HomeMy Public PortalAboutCity of WildwoodBILL #675 ORDINANCE #675
AN ORDINANCE AMENDING CITY OF WILDWOOD CODE CHAPTER 420 RELATING
TO SUBDIVISION AND DEVELOPMENT REGULATIONS BY ENACTING CHAPTER
420 CODIFYING AMENDED SUBDIVISION AND DEVELOPMENT REGULATIONS FOR
THE CITY OF WILDWOOD, MISSOURI.
WHEREAS, the City Council of the City of Wildwood (the "City") is authorized under its
Charter to regulate housing, sanitary sewage treatment, grading and construction, and other aspects
of development as may affect the public health, welfare, or safety, and additionally is authorized under
state law to control and regulate the division and redivision of land within the City to protect the
public interest; and
WHEREAS, the City has made various amendments to Ordinance No. 209 containing the
Subdivision Code, and desires to codify such changes and prior amendments into a single codified
Chapter of the City Code; and
WHEREAS, after due notice and a public hearing before the Wildwood City Council, and
in accordance with Chapter 89 of the Revised Statutes of Missouri and other law, the Council now
desires to amend Ordinance 209 and Chapter 420 of the Wildwood Municipal Code (the "Code")
entitled "Subdivision Regulations" by adopting the Codified Code with all amendments.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
WILDWOOD, AS FOLLOWS:
Section One. Ordinance No. 209, as amended, and Chapter 420 of the City Code are hereby
amended by repealing section 1005.010 through 1005.410, inclusive, and enacting in their place the
attached codified Chapter 420 of the Code, entitled "Subdivision and Development Regulations,"
including sections 1005.010 through 1005.410, inclusive, attached and incorporated herein by this
reference and hereby enacted by this ordinance.
Section Two. Chapter 420 amended hereby, and including but not limited to, Sections 1005.080,
1005.200, 1005,230, 1005.095, 1005.235, 1005.265, 1005,290, 1005.300, 1005.330, 1005.340,
1005.380, 1005.400 therein, are adopted pursuant to the authority granted to the Council by the
Constitution of the State of Missouri through the Charter of the City of Wildwood granting the
City all such powers that the General Assembly of the State of Missouri has authority to confer
upon any city including such authority relating to the regulation of housing, construction, sanitary
sewers, grading and rights -of -way acceptance and management, among its other police powers,
independently of any authority separately granted by state statute. Additionally, the provisions
of Chapter 420, or portions thereof, are further adopted pursuant to the authority granted by
Chapter 89 of the Missouri Revised Statutes relating to zoning and subdivision regulation,
Missouri Revised Statutes Section 82.190 relating to control of streets and public places, and all
such other powers as are granted to regulate the public health, welfare and safety,
Section Three. The portions of this Ordinance and attachments hereto shall be severable. In the
event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid,
the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this
Ordinance are so essential and inseparably connected with and dependent upon the void portion that
it cannot be presumed that the Council would have enacted the valid portions without the invalid
ones, or unless the court finds that the valid portions standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent, Nothing herein shall limit the
enforceability of any amended provision for violations or activities occurring prior to its amendment.
Section Four. This ordinance shall be in full force and effect on and after its passage and approval
as provided by law.
This Bill was passed and approved this c6 day of J an.u,*y , 2001 by the Council of the
City of Wildwood, Missouri, after having been read by title or in full two times prior to passage.
ATTEST:
ditibif- Sieet.gi
Ci Clerk
JO T p, MAYOR
ATTEST:
Cit Clerk
BILL #1108 ORDINANCE #1108
AN ORDINANCE AMENDING SECTION 1005.080 OF THE
SUBDIVISION AND DEVELOPMENT REGULATIONS OF THE CITY
OF WILDWOOD RELATING TO INSPECTION AND GUARANTEE OF
SUBDIVISION IMPROVEMENTS
WHEREAS, the City has since its incorporation authorized the option of developers to
guarantee required subdivision improvements rather than requiring their construction prior to
plat approval as otherwise required. by Section 89.410 of the Missouri Revised Statutes; and
WHEREAS, the City and its taxpayers have been subjected to significant costs of
administering and enforcing such escrows, in implementing and complying with repeated
changing state law relating thereto, and in defending judicially rejected legal claims relating to
such escrow authority; and
WHEREAS, changes in State statute initiated by the homebuilding industry have
continued to restrict the local authority for such escrows and have continued to increase the risk
and cost to the public of continuing to authorize such escrows as an alternative to the actual
construction of the improvements prior to plat recording, and have caused the process to be so
unfairly restrictive and risky to the public funds as to cause a legitimate question as to whether
such escrows should be continued to be authorized by the City; and
WHEREAS, the City would not incur such costs and risks if the City did not elect to
authorize guarantees as an alternative method to assist developers in delaying the costs of
improvements and instead rely on state requirements provided for in RSMo. §89.410, which
require the completion of such improvements prior to the recording of any plat; and
WHEREAS, the City nevertheless seeks to continue to authorize such escrows in
conformance with the most recent changes further restricting such escrow procedures,
conditioned on reducing the increasing and continued expense of public funds relating to such
authorization, so as to leave open this development option and so as not to unnecessarily
disadvantage smaller builders that may greatly benefit from the City offering this option.
NOW, 1'HLREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
WILDWOOD, AS FOLLOWS:
Section One. Subsection C of Section 1005.080 of the Subdivision and Development
Regulations is hereby amended by adding thereto a new Paragraph 3, to read as follows:
3. Due to the costs of administering deposit guarantees/escrows and the compliance with
changing state regulations relating thereto, any Developer that elects to use a construction
escrow in lieu of completing the improvements, as otherwise provided for in this
ordinance and RSMo. §89.410, shall deposit an additional fee of $500 that shall be used
by the City to defray costs of administration, legal costs, procedural changes, and other
costs not otherwise reimbursed to the City resulting from the City's acceptance of such
deposit guarantees. The Developer shall be obligated to reimburse the City for any
additional costs, including, but not limited to, reasonable attorneys fees, above such
deposit amount arising in any way from the City's acceptance of a deposit/escrow in lieu
of completion of improvements. The Developer may request a refund of any principal
amounts, if any, of any initial or supplemented deposit above the costs attributable to the
development during the period of the escrow by written request made within thirty (30)
days after the Developer has received a City approval of all categories of improvements
subject to such escrow.
Section Two. Subsection E of Section 1005.080 is hereby amended by adding thereto a
new Paragraph 8, to read as follows:
8. The Department of Public Works shall inspect each category of improvement or utility
work within twenty (20) business days after a request for such inspection has been filed
with the Department by the Developer and no inspection shall be required until such
request is received by the Department. For purposes of this Section, an "inspection
request" shall constitute and occur only on a completed written request on a form that
shall include: (1.) the category of improvement reflected in the deposit agreement that is
requested to be inspected (2) an engineer's certification that the category of
improvement has been installed and on the date of inspection application is maintained
and in conformance with the final approved improvement plans and all applicable
requirements thereto and is therefore ready for inspection; and (3,) a verified statement
from the representative officer of the developer attesting that the information in the
inspection request is true and accurate. Nothing herein shall preclude the Department
from completing additional inspections at its discretion or as a courtesy to the Developer.
Section Three. This ordinance shall be in full force and effect both from and after
its passage and approval.
This bill was passed and approved this i day of August, 2004, by the Council of
the City of Wildwood, Missouri after having been read by title, or in full, two (2) times prior to
its passage.
Presiding Officer ' e o o , Mayor,
AT 1'EST:
ti
.acsLA
City Clerk
Fes.,
aLc
Th H n rableEdwardL.Marshall
ATTEST:
City Clerk
2
SULLIVAN PUBLICATIONS, INC.
P.O. BOX 1611, MANCHESTER, MISSOURI 63011
636.225.5720 • FAX: 636.225.9622
E-MAIL: mail@sullivanpublications.com
November 22, 2000
Ms. Lynne Greene-Beldner
City of Wildwood
16962 Manchester Rd.
Wildwood, Missouri 63040
Dear Lynne
Here is the final copy of the Subdivision and Development Regulations with the last changes call
to me by Dan yesterday. This should get to you in plenty of time for your public hearing and
as soon as it is assigned an ordinance number, please let us know and we will prepare the entire
update for the City. I will call in early January as I believe that was when Dan said it would
probably pass. I hope you have a wonderful Thanksgiving weekend and I'm sure we will see you
before Christmas. Now all we have to get done is the Zoning, then maybe the City can get it
on the web for all to see.
Thanks for all your help in this.
Sincerely
Marg et A. Perry
MAP/al
CHAPTER 420: SUBDIVISION AND DEVELOPMENT REGULATIONS
Editor's Note —Chapter 420 shall consist of Sections 1005.010 through 1005.410 as
adopted by ord. no. 209 on February 26, 1996. This chapter with any amendments
thereto shall here and after be known as the Subdivision and Development Regulations
of the Oty of Wildwood.
SECTION 1005.010: SHORT TITLE
This Chapter shall be known and may be cited as "The Subdivision and Development Regulations
of the City of Wildwood". (Ord. No. 209 §1005.010, 2-26-96)
SECTION 1005.020: PURPOSE
The purpose of this Chapter is to control the division of land within the City of Wildwood in order
to promote the public health, safety and general welfare by regulating the division and redivision of
land in order to lessen congestion in the streets and highways; to further the orderly development
and appropriate use of land; to establish accurate records of land subdivisions; to protect land title;
to implement the Master Plan; to secure safety from fire and other dangers; to facilitate adequate and
coordinated provisions for transportation, water, infrastructure, schools, parks, playgrounds and
other public requirements; to permit the division of larger tracts into smaller parcels of land; to
preserve natural features such as stands of trees, streams, significant rock formations, historical
landmarks and prehistoric archaeological remains; and, in general, to protect public and private
property from erosion and other adverse effects of development; and to facilitate the orderly
coordinated, efficient and appropriate development of the City of Wildwood. (Ord. No. 209
§1005.020, 2-26-96)
SECTION 1005.030: APPROVAL OF SUBDIVISION PLATS
Every subdivision and resubdivision of land within the City of Wildwood shall be shown upon a plat
and submitted to the Department for its approval or disapproval. All final plats, with the
Department's approval or disapproval endorsed thereon, shall be submitted to the City Council for
its consideration and approval or disapproval. No plat shall be recorded in the Office of the Recorder
of Deeds unless and until as provided for in this Chapter. No lot subject to this Chapter shall be sold
unless first established by provisions of this Chapter. No building, grading or other development
permit shall be issued for any subdivision, parcel or lot in violation of any standard or requirement
of this Chapter. (Ord. No. 209 §1005.030, 2-26-96)
SECTION 1005.035: PARCELS OF LAM) RECORDED WITHOUT REQUIRED APPROVALS
The owner of a lot or parcel of land created prior to the adoption date of this Chapter, (February
26, 1996), in violation of Section 1005 M30 may apply to the Director of Planning for a variance
from the Subdivision and Development Regulations for the construction of any one (1) use allowed
in the Single -Family "R" Zoning Districts ("R-1" through "R-4"), or a single-family detached
residence in the remaining "R" Districts. The Director shall investigate the situation, and finding
that:
1
§ 1005.035 Wildwood City Code § 1005.040
1. The lot was created by record plat or recorded deed prior to adoption date of this Chapter;
and
2. But for the failure to comply with this Chapter, the lot or parcel of land could be developed;
and
3. The lot or parcel of land was acquired by the present owner for a valuable consideration and
in ignorance of the requirements of this Chapter; and
4. Had proper application been made at the time of the creation of the lot, approval would have
been given for lot size and frontage;
shall forward the findings to the City Council which may by order grant the variance upon such
terms and conditions as will most equitably preserve the purpose and intent of this Chapter:
(Ord. No. 209 §1005.035, 2-26-96)
SECTION 1005.040: DEFINITIONS
As used in this Chapter, the following definitions apply:
ALLEY: A secondary means of ingress or egress serving more than one (1) tract of land and used
primarily for vehicular service, and which may be used for public utility purposes.
BENCEEMARK.: A defmite point of known elevation and location and of more or less permanent
character: The identity and elevation shall be based on United States Geological Survey (U.S.G.5.)
Datum. Benchmarks established from 1981 Metropolitan St. Louis Sewer District (M.S.D.)
Benchmark Loop System and Missouri Highway and Transportation Department (M.H.T.D.)
Benchmarks or temporary benchmarks established thereon are acceptable.
BLOCK: An area of land surrounded by public highways, streets, streams, railroad rights -of -way,
parks, rural land, drainage channels or other similar areas or facilities.
BUILDING LINE (SETBACK): A line or lines on a plat designating the area outside of which
buildings may not be erected, except landings, open balconies and roof overhangs, as permitted in
the Zoning Regulations, set out in Chapter 415.
COMMISSION: The Planning and Zoning Commission of the City of Wildwood.
COMMON LAND: That land set aside for open space or retention lakes (excluding stormwater
improvements, i.e. detention facilities) or recreational use for the owners of lots in a subdivision,
which land is conveyed in trust for the benefit, use and enjoyment of the lot owners.
CONDOMINIUM: A form of property ownership under the Condominium Property Act, Chapter
448, Missouri State Revised Statutes.
DEPARTMENT: The Department of Planning of the City of Wildwood.
DETENTION: The temporary storage of the differential runoff of stormwater by providing
permanent facilities, such as dry reservoirs, ponds or other acceptable alternatives.
2
§ 1005.040 Subdivision And Development Regulations § 1005.040
DEVELOPER: That person, firm or corporation by whom a tract will be subdivided and improved
pursuant to the requirements of this Chapter.
DIRECTOR: The Director of Planning of the City of Wildwood.
EASEMENT, PRIVATE ROADWAY: A designated vehicular access way for the servicing of
individual lots within a large lot subdivision.
EASEMENT, ROAD IMPROVEMENT, MAINTENANCE AND UTILITY. A grant by a property owner
to the City, County, State or Federal Government for the purpose of road improvement and
widening, road maintenance, sidewalks, public or private utilities and. sewers.
EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT: A grant by a property owner to the
City of Wildwood for the purpose of road maintenance, improvement and widening.
EASEMENT, STORMWATER CONTROL: A grant by a property owner to the City or MSD for the
purpose of stormwater control.
EASEMENT, STORMWATER CONTROL ACCESS: A grant by a property owner to the City or MSD
providing access to stormwater control facilities for maintenance purposes.
EASEMENT, UTILITY: A grant by a property owner to a public or private utility company for the
purpose of installation, improvement and maintenance of public or private utilities.
ENGINEER A professional engineer registered in the State of Missouri.
ESCROW AGENT. A bank, savings and loan association, trust company, attorney or any other
person or agency approved by the City Attorney to act as escrow agent under the provisions of
Section 1005.080 of this Chapter.
FEMA: Federal Emergency Management Agency.
FLOODPLAIN: That area within the City of Wildwood subject to a one percent (1 %), or greater,
chance of flooding in any given year. This area is designated on the FEMA Flood Boundary and
Floodway Maps and the City of Wildwood Zoning Map, and is subject to "FP" Floodplain
Regulations of the City of Wildwood Zoning Regulations, set out in Chapter 415..
FRONTAGE: That edge of a lot bordering a street.
HIGHWAY: See "STREET".
IMPROVEMENTS: Street pavement, turning lanes, traffic signals, bridges and culverts, sidewalk
pavement, pedestrian -way pavement, water mains, fire hydrants, storm sewers and roadside drainage
ditches, erosion, siltation control, sanitary sewers, signs, monuments, landscaping, street lights and
other similar items.
LAND SURVEYOR: A land surveyor registered in the State of Missouri.
LOT: A parcel of land created under the provisions of this Chapter intended to be separately owned,
developed, or otherwise used as a unit.
3
§ 1005.040 Wildwood City Code § 1005.040
LOT AREA: The area contained within the boundary lines of a lot, exclusive of any area designated
for street or common areas and any detention area, whether wet or dry.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE: A lot having frontage on two (2) non -intersecting streets, as
distinguished from a corner lot.
LOT, FLAG: A residential lot with two (2) discernible portions described as follows:
1. Access portion. That portion of the lot having frontage on or abutting a public road, with the
frontage being sufficient in width for a private drive to serve the building site portion.
2. Building site portion. That portion of the lot not fronting on or abutting a public road, but
connected to a public road by the access portion of the lot. The building site portion of the lot
must meet the minimum dimensions and arearequirements for lots in the particular zoning
district.
LOT SPLIT:: Any minor subdivision wherein the division or redivision of land meets the criteria set
forth in Section 1005.110 of this Chapter.
MASTER PLAN: The plan or any portion thereof for the coordinated development of the City of
Wildwood and adopted by the Planning and Zoning Commission.
M.H. T.D.: State of Missouri Highway and Transportation Department.
MONUMENT: A permanent marker to be made of materials and placed by a land surveyor at
locations specified in Section 1005.250 of this Chapter.
MSD: The Metropolitan St. Louis Sewer District.
PARKING SPACE: A paved vehicle storage area directly adjacent to the multiple -family access
street pavement.
PEDESTRIAN WAY.: An easement or right-of-way designated to facilitate pedestrian access to
adjacent streets and properties.
RIGHT-OF-WAY.: A strip of land reserved or acquired by dedication, prescription, condemnation,
gift, purchase, eminent domain or any other legal means occupied or intended to be occupied by a
street, sidewalk, railroad, utility, sewer, or other similar use.
ROAD, ROADWAY: See "STREET".
SETBACK: See "BUILDING LINE".
SILTATION CONTROL: The installation of such devices as sediment ponds, bales of straw, fencing,
siltation webbing, sodding, seeding and mulching, or other devices to prevent silting of abutting and
adjacent properties and roadways during the period of construction and up to and including such time
as permanent ground cover is attained.
SLOPE: The rate of deviation of the ground surface from the horizontal as expressed in percentages.
4
§ 1005.040 Subdivision And Development Regulations § 1005.040
STREET: A general term denoting a public or private way which affords the principal means of
vehicular access of abutting property. The term includes all facilities which normally occur within
the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway,
throughway, road, pike, avenue, boulevard, lane, place, court, but shall not include an alley or a
pedestrian way.
STREET, COITYCTOR: Collector streets function as secondary land service streets in that they
move traffic from the major streets, which distribute traffic regionally, to minor streets, which
distribute the traffic to individual lots, parcels and uses within the subdivision, area or neighborhood..
collector streets also may serve individual lots, parcels and uses as a secondary or additional
function.
STREET, CUL-DE-SAC: A short, independent, minor street terminating in a circular turnaround.
STREET, FRONTAGE OR SERVICE: A minor street generally parallel to and adjacent to arterial
streets and highways, which provides access to abutting properties and protection from through
traffic.
STREET LOOP: A short, independent street which usually terminates along the same collector street
of its origin.
STREET, MAJOR (ARTERIAL): A street utilized for high vehicular speeds or for heavy volumes of
traffic on a continuous route.
STREET, MINOR: Minor streets are exclusively land service facilities for access to abutting
properties, These serve the local neighborhood and may be in the form of a cul-de-sac or loop street;
provided however, that any combination of loop and cul-de-sac streets may be utilized without the
streets being designated as collector streets provided that such an arrangement serves the same
function and also that the maximum fronting lots do not exceed the total which would be allowed
within the provisions of the street specifications matrix.
STREET, MULTIPLE FAMILY ACCESS: A private way or driveway which affords a means of
vehicular access to parking areasand spaces and to abutting buildings in a multiple -dwelling unit
subdivision.
STREET, PRIVATE: A private way which affords the principal means of vehicular access to abutting
property.
SUBDIVISION:: A subdivision is:
1. A multiple -family subdivision; or
2. Any division or redivision of a tract or tracts of land in a residential zoning district; or
3. Dedication of a new street right-of-way; or
4. Non-residential subdivision; or
5. Establishment by easement or construction of any street other than a street for use only by a
single-family dwelling that directly accesses any public right-of-way.
5
§ 1005.040 Wildwood City Code § 1005.050
SUBDIVISION, LARGE -LOT: A single-family residential subdivision wherein all lots are three (3)
acres or more in area and each boundary side is greater than two hundred (200) feet in length.
SUBDIVISION, MINOR: Any classification of a subdivision wherein the division or redivision of
land meets the criteria set forth in Section 1005.130 of this Chapter.
SUBDIVISION, MULTIPLE -FAMILY: A tract of land, whether divided into separate lots or not,
which is intended for the construction of duplexes, multiple -family dwellings, row houses and other
arrangements of attached or connected building units.
SUBDIVISION, NON-RESIDENTIAL: Either:
1. A division or redivision of a tract of land into more than one (1) lot, plat or site for commercial
or industrial purposes; or
2. The dedication or establishment of a street, alley, pedestrian way in conjunction with or use in
any such tract.
