Shrewsbury City Zoning Code
CHAPTER 435
Subdivision Regulations
Section 435.010 Definitions.
[CC 1976 §435.010; Ord. No. 773 §1, 8-1-1961]
For the purposes of this Chapter the following terms and words are herewith defined as follows:
A line on a plat between which line and street no building or structure may be erected.
Paving, grading, storm sewers and appurtenance, sanitary sewers and appurtenances, installation of water mains and hydrants, and any other facilities deemed necessary by the Board of Aldermen.
Permanent markers such as car axles, iron pipes, pins or iron pipe encased in concrete, concrete monuments, and stones, a minimum of twenty-four (24) inches in depth, crosses or arrows on walks, curbs or pavements that will not be removed or destroyed during the construction of the necessary improvements shall be classed as permanent, provided however, that exact distance and course to said crosses and arrows are shown on the subdivision plat.
A map, drawing, or chart on which the subdivider's plan of the subdivision is presented and which he/she submits for approval and intends when approved in its final form to record in the office of the St. Louis County Recorder.
A place, avenue, court, drive, lane, or thoroughfare over which pedestrians, private or public vehicles may pass inclusive of any parking or walk areas.
A subdivision of land is either:
The division of land into two (2) or more lots, sites, or parcels, any lot, site, or parcel of which is five (5) acres or less in area;
Establishment or dedication of a road, highway, street, or alley through a tract of land regardless of area of tract of land; or
Resubdivision of land heretofore divided or platted into lots, sites, or parcels; provided, however, that the sale or exchange of parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered as a subdivision of land.
Section 435.020 Plat Submittance and Approval Procedure.
[CC 1976 §435.020; Ord. No. 773 §2, 8-1-1961]
A.
Preliminary Approval. All parties owning a tract or parcel of land within the corporate limits of the City of Shrewsbury desiring to make a subdivision of same shall cause to be prepared a preliminary plat and other information containing such data as is outlined in this Chapter and shall submit same to the City Plan Commission for its preliminary approval or rejection. The owner of a tract of land having one (1) or more acres to be subdivided or more than one (1) parcel of land having a combined area of one (1) or more acres to be subdivided or re-subdivided shall pay a fee of twenty-five dollars ($25.00) to the City Clerk at the time preliminary plat is filed, said twenty-five dollars ($25.00) is to be the land subdivision permit fee required by the provisions of this Chapter. Said fee shall not be returned, but shall be used for the purpose of providing funds for administrative costs incidental to the processing of the plat by the City Plan Commission and their officers or employees and/or Board of Aldermen, including review of improvement plans, meetings, and any other costs incurred in the processing of the plat. The preliminary plat shall be submitted to the City Plan Commission by submitting three (3) prints of said preliminary plat to the City Clerk one (1) week before the meeting of the Plan Commission, and upon the submission of a preliminary plat the City Clerk shall notify the Chairman of the Plan Commission of it submission. The three (3) prints submitted shall be retained by the City Clerk for the use of the City Plan Commission.
The City Plan Commission shall hold a meeting within thirty (30) days of the submission of said preliminary plat to see if it conforms with preliminary standards and requirements and shall approve or reject said preliminary plat within forty-five (45) days after date of submission by notification to the subdivider stating its approval or reason for its rejection.
After action by the City Plan Commission on the preliminary plat it shall be submitted to the Board of Aldermen for their approval or rejection. If the City Plan Commission and the Board of Aldermen do not approve or reject said plat within ninety (90) days of the date of submission of said plat to the City Clerk, the preliminary plat shall be deemed to be approved. However, the approval of the preliminary plat does not constitute approval of the subdivision, but is merely an authorization to proceed with the preparation of the final plat.
B.
