405.450: STREET LIGHTING
A. Generally. A street light shall be provided at each intersection of streets within a
subdivision, at each intersection of a street with a pedestrian way and at each circular
turnaround, but in no event shall there be fewer than one (1) street light for each four
hundred (400) linear feet or portion thereof of street frontage between intersections or
between a street intersection and the terminus of a dead-end street. Lighting intensity of
each street light shall be equivalent to a six thousand eight hundred (6,800) mercury
luminaire lamp or a one hundred seventy-five (175)watt lamp and the street light posts shall
be at least sixteen (16) feet in height. Equivalents to these standards may be proposed and
used when approved by the Director of Public Works.
B. Maintenance Agreement. Unless the Council hereafter provides by ordinance for other
procedures, the developer shall submit to the Director of Public Works 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 street lighting system within the subdivision and
the methods of collection of said monies.
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C. Property Of City. Notwithstanding the provisions of Subsection (B), all subdivision street
lighting shall become the property of the City for maintenance and operational cost on July
first (1st) next after completion of the subdivision, unless requested otherwise by the
subdivision trustees. (R.O. 2005 §23-124; CC 1997 §23-124)
SECTION 405.460: WATER SUPPLY
A. When the subdivision is located within the service area of a public water supply system,
water mains not less than six (6) inches in diameter shall be constructed throughout the
entire subdivision in such manner as to serve adequately all lots and tracts with connection
to such public system together with shut-off valves and fire hydrants.
B. Fire hydrants shall be installed throughout the entire system at intervals of approximately
four hundred (400) feet if within the service area of a public water supply system. (R.O.
2005 §23-125; CC 1997 §23-125)
SECTION 405.470: SANITARY SEWERS
A. Permit Required For Construction. Before starting construction on a sanitary sewerage
system in a development, the developer shall first obtain a written permit signed by the
Director of Public Works. Construction drawings and specifications, together with such
design calculations as may be required, prepared by a professional engineer registered by the
State shall be submitted to the Director of Public Works for review at the time of request for
a permit.
B. Existing Service Area.
B.1. 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 Department of Natural Resources and the Department of Public Works, 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 Department of Public Works and shall be constructed under the observation and
inspection of MSD,when within its limits, or the Department of Public Works, where applicable,
and shall be approved by same or a privately owned sewer company, when applicable.
B.2. 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 Department of Public Works 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
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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 Department of Public
Works.
B.3. 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:
B.3.a. If the lots have been created after the adoption of this Section, they must have
MSD approval when within its limits;
B.3.b. The lots must have a minimum width of one hundred (100) feet and contain a
minimum area of one hundred thirty thousand six hundred eighty (130,680) square
feet when no public water system is available; sixty-five thousand three hundred
forty (65,340) square feet where public water is available;
B.3.c. The individual sewage disposal system shall comply with the regulations and
requirements of the Missouri Department of Natural Resources:
B.3.d. Each disposal system shall be constructed under the observation and inspection
and approval by the Department of Public Works, by MSD when within its
operating limit and other applicable agencies;
B.3.e. Individual sewage disposal systems shall not be used in a subdivision containing
more than ten (10) lots, except in large lot subdivisions, nor allowed within MSD
limits unless approved by MSD.
B.4. In no event shall any residence or non-residential improvements be occupied nor shall
an occupancy permit be issued until such residence or non-residential improvements are
connected to sanitary sewage facilities conforming to this Section and all other
governing ordinances and laws.
C. New Construction. All subdivisions developed in the future within the City shall, at the
expense of the subdivider,be provided with a sanitary sewerage system that shall be
connected to the municipal sewerage system. After completion of construction and after
inspection and acceptance by the Director of Public Works, the system shall be dedicated to
the City and shall become a part of the municipal sewerage system.
D. Placing Lines Under Concrete Pavements. Main, trunk or collector sewers constructed by
developers shall not be constructed under concrete street pavements, except where crossing
under such pavements. Where such crossings are made, they shall be made perpendicularly,
or as nearly perpendicularly as practicable, to the longitudinal centerline of the street
pavement. If undue hardship is occasioned to the developer by such prohibition, the sewer
may be constructed under the concrete street pavement, provided that written permission to
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do so is secured from the Director of Public Works. (R.O. 2005 §23-126; CC 1997 §23-
126)
SECTION 405.480: STORM DRAINAGE—PLANS AND DATA REQUIRED
The detailed plans for the proper disposal of storm water affecting the proposed subdivision
shall show the location of all open drainage channels, together with such improvements
which may be necessary, such as widening, straightening, surfacing or other improvements
of such channels, reconstruction or construction of new bridges, culverts and the
construction of all grass swales and underground enclosed pipe sewers and surface
accessories necessary to efficiently carry off the storm water and prevent ponding on the
surface of the proposed subdivision and adjacent properties. The plans for these facilities
shall be shown both in plan and profile with details of all necessary accessories. The data
regarding the area to be served by the facilities and the estimated runoff, based on local
criteria, from the area tributary to the facilities beyond the subdivision shall accompany the
detailed plans. (R.O. 2005 §23-127; CC 1997 §23-127)
Cross Reference—Flood damage prevention, ch. 420.