SUBDIVISION, RESIDENTIAL (SINGLE-FAMILY): A subdivision for single-family or other
residential purposes.
SURETY COMPANY: An insurance company qualified and acting under the provisions of Chapter
379, Revised Statutes of Missouri which has met the requirements of Section 379.020 thereof and
which is approved by the City Attorney or to act as a surety under Section 1005.080 of this Chapter.
TITLE COMPANY: A corporation qualified and acting under the Missouri Title Insurance Law or
a corporation which is an issuing agency for an insurance company insuring land titles.
TRACT:: An area or parcel of land which the developer intends to subdivide and improve, or to
cause to be subdivided and improved, pursuant to the requirements of this Chapter.
TRUSTINDENTURE: Any recordable instrument by which common ground is held or maintained
or assessments in a subdivision are levied for the administration of specific maintenance obligations
or both.
ZONING REGULATIONS: Chapter 415, as from time to time amended, which controls and
regulates zoning for the City of Wildwood.
ADDITIONAL DEFINITIONS; Where not inconsistent with the language or intent herein, the
additional definitions set forth in the Zoning Regulations (Chapter 415) as amended are incorporated
herein and shall apply. (Ord. No. 209 §1005.040, 2-26-96)
SECTION 1005.050: SKETCH PLAN
A. Prior to submitting a preliminary plat for the subdivision of land within the City of Wildwood, a
developer may submit to the Department a sketch plan for the tract which shall include the following
information, all of which may be based on sources of information other than field survey data:
1. The location of the tract in relation to the surrounding area.
6
§ 1005.050 Subdivision And Development Regulations § 1005.060
2. The approximate location of all existing structures within the tract proposed to be retained and
wooded areas within the tract and within one hundred (100) feet thereof.
3. The names of the owners of all property adjoining the tract as disclosed by the most recent
Assessor's record.
4. All existing streets, roads, and approximate location of wet and dry weather watercourses,
floodplain areas, sink holes and other significant physical features within the tract and within
five hundred (500) feet thereof.
5. Approximate location of proposed streets and property lines.
6. A rough sketch of the proposed site plan, including the most recently available aerial
photograph at the appropriate scale for analysis purposes. This photograph shall not be older
than two (2) years from the plan submittal.
7. A north, arrow and scale.
8. Direction of and approximate distance to nearest existing major street intersection.
9. Approximate location of any historical building as identified by the St. Louis County or City
of Wildwood Historic Preservation Commission within the boundaries of the tract and within
five hundred (500) feet thereof.
B. The Department shall review and evaluate the sketch plan as soon as practicable and shall report to
the developer its opinion as to the merits and feasibility of the improvements contemplated by the
sketch plan.
C. In the event a developer elects not to submit a sketch plan, all information contained thereon shall
be submitted on or with the preliminary plat. (Ord. No. 209 §1005.050, 2-26-96)
SECTION 1005.060: PRELIMINARY PLAT
A. The developer shall prepare and submit to the Department such number of copies of a preliminary
plat of the tract as shall be required. Such preliminary plat shall be submitted after receipt of the
Department's report on the sketch plan, if a sketch plan was submitted. The preliminary plat shall
be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals two hundred
(200) feet, so long as the scale is an increment of ten (10) feet and shall contain the following
information:
1: All information required in Section 1005.050, Sketch Plan, if no sketch plan has been
submitted.
2. A key map and the most recently available aerial photograph at an appropriate scale for analysis
purposes showing the tract and its relation to the surrounding area. This photograph shall not
be older than two (2) years from the plan submittal.
3. A north arrow and graphic scale.
4. The name proposed for the tract or such part thereof as is proposed to be subdivided, which
shall be original and not a duplication of the name of any previously recorded subdivision or
7
§ 1005.060 Wildwood City Code §.1005.060
development in the City of Wildwood. The developer shall include a certification from the
Recorder of Deeds Office of St. Louis County to this effect.
5. The date of plan submission to the Department and the following names and addresses:
a. The record owner or owners of the tract.
b. The party who prepared the plat.
c. The party for whom the plat was prepared.
d. The engineer and land surveyor who will design improvements for and survey the tract or
such part thereof as is proposed to be subdivided..
6. The approximate area of the tract stated in tenths (0.1) of an acre.
7. Sufficient existing and proposed contour data to indicate the slope and drainage of the tract and
the high and low points thereof Contour data shall extend five hundred (500) feet beyond the
limits of the subdivision boundaries. U.S.G.S. data is required. Included with this information,
the appropriate U.S.G.S. Quadrangle Map highlighting the site's location shall be submitted.
8. The location of existing and proposed property lines, watercourses, sinkholes, areas within the
tract subject to inundation by stormwater, railroads, bridges, culverts, storm sewers, sanitary
sewers, easements of record, existing buildings including use or other identified improvements
that are to remain, and significant natural features such as wooded areas and rock formations.
9. The location of existing and proposed streets including additional right-of-way along existing
streets as required in Section 1005.180(1)(j).
10. The results of tests made to ascertain subsurface rock and soil conditions and the water table.
11. The zoning district, including delineation of floodplain zoning district, if any, and the township,
range, section, and U.S. Survey, school district, fire district, water company, and other special
districts in which the tract is located.
12. Any proposed alteration, adjustment or change in the elevation or topography of any area in a
floodplain zoning district or shown on the Federal Emergency Management Agency's (FEMA)
Flood Boundary and Floodway Maps.
13. Approximate area in square feet of minimum and maximum size of lots, if less than one (1)
acre in area, and in acres and tenths of acres if one (1) acre or more in area, into which the
tract is proposed to be subdivided.
14. Indicate approximate location of existing and proposed sidewalks and pedestrian walkways.
15. Indicate proposed building lines and setback requirements.
16. Proposed type of treatment or method of sewage disposal to include name of trunk line, lateral
or qualified sewage treatment system, where applicable.
17. If the developer intends to subdivide any portion of the parcel into a multiple -dwelling unit
subdivision or a subdivision being developed under a special procedure Section of Chapter 415,
8
§ 1005.060 Subdivision And Development Regulations § 1005.060
Zoning Regulations, then the preliminary plat shall, in addition, include the following data:
a. Gross area of tract.
b. Area in street.
c. Net area of tract.
d. Maximum number of units allowed and total site coverage of units.
e. Maximum number of units proposed.
f. Parking ratio, including total spaces provided.
g. Distance between structures..
h. Height of all proposed structures.
18. A certification by registered land surveyor or engineer who prepared the plat that the plat is a
correct representation of all existing and proposed land divisions.
19. Fire district and utility comments must be received prior to preliminary plat approval for
developments that have a single ingress and egress, and where variances are requested for
pavement width reduction, maximum cul-de-sac length and number of units or lots served on
a cul-de-sac.
B. Development of parcels, excluding any structures, within the floodplain shall require approval of a
floodplain study in accord with Section 1003.101 of Chapter 415, Zoning Regulations.
C. The Department shall review the preliminary plat with regard to requirements described in this
Chapter as soon as practicable, and:
1. If the plat is satisfactory, the Director or his authorized representative shall thereupon affix a
notation of approval, date of approval, and his signature on the plat, denoting satisfactory
compliance with the requirements of this Chapter. The plat shall be returned to the developer
who may then proceed in compliance with Section 1005.070 of this Chapter.
2. If the preliminary plat is unsatisfactory, the Department shall give notice to the submitting party
in writing, setting forth the conditions causing the disapproval, and the unsatisfactory conditions
shall be remedied prior to further consideration by the Department.
3. Whenever a preliminary plat includes a proposed establishment of common land, and the
Department finds that such land is not suitable for common land due to terrain, benefit to a
small portion of the lot owners, difficulty of maintenance, or any similar reason, the
Department may either refuse to approve such an establishment, or it may require the
rearrangement of the lots in the proposed subdivision to include such land.
4. The approval by the Department of the preliminary plat shall be valid for a period of one (1).
year from the date of approval or such longer period as the Director may determine to be
advisable if after review by the Department such longer period is necessary to facilitate adequate
and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or
other public requirements. If no record plat of a subdivision of any part of the tract for
9
§ 1005.060 Wildwood City Code § 1005.070
which a preliminary plat has been approved is recorded within the one (1) year period, or such
longer period as the Director shall permit, a resubmission and review thereof by the Department
may be required.
D. A copy of the preliminary plat shall be transmitted by the Department to the Department of Public
Works for their review and comments. (Ord. No. 209 §1005.060, 2-26-96)
SECTION 1005.070: IMPROVEMENT PLANS
A. After the preliminary plat is approved, improvement plans for the subdivision of all or any part of
the tract shall be submitted for review to the Department.
B. The non-residential developer may submit improvement plans after the preliminary plat is approved
on part of the non-residential subdivision only, and the review of the partial improvement plans shall
be as though they were being submitted in their entirety for the complete subdivision, so that the
non-residential developer may proceed with the construction and installation of the necessary
improvement to a specific industrial site. The cash or bond agreement guaranteeing the installation
of the improvements as set forth in Section 1005.080 of this Chapter shall cover only that portion
of the subdivision improvements required to serve the specific industrial site, and the record plat for
such an industrial site shall be approved by the Department in accordance with the terms set
forth in Section 1005.080 of this Chapter as though improvement plans submitted covered the entire
installation of the applicable improvements.
C. The plans, which detail the construction and types of materials to be used in conjunction with the
development of the subdivision, shall be prepared by a registered professional engineer. Any
alterations of the common land or improvement within the common land will require the submission
of detailed improvement plans and will be considered a required improvement.
D. Improvement plans shall be prepared on an exhibit not to exceed twenty-four (24) inches by thirty-
six (36) inches and shall contain the following information:
1. Title page, which shall include key map showing the relationship of the area to be subdivided
to the tract and which shall reflect areas of the tract previously subdivided plus adjacent streets.
In addition, the name, address and telephone number of the developer and engineering firm,
as well as a registered professional engineer's seal, should be indicated.
2. North arrow and graphic scale shall be indicated on each plan sheet.
3. One (1) or more benchmarks, in or near the subdivision, to which the subdivision is referenced.
The identity and elevation shall be based on U.S.G.S. datum.
4. List of the standards and specifications followed, citing volume, section, page, or other
references.
5. Grading and paving details conforming to the City of Wildwood standard specifications and
requirements.
6. Details of streets including location and width of all proposed public or private rights -of -way
and private roadway easements, existing and proposed sanitary sewers, drainage channels,
10
§ 1005.070 Subdivision And Development Regulations § 1005.070
swales, storm sewers, including adequate natural discharge points, detention facilities and silt
control measures.
7. Plans and profiles of streets and sewers, scale not less than one (1) inch equals fifty (50) feet
horizontal and one (1) inch equals ten (10) feet vertical.
E. The procedure for reviewing improvement plans shall be as follows:
1. Subdivisions within the operating limits of MSD. There shall be submitted copies of paving and
street grade plans, together with drainage maps and runoff sheets for stormwater, and sanitary
sewer plans. The plans may be reviewed concurrently by the Department of Public Works (for
review of sanitary laterals and private sanitary mains) and MSD. The Missouri Department of
Natural Resources shall be included as one (1) of the reviewing agencies when:
a. The tract to be developed is located within the operating, limits of a private sewer
company, other than MSD; or
b. If the tract to be developed requires a sanitary treatment facility.
Corrections or additions shall be made, if required. After MSD has approved the sanitary and
storm sewer plans, the approved plans shall then be submitted to the Department of Public
Works for review and final approval. Subsequent to final approval by the Department of Public
Works, the plans shall be forwarded to the Department of Planning for verification of
compliance with all other applicable provisions of this Chapter and appropriate zoning
requirements. Nothing in this Chapter shall prevent the developer from submitting improvement
plans to MSD prior to the improvement plans being submitted to the Department of Planning.
Complete approval of the plans by all reviewing agencies and payment of inspection fees
constitute authority to proceed with construction of improvements necessary to serve the
development.
2. Subdivisions not within the limits of MSD. There shall be submitted the required number of
paving and street grade plans together with drainage maps and runoff sheets for stormwater.
The plans may be reviewed concurrently by the Department of Public Works and the Missouri
Department of Natural Resources. Corrections or additions shall be made, if needed. When the
plans are satisfactory to those agencies reviewing same, they shall then be submitted for review
and verification by the Department. Complete approval of the plans by all reviewing agencies
and payment of inspection fees constitute authority to proceed with construction of
improvements necessary to serve the development.
F. Approval of the improvement plans by the respective agencies described above shall be valid for a
period of one (1) year from the date of approval, or for such longer period as the Director may
determine to be advisable if after review by the Department such longer period is necessary to
facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks,
playgrounds, or other public requirements. If the construction of the improvements shall not have
been completed within the one (1) year period or such longer period as the Director may permit, a
resubmission of the improvement plans to the appropriate agencies may be required by the
Department.
G. As -Built Drawing(s) Of Subdivision Improvements. After the sanitary sewers, storm sewers, sidewalks
and pavement have been constructed and installed, but before the inspecting agencies recommend
final approval or acceptance, the developer shall submit the required number of as -built drawings
of the above improvements. (Ord. No. 209 §1005.070, 2-26-96)
11
§ 1005.080 Wildwood City Code § 1005.080
SECTION 1005.080: IMPROVEMENTS INSTALLED AND GUARANTEED
A. Improvement Guarantee Required. 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 required by the approved improvement plans ("required
improvements") and guarantee maintenance of such improvements as required herein. Except
provided in Subsection (B), the developer shall either:
1. Complete the improvements in accordance with the approved improvement plans under the
observation and inspection of the appropriate public agency and establish a maintenance
agreement and provide a deposit to guarantee maintenance of such improvements as required
herein; or
2. Establish a deposit under a deposit agreement with the City of Wildwood guaranteeing the
construction, completion, and installation ("construction deposit"), and a separate deposit
amount for maintenance obligations ("maintenance deposit"), asrequired herein and for the
improvements shown on the approved improvement plans within the improvement completion
period approved by the Director, which shall not exceed two (2) years.
B. Exceptions.
1. No guarantee or deposit is required with the City for sanitary and storm sewers required by
MSD if MSD confirms that its requirements for assurance of completion are satisfied. This
provision shall not affect the intent or enforcement of any existing guarantee, escrow or
renewal, extension or replacement thereof.
2. The Director of Planning or Public Works may require any specific improvement to be installed
prior to approval of the record plat where fail to install such improvement prior to further
development could result in damage to the site or surrounding properties.
C. Deposit Options. Deposits required by this Section shall be in conjunction with a deposit agreement
and may be in the form of cash or letter of credit as follows:
1. Cash deposited with the City Clerk to be held in an interest -bearing account dedicated for that
purpose, with all interest accruing to the City to offset administrative and other costs of
maintaining the cash deposits;
2. An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form
approved by the City Attorney and the Director of Planning or Public Works, The instrument
may not be drawn on any financial institution with whom the developer or a related entity has
any ownership interest or with whom there is any joint financial connection that creates any
actual or potential lack of independence between the institution and the developer. The letter
of credit shall provide that the issuing institution will pay on demand to the City such amounts
as the City may require to fulfill the obligations herein and may be reduced from time to time
by a writing of the City Administrator. The letter of credit shall be irrevocable for least one (1)
year and shall state that any balance remaining at the expiration shall automatically be deposited
in cash with the City Clerk, unless a new letter of credit is issued and agreed to by the City or
the City issues to the institution a written release of the obligations for which the letter of credit
was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00)
to the City with submission of a letter of credit and one hundred dollars ($100.00) for any
amendment or extension thereto, to partially reimburse the City's administration and review
costs in accepting and maintaining such letter of credit.
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§ 1005.080 Subdivision And Development Regulations § 1005.080
D. Amount Of Deposit The amount of the deposit required by this Section shall be calculated as
follows:
1. Construction deposit The deposit required of a developer establishing a deposit agreement
pursuant to Subsection (A)(2) shall be, in addition to the separate maintenance deposit sum, in
the amount of one hundred ten percent (110%) of the Department of Public Works estimate of
the cost of the construction, completion and installation of the required improvements. The
Director of Public Works shall adopt, to the extent practical, schedules reflecting current cost
estimates of typically required improvements.
2. Maintenance deposit. The deposit required of a developer pursuant to Subsection (A)(1) and
(A)(2) for maintenance obligations shall be in the amount of ten percent (10%) of the
Department of Public Works estimate of the cost of the construction, completion and installation
of the required improvements. Themaintenancedeposit shall be established by cash sum or
submission of a separate letter of credit.
3. Where certain improvements are required to be installed prior to approval of the record plat
pursuant to Subsection (B)(2), the gross deposit amount for the construction deposits shall be
reduced by the estimated cost of such improvements.
E. Deposit Agreement —Releases. The deposit agreement shall be entered into with the City of
Wildwood, shall require the developer to agree to fulfill the obligations imposed by this Section, and
shall have such other terms as the City Attorney may require consistent with this Section. The
agreement shall authorize the Director of Planning to release the cash or reduce the obligation
secured under the letter of credit as permitted herein. Such releases or reductions may occur upon
completion, inspection and approval by the Director of Planning of all required improvements within
a category of improvements, or may occur from time to time, as work on specific improvements is
completed, inspected and approved, provided however, that:
1. Releases —general. The Director shall release the cash or release the letter of credit as to 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; and only in the amounts permitted herein.
2. Extension of completion period. If, atthe end of the improvement completion period, all the
improvements shown on the approved improvement plans .have not been completed, the
developer may request and the Director may grant an extension to 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; provided, that the
Director may require as a condition of the extension execution of a new agreement,
recalculation of deposit amounts, or satisfaction of new code requirements or other reasonable
conditions as may be needed to ensure that the extended agreement fully complies with the
terms of Section 1005.080.
3. Construction deposit releases. After an inspection of any specific improvements, the Director
may at the Director's discretion release up more than ninety five percent (95%) of the original
sum deposited for the construction of such specific required improvements. Irrespective of any
discretionary prior releases that may be authorized by the Director after completion of any
component of the guaranteed improvements (i.e. less than all of the improvements in a given
13
§ 1005.080
Wildwood City Code § 1005.080
category), the remaining amount held for any category of improvements for the entire
subdivision shall be released within thirty (30) days of completion of all of the improvements
in such category of improvement, minus a retention of five percent (5%) which shall be released
only upon completion of all improvements for the subdivision. The Director shall establish the
improvement categories, which may consist of improvement components or line items, to be
utilized for calculation of deposit amounts, but such categories, components, and line items shall
in no way modify or reduce the developer's guarantee as to all required improvements,
irrespective of any release or completion of any category, or underlying component or line
item. All improvements in a category shall be deemed complete only when (1) each and every
component and line item within a category for the entire subdivision has been constructed and
completed as required, (2) the developer has notified the Director in writing of the completion
of all components of the category, provided all necessary or requested documentation, and
requests an inspection, (3) the developer is not in default or in breach of any obligation to the
City under this Section including, but not limitedto, the Director's demand for maintenance or
for deposit of additional sums for the subdivision, (4) the inspection has been completed and
the results of the inspection have been approved in writing by the Director. Releases of the
maintenance deposit amounts shall be as provided elsewhere in this Section for maintenance
deposits.
4. Effect of release —continuing obligations. The developer shall continue to be responsible for
defects, deficiencies and damage to public streets and other required improvements during
development of the subdivision. No inspection approval or release of funds from the
construction deposit as to any component or category shall be deemed to be City approval of
improvement or otherwise release the developer of its obligation relating to the completion of
the improvements until the final subdivision release on all improvements and maintenance is
issued declaring that all improvements have in fact been constructed as required. Inspection and
approval of any or all required improvements shall not constitute acceptance of the improvement
by the City as a public improvement for which the City shall bear any responsibility.
5. Deficient improvements: No approval of required improvements shall be granted for
improvements that fail to meet the specifications established herein or otherwise adopted by the
Department of Public Works.
6. Final construction deposit release. Upon final inspection and approval of all required.
improvements, the remaining amount of the construction deposit shall be released; provided,
that no such funds shall be released on a final inspection until the development of the
subdivision is complete, as determined by the Director of Planning.
7. Appeals. If the developer believes that a release or certificate of completion has been improperly
denied including, but not limited to, under Subsections (E) or (F), an appeal shall be filed
pursuant to the City's Administrative Code, Chapter 150, and no such denial shall be deemed
final until such appeal procedure has been exhausted.