Final Approval. Following approval of the preliminary plat the subdivider shall submit to the City Plan Commission, for its approval or rejection, four (4) prints of the final plat, the final plat, and two (2) prints of the improvement plans of the subdivision containing the data and information outlined in this Chapter. One (1) copy of any restrictions, if too lengthy to be placed on the plat, shall be submitted also, all prints, final plat, and restrictions being submitted by filing with the City Clerk one (1) week before the meeting of said City Plan Commission. The plan relating to construction data shall bear the signature and seal of an Engineer licensed to practice Professional Engineering in the State of Missouri and at least one (1) copy of said plans shall carry the stamp of approval of the Metropolitan St. Louis Sewer District, acceptable to the City of Shrewsbury. The City Plan Commission shall approve or reject said plat, plans, or both and so notify the subdivider and Board of Aldermen of said action.
After action of the City Plan Commission the subdivision plat, plans, and restrictions, if any, shall be submitted to the Board of Aldermen for final approval or rejection, and for acceptance or rejection of streets, alleys, ways, easements, parks or other areas for or dedicated to the public. However, if the City Plan Commission has not or does not approve both the final plat and plans of the subdivision, the Board of Aldermen may approve said plat and accept the public areas and easements thereon only by a three-fourth (¾) vote of the entire membership of the Board of Aldermen.
Section 435.030 Plat Recorded.
[CC 1976 §435.030; Ord. No. 773 §2, 8-1-1961]
A.
Within thirty (30) days following the approval of the final subdivision plat, the subdivider shall file said plat in the office the St. Louis County Recorder of Deeds or notify the Board of Aldermen in writing of the abandonment of the subdivision. All approvals of final subdivision plats not recorded within thirty (30) days as herein specified shall be void; provided however, that the period for recording the plat may be extended by resolution of the Board of Aldermen so long as the request for such extension is presented to the Board of Aldermen in writing prior to the expiration of the thirty (30) day period after the final approval of the plat.
B.
After all signatures have been affixed to the final subdivision plat, four (4) blue or black line prints shall be sent to the City Clerk.
Section 435.035 Notification of Cable Company and Utilities.
[CC 1976 §435.035; Ord. No. 1939 §1, 5-10-1994]
If utilities are to be placed underground, subdividers or other real estate developers shall notify the then franchised cable company and all other utility companies operating within the City when open trenching will be available for installation (at the utility's expense) of conduit, pedestals and/or vaults, laterals, wiring, pipes, tubes and all other modes and methods of conveying service.
Section 435.040 Information Required On Preliminary and Final Plats.
[CC 1976 §435.040; Ord. No. 773 §3, 8-1-1961]
A.
Each subdivider of land should confer with the City Plan Commission or City Officials before preparing the preliminary plat in order to become thoroughly familiar with Zoning Regulations or with any municipal regulations affecting the territory in which the proposed subdivision lies. Copies of this Title shall at all times be available in the office of the City Clerk.
1.
Preliminary plat. In seeking to subdivide land, the owner shall submit three (3) blue or black line prints of a preliminary plat to the City Plan Commission, in the aforementioned manner, for their approval or rejection before submission of the final plat and plans. The preliminary plat shall be drawn to a scale of not less than one (1) inch to sixty (60) feet and shall show:
a.
Name and address of developer and firm or engineer making plat.
b.
North point, scale, and date.
c.
Location of property being subdivided by Section, U.S. Survey, Congressional Township Lines, with names and boundaries of adjoining subdivisions or owners of unsubdivided properties inclusive of boundary lines of any incorporated areas within or adjoining the subdivision.
d.
Streets and alleys in abutting properties or connections to other streets bordering the property with the type and width of existing paving together with the location of existing structures, rights-of-way and easements with their widths.
e.
Contours at five (5) feet or less intervals on subdivision containing more than two (2) acres.
f.
Water courses, sink holes, tree masses and other similar and existing features together with existing storm and sanitary sewers within the tract and similar facts regarding existing conditions on property immediately adjacent thereto.
g.
Proposed location and width of streets or alleys with type and width of proposed paving together with proposed easements for utilities. Storm and sanitary sewers and approximate location of catch basins and manholes.
h.
Proposed location of lots giving scaled dimensions of all sides and approximate area of all irregularly shaped lots with proposed building lines. Corner lots shall have extra width to provide for building lines on both front and side streets with special consideration given to lots that abut major thoroughfares.
i.
Proposed dedications inclusive of corner roundings, widening strips, and any proposed parks.
2.