SECTION 405.490: STREET MAINTENANCE DEPOSIT
A. Required, Amount. Every person, firm, partnership, corporation or association using the
public streets of the City in connection with the improvement of real or personal property,
including the erection and construction of buildings in the City, or any person, firm,
partnership, corporation or association engaged in the establishment and construction of
public or private streets or driveways entering into existing public streets of the City shall
deposit with the City, in addition to any permit fees or other deposits, cash in the amount of
five hundred dollars ($500.00)for each new single-family residence.
B. When Paid. Any deposit required under the provisions of this Section shall be made at the
time of application for any permit which may be required for such improvement,
construction, project, endeavor or enterprise; or, in the event no permit is required, at least
twenty-four (24) hours prior to the time such improvement, construction, project, endeavor
or enterprise is begun.
C. Prerequisite For Building Permit. No building permit shall be valid unless the cash deposit
required under the provisions of this Section has been made and a receipt therefor attached
to or noted upon such building permit.
D. Additional To All Other Fees, Etc. These provisions are not intended to nor shall they
supplant any existing ordinance of the City but shall be complementary to all other
ordinances of the City.
E. Exemptions. The provisions of this Section shall not be applicable to any construction,
improvement, project, endeavor or enterprise, under the direction of City Officials, by
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employees of the City or by any contractor of the City performing work for and in behalf of
the City.
F. Security For Performance.
F.1. Such deposit shall serve as security for the repair of any damage to or clean up of any
litter upon the public streets in the City caused by the depositor's employees, agents,
contractors, subcontractors or materialmen, either directly or indirectly, in connection
with the construction of depositor's street, driveway or other improvements.
F.2. All such damage done to City streets, during the progress of depositor's construction,
project, endeavor or enterprise, shall be repaired by depositor. Materials and standards
for such repair shall conform with the requirements of any applicable City Code
ordinance or specification. If the depositor, after request by the Director of Public
Works, fails within seventy-two (72) hours to furnish the necessary labor and materials
for such repair, the Director of Public Works is empowered to cause the necessary labor
and materials to be furnished by the City and the cost thereof shall be charged against
and paid for out of the deposit required and established under the provisions of this
Section.
F.3. As any improvement, construction, project, endeavor or enterprise progresses, all
streets shall be thoroughly cleaned of all rubbish, ice, earth, mud, rocks, gravel, sand,
cement, concrete, mortar, plaster or any other construction materials or debris resulting
from such work. All cleanup operations shall be done by and at the expense of the
contractor or the person by whom or for whose benefit the improvement, construction,
project, endeavor or enterprise has been undertaken. All cleanup operations shall be
completed to the satisfaction of the Director of Public Works. Cleanup operations shall
be done from time to time as may be ordered by the Superintendent of Public Works
and in any event shall be done daily. Upon a failure to cleanup after notification to do
so has been given by the Director of Public Works, such cleanup may be done by City
employees and the cost thereof shall be charged against and paid for out of the deposit
required under the provisions of this Section.
G. Separate Account Required. Cash deposits required to be made under the provisions of this
Section shall be turned over to the City Treasurer who shall deposit them in a separate
account established to receive only such deposits.
H. Reficnd. Any such deposit or the residue thereof, in the event of deduction for damage to or
cleanup of public streets, shall be returned to the depositor upon order of the Council
following application therefor in writing by the depositor after the completion of depositor's
improvement, construction, project, endeavor or enterprise and after certification in writing
by the Director of Public Works that all repairs or cleanup required of depositor has been
satisfactorily completed.
I. Violation, Penalty. Any person, firm, partnership, corporation or association convicted of
violating the provisions of this Section by commencing, entering into or proceeding with
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any improvement, construction, project, endeavor or enterprise without making the required
cash deposit shall be subject to a fine of one hundred dollars ($100.00); and each day that
work or effort upon such improvement, construction, project, endeavor or enterprise
continues without the required deposit being made shall constitute and be deemed a separate
offense. (R.O. 2005 §23-128; CC 1997 §23-128)
J. SECTION 405.500: START OF BUILDING CONSTRUCTION
A. Time Limit. Building construction must commence within a ninety (90) day period after the
foundation is poured on any residential lot within the City.
B. Extension. Upon a showing of good cause, the Council may grant the developer an
extension of the aforementioned ninety (90)day time limit for commencing of construction.
C. Restoration. If construction is not commenced within the ninety (90) day period and an
extension of time has not been granted by the Council, the developer must return the ground
to its original state by filling in the excavation and appropriate landscaping.
Penalty. Each day after the ninety (90) days or such time as extended by the Council that such
ground is not returned to its original state shall constitute a separate violation. (R.O. 2005 §23-
129; CC 1997 §23-129)
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