F. Maintenance Guarantee.
1. Scope and duration. Upon commencement of installation of the required improvements within
the subject subdivision, the developer shall be responsible for the maintenance of the
improvements, including undeveloped lots, streets, sidewalks, common areas, and storm and
drainage facilities, until the sooner of the (1) expiration of eighteen (1 8) months after acceptance
for public dedication of the specific improvement by the City, or (2) expiration of eighteen (18)
14
§ 1005.080 Subdivision And Development Regulations § 1005.080
months after occupancy permits have been issued on ninety-five percent (95%) of all of the lots
in the subdivision plat(s) subject to the deposit agreement. Maintenance shall include repair or
replacement of all defects, deficiencies and damage to the improvements that may exist or arise,
abatement of nuisances caused by such improvements, removal of mud and debris from
construction, erosion control, grass cutting, removal of construction materials (except materials
to be used for construction on the lot or as permitted by site plan), and street de-icing and snow
removal. All repairs and replacement shall comply with City specifications and standards. Any
maintenance on improvements accepted by the City for public dedication shall be completed
under the supervision of and with the prior written approval of the Director of Public Works.
The maintenance obligation for required improvements to existing public roads or other existing
public infra -structure already maintained by a public governmental entity shall terminate on and
after the date such improvements have been inspected, deposit released, and accepted by the
Governing Body of the governmental entity for dedication. Irrespective of other continuing
obligations, the developer's street de-icing and snow removal obligations shall terminate on the
date a street is accepted by the City for public maintenance.
2. Maintenance deposit —amount —use.
a. The maintenance deposit shall be retained by the City toguarantee maintenance of the
required improvements and, in addition to being subject to the remedies of Subsection (G)
and other remedies of this Code, shall be subject to the immediate order of the Director
of Public Works or Planning to defray or reimburse any cost to the City of maintenance
or repair of improvements related to the subdivision which the developer fails or refuses
to perform. Such costs shall include off -site damage caused by deficiencies in the
improvements or failure of maintenance. Except in emergency circumstances or where
action is otherwise required before written notice can be provided, the Director of Planning
shall provide the developer with a written demand and opportunity to perform the
maintenance before having such maintenance performed by the City. The Director shall
have the authority to require the maintenance deposit to be placed or replenished by the
developer in any form permitted for an original deposit where the amount remaining is
determined to be insufficient or where the maintenance deposit was drawn upon by the City
for maintenance.
b. In determining the amount of maintenance deposit that shall continue to be held, portions
of the deposit amount that were attributable to improvementthat have been accepted by any
third -party governmental entity or utility legally responsible for the maintenance of the
improvement may be released upon such acceptance of improvement by the entity. The
Director of Planning may approve such further releases if it is determined in his or her
discretion, after inspection of the improvements, that the total maintenance amount retained
is clearly in excess of the amount necessary for completion of the maintenance obligation,
after all reasonable contingencies are considered.
3. Final maintenance deposit release. Upon expiration of the maintenance obligations established
herein, the Director of Planning shall cause a final inspection to be made of the required
improvements. Funds shall then be released if there are no defects or deficiencies found and all
other obligations are shown to be satisfied on inspection thereof, or at such time thereafter as
any defects or deficiencies are cured with the permission of, and within the time allowed by,
the Directors of Public Works and Planning This release shall in no way be construed to
indemnify or release any person from any civil liability that may exist for defects or damages
caused by any construction, improvement or development for which any deposit has been
released.
15
§ 1005.080 Wildwood City Code § 1005.080
G. Failure To Complete Improvements. The obligation of the developer to construct, complete, install
and maintain 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 Director, nor shall
any deposit agreements or obligations hereunder be assignable by developer. 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, accepted and maintained as required, or if the developer shall violate any provision of the
deposit agreement, the Director may notify the developer to show cause within not less than ten (10)
days why the developer should not be declared in default. Unless good cause is shown, no building
or other permit shall be issued to the developer in the subdivision during any period in which the
developer is in violation of the deposit agreement or Subdivision Code relating to the subdivision.
If the developer fails to cure any default or present compelling reason why no default should be
declared, the Director shall declare the developer in default and may take any one (1) or more of
the following acts:
1. Deem the balance under the deposit agreement not theretofore released as forfeited to the City,
to be then placed in an appropriate trust and agency account subject to the order of the Director
of Public Works or Planning for such purposes as letting contracts to bring about the completion
or maintenance of the improvements indicated on the approved improvement plans or other
appropriate purposes in the interest of the public safety, health and welfare; or
2. Require the developer or surety to pay to the City the balance of the surety not theretofore
released; or
3. Require the developer to submit an additional cash sum sufficient to guarantee the completion
or maintenance of the improvements indicated on the approved improvement plans after
recalculation in order to allow for any inflated or increased costs of constructing or maintaining
the improvements.
The failure of a developer to complete the improvement obligations within the time provided by the
agreement (or any extension granted by the City), and including the payment of funds to the City
due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default
entitling the City to all remedies provided in this Section without further or prior notice. It shall be
the sole responsibility of the developer to timely request an extension of any deposit agreement if
the improvements are not completed in the original time period provided by the deposit agreement,
and no right to any extension shall exist or be assumed.
H. Other Remedies For Default. If the developer or surety fails to comply with the Director's
requirements for payment as described above or fads to complete the improvements as required or
otherwise violates the deposit agreement provisions, and there is a risk that development will
continue in the subdivision without the timely prior completion of improvements or compliance with
deposit agreement provisions, the Director may in addition or alternatively to other remedies:
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 Director shall give the
developer ten (10) days' written notice of an order under this Subsection, with copies to all
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
16
§ 1005.080 Subdivision And Development Regulations § 1005.080
the ten (10) day period after notice is given, the Director is not convinced by compelling
evidence that completion of the improvements is adequately assured and maintenance of streets
assured as provided herein, the Director shall order construction suspended on the undeveloped
portion of the subdivision. The order shall be served upon the developer, with a copy to the
issuer of the 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 Director at the
subdivisions or lots subject to said order. The notice shall contain the following minimum
language, which may be supplemented at the discretion of the Director.
a. If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY
THE CITY OF WILDWOOD DIRECTOR OF PLANNING. NO DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE
PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY
OF WILDWOOD DIRECTOR OF PLANNING 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 420, CITY OF WILDWOOD REVISED ORDINANCES.
b. If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF
WILDWOOD DIRECTOR OF PLANNING. NO DEVELOPMENT, CONSTRUCTION,
BUILDING OR DEMOLITION IN ANY MANNER. SHALL TAKE PLACE WITHIN THE
LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF WILDWOOD DIRECTOR
OF PLANNING 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 420, CITY OF WILDWOOD REVISED ORDINANCES.
The Director of Public Works shall not thereafter authorize construction to take place contrary
to the Director's order. The suspension shall be rescinded in whole or in part only when the
Director is convinced that completion of the improvements is adequately assured in all or an
appropriate part of the subdivision and a guarantee of public street maintenance provided; or
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 City of Wildwood
and such incorporated areas as are under City of Wildwood jurisdiction. The Director shall give
the developer ten (10) days' written notice of an order under this clause, with a copy to sureties
known to the Director to have obligations outstanding on behalf of the developer or related
entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the
ten (10) day period after notice is given, the Director is not convinced by compelling evidence
that completion of the improvements is adequately assured and maintenance of streets assured
as provided herein, the Director shall order construction suspended. The order shall be served
upon the developer, with a copy to the surety as appropriate, and a copy recorded with the
Recorder of Deeds. The Director of Public Works shall not thereafter authorize construction
to take place contrary to the Director's order. The suspension shall be rescinded only when the
Director is convinced that completion of the improvements is adequately assured and public
street maintenance as assured.
17
§ 1005.080 Wildwood City Code § 1005.085
I. Suspension Of Development Rights. 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 Director, including any escrow or bond under any prior version of this Section,
1. The Director shall be authorized, but not be limited, to thereafter pursue the remedies of
Subsection (H) of this Section; and
2. The rights of the Developer, or any related entity, to receive development approval, which
approval shall include, but not be limited to, approval of any plat or deposit agreement for new
or further development in the City, shall be suspended. The suspension shall be rescinded only
when the Director is convinced that completion and maintenance of the improvements is
adequately assured.
J. Additional Remedies. If any party fails to comply with any obligation of this Section, the Director
may recommend that the City Attorney take appropriate legal action and may also withhold any
building or occupancy permits to this developer or related entities until such compliance is cured.
The City shall also have the right to partially or wholly remedy a Developer's deficiencies or
breached obligations under this Code by set-off of any funds or assets otherwise held by the City of
the Developer to the maximum extent permitted by law. Such set-off shall occur upon written notice
of such event by the Director of Planning or Director of Public Works to the Developer after the
Developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit
agreement authorized under this. Chapter that the developer shall pay the City's costs, including
reasonable attorney's fees, of enforcing such agreement in the event that the developer is judicially
determined to have violated any provision herein or in such agreement. The developer may appeal
any decision taken pursuant to this Section by filing an appeal under the City's administrative review
procedure.
K. Related Entities. For purposes of this Section, "related entity" has the following meaning: a
developer is a "related entity" of another person:
1. If either has a principal or controlling interest in the other, or
2. If any person, firm, corporation, association, partnership, or other entity with a controlling
interest in one has a principal or controlling interest in the other.
The identification of related entities shall be supported by documentation from the Secretary of
State's Office, Jefferson City, Missouri. (Ord. No. 209 §1005.080, 2-26-96; Ord. No. 555 §1, 8-
23-99)
SECTION 1005.085: ACCEPTANCE AND FINAL APPROVAL
Before the developer's obligation to the City of Wildwood is terminated, all required improvements
shall be constructed under the observation and inspection of the inspecting agency and accepted for
18
§ 1005.085 Subdivision And Development Regulations § 1005.090
maintenance or given final approval by the City of Wildwood. Approval of any preliminary or final
plat or plan shall not create a vested right in all or any portion thereof. Where a change in
circumstances or law or discovery of new facts occurs, the Director of Planning may initiate changes
that would not cause an undue hardship in any such plat or plan, or portion thereof, for which
building construction has not substantially commenced. (Ord. No. 209 §1005.085, 2-26-96)
SECTION 1005.090: RECORD PLAT
A. The record plat shall substantially conform to the preliminary plat. A record plat shall delineate all
developed lots created by the plat except as follows. If a record plat does not include all property
in an approved preliminary plat, or all remaining property where previous record plats of a portion
of the subdivision have been recorded:
1. In a single-family or multiple -family subdivision, no property may be omitted:
a.. If a resulting tract is less than (10) acres in area or any resulting side of an omitted tract
is less than three hundred (300) feet in length, unless such a side is the original boundary
of the original legally -existing tract. Until subdivided, such omitted tract is a developable
lot, on which no more than one (1) residence may be constructed; or
b. Unless the development is a density development, in which case the omitted property is not
developable and does not constitute a lot of record for any purpose under Chapter 415,
Zoning Regulations, or this Chapter until included in a record plat.
2. In a non-residential subdivision, omitted property is not developable and does not constitute a
lot of record for any purpose under Chapter 415, Zoning Regulations, or this Chapter until
included in a record plat.
B. A multiple -family subdivision tract may be developed in two (2) or more phases, which shall be
clearly indicated on the record plat. The record plat for each phase shall include all previous phases
and a reference to the book and page of their recording, and all future phases. Areas designated as
future phases need not indicate easements or parking and drive locations, and are not developable
until such phases are recorded. Improvement plans and installation or guarantee of improvements
are not required for areas designated as future phases, except that the Department may require such
improvements as are necessary to serve the phase proposed for present development.
C. Multiple -family subdivision record plats, or the phase proposed for present development of multiple -
family tracts to be developed in phases, shall establish all necessary easements and parking and drive
locations. The plat shall contain script restricting parking and drive areas to such purposes.
D. The record plat shall be on tracing cloth, drafting film, or the equivalent, together with copies of
any deed restrictions which are required by ordinance, where such are too lengthy to be shown on
the plat, and shall be submitted to the Department for its approval. A copy of the plat should be
submitted to the City of Wildwood for review and comment. Script corrections can be made after
approved by City Council, but prior to recording. Upon approval on the final plat by the City
Council, the Director shall place a signature on the plat with the date of such approval.
E. The record plat shall be filed with the Recorder of Deeds within sixty (60) days after approval by
the City Council. If any record plat is not filed within this period, the approval shall expire.
19
§ 1005.090 Wildwood City Code § 1005.090
F. The record plat shall be prepared by a registered land surveyor, at any scale from one (1) inch
equals twenty (20) feet to one (1) inch equals one hundred (100) feet in any increments of ten (10)
feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six
(36) inches by forty-two (42) inches. In certain unusual instances where the subdivided area is of
unusual size or shape, the Department may permit a variation in the scale or size of the record plat.
If more than one (1) sheet is required, a key map on Sheet No. 1 showing the entire subdivision at
reduced scale shall be provided if required by the Department.
G. The record plat shall be executed by the owner and lienors.
H. The record plat shall show and be accompanied by the following information:
1. North arrow and graphic scale.
2. The boundary lines within the outboundary lines of the subdivision with accurate distances and
bearings; also all section, U.S. Survey and congressional township and range lines; and the
boundary lines of municipalities; sewers, schools, and other legally established districts within
and the name of or description of any of the same adjacent to or abutting on the subdivision.
3. The lines of all proposed streets and alleys with their widths and names.
4. An accurate delineation of any property offered for dedication to public use.
5. The line of departure of one street from another.
6. The boundary lines of all adjoining lands and the right-of-way lines of adjacent streets and
alleys with their widths and names.
7. All lot lines and an identification system for all lots and blocks.
8. Building lines, including minimum side and rear yard setbacks on a typical lot and easements
or rights -of -way provided for public or private use, services, or utilities, with figures showing
their dimensions, and listing types of uses that are being provided.
9. All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the
boundaries of the subdivision, blocks, lots, streets, alleys, easements, building lines, and of any
other areas for public or private use. The linear dimensions are to be expressed in feet and
decimals of a foot.
10. All survey monuments, together with the descriptions.
11. Area in square feet for each lot or parcel on the plat or a supplemental sheet showing same.
12. Name of subdivision and description of property subdivided, showing its location and area.
13. Certification by a land surveyor who performs the property survey to the effect that the plat
represents a survey made by him, and that the locations of all required survey monuments,
installed or to be installed, are correctly shown thereon. The month and year during which the
survey was made shall also be shown.
14. Private restrictions and trusteeships where required by ordinance and their periods of existence.
20
§ 1005.090 Subdivision And Development Regulations § 1005.090
Should such restrictions and trusteeships be of such length as to make the lettering of same on
plat impracticable and thus necessitate the preparation of a separate instrument, reference to
such instrument shall be made on the plat.
15.. When elderly housing is being developed on site and a variance has been granted per Chapter
415, Section 1003.165(D)(13), "Elderly Housing" shall be indicated in the tide.
16. The subdivision name approved on record plat shall constitute the subdivision's official name.
When a subdivision name has been changed, all subsequent plats submitted for processing shall
reference the original name, which should include names recorded on site development concept
and section plans. Any other name used for advertising or sales purposes does not constitute
an official revised name unless approved on a plat of record approved by the City Council.
17. If the developer places restrictions on any land contained in the subdivision that is greater than
those required by Chapter 415, Zoning Regulations, or this Chapter, such restrictions or
references thereto should be indicated on the plat.
18. Zoning district, and zoning district boundary line when property is located in more than one (1)
district, special procedure or planned district and ordinance numbers or date of order (density
development) when applicable.
19. Accurately noteelevation referring to mean U.S.G.S. datum for permanent benchmark.
20. Cumulatively, all record plats shall contain enough common land to support the lots platted. All
remaining common ground is to be platted with the recording of the final lot, unit or phase of
the development.
I. Prior to the Department forwarding the record plat to City Council, the developer shall provide the
Department with the following documents as they may be applicable:
1. Guarantee of installation of water mains from Missouri -American Water Company.
2. Street lighting contract from AmerenUE. Submittal of contract is optional and is to be accepted
in lieu of anincreased value for escrow of actual construction costs.
3. Verification of street names and addresses from U.S. Postal Service -Customer Services
Department.
4. Verification of location of fire hydrants and adequacy of water supply from applicable fire
district.
5. Tax certificate or copy of paid tax bill from the Office of the St. Louis County Collector of
Revenue and Clerk of the City of Wildwood.
6. Highway inspection fees or payment verification from the City of Wildwood Department of
Public Works of highway inspection fees paid.
7. Subdivision processing fees,
8. Any special study or engineering calculations required.
21
§ 1005.090 Wildwood City Code § 1005.095
9. Trust indenture and warranty deed for common land conveyance, accompanied by a letter of
compliance from an attorney.
10. Letter from sanitary sewer company certifying connection fees have been paid.
11. Verification of proper placement of survey monuments from the Department of Public Works.
(Ord. No. 209 §1005.090, 2-26-96)
SECTION 1005.095: TRUST INDENTURES
A. In any case where the establishment of common land (including pedestrian walkways and cul-de-sac
islands), private streets, street lighting, drainage facilities such as detention basins and drainage pipe
and ditches or any other improvement that requires continuous maintenance, a trust indenture shall
be recorded simultaneously with the record plat. The -indenture shall -provide for proper maintenance
and supervision by the trustees who are selected to act in . accordance with the terms of such
indenture and the applicable provisions of this Chapter. For single -lot developments and
developments with no common ground the Department may accept script certifying the means of
maintenance on the record plat. Common land shall be conveyed by the owner in fee simple
absolute title by warranty deed to trustees whose trust indentures shall provide that the common land
be used for the benefit, use and enjoyment of the lot owners present and future and shall be the
maintenance responsibility of the trustees of the subdivision and that no lot owner shall have the right
to convey his interest in the common land except as an incident of the ownership of a regularly
platted lot.
B. Any trust indenture required to be recorded, or recorded for the purpose of compliance with
provisions of this Chapter or Chapter 415, Zoning Regulations, shall provide for not less than the
following representation of purchasers of developed lots among the trustees: one-third OM of the
trustees shall be chosen by purchasers of developed lots after fifty percent (50%) of the lots have
been sold; two-thirds (Vs) of the trustees shall be chosen by purchasers of developed lots after
seventy-five percent (75%) of the lots have been sold; all of the trustees shall be chosen by
purchasers of developed lots after all of the lots have been sold.
C. Where the provisions of such a trust indenture cannot be fulfilled by reason of unfilled vacancies
among the trustees, the City Council may, upon the petition of any concerned resident or property
owner of the subdivision, appoint one (1) or more trustees to fill vacancies until such time as trustees
are selected in accordance with the trust indenture. Any person so appointed who is not a resident
or property owner within the subdivision shall be allowed a reasonable fee for his services by the
order of appointment, which fee shall be levied as a special assessment against the property in the
subdivision and which shall not be subject to any limitation on special assessments contained in the
trust indenture or elsewhere.
D. A trust indenture shall be required for a large -lot subdivision only in the event that common land
is contained within the subdivision.
E. Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an
attorney licensed to practice in the State of Missouri, setting forth the attorney's legal opinion as to
the legal form and effect of the deeds and trust indenture. The deeds and indenture shall be approved
by the Department and the City Attorney prior to being filed with the Recorder of Deeds of St.
Louis County simultaneously with the recording of the record plat, with a copy to be filed with the
City of Wildwood.
22
§ 1005.095 Subdivision And Development Regulations
§ 1005.110
F. Term of indentures for all types of subdivisions, including planned districts and special procedures,
shall be for the duration of the subdivision. In the event the subdivision is vacated, fee simple title
shall vest in the then lot or unit owners as tenants in common. The rights of the tenants shall only
be exercisable appurtenant to and in conjunction with their lot or unit ownership. Any conveyance
or change of ownership of any lot or unit shall convey with it ownership in the common land, and
no interest in the common land shall be conveyed by a lot or unit owner except in conjunction with
the sale of a lot or unit. The sale of any lot or unit shall carry with it all the incidents of ownership
of the common land although such is not expressly mentioned in the deed; provided however, that
no right or power conferred upon the trustees shall be abrogated. (Ord. No. 209 §1005.095, 2-26-
96)
SECTION 1005.110: LOT SPLIT PROCEDURE
A. No lot split shall be recorded in the Office of the Recorder of Deeds unless and until approved by
Department of Planning in compliance with this Section.
B. Whenever there is a tract or previously subdivided parcel under single ownership which is to be
resubdivided into two (2) lots, and which exists as a legal lot of record, such a division may be
designated as a "lot split" if the following criteria are met:
1. No additional improvements are required that would necessitate the posting of an escrow or
bond, including concrete sidewalks, water mains, and landscaping within a street right-of-way
dedication. Establishment of a right-of-way only shall not be construed as an improvement in
this Section.
2. No provisions for common land or recreational facilities are included in the proposal.
3. The use of the lot split procedure does not adversely affect the subject parcel or any adjoining
properties.
4. The proposed lot split is not in conflict with any provisions of Chapter 415, Zoning
Regulations, of any special procedure permit, or of this Chapter.