Final plat. Four (4) blue or black line prints of the final plat, the original plat (on tracing cloth) to a scale of not less than one (1) inch to sixty (60) feet and two (2) blue or black line prints of the improvement plans shall be submitted to the City Plan Commission before submission to the Board of Aldermen for their approval or rejection. The final plat shall show:
a.
Boundaries of the property subdivided showing the location and extent with relation of such land to adjacent subdivision, sections, U.S. Survey, and Congressional Township lines. Boundary lines of any incorporated areas within or adjoining the subdivision together with points of compass, scale, name of subdivider and certificate of registered land surveyor.
b.
Name of the subdivision and all streets within and adjoining the subdivision.
c.
The lines of all proposed streets and alleys with their width and distances to adjoining streets and alleys.
d.
All lot lines, building lines and easement dimensions, both linear and angular, necessary for the location of boundaries of the subdivided area or of the lots, streets, alleys, easements, and building lines, and any other areas reserved for public or private use. The linear dimensions shall be expressed in feet and decimals of a foot and the angular dimensions in degrees, minutes, and seconds.
e.
Radii, arcs, chords, points of tangency, central angles for all curvilinear streets or any combination of the above enabling any and all of the above dimensions to be calculated. Radii for all rounded corners.
f.
All monuments together with their description.
g.
Any private restrictions shall be shown on the plat or references made to them thereon. Plats shall contain proper acknowledgements of owners and mortgagees accepting said restrictions. Restrictions shall be filed with the plat for review and a final copy filed with the City Clerk after approval has been given by the Board of Aldermen.
h.
When any street or other property is to be dedicated to public use, the party or parties submitting the plat must furnish a certified copy of an abstract of certificate of title by a responsible title examiner showing the title to the land is fully vested in the party or parties making the decision. Mortgagees shall join in said dedications.
i.
A certificate shall accompany the final plat showing that all taxes due and payable shall have been paid.
j.
The designing engineer shall certify as to the area in square feet of all irregular lots.
k.
Improvement plans approved by the Metropolitan St. Louis Sewer District shall also be submitted with final plat showing the profiles of all streets, storm and sanitary sewers, and drainage structures together with the cross sections of streets and all proposed construction of any and all improvements. (U.S.G.S. datum plane or equation enabling conversion of given elevations to U.S.G.S. datum, must be used.)
Section 435.050 Minimum Standards of Design and Development.
[CC 1976 §435.050; Ord. No. 773 §4, 8-1-1961; Ord. No. 851 §2, 11-10-1964; Ord. No. 1406 §1, 12-9-1980]
A.
No subdivision plat shall be approved by either the City Plan Commission or the Board of Aldermen unless it meets at least the following minimum standards and requirements:
1.
Grade ordinance. The plan and profile of any proposed street shall contain sufficient information for the writing of a grade ordinance.
2.
Easements. Easements of not less than five (5) feet in width shall be provided on each side of all rear lot lines and on side lot lines where necessary for poles, wires, conduits, storm and sanitary sewers, gas, and water mains. Easements of greater widths may be required where necessary for the extension of main sewers and similar utilities. Whenever any stream or important surface water course is located in an area that is being subdivided, the subdivider shall, at his/her own expense, make adequate provisions for straightening or widening the channel so that it will properly carry the surface water and shall also provide and dedicate to the Metropolitan St. Louis Sewer District additional easements along each side of the stream, which easements shall be for the purpose of future widening, improving or protecting the stream. The width of such easement shall be not less than ten (10) feet from each bank of the stream and the total width of such easement shall be adequate to provide for any necessary channel relocation and straightenings. For the purpose of this Subsection, the approval of the Metropolitan St. Louis Sewer District shall be secured acceptable to the City of Shrewsbury.
3.
Street and alley widths. The minimum width for streets shall be fifty (50) feet; except, however, topography, length, or special conditions may make a street of less or greater width more suitable. Alleys shall not be provided in Residential Districts, but may be required in the rear of all business lots and shall be at least twenty (20) feet in width. At street and alley intersections the property line corners shall be rounded by an arc having a minimum radius of twenty (20) feet and street curb intersections shall be rounded by an arc having a minimum radius of twenty-five (25) feet.