5. No variances are required from this division.
C. The procedure for approval of a lot split shall be as follows:
1. Two (2) drawings of a certified survey, prepared by a land surveyor registered in the State of
Missouri on paper not less than eight and one-half (8' ) inches by eleven (11) inches in size
showing the following shall be submitted:
a. A legal description of both the original lot and each of the proposed lots. This must be
surveyed and performed by a registered surveyor.
b. North arrow and graphic scale.
c. Location of proposed and existing streets and adjoining property.
d. Location of all existing buildings.
23
§ 1005.110 Wildwood City Code § 1005.130
e. Within their boundaries approval of the Missouri -American Water Company and the
Metropolitan St. Louis Sewer District shown on the tract drawings.
f. Name, address and telephone number of the owner of record and a copy of the deed of
record.
2. The following items shall accompany the required survey:
a. Filing fee as set forth in Section 1005.370 of this Chapter.
b. Certificate from the office of the St.. Louis County Collector of Revenue and Clerk of the
City of Wildwood showing that there are no delinquent taxes outstanding:
c. Verification of fire hydrants and adequacy of water supply from applicable fire protection
district.
d. Verification of proper placement of survey monuments from the City of Wildwood, or an
escrow agreement or land subdivision bond to guarantee installation of survey monuments
in accord with Section 1005.080 of this Chapter.
3. The Department shall review the proposed lot split to insure compliance with all design and
improvement requirements of this Chapter and Chapter 415, Zoning Regulations. Lot splits
found to be in compliance with the above requirements shall be approved by the Department
and shall be recorded with the Recorder of Deeds of St. Louis County, with a copy fled with
the City of Wildwood. (Ord. No.. 209 §1005.110, 2-26-96)
SECTION 1005.130: MINOR SUBDIVISIONS
A. A subdivision shall be considered a minor subdivision if the division or redivision of land does not
establish more than four (4) lots wherein all the following criteria are met:
1. The proposed subdivision of land does not include an improvement within a street right-of-way,
other than concrete sidewalks, landscaping, monuments, lateral extensions of sanitary and storm
sewers, and water mains. Establishment of a right-of-way only shall not be construed as an
improvement in this Section. However, concrete sidewalks, landscaping, street lights,
monuments, and water mains shall be required unless waived. Requirement of any additional
improvements or the use of any special procedure of Chapter 415, Zoning Regulations, shall
disqualify the proposed subdivision from consideration as a minor subdivision.
2. The proposed subdivision of land does not include a provision for common land or recreational
facilities.
3. The proposed subdivision of land does not adversely affect, as determined by the Director of
Planning, the development of the parcel proposed for subdivision as well as the adjoining
property.
4. The proposed subdivision of land is not in conflict with any provisions of Chapter 415, Zoning
Regulations, or this Chapter.
5. Where a minor subdivision is proposed that fronts on the existing City or County maintained
road that is proposed for widening improvements as determined by the Department of Planning
24
§ 1005.130 Subdivision And Development Regulations § 1005.135
after a report from the Department of Public Works, the developer may request to have waived
the submission of improvement plans for the construction of sidewalks which involve extensive
grading, steep topography, or other unusual conditions which would prohibit construction,
verified by the Department of Public Works and, in lieu thereof, post bond or escrow to insure
that thesidewalks will be installed as part of the street widening improvement.
B. The Director may waive without a variance request the requirement of submission of all other plans
except the record subdivision plat. However, in such cases, pertinent data as required by the
Department and set forth in Section 1005.060, Preliminary Plat, shall be submitted to the
Department for review.
C. If the requirement of submission of all other plans except the record subdivision plat has not been
waived, improvement plans for sidewalks may be required and shall be submitted for review and
approval in accord with provisions of Section 1005.070 of this Chapter:; Further, the developer shall
prepare and submit to the Department such number of copies of a preliminary plat of the tract as
required by Section 1005.060, Preliminary Plat.
D. All requirements of Section 1005.090, Record Plat, shall be likewise required prior to approval of
any minor subdivision. (Ord. No. 209 §1005.130, 2-26-96)
SECTION 1005.135: LARGE -LOT SUBDIVISION
Where the proposed division of land constitutes a large -lot subdivision, the following supplemental
provisions shall apply:
1. Lot design standards. The standards of Section 1005.150 shall apply in addition to the
following:.
a. Access for proposed lots shall be provided by either private roadway easements, which
may be included as part of the gross area of the lot, or public right-of-way dedications
(when compatible with the City's Master Plan). Lots with double frontage shall normally
have driveway access to the internal private roadway or minor street. All access shall be
flood -free in design (floodplain limits shall be defined by the Federal Insurance Rate Map
promulgated by the Federal Emergency Management Agency or as:directed by the City of
Wildwood Director of Public Works). Any other access shall be approved where justifiable
topographic and other site conditions are presented which prohibit access from the internal
street.
b. Building setbacks of the zoning district shall be observed from designated private roadway
easement lines and public right-of-way.
c. Where there is a question as to the feasibility of access to a building site due to factors
such as creeks, floodplain, steepness of terrain, or other adverse natural physical conditions
or the existence of traffic issues, lighting considerations, or engineering problems, the
Department may withhold approval until these studies are presented to the Department
which establish that the site is accessible, safe, and designed in accord with its physical
characteristics and the surrounding development pattern.
d. All lots containing three (3) acres more shall have a minimum width at the building line
of two hundred (200) feet.
25
(3)
§ 1005.135 Wildwood City Code § 1005.135
e. Minimum frontage width shall be determined at the building line, except that lots fronting
on a circular turnaround shall have a minimum width at the required building line of one
hundred (100) feet.
2. Improvements.
a. Improvements shall be required as for other single-family residential subdivisions, except
as expressly excepted in this Section. Improvement plans shall be submitted consistent with
Sections 1005.070 and 1005.240 of the City of Wildwood Subdivision Code.
b. Improvements shall be installed and guaranteed in accordance with Section 1005.080 of the
City of Wildwood Subdivision Code.
c. Streets.
(1)
Access roadway easement or rights -of -way shall have a minimum width of forty (40)
feet, which must extend to an existing public right-of-way.
(2) When a large -lot subdivision is proposed adjacent to or accessing a street that is
accepted and maintained by the City of Wildwood or St. Louis County (arterial
roads), right-of-way dedication may be required as necessary for the relocation or
widening for an adjoining County or City road.
Private and public streets shall be constructed and adhere to the design criteria and
requirements of the City of Wildwood's Rural Roadway Standards for these
improvements.
(4) Where multiple plats or further development is contemplated to access a private road,
each plat shall include similar road maintenance provisions ensuring cross -access
rights and maintenance obligations.
d. Sidewalks or multiple -use trails shall be required for large -lot subdivisions, unless waived
by the Director of Public Works due to topographic problems or similar engineering
considerations, site characteristics, condition and extent of existing pedestrian network, or
safety considerations and accident rates. Sidewalks or trails shall comply with the City's
design criteria requirements and be constructed as directed by the Department of Public
Works.
e. Water supply. Public water shall be utilized in all instances, if reasonably accessible. In the
absence of a public water supply, wells shall be constructed ora connection to a private
water supply system shall be provided so that an adequate supply of potable water will be
available to every lot in the subdivision. The standards for same shall comply with the
requirements of the Missouri Department of Natural Resources.
f. Stormwater improvements. Stormwater drainage improvements shall be required in
conformance with Section 1005.290 of the City of Wildwood Subdivision Code.
g: Sanitary sewers.
(1) Where an approved public sanitary sewer is within two hundred (200) feet or
reasonably accessible of a site, a connection of the residential subdivision is required.
26
§ 1005.135 Subdivision And Development Regulations § 1005.135
(2) Where an approved publicly or privately owned sanitary sewer is not located within
two hundred (200) feet or 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, the Department of Public Works,
Metropolitan St Louis Sewer District, or private sewer district, within their limits,
the developer shall install sewers in conformity with such plans, although a connection
to an existing main may not be immediately practicable. In such cases, and until a
connection is made with an approved publicly or privately owned sewer system, the
use of a sewage treatment facility will be permitted, provided such disposal facilities
are constructed in accordance with the regulations and requirements of the Missouri
Department of Natural Resources and the Zoning Ordinance and constructed under the
observation and inspection of Metropolitan St. Louis Sewer District or private sewer
company, within its limits, and the Department of Public Works.
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 and Section 1005.300; provided, that the
Director of Planning shall have the authority to waive the centralized treatment for
subdivisions of seven (7) lots or less, where such system is not possible and the
waiver is consistent with the intent of the Code.
(3)
h. Street signs shall be required for large -lot subdivisions at the intersections of any
designated private roadway easements and where said easements access an existing or
proposed publicly maintained street. Such signs shall be placed within an easement or the
public right-of-way in accord with the standards of the City of Wildwood..
i. In a large -lot subdivision, a street light shall be required only at each intersection of a
private roadway easement with an existing or proposed public maintained street.
j. A landscape plan shall be required for large -lot subdivisions. The landscape plan shall
indicate compliance with the City of Wildwood Municipal Ordinance 410 Tree Preservation
and Restoration Code and accompanying Tree Manual.
k. The dedication of easements for multiple -use trails within these large -lot subdivisions may
be required, where consistent with the intent of the City's Master or Parks Plans,
preferably adjoining the private roadway easement. These trails may be in lieu of required
sidewalks where internal circulation will be adequately accomplished.
1. For large -lot subdivisions, monuments shall be required at corners and angle points of the
outboundary only. Boundaries of individual lots shall be identified by monuments at their
corners, and at other such locations selected by the developer. Public streets within a large -
lot subdivision shall contain monumentation to identify the street right-of-way as required
for subdivisions of lots of less than three (3) acres.
3. Private agreements.
a. A trust indenture shall be required for a large -lot subdivision and shall address maintenance
of any common land, common sewage treatment facilities, or recreational facilities
contained within the subdivision as well as street lights and roads.
b. Private restrictions proposed for the subdivision shall be reviewed by the Department of
Planning. (Ord. No. 209 §1005.135, 2-26-96; Ord. No. 568 §1, 9-25-00)
27
§ 1005.140 Wildwood City Code § 1005.150
SECTION 1005.140: VACATION OF SUBDIVISION
The following procedure shall be followed for the vacation of subdivisions:
1. Whenever any person may desire to vacate any subdivision or part thereof in which he shall be
the legal owner of all of the lots or may desire to vacate any lot, such person or corporation
may petition the City Council giving a distinct description of the property to be vacated and the
names of the persons to be affected thereby.
2. The petition shall be filed together with a filing fee in the sum of two hundred dollars ($200.00)
with the City Clerk who shall give notice of the pendency of the petition in a public newspaper
in the same manner as set forth in Chapter 415, Section 1003.300(D)(1) of the Zoning
Regulations, as amended.
3. If no opposition be made to the petition,: the City Council may vacate the same with such
restrictions as they may deem for the public good. If opposition be made, the petition shall be
set down for public hearing before the City Council.
4. Prior to City Council action, the petition shall be referred to the Department of Planning for
review and comment.
5. If the developer fails to cure all non-compliance with improvement requirements, the Director
may initiate proceedings to vacate the undeveloped portion of the subdivision. For the purpose
of this Section, the undeveloped portion of the subdivision does not include lots which have
been sold or are under bona fide contract for sale to any person for personal use or occupancy.
(Ord. No. 209 §1005.140, 2-26-96)
SECTION 1005.145: SUBDIVISION DESIGN STANDARDS
A. The size, shape and orientation of lots and the orientation of structures shall be designed to provide
desirable building sites logically related to topography, natural features, streets, parking areas,
common land (if any), other structures, and adjacent land uses. Due regard shall be given to natural
features such as large trees, unusual rock formations, watercourses, and sites which have historical
significance, scenic views, and similar assets, the preservation of which would add attractiveness and
value to the subdivision. Additionally, any development within any Archaeological District shall be
required to provide an appropriate analysis of the site and its characteristics. Said study shall be
prepared by an acknowledged expert in the field with approval from the City of Wildwood.
B. The approval of any subdivision shall also be subject to conformity of the plan with the City Street
and Transportation Plan and applicable zoning, grading, tree preservation, natural resource, and
other development standards established by City ordinance or other law. Approval of subdivisions
not conforming to such standards shall be permitted only where a variance is expressly authorized
within such standard or elsewhere, provided the variance is only to the extent necessary and there
exists mitigating considerations which justify the variance. (Ord. No. 209 §1005.145, 2-26-96)
SECTION 1005.150: SINGLE-FAMILY RESIDENTIAL LOT DESIGN STANDARDS
The design standards set forth in this Section are the minimum design standards to be used by the
single-family residential subdivision. Unless otherwise set forth below, the standards and procedures
28
§ 1005.150 Subdivision And Development Regulations § 1005.150
established elsewhere in this Chapter, as applicable to all subdivisions, shall apply to residential
subdivisions as well.
1. Street frontage.
a. Each proposed lot shall front upon a street accepted by the City of Wildwood or improved
to the standards and specifications of the City of Wildwood.
b. Double frontage.
(1)
Lots with double frontage should be avoided, except where necessary to provide
separation of the subdivision from traffic arteries, or as otherwise required by
topography or similar conditions.
(2) A solid fence or other improvement (including walls, plantings or berms) may be
required by the Director of Planning as necessary for screening along the line of lots
abutting such an arterial street.
Lots with double frontage shall normally have driveway access to the internal
subdivision street or minor street.
(3)
(4) Driveway access to the street shall not be located within ten (10) feet of an existing
street catch basin.
2. Lot area calculations.
a. The lot area shall meet the requirements of Chapter 415, Zoning Regulations.
b. Where additional widening strips are dedicated on existing streets, calculations of the area
of a lot shall not include widening strips in determining the gross area of the lot, except
that private roadway easements for the servicing of large -lot subdivisions may be included
as part of the gross area of the lot.
3. Minimum width of lots at required building line.
a. Residential lots shall conform to the following minimum requirements:
(1)
(2)
(3)
All lots containing an area of less than seven thousand five hundred (7,500) square
feet shall have a minimum width at the required building line of fifty (50) feet.
All lots containing an area of seven thousand five hundred (7,500) square feet, but
less than ten thousand (10,000) square feet, shall have a minimum width at the
required building line of sixty (60) feet.
All lots containing an area of ten thousand (10,000) square feet, but less than fifteen
thousand (15,000) square feet, shall have a minimum width at the required building
line of seventy (70) feet.
(4) All lots containing an area of fifteen thousand (15,000) square feet, but less than
twenty-two thousand (22,000) square feet, shall have a minimum width at the required
building line of eighty-five (85) feet.
29
§ 1005.150 Wildwood City Code § 1005.150
(5)
All lots containing an area of twenty-two thousand (22,000) square feet, but less than
one (1) acre, shall have a minimum width at the required building line of one hundred
(100) feet.
(6) All lots containing one (1) acre, but less than two (2) acres, shall have a minimum
width at the required building line of one hundred twenty-five (125) feet.
All lots containing two (2) acres, but less than three (3) acres, shall have a minimum
width at the required building line of two hundred twenty-five (225) feet.
(7)
(8)
All lots containing three (3) acres or more shall have a minimum width at the required
building line of two hundred (200) feet.
b. Minimum frontage widths shall be determined at required building line as stated in Chapter
415, Zoning Regulations.
4. Circular turnaround.
a. Frontage. The minimum width required for a lot fronting on a circular turnaround may be
measured along a line parallel to the street right-of-way line, at a distance from the street
right-of-way line equal to the depth of the required front yard plus ten (10) feet.
b. Building line. The minimum building line will in no event be less than fifteen (15) feet
from any road maintenance and utility easement. However, the Zoning Regulations may
require a greater front yard or building line setback.
c. The minimum width at the right-of-way line for lots fronting a circular turnaround shall
be not less than thirty-six (36) feet.
5. Side lot lines. Side lot lines shall be right angles to straight streets and radial to curved streets
except when radial lot lines detract from the desirability of the lot.
6. Corner lots.
a. Corner lots for residential use shall have adequate width to permit appropriate building
lines from both streets.
b. Corner lots located at the intersection of major and minor roadways shall normally have
driveway access from the minor roadway, if possible. Driveways shall be located as far
from the street intersection as practicable and will not under any circumstances be
permitted within the sight distance triangle serving the intersection as described in Chapter
415, Zoning Regulations.
7. Flag lots.
a. Flag lots will be allowed for lots that contain a minimum of twenty thousand (20,000)
square feet. Flag lots of lesser area may be approved by the Director of Planning.
b. The access portion of such lots shall have a minimum width of forty (40) feet.
c. Flag lots shall not be further subdivided into additional lots unless a public road is
constructed to City standards.
30
§ 1005.150 Subdivision And Development Regulations § 1005.155
d. No more than two (2) flag lots may have adjoining driveway entrances to a public right-of-
way.
e. The front building line for flag lots shall be established on both the access portion and on
the building site portion of the lot in accord with provisions of the particular zoning
district.
8. Exceptional development conditions. Where there is a question as to the suitability of a lot or
lots for their intended use due to factors such as rock formation, soil conditions, steepness of
terrain, flood conditions, or other adverse natural physical conditions, the Department may,
after adequate investigation, withhold approval of such lots until engineering studies are
presented to the Department which establish that the method proposed to meet any such
condition is adequate to avoid any danger or detriment to health, life, or lot improvement.
9. Landscaping. Whenever a residential subdivision abuts a non-residential subdivision, a
permanently landscaped buffer strip twenty-five (25) feet in width shall be provided.
(Ord. No. 209 §1005.150, 2-26-96)
SECTION 1005.155: MULTIPLE -FAMILY SUBDIVISION DESIGN STANDARDS
The design standards as set forth in this Section are the minimum standards for the multiple -family
residential subdivision. Unless otherwise set forth below, the standards and procedures established
elsewhere in this Chapter as applicable to all subdivisions shall apply to multiple -family subdivisions
as well.
1. Lots.
a. A multiple -family residential subdivision may consist of only one (1) parcel of land or may
include separate lots for one (1) or more multi -family buildings or may include separate
lots for each dwelling unit.
b. If divided into lots, such lots shall not be deemed "lots" for the purpose of determining
minimum lot area as provided in Chapter 415, Zoning Regulations, providing however,
that the total number of dwelling units does not exceed the maximum density requirements
of the zoning district or of any special procedure ordinance enacted pertaining to the tract.
2. Street frontage. Any such lots neM not front or abut directly on a street providing that suitable
access and easements are provided for both vehicular and pedestrian traffic.
3. Multiple family access streets. Notwithstanding any other provision of this Chapter, private
roadways primarily intended to service parking areas as determined by the Department shall not
be considered streets for the purpose of Section 1005.270, Sidewalks. However, pedestrian
access must be provided from the interior of the development to the public right-of-way
sidewalks.
4. Landscaping.
a. In the event the developer submits an alternate landscape plan under Section
1005.340(B)(3), trees need not be located between the edge of the pavement and the
building line providing that the Director finds that the proposed alternate landscape plan
enhances the value and attractiveness of the subdivision.
31
§ 1005.155 Wildwood City Code § 1005.160
b. Whenever a residential subdivision abuts a non-residential subdivision, a permanently
landscaped buffer strip thirty (30) feet in width shall be provided.
5. Circular turnaround frontage. The minimum building line will in no event be less than fifteen
(15) feet from any road maintenance and utility easement. However, Chapter 415, Zoning
Regulations, may require a greater front yard or building line setback.
6. Parking areas.
a. Parking bays on multiple -family access streets may be accepted by the Department to
satisfy off-street parking space requirements in multiple -family subdivisions.
b. Parking areas should be of sufficient dimension to accommodate a nine (9) foot by nineteen
(19) foot parking bay independent of the driveway aisles. All multiple -family access drives
and internal parking lot aisles shall be not lessthan twenty-two (22) feet in width.
7. Yard limitations. In the event the plan proposes the construction of dwelling units either with
walls joined together or having a common wall but on separate lots, such group of dwelling
units or walls or both shall be deemed one (1) structure for the purpose of determining the side,
front, and rear yard limitations of Chapter 415, Zoning Regulations.
8. Party wall cross -easement agreements. If the proposed subdivision necessitates the creation of
party wall agreements, cross -easements, or other similar agreements to be of record for the use
and benefit of two (2) or more dwelling units, the developer shall submit to the Department all
such agreements or indentures at the time of submission of the record plat for approval.
(Ord. No. 209 §1005.155, 2-26-96)
SECTION 1005.160: NON-RESIDENTIAL SUBDIVISION DESIGN STANDARDS
The design standards as set forth in this Section are the minimum design standards to be used by the
non-residential subdivider. Unless otherwise set forth below, the standards and procedures
established elsewhere in this Chapter as applicable to all subdivisions shall apply to non-residential
subdivisions as well.
1. Lots.
a. The lot size, width and depth shall be appropriate for the location and type of development
contemplated and shall conform to the requirements of Chapter 415, Zoning Regulations,
for the district in which the non-residential subdivision is proposed.
b. A minimum road frontage of fifty (50) feet or direct access by a fifty (50) foot road
easement or right-of-way or recorded cross easement shall be required for non-residential
lots of any size.
c. Lots adjacent to residential areas shall be buffered by providing for additional depth of
lots.
d. Off-street loading shall be arranged to eliminate street maneuvering by vehicles using
loading facilities.
32
§ 1005.160 Subdivision And Development Regulations § 1005.160
2. Blocks. There shall be no restriction of maximum block length in a non-residential subdivision.
3. Sidewalks and pedestrian ways.
a. Sidewalks shall not be required in a non-residential subdivision developed in an "M-1"
Industrial Zoning District, unless required by Subparagraph (b) below.
b. The Department may require pedestrian ways, sidewalks and fencing in a non-residential
subdivision to provide access to parks, schools, shopping areas, or similar facilities, or as
otherwise necessary to insure the public safety.
4. Survey monuments. Survey monuments shall not be required in a non-residential subdivision
except as set forth below:
a. A permanent survey marker, as defined in Section 1005.250 of this Chapter, shall be
placed on at least two (2) corners of each intersecting street in a non-residential subdivision
and at each corner of the subdivision outboundary, and each survey marker shall be placed
by a land surveyor. Additional survey monuments shall not be required in the resubdivision
of a lot of a recorded non-residential subdivision.
b. The permanent survey monuments may be placed after all streets and related utilities have
been installed in the portion of the non-residential subdivision being improved.
5. Lighting.
a. Street lights. Street lights shall be required in a non-residential subdivision in accordance
with the requirements set forth in Section 1005.320 of this Chapter along public or private
streets or roadway easements which provide access to or through any lot or driveway
connecting the subdivision to a public street.
b. Alternate lighting plan. In lieu of Subparagraph (a) above, the developer may submit an
alternate lighting plan as provided for below to the Department for review and approval.
(1)
Outside illumination of all structures to the level described in Subparagraph (c) below
when required by deed restrictions or covenants, subject to approval of the
Department.
(2) Paring area lighting plan.
(a) Parking area lighting shall be designed and installed so as to achieve the
illumination levels set forth in Subparagraph (c) below. Lighting shall be
maintained.
(b) The source of illumination shall not be lower than ten (10) feet above grade
except as approved by the Department of Planning.
c. Illumination standards in foot-candles for structures and their parking areas:
33
§ 1005.160 Wildwood City Code § 1005.170
Residential Commercial Other
Minimum initial level at any 0.07 0.5 0.3
point on the parking area
Average initial level 0.35
1.0 0.5
Maximum initial level 5 feet 3.0 8.0 5.0
from the base of a light standard
For the purpose of this Subsection, "commercial" refers to parking areas for any land use,
regardless of zoning designation, in which goods or services are offered to the general public
on the premises.
6. Landscaping.
a. In non-residential subdivisions there shall be a minimum ratio of one (1) tree for every
twenty (20) feet of street frontage, per requirements of Section 1005.340 of this Chapter.
b. In lieu of planting street trees as required in Section 1005.340 of this Chapter, the
developer may submit to the Department, for review and approval, an overall tree and
shrub landscaping design plan for the subdivision. Such a plan may be submitted for
implementation on a lot by lot basis, in which case the developer shall guarantee by escrow
agreement or land subdivision bond the installation of landscaping as shown on the
approved landscaping plan.
c. Whenever a non-residential subdivision abuts a residential subdivision, a permanently
landscaped buffer strip, thirty (30) feet in width shall be provided. (Ord. No. 209
§1005.160, 2-26-96)
SECTION 1005.170: PEDESTRIAN WAYS AND COMMON LAND ACCESS FOR
MAINTENANCE
A. Pedestrian Ways.
1. The Department may require pedestrian ways to provide access to parks, schools, shopping
areas, public transportation facilities, common land, or similar facilities, or where otherwise
necessary to promote the public safety.
2. In the event that a pedestrian way is required, the pedestrian way shall be provided for in
accord with the following:
a. A minimum of twenty (20) feet of right-of-way shall be provided for the required
pedestrian way.
b. If the pedestrian way is necessary to provide access to an area intended for the installation
of active recreation facilities, a walkway shall be required within the pedestrian way. The
walkway shall be constructed with four (4) foot wide and four (4) inch thick Portland
cement pavement or other all-weather surface on a grade longitudinally not exceeding eight
percent (8%) unless steps are provided as a part of the walkway.
34
§ 1005.170 Subdivision And Development Regulations § 1005.180
3. No building permit will be issued on lots abutting the walkway required within a pedestrian way
until the walkway has been constructed.
B. Access For Maintenance. Whenever areas designated and platted for retention lakes or ponding, the
periodic maintenance of which requires use of heavy equipment, access to these areas shall be of
sufficient width reasonably graded to facilitate maintenance equipment and constructed of materials
appropriate to accommodate such equipment as approved by the Department of Planning. (Ord. No.
209 §1005.170, 2-26-96)
SECTION 1005.180: STREET STANDARDS
The arrangement, character, extent, width, gradeand location of all streets shall be considered in
their relation to existing and proposed streets, to topographical conditions, to public convenience and
safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
The following standards shall apply:
1. General standards. These apply to residential and non-residential types of subdivisions.
a. The developer shall make provision for the extension and relocation of major, collector and
minor streets which affect the property. Except for dead-end streets, streets normally shall
connect with streets already established, or provide for future connections to adjoining
unsubdivided tracts, or shall be a reasonable projection of streets in the nearest subdivision
tracts.
b. Where a subdivision abuts or contains an existing or proposed major street, the Department
may require frontage or service streets, double frontage lots with screen planting, and non -
access strips at the rear of such lots.
c. Minor street intersection jogs or discontinuities with centerline offsets of less than one
hundred (100) feet shall be avoided.
d. Reserved strips of land which control or limit access at the terminus of streets are
prohibited.
e. A tangent of less than one hundred (100) feet in length shall be avoided between reverse
curves on major and collector streets.
f. A subdivision entrance street shall intersect the major or collector street with an interior
angle between seventy degrees (70°) and ninety degrees (90°) and be positioned to provide
adequate sight distance along each intersecting roadway as determined by the City of
Wildwood.
g.
All streets intersecting major or collector streets shall be directly opposite existing or other
proposed streets or shall be a minimum of three hundred (300) feet distant, as measured
between street centerlines.
h. Where a collector street enters or connects with a major street, intersection geometries
shall be provided as directed by the City of Wildwood. Additional traffic lanes or other
widening, pavement thickness, drainage facilities, granular base, traffic -control devices,
and other improvements may be required to accommodate heavy traffic volumes, unsuitable
soil conditions, steep grades, or other conditions.
35
§ 1005.180 Wildwood City Code § 1005.180
i. Streets shall be constructed to City of Wildwood standard specifications.
j. Any subdivision platted along an existing street shall provide additional right-of-way, not
to exceed twenty (20) feet on either side.
(1)
When the subdivision is located on one (1) side of an existing street,required right-of-
way width shall be provided measured from the centerline of the right-of-way as
originally established or as traveled. The centerline must meet requirements of the
City of Wildwood with regard to radius when located on a curved roadway.
(2) Additional right-of-way beyond twenty (20) feet may be requested by the City of
Wildwood subject to approval by the Department of Planning. Appeals to this
requirement are subject to the provisions of Section 1005.385 of this Chapter.
k. The Department may require a street to be dedicated to public use wherein it is deemed
in the best interest of the traveling public in order to provide circulation.
1. No building permit may be issued for any lots abutting a temporary turnaround as shown
on any recorded subdivision plat unless and until the temporary turnaround is actually
constructed and has been approved by the City of Wildwood. In addition no building
permit will be issued for display units on proposed lots that would be located where
temporary turnarounds are required. The Department of Planning may grant a variance
providing that the following conditions are met:
(1)
(2)
The developer submits to the Department of Planning statements from all prospective
lot purchasers affected by the temporary turnaround, excluding the developer himself,
declaring that they agree to the use of their driveways for executing the turnaround
movements at the terminus of the street and acknowledging that any repairs made
necessary due to damage to the driveway caused by the use of their driveway for the
turnaround movement shall in no way be deemed the responsibility of the City of
Wildwood; and
Provide an easement for the turnaround movement approved by the City of
Wildwood.
m: A subdivision plat involving new or existing streets crossing railroad tracks shall provide
adequate rights -of -way, including approach rights -of -way and slope easements for
construction of an underpass or overpass, unless otherwise specified by the Planning
Commission. Approval of the Public Service Commission and the City of Wildwood must
be received in connection with all railroad crossings.
n. Private streets, including multiple -family access streets, shall have pavement thickness and
other specifications constructed to City standards. Maintenance of these streets shall be the
sole responsibility of the property owners or trustees of the subdivision.
o. When streets are proposed as private, the developer shall be required to have either a trust
indenture or statement on the record plat establishing the method for providing continuous
maintenance of streets, as well as storm sewers.
p. Any roads proposed within a development and located within the floodplain shall be
protected from flood damage as directed by the City of Wildwood.
36
§ 1005.180 Subdivision And Development Regulations § 1005.180
2. Residential standards. In addition to the above, the following shall apply for residential
developments:
a. A minimum radius of twenty (20) feet at street right-of-way intersection and a minimum
radius of thirty-two (32) feet at the back of the curb or edge of pavement shall be required.
Greater radii may be required at the intersection and at the back of curb or edge of
pavement of a street with a major or collector street as directed by the City of Wildwood.
The Department may permit comparable cutoffs or chords in lieu of rounded corners.
b. All stub streets in excess of four hundred fifty (450) feet in length measured from
centerline of the street intersection to the property line on plat boundary shall be provided
with a temporary turnaround.
c. All streets shall be designed to meet the minimum requirements set forth in the Matrix
Table which follows, with the exception of large -lot subdivisions to which such
requirements are not applicable. The matrix, or variable Street Specifications Table, is
designed to provide the maximum allowable flexibility in street construction standards,
while at the same time insuring the protection of the public interest. The widths of right-of-
way and pavement are allowed to vary as functions of the type of street and the
corresponding intensity of use.
d. Roadway easements for the servicing of large -lot subdivisions shall have.a minimum width
of forty (40) feet.
e. Streets within subdivisions in the "NW Non -Urban Residence District utilizing the planned
development procedure shall have a minimum pavement width of twenty-two (22) feet and
shallbe private.
f. A street on which residential lots front and which parallels but is not adjacent to a railroad
right-of-way shall be at a distance from the railroad right-of-way sufficient to provide lots
with a minimum depth of one hundred sixty (160) feet.
The pavement width set forth in the street specifications matrix for multiple -family access
streets does not allow for parking, nor will parking be permitted on the streets. For each
parallel parking space adjacent to these streets an additional width of ten (10) feet shall be
provided. Additional parking requirements shall be as provided herein and by the standards
established by the Commission.
h. All developments with lots solely fronting on major streets should have a turnaround
maneuvering area which eliminates having to back out onto streets.
g.
Alleys.
(1) Alleys may be provided in a residential district and shall be at least twenty (20) feet
wide and shall be constructed according to City standards.
(2) Alleys with one-way traffic and designed as a loop for proper traffic circulation shall
have at least fourteen (14) feet of pavement width, be located in a twenty (20) foot
easement, and be constructed according to City standards.
(3) All alley intersections and sharp changes in alignment shall be avoided but, where
necessary, corners shall be designed to permit safe vehicular movement.
37
§ 1005.180
J•
Wildwood City Code § 1005.180
(4) A dead-end alley shall have an adequate turnaround facility at its termination.
Blocks shall not exceed one thousand five hundred (1,500) feet except as the Department
deems necessary to secure the efficient use of land or desired features of street layout.
38
STREET SPE CIFICATION MATRIX
Zoning Dist rict
Type of Stre et
Minimum
Fr ontage ': at
Buildin g (feet)
Ma ximum
Right -of -Ways
(f eet)
Maximum
Lo op L ength
L ots S erved
Cul-de-sac
Length
Lots/Units
S erved
Pav ement Width Lots
Ser ved (feet)
Turna round
NU
Rur al
See "Rur al Roadway St andards"
R-1, 1 acre
Minor street
1 25
44 if l oop orc ul-de-
sac; 50if otherwis e
' Exception 34
45 l ots
2,800 feet
13 lots
800 feet
26 standard, 20 if
designed as a loop or cut-
de -sac street, pr ovided,
that the cul-de-sac d oes
not serve more than 13
lots and loops limited to
45 lots
54 foot radius right -of -
way, 42 f oot
pavement radii , 26
foot pavem ent width .
with island optional.
Colle ctor streets
125
60
38
Opti onal; 62, foot
r adius road
maintenance and
utility eas ement, 55
f ootr adius right -of-
way; 55 foot
pavement radii, 24
foot p avem ent width
for turnaround only.
R-1 A
Mino r s tree t
100
50
403
50 lots
2,600 feet
15 lots
750 f eet
26 standard, 20 if
d esigned as a loop or cut-
de -sa c stre et, provid ed
that th e cut---de-sac does
n ot serve mor e than 15
lots and loops limited to
50 lots
54foot radiu s :right -of-
way, 42 foot
pa vement radii, 26
fo ot pa vement width
with island opti onal .
Co llector street3
100
60
_
38
Optional; 62 foot
radius road
maint ena nc e and
utility eas ement,
55 foot radius right-of-
way, 55 f oot
pavement radii, 24 -
foot p avement width
for turnaround only .
R-2, 15,000 s q. ft.
Minor s treet
85
50
402
56 lots
2,450 feet
16 lots
700 feet
26
54 fo otradius right -of -
way, 42 f oot
p av eme nt radii, 26
f ootpavement width
with island optional.
STREET SPE CIFIC ATION M ATRIX
Z oning District
Type of Str eet
Minimum
Fronta ge at
B uildi ng (feet)
Ma xim um
Ri ght - of -W ays
(feet)
M aximum
Loop Length
Lots Served
Cul- de-sac
L ength
L ot s/Unit s
Serv ed
Pavement Width Lots
Served (f eet)
Tur nar ound
C oll ector street 3
85
60
38
Opti onal; 62 foot
radi us r oad
m ai nt ena nc e and
utility easement, 55
foot radius right-of-
way, 55 f oot
pavem ent radii, 24
f oot pavem ent width
for turnar ound only ,.
R-3, 10,000 sq. ft.
Mino r s treet
70 .
50
402
81 lots
2,310 feet
23 lots
660 f eet
26
54 fo ot radius right -of -
way; 42 foot
pavement radii , 26
footpavement width
with island optional.
Collector s tree t 3
70
60
38
Opti onal; 62 fo ot
radius r oad
mainte nanc e and
utility easement, 55
fo ot radius right- of-
way, .55 foot
paveme nt radii, 24 .
foot pa vement width
for turn aro und only .
R-4, 7,500 s q. ft.
Minor street
60
50
402
78 l ot s.
2,200 feet
25 lots
630 feet
26
54 foot radi us right -of -
way, 42 foot
pavement. r adii, 26
foot pavem ent width
with '. island optional.
Collec tor s tree t 3
60
60
38
Optional; 62 fo ot
radi us r oad
m aintena nc e a nd
utility easement , 55
f oot radius . right-of-
way, 55 foot
pa vement radii, 24
foot p avement width
for t ur naro und o nly.
00
00
O
a
0
0
a
n
0
rn
a
STREET SPECIFICATION M ATRIX
Z onin g Di strict
Type of Street
Minimum
Fr ont age 4 at
Buildi ng (feet/
M axim um
.Ri ght -of -Ways
(feet)
Maxim um
L oop Len gth
Lots Serv ed
Cul-de-s ac
Len gth
Lots/Units
Served
Paveme nt Width Lots
Ser ved (f eet/
Turnaround
R -6A.
Multiple -family
On review
Not applic abl e
On r eview
On review
22
26 foot . pavement, 42
foot outer p av em emt
r adi us, in ner pavement
radius. 16 fo ot when .
desig ned with optional
island.
Minor str eet
On r eview
55
454
On re view
On r eview
32
26 foot pavement, 42
foot outer p avernemt
radiu s, in ner pavement
radius 16 fo ot wh en
d esign ed with optional
isl and.
Collector stree t 3
On review
Not applicable
On review
On review
38
Not applicable
R-6
Multiple -family
On review
Not appli cabl e
On re view
On review
22
26 foot pav emen t 42
foot out er p avememt
radius, i nner pavement
radi us 16 fo ot wh en
d esigned withoptional
island .
Minor stre et
On review
- 55
454
On review
On revi ew
32.
26 foot pav ement, 42
f oot outer pa vememt
r adiu s, in ner pav em ent
r adi us 16 foot whe n
designed with optio nal
island .
1. Exc eption: In the "R-1" Zo ning District, where the min mum lot fro ntage is on e hundred tw enty fiv e (125) fe et, sidew alks may be omitted on lo op str eet s of n ot
more than twenty-six (26) lots and on c ul-de-sac streets of no t mo re than thirteen (13) lots . The right-of-way requirement would then be th irty-four (34) feet; with
additio nal ease me nts as re qu ired for dra in age and utili ies , howe ver,a minimum bu ilding line of forty (40) feet shall be mai nt ai ned.
2. In any re side ntial z oning distric t where eight (8) or fewer sin gle -fa mily lots, in cluding corner lot s, are proposed on a cul-de-s ac street which will not contain
sidewalks, a forty (40) foot right-of-way is permitted with additio na l easements as required for drainage and utilities .
3- Right-of-wayand pave ment widths indicated are minimum require men ts. Addition al w idths may be r eq uired bas ed on traffic study as directed by City of Wildwood .
4. Minimum fron tage is a fun ction of lot size and is determined as explained in Section 1005.150(3)..
5. Whe re no side walks are required, a forty-five (45) foo t right-of-way isperm itte d with additio na l easements as r equired for drainage and utilities.
6. As an option, the right-of-way width ma y be reduc ed by ten (10) feet with the placement of required sidewalk s within.a five (5) fo ot wide sid ewalk, mainte na nce, .
utility androadway widening easement. If said option is chosen, the distance from the e stablished right-of-way to the building line shall be increas ed by five (5)
fee t.
§ 1005.180 Wildwood City Code § 1005.180
3. Non-residential standards. In addition to those standards described in the general standards
Subsection (1) stated above, the following shall apply to non-residential developments:
a. Pavement width and right-of-way.
(1) All streets in a non-residential subdivision shall be designed to meet at least the
minimum requirements of pavement width and right-of-way width as set forth in the
following Table, except where additional requirements are determined by the
Department to be necessary in which case the Department shall receive prior
determination from the City of Wildwood.
NON-RESIDENTIAL SUBDIVISION STREET DESIGN CRITERIA
Minimum Pavement Minimum Road.
Right -of -Way Width in Feet Maintenance and
in Feet Utility Easement
in feet on both sides
of R -O -W
Local access and minor 40 26 10
Collector 50 38 10
Major 60 51 10
(2) Minimum pavement widths shown above are to be measured from back to back of
curbs.
(3)
Collector streets in a non-residential subdivision may be built in two (2) stages of two
(2) lanes each stage.
(4) A minimum radius of thirty-two (32) feet at the back of the curb or edge of pavement
shall be required at all minor street intersections in a non-residential subdivision,
except tracts developed in an "M-1" or "M-3" Industrial Zoning District, which shall
require a minimum radius of forty-five (45) feet at all minor street intersections.
Intersections of major and collector streets shall require intersection geometrics as
directed by the City of Wildwood.
All curbs shall be six (6) inch minimum vertical curb with appropriate wheelchair
ramps where sidewalks are required.
(5)
b. Dead-end streets.
(1) The Department may approve dead-end streets of more than six hundred (600) feet
in non-residential subdivisions, but all such dead-end streets shall have a turnaround
with a minimum diameter at the back of the curb of at least one hundred ten (110)
feet. In some cases the Department may determine that a diameter of eighty-four (84)
feet is appropriate, where parking areas can be utilized for turnaround movements.
(2) Islands shall not be required in turnarounds in a non-residential subdivision.
c. Alleys. Alleys or other provisions for service access may be required by the Department
in non-residential subdivisions only where other provisions have not been made for service
42
§• 1005.180 Subdivision And Development Regulations § 1005.190
access, such as off-street loading, unloading and parking, which provisions are adequate
for the uses proposed within the subdivision.
d. Right-of-way dedication at railroad crossings. There shall be no requirement for a non-
residential subdivision to provide for rights -of -way, including approach right-of-way and
slope easements, for construction of an underpass or overpass where a street in a non-
residential subdivision crosses railroad tracks, except in the case of major and collector
streets as defined elsewhere in this Chapter. Where at -grade crossings of railroad tracks
occur, the installation of electric warning signals or other precautionary measures may be
required if deemed by the Commission to be necessary for the public safety. Approval of
the Public Service Commission and the City of Wildwood is required for all railroad
crossings.
e. Private streets.
(1) Private streets may be permitted in non-residential subdivisions.
(2) The pavement thickness of such streets shall be constructed to City standards.
(Ord. No. 209 §1005.180, 2-26-96)
SECTION 1005:185: STORMWATER STANDARDS
A. The purpose of this Section is to provide standards and regulations governing land development in
order to reduce or prevent flooding and at the same time minimize damage to real property.
B. The controlled release and storage of excess stormwater runoff may be required for all commercial
and industrial land use projects, and for all residential subdivisions as determined by the City of
Wildwood.
C. Detention of differential runoff of stormwater, as approved by the City of Wildwood, may be
required by providing permanent detention facilities, such as dry reservoirs, ponds, or other
acceptable alternatives.
D. Detention reservoirs or dry bottom stormwater storage areas may be designed to serve secondary
purposes such as recreation, open space, or other types of uses that will not be adversely affected
by occasional flooding as approved by the Department of Public Works.
E. Drainage detention areas that are not maintained by a public authority shall be conveyed as an
undivided interest in common to each lot in the subdivision for maintenance purposes or conveyed
to trustees with authority to perform maintenance responsibilities.
F. During the construction phase of development, facilities shall be provided to prevent erosion and
siltation. (Ord. No. 209 §1005.185, 2-26-96)
SECTION 1005.190: STREET NAMES
A. Proposed through or collector streets which are continuations of, or in general alignment with,
existing named streets shall bear the names of such existing streets.
43
§ 1005.190 Wildwood City Code § 1005.200
B. The name of a proposed street which is not in alignment with an existing street shall not duplicate
the name of any existing or platted street.
C. All the names of streets proposed by the subdivider shall be approved by the United States Postal
Service —Customer Services Department and the Department prior to submitting the proposed record
plat for review. (Ord. No. 209 §1005.190, 2-26-96)
SECTION 1005.200: NATURAL RESOURCE PROTECTION STANDARDS AND PROCEDURES
A. Purpose. The purpose of the Natural Resource Protection Standards ("resource protection
standards") set forth in this Section is to implement the Environmental Objectives and Policies of the
City's Master Plan that recognize the fragile nature of the soils, landforms and vegetation of the
Wildwood ecosystem and the importance of utilizing these natural resource attributes (the "natural
resources") to retain and absorb stormwater runoff and prevent construction practices that destroy
these natural functions and threaten the health and safety of the City's residents. The specific
purposes of these standards are to:
1. Prevent the destruction of soils, vegetation, landforms and other essential components of the
watershed hydrologic cycle in order to minimize soil erosion and control the flow of stormwater
runoff;
2. Prevent the placement of buildings and other structures in locations which unduly disrupt the
natural hydrologic cycle;
3. Prevent construction practices that result in the release of stormwater runoff into natural
drainageways at volumes and flow velocities that damage the fluvial system and endanger the
public health and safety by threatening destruction of dwellings, bridges, roadways, electrical
facilities and sewage lines in the floodplain;
4. Prevent the potential financial costs to the public of repairing and replacing roads, bridges and
sewage lines damaged by rapid stormwater runoff;
5. Control the intensity of development in relation to the natural capacity of the site to control
stormwater runoff.
B. Scope Of Application.
1. General scope. The resource protection standards and procedures set forth in this Section shall
apply pursuant to Section 1005.200 hereof to all grading requiring a permit, and all
improvements and subdivisions of land located in the City of Wildwood, in addition to all other
applicable requirements in Chapter 415, Zoning Regulations or other development regulations.
C. Authority To Modify Standards. The resource protection standards set forth herein may be modified
pursuant to the following procedures:
1. Minor modification of standards. Upon written request of an applicant in connection with a
subdivision plat approval or zoning approval application, the Director of Planning is hereby
authorized to modify the resource protection standards so as to allow reduction up to a
maximum of five percent (5%) of the net acreage of the resource protection area identified and
designated pursuant to Subsections (E) and (F) of this Section, but only upon the Director's
determination that the applicant's modification proposal, if allowed:
44
§ 1005.200 Subdivision And Development Regulations § 1005.200
a. Will nevertheless achieve the purposes for which the resource protection regulations have
been established; and
b. Will not violate the general purposes, goals and objectives of the Zoning and Subdivision
Ordinances, other City development regulations, or of the City of Wildwood Master Plan;
and
c. Will address any negative impacts that may result from such modification to the resource
protection standards through appropriate mitigating actions.
2. Major modification of standards. Any request by an applicant to modify the resource protection
standards so as to allow a reduction greater than five percent (5%) in the resource protection
areas identified and designated on a site pursuant to Subsections (E) and (F) below, after review
by the Planning Commission, may be approved by the City Council, only pursuant to and in
compliance with a modification permitted in conjunction with an application for a planned
commercial or industrial development district or a planned residential development (PRD)
district, as applicable.
D. Definitions. The definitions of terms used in this Section are set forth in Attachment' B to this
Chapter and incorporated herein.
E. Resource Protection Standards. All developments identified in Subsection (B) shall preserve as a
designated resource protection area, subject to Subsection (G), all areas of the development requiring
preservation pursuant to the following natural resource protection standards:
NATURAL RESOURCE PROTECTION STANDARDS
Percent (%) of Resource Required To Be Preserved
Natural Resource Attribute
Preserved
L Rivers, streams and intermittent streams (including dry creeks) 100%
2. Floodplain 100%
3. Wetlands 100%
4. Fens 100%
5. Glades 100%
6. Ephemeral drainageways 100%
7. Sinkholes 100%
8. Springs 100%
9. Areas of Previous Mass Movement 100%
10. Slopes greater than 30% 100%
45
§ 1005.200 Wildwood City Code § 1005.200
Natural Resource Attribute Preserved
11. Slope Class: 16-30%
a. Slope steepness, 16-30% 50%
b. Slopes 16-30 % w/ soil thickness greater than 6 feet 0%
c. Slopes 16-30 % w/ soil thickness between 4 and 6 feet 20%
d: Slopes 16-30 % w/ soil thickness less than 4 feet 40%
e. Slopes 16-30% w/ A horizon present and a B horizon less
than 40% clay, and 35% rock content, and no restrictive
layer present 0%
f. Slopes 16-30% w/ no A horizon or a B horizon more than 40%
clay, or more than 35% rock content, and no restrictive
layer present 20%
g. Slopes 16-30% and restrictive layer present 30%
h. Slopes 16-30%, slope is planar or convex 0%
i. Slopes 16-30%, slope is concave 30%
12. Slope Class: 7-15%
a. Slope steepness, 7-15% 30%
b. Slopes 7-15% w/ soil thickness greater than 6 feet 0%
c. Slopes 7-15% w/ soil thickness between 4 and 6 feet 20%
d. Slopes 7-15% w/ soil thickness less than 4 feet 40%
e. Slopes 7-15% w/ A horizon present and a B horizon less
than 40% clay, and 35% rock content, and no restrictive
layer present 0%
f. Slopes 7-15% w/ no A horizon or a B horizon more than 40%
clay, or more than 35% rock content, and no restrictive
layer present 20%
g. Slopes 7-15% and restrictive layer present 30%
h. Slopes 7-15%, slope is planar or convex 0%
i. Slopes 7-15%, slope is concave 30%
13. Slopes Class: 0-6%
a. Slopes 0-6% w/soil thickness greater than 6 feet 0%
b. Slopes 0-6% w/soil thickness between 4 and 6 feet 20%
c. Slopes 0-6% w/soil thickness less than 4 feet 40%
d. Slopes 0-6% w/A horizon present and B horizon less than 40%
clay, and 35% rock content, and no restrictive layer present 0%
e. Slopes 0-6% wino A horizon or a B horizon more than 40% clay,
or more than 35% rock content, and no restrictive layer present 20%
f. Slopes 0-6% and restrictive layer present 30%
14. Landform
a. Interfluve summit position 0%
b. Bench or terrace position 30%
F. Resource Protection Analysis And Designation. As part of the application for the preliminary
development plan or preliminary plat approval, as the case may be, an applicant shall submit all
information as may be required by the Director of Planning to identify and verify the existence and
location of the natural resource attributes listed in Subsection (B) above. All plans for development
shall clearly identify the location and total areas of all such features by mapping each unit of
resource area as shown in Attachment A and shall be verified or documented by a soil scientist
approved by the Director of Planning. Following the steps set forth in Attachment A, the precise
boundary of any resource protection areas shall be determined by the developer and verified by the
46
§ 1005.200 Subdivision And Development Regulations
§ 1005.200
soil scientist by applying the preservation requirements of Subsection (E) to the site pursuant to the
following standards to be applied by the Director of Planning:
1. Where a single protected resource attribute exists in isolated locations on the site, the area, or
percentage of area, of each resource attribute required to be preserved shall be preserved
within the area of each discrete mapping unit where it is identified.
2. Where two (2) or more protected resource attributes that require preservation of less than one
hundred percent (100%) of the area are found in contiguous mapping units, the percentage of
each attribute to be preserved may be located within any of the contiguous mapping units.
3. The location of the resource protection areas and boundaries shall comply with the following
general principles:
a. Resource attributes requiring one hundred percent (100%) preservation shall be preserved
in mapping unit where each is identified.
b. Resource attributes of a type requiring less than one hundred percent (100%) preservation
shall be preserved in the lower slope positions or located adjacent to one hundred percent
(100%) protection areas, where applicable.
c. Preservation of concaved portions of the protected attribute shall be achieved where
practicable.
d. Preservation areas within bench or terrace attributes shall be within multiple locations
within the mapping unit.
e. The location of resource protection areas and boundaries shall comply with the general
purposes set forth in Subsection (A) above.
4. No foundation of any building may be located within twenty-five (25) feet of any finally
designated resource protection area.
5. Construction shall be generally required on the upper slope positions.
6. Resource attributes may not be graded in such a way as to cause the area to be changed into a
more protected attribute category where the analysis required herein was not based on such fmal
state of the land.
G. Preservation Of Resource Protection Areas.
1. Designation and use. Areas of natural resource attributes that are required to be protected
pursuant to Subsection (F) above ("resource protection areas") shall be designated on the final
plat of subdivision as such and in no case shall such designated resource protection areas be
developed except as otherwise permitted herein. Land which is designated as a resource
protection area pursuant to this Section shall be used for resource protection and such other
purposes as the Planning Commission shall approve and authorize to be designated on the final
plat, subject to such conditions as the Commission may deem appropriate. Access to land
designated strictly for resource protection shall be restricted in order to ensure such protection.
Except as otherwise provided in this Section, no area occupied by structures, roads, road rights -
of -way or parking areas shall be counted as designated resource protection areas.
47
§ 1005.200 Wildwood City Code § 1005.200
2. Methods of preservation. Resource protection areas shall be designated so their use, enjoyment
and preservation as natural areas is not obstructed. The form of ownership of resource
protection areas shall be designated on the final plat. Resource protection areas shall be owned
and preserved by either of the following two (2) methods or a combination thereof:
a. Deed restricted private ownership which shall prohibit, in perpetuity, the development
and/or subsequent subdivision of the resource protection areas or their use for purposes
consistent with the purpose of this Section. The responsibility and standards for all
resource protection areas shall be specified and provision shall be made for guaranteeing
such responsibility; or
b. Grant of a conservation right in the form of an easement (a "conservation easement") over
the resource protection areas to a qualified not -for-profit corporation dedicated to the
preservation and maintenance of natural resource areas, as grantee.
3. Enforcement by the City. The City may take appropriate action as necessary to enforce the
provisions of this Section in order to ensure that there is no development and/or subdivision of
the resource protection areas identified and designated pursuant to Subsections (F) and (G)
hereof, nor use of such areas for purposes inconsistent with the purposes of this Section..
H. Calculation Of Number Of Lots Or Dwelling Units. Unless otherwise excluded by the applicable
zoning regulations, resource protection areas identified and designated pursuant to Subsections (F)
and (G) may be included in calculating the number of lots or dwelling units permitted on a parcel
under the applicable zoning district regulations governing required minimum lot area, lot frontage,
yards and distances from lot lines, provided that the combined total acreage of all areas cleared on
the parcel shall not exceed the clearable land area calculated pursuant to Subsection (F).
I. Procedures Required For On -Site Improvements. Prior to commencing improvements on a site on
which resource protection areas have been designated pursuant to Subsections (F) and (G), the
owner/subdivider shall stake and install a barrier fence or ribbon, as determined by the Planning
Director, around the perimeter of the designated resource protection areas not to be disturbed. Any
owner/subdivider who fails to comply with this provision prior to commencement of improvements
on the site, or fails to maintain the fence and/or stakes and ribboned off areas on the site during such
improvements, shall be subject to a fine pursuant to the provisions of Section 1005.400 hereof for
each day on which improvements were performedin violation of this Section. An owner/subdivider
found guilty of such a violation, which has also resulted in the destruction of designated resource
protection areas, shall, in addition, be liable for the costs of restoring such resource protection areas
to their natural condition.
J. Permitted Disturbance Of Resource Protection Areas For Maintenance And Recreational Purposes.
In order to maintain privately owned designated resource protection areas containing mature or
young canopy forest, the following activities may be conducted in designated resource protection
areas:
1. Eradication of dense invasive ground vegetation (not meant to include trees of any size) which
blocks desirable views or does not provide desirable screening for residential areas;
2. Replacement of invasive vegetation with wild flowers, perennial beds or evergreens;
48
§ 1005.200 Subdivision And Development Regulations § 1005.200
3. Removal of dead or diseased trees which are considered by the Planning Director to be a threat
to adjoining property;
4. Removal of fallen trees from the floor of the mature or young canopy forest;
5. Recreational uses that do not involve grading, extensive soil compaction, or permanent damage
or loss of soils;
6. Such other activities as may be requested by a special use permit granted by the Director of
Planning consistentwith the purposes and provisions of this Chapter.
Should any mature or young trees be accidentally removed as a result of maintenance, the owner will
be required to replace such trees in accordance with the provisions of the Tree Preservation and
Restoration Code.
K. Failure To Restore Disturbed Areas. Any owner/subdivider who disturbs areas required to be
protected pursuant to this Section and fails to restore such disturbed areas pursuant to the standards
set forth in the Tree Preservation and Restoration Code and Grading Code shall be subject to a fine
pursuant to the provisions of Section 1005.400 of this Chapter. (Ord. No. 209 §1005.200, 2-26-96)
49
§ 1005.200 Wildwood City Code § 1005.200
ATTACiM ENT A. STEPS FOR RESOURCE PROTECTION
ANALYSIS UNDER SECTION 1005.200(f)
OF SUBDIVISION AND DEVELOPMENT REGULATIONS
STEP ONE:
The developer shall submit a map identifying by discrete mapping units the areas of each natural
resource attribute identified in Section 1005.200(E). The map shall designate within each mapping
unit the appropriate designation symbol indicated on the Legend attached to this Chapter. Each
mapping unit shall also be given a numerical designation. Attached to the map shall also be a Table
listing each mapping unit located on the map organized by symbol and providing its numeric
designation and the acreage within that mapping unit. The Table shall also contain a summary of
the total acreage of all mapping units of each. designation symbol. See Map A attached to this
Chapter.
STEP TWO:
Applying the requirements set forth in Section 1005.200(E) and 1005.200(F), the developer may
identify the areas to be protected and location of lots or development. Using the percentage of
protection required for each natural resource attribute and the principles for placement of the
preserved percentages of areas, the developer, with the aid and verification of the soil scientist, shall
draw the boundary lines of the natural resource areas and may lay out lots in compliance with the
subdivision standards in Section 1005.200, as desired, so long as the percentages of protection for
natural resource attributes and location requirements are satisfied. See Map B attached to this
Chapter.
50
§ 1005.200
Subdivision Regulations
§ 1005.200
?tfLI rirll
hpe€Class
0-6
7-15
16-30
> 30
A
B
C
D
MUM:
&ides,(
>6
4-6
2-4
>2
6
4
2
0
Fragipans
Lithologic discontinuities with greater than 15%
difference in sand or clay from the
overlying horizon
Buried stone lines
Seasonally perched water tables as indicated by
redoximorphic features
Other
d
s
re
0
u as�::nat�et
Convex
Concave
Planar
ve
ca
p1
0
Absent A horizon
More than 40% clay
More than 35% rock fragments
a
t
r
51
§ 1005.200
Wildwood City Code
§ 1005.200
Example 1: A deep, rock -free loess soil on a nearly level summit. Maximum clay content is
27% and the soil is not eroded. (A classic Menfro soil).
slope class
soil thickness
restrictive layer
soil surface shape
soil attributes
Symbol: A6ve
A (slope is 0-6%)
6
N/A
ve
N/A
Example 2: A moderately deep (20-40 inches), eroded, skeletal (>35% rock), soil on a steep
(>30%).
slope class D
all other criteria are irrelevant
Symbol: D
Example 3: A moderately deep (20-40 inches), eroded, skeletal (>35% rock), soil on a
moderately steep (25%).
slope class C
soil thickness 2
restrictive layer N/A
surface shape ca
soil attributes r
Symbol: C2car
(Ord. No. 209 §1005.200 Attachment A, 2-26-96)
52
§ 1005.200 Subdivision And Development Regulations § 1005.200
ATTACHMENT B. SOIL AND LANDFORM DEFINITIONS
ARGILLIC HORIZON: A subsurface horizon with a clay content at least twenty percent. (20%)
higher than the overlying horizon and with morphological evidence of illuviated clay on ped faces
and/or within pores.
BACKSLOPE The hillslope profile position that Attachment forms the steepest, middle portion of
the slope. In profile, backslopes are commonly bounded by a convex shoulder above and a concave
footslope below. Backslopes commonly are erosional forms covered by mass movement and/or
hillslope sediments.
CANOPY INTERCEPTION: Any atmospheric source of water which collects on the above -ground
portions of plants, including leaves, stems and branches. This interception can occur from the tops
of the tallest trees to the shrub layers immediately overlying the forest floor.
CHANNEL: The deepest portion of a stream, bay, or strait through which the main volume or
current of water flows along a downhill gradient.
CHERT FRAGMENTS: Hard, extremely dense, dull to semivitreous, cryptocrystalline rock
consisting dominantly of interlocking crystals of quartz; it may contain amorphous silica (opal). It
may contain impurities of calcite, iron oxide or the remains of silicious organisms. It has a tough,
splintery to conchoidal fracture and may be white or variously colored gray, green, blue, pink, red,
yellow, brown or black. Chert occurs principally as nodular or concretional segregations in
limestones and dolomites, is very resistant to weathering and concentrates in soils formed from
limestones and dolomites.
CLAYPAN: A dense, compact layer of high clay content in the soil. A claypan generally contains
high concentration of shrink -swell clay. A claypan commonly will produce a perched water table
in winter and late spring.
CONCAVE AND CONVEX: Concavity and convexity relate to the surficial shape of the landform.
A concave surface is one in which the gradient decreases downhill. A convex surface is one in
which the gradient increases downhill. Concavity and convexity can be measured parallel to, or
perpendicular to, the contour. Slope shape measured perpendicular to the contour is referred to as
"radial" shape.
EPHEMERAL DRAINAGEWAY: A channel, normally v -shaped, that carries surface waters in
response to high intensity precipitation. Its channel is at all times above the permanent water table.
It may extend into backslope positions in uplands.
EVAPORATION: Water converted from liquid to gas by solar radiation and passed as a gas back
into the atmosphere.
FEN: Waterlogged spongy ground containing decaying vegetation, characterized by reeds that
develops into peat. It may occur in sinkholes.
FINES: Fine silt and clay fractions of soil texture. This includes particles less than 0.02 mm in
diameter.
FLOODPLAIN.• The area with the City of Wildwood subject to a one percent (1%) or greater chance
of flooding in any given year. This area is designated as "FP" on the City of Wildwood Zoning
Map and as otherwise determined by the Director of Public Works.
FOOTSLOPE: The hillslope position that forms the inner, gently inclined surface at the base of a
hillslope. In profile, footslopes are commonly concave. It is a transition zone between upslope sites
of erosion and transport (shoulder and backslopes) and downslope sites of deposition (toeslope).
53
§ 1005.200 Wildwood City Code § 1005.200
FOREST FLOOR: The organic detritus, in various stages of decomposition, which immediately
overlies the mineral soil. The forest floor is an important "litter layer" which diffuses the energy
of falling water drops. It also is the home of the small organisms which decompose the organic
matter and which roughen the surface of the mineral soil, thus aiding infiltration.
FRAGIPAN: A subsurface horizon with very low organic -matter content, a higher bulk density
(weight per unit volume) than the overlying horizons and hard or very hard consistence when dry.
It is slowly permeable to water. Textures range from loamy to clayey and the fragipan may have
high chert fragment content. It will have fewer plant roots than the overlying horizons and may
directly underlie an alluvial horizon.
GLADE: Natural clearings in a thin and rocky forested landscape, normally occurring in the steeper
south and west facing slopes, where the combination of this aspect and shallow or coarse texture
soils create dry conditions throughout most of the growing season inhibiting type and extent of
vegetation.
HEAD SLOPE: The concave surface at the head of a drainageway where the flow of water
converges downward toward the center and contour lines from concave curves. Commonly found
where parallel, secondary interfluves join a backslope. Soils may be deeper than on adjacent
landforms.
IIILLSLOPE: A generic term for the steeper part of a hill between its summit and the drainage line,
valley flat or depression floor at the base of the hill.
HILLSLOPE SEDIMENTS Surface material moving slowly downslope under the combined
influences of water and gravity.
INFILTRATION.: The movement of water from the air or from the soil surface into the soil.
INTERFLUVE SUMMIT: A landform composed of the relatively undissected upland or ridge
between two (2) adjacent valleys containing streams in the valley bottoms. It is an elevated area
between two (2) drainageways which sheds water to those drainageways.
LANDFORM:• Any physical, recognizable form or feature on the earth's surface, having a
characteristic shape and range in composition. It is produced by natural causes. Landforms formed
from similar materials and with similar shapes and locations in the landscape generally have similar
soils.
MASS MOVEMENT: Dislodgement and downslope transport of soil and rock material as a unit
under direct gravitational stress. The process includes slow displacements such as creep and rapid
movements such as landslides, earthflows, debris flows and avalanches. Rock fragments in mass
movement deposits will be randomly oriented.
NOSE SLOPE: The projecting end of an interfluve, where contour lines connecting the opposing
side slopes form convex curves around the projecting end and lines perpendicular to the contours
diverge downward. Overland water flow is divergent. Soils generally are shallow.
PERCHED WATER TABLE: A seasonally saturated zone of soil above a restrictive layer within the
soil profile. A restrictive soil layer could be a textural discontinuity (a sand lense over a clay layer),
a fragipan (a soil horizon with little pore space and high weight per unit volume), or simply a
horizon with fewer or smaller voids and pores than the overlying horizon.
PERCOLATION: Movement of water through the soil after it has infiltrated.
PRESERVED: Protected from any land disturbance other than that permitted by pursuant to
Subsection (G) of this Section.
54
§ 1005.200 Subdivision And Development Regulations
§ 1005.200
REDOXIMORPHIC FEATURES: Soil attributes which indicate prevalence of reduction,
translocation, and oxidation of iron (Fe) and manganese (Mn). Redoximorphic features include:
1. Redox concentrations bodies of apparent accumulation of Fe and Mn oxides. These include soft
and hard accumulations (concretions and nodules) as discrete bodies or as linings in pores and
on ped faces.
2. Redox depletions bodies of low color chroma (5 2) having color values of four (4) or more
where Fe-Mn oxides alone or with clay have been removed. Colors are determined from a
Munsell book. These can include iron depletions and clay depletions.
3. Reduced soil matrices. Changes in soil color from lower to higher chromas after the soil is
removed from the profile. The color must change within thirty (30) minutes of exposure to the
atmosphere.
RESOURCE ATTRIBUTES: The natural resource attributes identified in Subsection (E) of this
Section.
RESOURCE PROTECTION AREAS: The total area of land within a subdivision on which no
clearing or development is permitted. Resource protection areas shall be preserved in their natural
state.
RESTRICTIVE LAYER: A restrictive layer in soils is an interface at which the percolation of water
and infiltration of gases is inhibited. The restrictive layer may result from increased bulk density
(mass per unit volume),, decreased pore size or continuity, or the presence of materials of different
origin than the overlying soil. Fragipans, buried soils, rock layers or different fluvial deposits may
be restrictive layers in different soils. In humid environments, redoximorphic features in close
proximity to the restrictive layer may indicate reduced percolation.
RIPARIAN ZONE: The land adjacent to the stream or river which is periodically influenced by
flooding. It generally is an ecotone between the aquatic system and the adjacent uplands and is
characterized by distinct soil and vegetation.
RUNOFF: Precipitation or meltwater which moves by overland flow to a surface water body such
as a stream, pond or lake.
SHOULDER SLOPE: The hilislope position that forms the uppermost inclined surface near the top
of a hilislope. If present, it comprises the transition zone from backslope to summit. The surface
is dominantly convex in profile and erosional in origin.
SINKHOLE: A closed depression formed either bysolution of the surficial limestone or dolomite
bedrock or by collapse of underlying caves.
SLOPE: The degree of deviation of a surface from the horizontal expressed in percentbasedon the
following formula:
Slope Percentage = Rise x 100
Run
SPRING: A place in the landscape where subsurface water flow emerges to become surface flow.
A spring usually will have a unique vegetational community in association. The flow may be
perennial or ephemeral.
STEM FLOW: Canopy interception which accrues in sufficient amounts to cause flow of water down
the trunk (stem) of trees and shrubs, then into the soil.
STONE LINE: A sheet -like lag concentration of coarse fragments in surficial sediments. A stone
line generally overlies material that was subject to weathering, soil formation and erosion before
55
§ 1005.200 Wildwood City Code § 1005.210
deposition of the overlying material. Many stone lines are buried erosion pavements formed by
running water on the land surface and concurrently covered by surficial sediment.
TERRACE: A step -like surface, bordering a valley floor or floodplain that represent the former
position of a floodplain. The term is usually applied to both the relatively flat summit surface (tread)
cut or built by stream action, and the steeper descending slope (riser) graded to a lower base level.
If a sequence of terraces is present, they are numbered in ascending numerical order from the lowest
terrace to the highest.
THROUGHFALL: Water which reaches the soil surface after contact with plant parts.
TIIROUGHFLOW: Percolating soil water which moves through the soil matrix into surface water
bodies, such as a stream, pond or lake.
TOESLOPE: The hillslope position that forms the gently inclined surface at the base of a hillslope.
Toeslopes in profile commonly are gentle and linear and are constructional surfaces forming the
lower part of a hillslope continuum that grades to valley floors.
TRANSPIRATION: Water released into the atmosphere as a result of plant metabolism. Prior to its
release to the atmosphere this is water withdrawn by plant roots from the soil.
WETLAND: A place in the landscape characterized by the presence of water for an extended period
of time of the year. The soils will have distinct redoximorphic features differing from surrounding
soils and will, m the natural state, be occupied by vegetation (hydrophytes) adapted to prolonged soil
saturation. (Ord. No. 209 §1005.200 Attachment B, 2-26-96)
SECTION 1005.210: EASEMENTS
A. All proposed subdivisions shall have easements as determined by the Department to be adequate for
the installation and maintenance of utility facilities, including cable television distribution systems.
B. Where a cut or fill for a street extends beyond the limits of the right-of-way, the developer shall
provide a slope easement or special escrow as determined by the City of Wildwood to be of
sufficient area and limits to permit the construction and maintenance of the slope.
C. Whenever a stream or surface drainage course is located in an area proposed for a subdivision, the
developer shall provide an easement determined by the Department to be adequate in area to contain
facilities to take care of flooding or erosion along the stream or surfacedrainage course.
D. Stonnwater And Stormwater Control Easements.
1. Stormwater easements and drainage rights -of -way may be required if necessary for proper
drainage within and through a subdivision.
2. Stormwater control easements are required along all major creeks and significant tributaries;
around and including all new wet lakes functioning as part of a stormwater control system; and
for all detention areas, basins, and related structures.
3. Stormwater control easements shall include a minimum dimension of twenty (20) feet back from
the bank of improved creek channels as approved on improvement plans, or of such width back
from unimproved channels as required by M.S.D. Easements shall include a distance of not less
than ten (10) feet back from the estimated high water line of lakes, dry detention areas and
basins.
4. Final location of stormwater control easements shall be approved by M.S.D., County and the
City as part of the improvement plan approval. Such easements shall subsequently be shown on
a record plat or special easement plat.
56
§ 1005.210 Subdivision And Development Regulations § 1005.240
E. In addition to stormwater control easements, stormwater control access easements shall be required
as necessary to provide for upkeep of the area within designated stormwater control easements.
Separately designated access easements shall not be less than twenty (20) feet wide.
F. The Department of Planning shall require script on the record plat or trust indentures for all
development containing stormwater control easements and access easements to such areas, specifying
assessments for and maintenance of such particular areas apart from other common land, until
M.S.D. accepts the easements. (Ord. No. 209 §1005.210, 2-26-96)
SECTION 1005.220: TEST BORING
The Department may require evidence as to the subsurface soil, rock, and water conditions of the
tract to be developed. (Ord. No. 209 §1005.220, 2-26-96)
SECTION 1005.230: GRADING
A. Where the preliminary plat indicates that grading and compaction are probable, the City of
Wildwood may require the submission of additional information and modifications in the proposed
plat before the developer may grade any land to be subdivided. All grading shall be in conformance
with the City of Wildwood Grading Code.
B. A grading permit or approved improvement plans are required prior toany grading on the site.
Erosion and siltation control devices shall be required as directed by the City of Wildwood.
C. Proposed grading which creates a change in watersheds shall not be permitted. A change in
watershed shall also include any increase in velocity or volume. (Ord. No. 209 §1005.230, 2-26-96)
SECTION 1005.235: ADOPTION OF IMPROVEMENT SPECIFICATIONS
The Director of Public Works shall establish and adopt the official specifications of the City for
streets and other required improvements. Such specifications and any amendment shall be filed and
available in the Department of Public Works for public inspection. (Ord. No. 209 §1005.235, 2-26-
96)
SECTION 1005.240: IMPROVEMENTS
A. Plans for improvements shall be prepared bya. registered professional engineer; and the streets,
storm sewers, sidewalks, pedestrian ways (unless waived by Department or Commission), and
sanitary sewers shall be staked by a registered land surveyor.
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 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 by escrow to serve the platted area or be designed and built
or guaranteed by 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. Required improvements for large -lot subdivisions are addressed in Section 1005.135 of this Chapter.
E. Acceptance And Final Approval. Before the developer's obligation to the City of Wildwood is
terminated, all required improvements shall be constructed under the observation and inspection of
57
§ 1005.240 Wildwood City Code § 1005.265
the inspecting agency and accepted for maintenance or given final approval by the City.
(Ord. No. 209 §1005.240, 2-26-96)
SECTION 1005.250: SURVEY MONUMENTS
A. Where none are existing, survey monuments shall be placed by a registered land surveyor at street
corners; i.e., ata four-way intersection, two (2) corners are required to be monumented, and at a
three-way intersection, one (1) corner is required to be monumented. For all other types of
intersections, monuments shall be placed as determined by the City of Wildwood. In addition,
monuments shall be so located to find angle points, points of tangency of curves on one (1) side of
the street, and at all outboundary corners.
B. Should conditions prohibit the placing of any monuments at the above locations, offsetting of the
permanent marker is permitted; provided however, that the exact offset courses and distances are
shown on the letter of certification when monuments are set. If a monument would be in a driveway,
a cross would be permitted in concrete; and a steel pin, iron pipe, orrailroad spike in asphalt.
C. Monuments shall be of Portland cement concrete, four (4) inches square on the top tapering to six
(6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins,
from one-half eh) inch to one and one-half (Ph) inches in diameter. All monuments noted above
will have a length of two (2) feet or longer.
D. An existing permanent benchmark or a new permanent benchmark shall be accessibly established and
shall be accurately noted on the record subdivision plat. (Ord. No. 209 §1005.250, 2-26-96)
SECTION 1005.260: STREET IMPROVEMENTS
A. All streets shall be graded and the roadway improved by surfacing. Roadway surfacing shall be in
accordance with City standards and specifications. All grading and surfacing shall be done under
observation and inspection of the City of Wildwood and shall be subject to its approval. The
treatment of the intersection of any new street with a State highway and any additional required
widening of an adjoining State Highway shall be subject to approval by the District Engineer of the
State of Missouri Highway and Transportation Department.
B. At such times as a subdivision is proposed adjacent to an existing street, that street shall be improved
to current City specifications. Additional right-of-way and the cost of. improvement of half of the
right-of-way adjacent to the proposed subdivision shall be included in the overall subdivision
improvements. The improvements shall be made to current City specifications and standards.
C. In certain cases involving the subdivision of a tract or tracts of land, the reservation of right-of-way
areas may be required for future road improvements as authorized by the preliminary plat for that
tract. (Ord. No. 209 §1005.260, 2-26-96)
SECTION 1005.265: DISCLOSURE OF RESPONSIBILITY FOR STREET AND
STORMWATER CONTROL FACILITIES (DETENTION/RETENTION
BASINS) MAINTENANCE
A. So long as there shall be a private street or a street not accepted by the City of Wildwood for
maintenance within any subdivision, no person shall sell, lease, rent, offer to sell, lease or rent, or
advertise for sale, lease or rental any dwelling unit or non-residential property without disclosing to
each prospective purchaser or tenant his responsibility with respect to subdivision streets and
stormwater control facilities in the manner required by this Section. For the purpose of this Section,
"prospective purchaser or tenant" includes any person making inquiry of any responsible party with
respect to purchase, rental or lease of a dwelling unit or non-residential facility.
58
§ 1005.265 Subdivision And Development Regulations
§ 1005.265
B. Required Disclosure. Disclosure shall be made to each prospective purchaser or tenant in
substantially the following form, where applicable:
THE STREETS IN THIS SUBDIVISION AND STORMWATER CONTROL FACILI'PTES
ARE PRIVATE. THE OWNERS, HOMEOWNERS' ASSOCIATION, OR CONDOMINIUM
ASSOCIATION ARE RESPONSIBLE FOR. ALL REPAIRS AND MAINTENANCE.
or
THE. CONSTRUCTION DESIGN OF THESE. STREETS AND STORMWATER CONTROL
FACILITIES HAVE BEEN APPROVED BY THE CITY. UNTIL SUCH TIME AS STREETS
AND THESE FACILITIES ARE ACCEPTED BY THE CITY FOR MAINTENANCE, THE
OWNERS, HOMEOWNERS' ASSOCIATION, OR CONDOMINIUM ASSOCIATION WILL BE
RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE.
or
THE STREETS AND STORMWATER CONTROL FACILITIES IN THIS SUBDIVISION WHICH
ARE CONSTRUCTED BELOW THE FLOOD ELEVATION ARE PRIVATE. THE OWNERS
ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE.
Such modifications of the above language shall be made, and only such modifications may be made,
as are necessary to plainly and accurately portray the current and future status of subdivision streets.
Any reference in such disclosure to aboard of trustees or managers or similar persons shall further
disclose the manner of selection of existing and future trustees or managers and the manner in which
any costs borne by such persons will be defrayed.
C. Responsible Parties. The requirements of this Section shall be complied with by any developer,
development corporation, lender, title company, real estate broker, corporation, agent, manager or
management corporation, and each agent or employee of any of the foregoing to the extent of
involvement in marketing of subdivision property.
D. Specific Requirements. It is the responsibility of each responsible party to accomplish the disclosure
required by this Section. Without limiting the generality of this obligation, a copy of the required
disclosure, in any event:
1. Shall be prominently posted in the sales office;
2. Shall be contained in a contract for the sale, lease or rental of a dwelling unit or non-residential
facility and, if not printed in "red letter" or similar contrasting and -noticeable colors, shall be
specifically pointed out to a prospective purchaser or tenant prior to execution of any such
contract;
3. Shall be printed in readily legible type on any map or plat used for marketing purposes.
E. Exceptions. The disclosure required by this Section naafi not be made:
1. In advertising by billboard, radio, television or newspaper;
2. By a person presently owning or leasing and who has never owned or leased within the
subdivision or development more than the single unit which is proposed to be sold, leased,
subleased, or rented.
F. Pre Approval Of Modified Disclosure..
1. Any proposed modification of the language of the required disclosure shall be submitted to the
Director of Planning or officer appointed by the City Council for approval prior to use.
59
§ 1005.265 Wildwood City Code § 1005.270
2. The Director of Planning or officer appointed by the City Council shall approve any
modification which is factually accurate and serves to inform a prospective purchaser or tenant
at least as well as the language set forth above.
3. Any approved modification of the required disclosure may be used in lieu of the above language
so long as the same is factually accurate. (Ord. No. 209 §1005.265, 2-26-96)
SECTION 1005.270: SIDEWALKS
A. Sidewalk Requirements.
1. Sidewalks shall be required on both sides of all streets, except for:
a. Cul-de-sac streets containing eight (8) orfewer single-family lots, including corner lots.
b. The circular "bulb" portion of all cul-de-sacs.
c. In the "R-1" Zoning District, where the minimum lot frontage is one hundred twenty-five
(125) feet on loop streets of not more than twenty-six (26) lots and on cul-de-sac streets
of not more than thirteen (13) lots.
d. Large -lot subdivisions.
e. Subdivisions in the "NU"Non-Urban Residence District utilizing the planned residential
development procedure.
2. Sidewalks shall be constructed to City specifications. The minimum requirements for sidewalks
shall be as follows:
a. Residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick,
except in driveways where a six (6) inch thickness shall be required.
b. Non-residential sidewalks shall be of concrete, four (4) feet wide and four (4) inches thick,
except a greater width may be recommended by the City of Wildwood. Sidewalks through
driveways shall be required to be seven (7) inches in thickness.
c. Where sidewalks are located adjacent to a vertical curb within a street intersection,
wheelchair ramps will be required.
d. Where sidewalks are to be located adjacent to a roadway under the jurisdiction of the
Missouri Highways and Transportation Department and/or St. Louis County, they may be
required to be placed in a public easement outside of the State or County right-of-way.
Maintenance of walks along State or County rights -of -way shall be the responsibility of the
property owners or the trustees of the subdivision.
B. Sidewalk Exemptions. Sidewalks shall not be required for a large -lot subdivision or for industrial
development within the "M-1" Zoning Districts.
C. Sidewalk Variance Procedure. A petitioner may apply to the Planning Department for deletion of
sidewalks, including submittal of an alternate sidewalk plan, through the utilization of the variance
procedure in accord with Section 1005.380 of this Chapter. Along the County arterial roadways, the
St. Louis County Department of Highways and Traffic shall be requested to provide the Department
of Planning with recommendations concerning conditions within road right-of-way involved with a
request for variance or alternate sidewalk plans. The Department may grant a variance in the
following cases:
60
§ 1005.270 Subdivision And Development Regulations § 1005.290
1. Where sidewalks are not deemed necessary for the public safety or where topographical or other
conditions make their installation and use impractical.
2. Where tracts of land are created having at least three hundred (300) feet of frontage which could
be resubdivided into smaller lots at a future time.
3. Where the subdivision designer has submitted for review a proposed sidewalk plan that provides
for more direct and safer movement of pedestrian traffic.
4. Where justifiable conditions can be shown that the strict application of the requirements
contained in this Section would:
a. Impose practical difficulties or particular hardship; or
b. Cause additional walks that would not be in the public interest, and public safety could be
adequately accommodated without the sidewalks.
D. When alternate sidewalk plans are proposed for location within the public right-of-way, the
Department of Public Works shall provide the Department of Planning with recommendations based
on conditions within the affected rights -of -way. (Ord. No. 209 §1005.270, 2-26-96)
SECTION 1005.280: WATER MAINS
A. Where the Department determines that an approved public water supply is reasonably accessible or
procurable, it shall be made available to each lot within the subdivided area. The developer shall
install fire hydrants as determined by the appropriate fire protection district in accordance with the
requirements of the Insurance Office of Missouri.
B. In the absence of a public water supply, wells shall be constructed, or a connection to a private water
supply system shall be provided, so that an adequate supply of potable water will be available to
every lot within the subdivision. The information furnished and the approval of same shall comply
with the requirements of the Missouri Department of Natural Resources. The water supply system
shall be constructed under the observation and inspection of the Department of Public Works.
(Ord. No. 209 §1005.280, 2-26-96)
SECTION 1005.290: STORM SEWERS
A. Storm drainage improvements consisting of storm sewersystems or open channels shall adequately
drain the areas being developed. No change in watersheds shall be permitted. All stormwater shall
be discharged at an adequate natural discharge point.
B. The design of drainage improvements shall be coordinated to the extent possible with present and
probable future improvements so as to form part of an integrated system.
C. Storm drainage facilities located within subdivided lots and common land areas shall be the
maintenance responsibility of the abutting property owners or subdivision trustees.
D. Adequate provisions shall be made for this disposal of stormwater in accordance with the
specifications and standards of the Metropolitan St. Louis Sewer District where applicable, or any
other legally constituted districts, and the City of Wildwood.
E. Erosion and siltation control devices shall be required as directed by the City of Wildwood. In areas
of steep slopes (greater than ten percent (10%)) and fragile soils, the Director or the Planning and
Zoning Commission may require extra measures to control stormwater runoff and erosion associated
with the site's development. (Ord. No. 209 §1005.290, 2-26-96)
61
§ 1005.300 Wildwood City Code § 1005.320
SECTION 1005.300: SANITARY SEWERS
A. Where an approved publicly or privately owned sanitary sewer system is located within two hundred
(200) feet and reasonably accessible and meets the requirements of the Missouri Department of
Natural Resources, Department of Public Works, and the Department of Planning, 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. 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 limits, the developer shall install sewers in conformity with such plans,
although a connection to an existing main may not be immediately practicable. In such cases, and
until a connection is made with an approved publicly or privately owned sewer system, the use of
a sewage treatment facility will be permitted, provided such disposal facilities are constructed in
accordance with the regulations and requirements of the Missouri Department of Natural Resources
and Chapter 415, Zoning Regulations, and constructed under the observation and inspection of MSD,
within its limits, or the Department of Public Works.
C. Where no sewers are accessible and no plans for same have been prepared, the developer shall install
sewer linesand a disposal system in accordance with the requirements of the preceding Subsection
(B), provided that all new sewage treatment facilities or systems subject to this Chapter shall operate
under a tertiary standard for treatment of effluent. Exceptions by Planning Commission may be made
only after a public hearing on a petition for such exception where the developer demonstrates
insurmountable difficulties or that implementation of a package tertiary system would necessarily
contradict the purposes of other regulations of this Chapter. (Ord. No. 209 §1005.300, 2-26-96)
SECTION 1005.310: STREET SIGNS
A. Reflectorized street signs bearing the name of the street, as designated on the record plat, shall be
placed at all street intersections.
B. The City of Wildwood shall approve the location and inspect the installation of streetname signs in
all subdivisions.
C. The size, height and type of sign shall be in accordance with the specifications of the City of
Wildwood.
D. Street signs shall not be required for large -lot subdivisions other than at each intersection of a
designated private roadway easement with an existing or proposed public street. (Ord. No. 209
§1005.310, 2-26-96)
SECTION 1005.320: STREET LIGHTING
Street Lighting Plan Submission And Review. The developer shall submit for review and approval
such number of copies as requested by the Department of the approved preliminary plat indicating
the location of light standards in compliance with the following:
1. Illumination standards. All street lighting shall comply with Section 1003.169 "Outdoor
Lighting Requirements" of the City of Wildwood's Zoning Code.
62
§ 1005.320 Subdivision And Development Regulations § 1005.330
a. In a non-residential subdivision, single-family residential subdivision or multiple -family
subdivision street lights shall be provided at each intersection of a street within the
subdivision, on street frontage between intersections, at each intersection of a street with
a pedestrian way, at each circular turnaround, and within parking lot areas to comply with
the provisions and regulations described herein. In a large -lot subdivision or a subdivision
in the "NU" Non -Urban District utilizing the density development procedure, a street light
shall be required only at each intersection of a private roadway easement with an existing
or proposed public street. A street light shall also be provided at each intersection of a
street within a subdivision in the "NU" Non -Urban District utilizing the density
development procedure.
b. Residential subdivision. The maximum distance between light standards on cul-de-sac and
loop streets shall be three hundred twenty-five (325) feet, except within the "R-1"
Residence District wherein the maximum shall be four hundred (400) feet. The maximum
distance between street lights shall be three hundred twenty-five (325) feet on all minor
streets and multiple -family access drives, two hundred fifty (250) feet for collector streets,
and two hundred (200) feet for arterial streets, except that arterial streets within the "R-1",
"R -1A," and "R-2" Residence Districts may utilize the spacing standards for a collector
street.
c. Non-residential subdivision. For cul-de-sac streets, loop streets, and minor streets the
maximum distance between street lights shall be three hundred twenty-five (325) feet. The
maximum distance between street lights in collector streets shall be two hundred fifty (250)
feet, and on arterial roadways two hundred (200) feet, except that for subdivisions within
any "M" Industrial District streetlights on a collector street may be placed at maximum
intervals of three hundred twenty-five (325) feet. Alternate street lighting for non-
residential subdivisions to accomplish the above standard may be considered as provided
in Section 1005.160 of this Chapter.
2. Lighting shall be designed and maintained to avoid unnecessary illumination of residential
interiors.
3. Energy source. All energy sources supplying illumination shall be buried a minimum of
eighteen (18) inches below grade. All piping and wiring to illumination sources shall be
contained within the light standards or pole structure.
4. All electric lighting shall be controlled automatically by progranuned time devices, photo
electric cells, or the like. Street and residential lighting shallbe on from dusk to dawn.
5. Location. Light standards shall not be located within three (3) feet of the street pavement.
Where sidewalks are required, street light standards shall -be located between the sidewalk and
street pavement. Variation to this Section may be approved by the Director.
6. Maintenance and operation. The developer shall submit to the Department a maintenance
agreement, a trust indenture, or other similar instrument setting forth the person, corporation,
trustees, or other agency responsible for the assessment as well as the collection of the monies
necessary for the operation of the lighting system within the subdivision.
7. Installation. All lighting shall be installed and maintained in accordance with the approved
lighting plan. (Ord. No. 209 §1005.320, 2-26-96)
SECTION 1005.330: UNDERGROUND WIRING FOR SUBDIVISIONS
All utility distribution lines, including electric and telephone, shall be installed underground, except
those overhead distribution feeder lines necessary to serve that subdivision and in locations as
approved by the Department. Cable switching enclosures, pad -mounted transformers, and service
pedestals may also be installed above ground and may be installed as a part of the street lighting
63
§ 1005.330 Wildwood City Code § 1005.340
standards where approved by the Department. The Department may approve aboveground
installations in whole or part for non-residential subdivisions only when a request is submitted by
the developer with documentation that supports the impracticability of installing such utility lines
underground. (Ord. No. 209 §1005.330, 2-26-96)
SECTION 1005.340: LANDSCAPING
A. A subdivision landscape plan, excluding that portion of individual residential lots behind the building
line, shall be submitted for review to the Department prior to submitting the proposed record plat.
This plan shall contain types, sizes and locations of all proposed and existing plantings, which shall
comply with the Tree Manual of Chapter 410 Tree Preservation and Restoration Code of the City
of Wildwood. The developer shall guarantee the installation of additional landscaping as shown on
the approved landscaping plan by escrow agreement or land subdivision bond.
B. Required Street Trees. For all single-family residential subdivisions there shall be a minimum of one
(1) tree for every forty (40) feet of frontage. For common land, multiple -family residential
subdivisions, and non-residential subdivisions there shall be a minimum ratio of one (1) tree for
every forty (40) feet of street frontage. Trees may be of the hardwood or softwood varieties. Each
tree shall be at least two and one-half (2') inches in caliper one (1) foot above grade. A maximum
of forty percent (40%) of one (1) species may be utilized to meet planting requirements within each
plat of a subdivision: Street trees shall not be required for large -lot subdivisions or for subdivisions
in the "NU" Non -Urban District utilizing the density development procedure on lots having frontages
of one hundred fifty (150) feet or greater:
1. Location. Trees as required to meet this Section shall be located in front of the building line
but shall not be located within a street right-of-way unless so approved by variance pursuant
to Section 1005.380. Location of new street trees shall not be allowed within the following
areas:
a. Street trees shall not be planted closer than three (3) feet to any curb.
b. Street trees when located within the street right-of-way line by variance shall not be placed
within twenty-five (25) feet of street lights.
c. At street intersections, no street tree shall be placed within the triangular area bounded by
thepavement lines and a line connecting the two (2) points of the edge of the street
pavement fifty-four (54) feet from the point of intersection of the projected lines of the
street pavements.
d. Street trees shall not be planted within ten (10) feet of street inlets or manholes.
2. All trees must be taken from a list of acceptable species maintained by the Department of
Planning.
3. In lieu of the planting of street trees as required by this Section, the developer may submit to
the Department for review and approval an alternate landscape plan. This plan shall provide for
trees appropriate in number and species for the area in front of the building line.
C. Structures or planting proposed at the subdivision entrance shall be approved by the City of
Wildwood.
D. The City of Wildwood may require sodding or other means of ground cover appropriate to insure
erosion control.
E. The Department may require the clearing of underbrush and may require sodding, seeding, and other
landscaping improvements in common land where land has been altered: (Ord. No. 209 §1005.340,
2-26-96)
64
§ 1005.350 Subdivision And Development Regulations § 1005.360
SECTION 1005.350: DWELLING UNIT DISPLAY PLAT PROCEDURE
A. Purpose. To provide a procedure whereby the construction of a display house or multiple -family
display unit can begin prior to the recording of the record subdivision plat.
B. Procedure. After receiving approval of a preliminary plat of a proposed subdivision from the
Department, the developer may submit a display plat to the Department for review and approval.
There may be two (2) display houses or units for subdivisions proposing less than ten (10) lots or
units. Developments containing at least ten (10) lots or units and not more than sixty (60) lots or
units proposed shall be allowed three (3) display houses. For developments containing greater than
sixty (60) lots or units one (1) additional display house or unit for every twenty (20) houses or units
proposed beyond sixty (60) will be permitted, not to exceed ten (10) display houses or units.
C. Display Plat. The display plat shall include a complete outboundary survey of the proposed
subdivisions and the location of each display in relation to proposed lots. The script shall comply
with the requirements of the Department including, but not limited to, the following:
1. The display plat shall be recorded in the Office of the St Louis. County Recorder of Deeds prior
to issuance of a building permit for any display with a copy to be filed with the City of
Wildwood.
2. The display plat shall become null and void upon the recording of a record plat which
establishes that each display is on an approved lot.
3. No part of the proposed subdivision may be conveyed, nor an occupancy permit issued, for any
structure therein until the display house or units have been located on an approved lot.
4. If initial construction of a display has not commenced within sixty (60) days, the Department's
approval shall lapse and the display plat shall be null and void.
5. Lots should be on an approved lot of record within one (1) year of the display plat's recording
or such longer period as may be permitted by the Director of Planning. If the record plat is not
filed, the then -owner shall remove or cause to be removed all display houses or units from the
property. Failure of owner to remove the display houses or units from the property within one
(1) year plus thirty (30) days of date of approval shall constitute the granting of authority of
City to remove or cause the display houses or units to be removed, the cost of which shall be
borne by the owner and shall become a lien against the property.
D. The display plat shall be executed by the owner and lienors. (Ord. No. 209 §1005.350, 2-26-96)
SECTION 1005.360: BOUNDARY ADJUSTMENTS —EXCEPTIONS
A. Purpose. The purpose of this Section is to allow adjustments to be made to lot lines of platted lots
or other lawful parcels for the purpose of adjusting the sizes of building sites; however, it is not
intended that extensive replatting be accomplished by use of this Section.
B. Boundary Adjustments Must Meet The Following Criteria:
1. No additional lot shall be created by any boundary adjustment.
2. The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required
by this Chapter or Chapter 415, Zoning Regulations.
C. Procedure.
1. A boundary adjustment shall be accomplished by plat and include an adequate legal description
of the boundaries of the original lots and of the adjusted lots.
65
§ 1005.360 Wildwood City Code § 1005.370
2. The boundary adjustment plat shall be submitted to the Department of Planning for review and
approval prior to its recording with the Recorder of Deeds of St. Louis County, with a copy
to be filed with the City of Wildwood.
3. Processing fees as prescribed in Section 1005:370 of this Chapter shall be filed in conjunction
with any boundary adjustment plat or deed.
D. Lots In Non -Compliance. Boundary adjustments shall be allowed for lawful lots existing hi non-
compliance with minimum area, frontage, and dimensional requirements of this Chapter or Chapter
415, Zoning Regulations, provided that the resulting adjustment of lot lines does not increase the
degree of non-compliance with the Zoning Regulations and this Chapter. (Ord. No. 209 §1005.360,
2-26-96)
SECTION 1005.370: SUBDIVISION REVIEW FEES
A. Filing Fee. There shall be a seven hundred dollar ($700.00) filing fee accompanying the submission
of a proposed preliminary plat, except where previously reviewed under the Special Procedure
Section of Chapter 415, Zoning Regulations, in which case there shall be no fee. Credit shall be
given to the developer for fifty percent (50%) of the filing fee at the time of submission of a
proposed record plat. There shall be a three hundred dollar ($300.00) filing fee for a minor
subdivision plat, condominium plat, boundary adjustment, or lot split approval.
B. Subdivision Permit Fees.
1. There shall be a thirty-five dollar ($35.00) per lot subdivision permit fee accompanying the
submission of a proposed residential record plat.
2. There shall be a fifteen dollar ($15.00) per dwelling unit subdivision permit fee accompanying
the submission of a proposed record plat for multiple -family dwelling unit subdivision..
3. There shall be a fifty dollar ($50.00) per acre subdivision permit fee accompanying the
submission of a proposed record plat for a non-residential subdivision.
C. Display Plat Permit Fee. There shall be a two hundred fifty dollar ($250.00) filing fee plus a fifty
dollar ($50.00) per unit fee accompanying the submission of a display plat.
D. Certificate Of Approval. There shall be a fee of seventy five: dollars ($75:00) for a Certificate of
Approval.
E. Highway Inspection Fee. The Department shall also collect inspection fees for the account of the
City of Wildwood at the rate of sixty-five dollars ($65.00) per hour, based upon the Director of
Public Works' estimate of time required to inspect storm sewers and other drainage structures,
outside the Metropolitan St. Louis Sewer District, and the streets, public or private, including paving
and sidewalks. The Department of Public Works shall be entitled to full compensation for the time
consumed in making such reviews or inspections and for actual costs of ones contracted for services
related to inspections or reviews. If the estimated fee is inadequate, the necessary additional fees
shall be collected by the Department upon notice from the Department of Public Works, and if the
estimated fee is in excess of the amount actually expended, the balance shall be refunded by the
Department of Public Works. Claims for such refunds shall be paid when audited and approved by
the Director of Public Works.
F. In addition to all fees provided for herein, the developer shall pay for and arrange for other
inspections or reviews by the Department of Public Works and Department of Planning as may be
required by other ordinances and regulations of the City. The Director of Public Works may require
any inspection or review to be undertaken by a third party including, but not limited to, a civil
engineer, traffic engineer, architect, or other professional and shall collect from the developer the
actual cost of such inspection or review.
66
§ 1005.370 Subdivision And Development Regulations
§ 1005.380
G. The Department shall at the end of each month account for the inspection fees collected.
H. There shall be a three hundred fifty dollar ($350.00) review fee accompanying an application for
variance to this Chapter. (Ord. No. 209 §1005.370, 2-26-96)
SECTION 1005.380: VARIANCES
A. Grounds.. The Director of Planning may modify or authorize a variance to all provisions of this
Chapter, when the following circumstances apply:
1. The tract to be subdivided is of such unusual size or shape, or contains such topographic
conditions or characteristics, or is intended for the construction of improvements of such.
unusual design or arrangement that the strict application of requirements in this Chapter would
impose practical difficulties or particular hardship.
2. Criteria for variances established elsewhere in this Chapter for a specific requirement have been
met.
3. The granting of a variance will not be detrimental to the public interest.
4. In granting variances the Director may require such conditions which in his judgment secure
the objectives of this Chapter.
B. Application For Variance.. Shall be made in writing and state fully and clearly all facts necessary
to support the request. All requests shall be accompanied by the processing fee established. in Section
1005.370: The application shall be accompanied by maps, plans, or additional data which may aid
in the complete analysis of the request.
C. The Director shall make a decision regarding the variance request or request additional information
within twenty (20) working days of receipt of the request. The petitioner shall be notified in writing
of the decision of the Director.
D. Low Cost Housing.
1. It is the intent of this Chapter to permit and facilitate housing for low and moderate income
families and individuals of the City of Wildwood. It is also the intent of this Chapter to
facilitate such housing without lowering the requirements contained- in. this Chapter. However,
the use of varied designs, new design techniques, and other similar alternatives are encouraged
as an alternate to reducing the minimum requirements listed herein. Therefore, there is hereby
established provision for variances in lot size requirements,flexibility in building types, varied
relationships between buildings, alternate improvement standards, and other alternate approaches
when such accompany or are a part of a density development procedure under Chapter 415,
Zoning Regulations. Such a development must have adequate provisions for minimum
supporting recreational facilities and provide for the development of a diverse and interesting
urban environment. Nothing in this Chapter shall prohibit the sale of an apartment, townhouse,
duplex, or other type of dwelling unit as individual units or on individual lots under the
Condominium Law of the State of Missouri. Utilization of this law in order to attain a high
degree of private ownership in such housing developments for low and moderate income
families and individuals is encouraged.
2. Under the provisions of this Section, variances may be received, considered and acted upon by
the Commission as a part of and under the density development procedure, subject to payment,
if approved, of one-half Ch) the appropriate fee for such variances. Under this procedure, such
special variances will be considered only when there is adequate assurance that the development
actually will be utilized for low and moderate income families. (Ord. No. 209 §1005.380, 2-
26-96)
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§ 1005.385 Wildwood City Code § 1005.405
SECTION 1005.385: APPEAL PROCEDURES
A. Upon the denial of an application for a variance by the Director, petitioner may file a formal appeal,
upon payment of an additional variance fee to the Commission, requesting a formal determination
from the Commission. The Commission may affirm, reverse or modify, in whole or in part, any
determination by the Department.
B. Right -Of -Way Requirements.
1. The developer may appeal to the City Council the right-of-way required by the Department of
Planning on request by the Department of Public Works under Section 1005.180(1)0) when the
requirement for right-of-way is in excess of twenty (20) feet on either side of a street.
2. The Department of Public Works may appeal to the City Council when the preliminary plat has
been approved by the Department of Planning which does not reflect a request by the
Department of Public Works for dedication under Section 1005.180(1)0) along an existing street
for right-of-way in excess of twenty (20) feet on either side of a street.
3. Appeals filed under this provision shall be filed with the City Council within fifteen (15) days
after date of action on the determination of right-of-way requirements by the Department of
Planning. (Ord. No. 209 §1005.385, 2-26-96)
SECTION 1005.390: ADMINISTRATION
The Department may adopt, amend and publish rules and instructions within the intent of this
Chapter for the administration of this Chapter to the end that the public be informed and that
approval of plats be expedited. (Ord. No. 209 §1005.390, 2-26-96)
SECTION 1005.400: VIOLATIONS AND PENALTIES
A. No property description of any subdivision within the jurisdiction of this Chapter shall be entitled
to be recorded in the St Louis County Office of the Recorder of Deeds or have any validity until it
has been approved in a manner prescribed herein. In the event any such unapproved property
description is recorded, it shall be considered invalid and the City Attorney may cause proceedings
to be instituted to have such plat or deed declared invalid.
B. Any person, firm, association or corporation violating any provisions of this Chapter, or any
employee,assistant, agent, or any other person participating or taking any part in, joining, or aiding
in a.\violation of any provision of this Chapter may be prosecuted as provided by law for the
violation of ordinances of the City of Wildwood and upon conviction shall be punished by a fine not
exceeding five hundred dollars ($500.00) for any one (1) offense or imprisonment in the County Jail
for not more than six (6) months, or by both such fine and imprisonment. Each day a violation
continues after service of written notice to abate it shall constitute a separate offense, but no notice
to abate is a prerequisite to prosecution of any single violation. Each separate instance of violation
of Section 1005.265 shall constitute a separate offense.
C. In addition to the penalties hereinabove authorized and established, the City Attorney may take such
other actions at law or in equity as may be required to halt, terminate, remove, or otherwise
eliminate any violation of this Chapter. (Ord. No. 209 §1005.400, 2-26-96)
SECTION 1005.405: PARCELS OF LAND CREATED BY COURT ORDER
Any court ordered division of a tract of land must comply with the requirements of this Chapter.
(Ord. No. 209 §1005.405, 2-26-96)
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§ 1005.410 Subdivision And Development Regulations § 1005.410
SECTION 1005.410: PRELIMINARY PLAT APPROVAL OF A SUBDIVISION PRIOR TO
ADOPTION OF ORDINANCE
At the discretion of the City, the remaining sections of any subdivision having been given
preliminary approval by St. Louis County within three (3) years prior to the adoption of this
Chapter, for which one (1) or more record plats have been filed in the Office of the Recorder of
Deeds within six (6) months after the effective date of this Chapter, (February 26, 1996), may be
permitted to continue to develop under the provisions of the existing Subdivision Regulations as
adopted by the City of Wildwood. However, if authorized, the remaining sections must be recorded
within two (2) years after the effective date of this Chapter, or unless the time is extended by
resolution of the City Council. (Ord. No. 209 §1005.410, 2-26-96)
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