Where it is desirable to subdivide a tract of land, which because of its size, location, topography, or shape does not permit a normal street arrangement, there may be established one or more dead end streets; provided, however, all such dead end streets shall have adequate provision for the turning of vehicles at their terminal points by providing a circular drive having an over all diameter of not less than one hundred (100) feet. Except in extremely unusual instances no dead end streets shall exceed six hundred (600) feet in length.
4.
Relation to adjoining street system. The arrangements of streets in new subdivisions shall conform to the streets of the City of Shrewsbury so that new streets shall as near as may be practicable run parallel with or be continuations of the existing streets in said City. The subdivider may be required to continue certain streets through the area that is being subdivided, whenever same is necessary to provide for local movement of vehicles or to enable adjoining property to be subdivided.
Whenever there is an adjoining street (a street that runs to the subdivision at an angle and not parallel or along the subdivision boundary) which has been platted as a public street but not improved and one hundred fifty (150) feet or less in length, the subdivider shall stand one-half (½) of the cost of improving said street; provided however, the Board of Aldermen shall deem said improvement necessary for the betterment of the City's Street system.
Whenever a subdivision line is parallel and along a publicly dedicated or used street, the subdivider shall, at his/her own expense, dedicate a strip of land lying within his/her subdivision so that the total street width meets the City requirements (Subsection (3) of this Section) and stand not to exceed one-half (½) the cost of improving the entire street adjacent the proposed subdivision inclusive of paving, grading, and storm sewers.
5.
Private streets. If private streets are laid out lots shall run to the center line of the private streets making each lot subject to a minimum of fifteen (15) feet of road easement and ten (10) feet of utility easement and all lot owners shall be given right of ingress and egress over said easement, however, no combination of road and utility easements shall be less than fifty (50) feet in total width. The trustees shall be given the right to levy assessments against all lot owners for the maintenance of said private streets. Areas of these lots shall not include the area reserved as road and utility easements given in lieu of a publicly dedicated street and building lines shall be determined as though the utility easement is a part of the street. The grading, paving, and otherwise improving of such private streets shall conform to the requirements for publicly dedicated streets as set forth in this Chapter. The City of Shrewsbury will not assume liability or responsibility for maintenance on any street laid out as private until adjacent property owners repair and otherwise improve that portion of the street to City specifications and to a greater width if deemed necessary by the Board of Aldermen and said road and utility easements are dedicated to public use, said improvements shall have been made and accepted by the City of Shrewsbury not more than thirty (30) days prior to said dedication. Ingress to and egress from any private street shall not be denied to fire, police, or other public apparatus.
6.
Lots. The minimum lot area of any lot in a subdivision shall not be less than the minimum lot area requirements of the Zoning Code covering that area in which the subdivision is located. Extra width shall be provided in all corner lots to provide at least the same building area as are provided on interior lots because of the side building line requirements of lots siding on streets. All side lines of lots shall be at right angles to straight street lines, or radial to curve street lines, unless variation to this rule will give a better street and lot plan. Double frontage lots shall be avoided.
7.
Building lines. Building lines shall be shown on all lots intended for residential use of any character, and on commercial lots immediately adjoining residential areas. Such buildings lines shall not be less than required by the Zoning Code.
8.
Block. No block shall be longer than one thousand (1,000) feet between street lines.
9.
Monuments. All subdivided boundary corners, all corners of street intersections, points of curves and angle points of streets shall be marked by monuments. The subdivision boundary corners shall be marked by use of pins or pipes encased in concrete, stones, or concrete monuments. All other points may be marked by monuments as defined under Section 435.010 of this Chapter.
10.
Street names. Streets that are obviously in alignment with others already existing and named, shall bear the name of the existing street. Before the final plat of the subdivision shall be approved, the subdivider shall submit to the City Planning Commission a statement from the local postmaster approving the names of the proposed streets.
11.
Subdivision name. Before the final plat of the subdivision shall approved, the subdivider shall present a signed statement that he/she has checked the existing subdivision names of record in the St. Louis County Recorder's Office and that there will be no duplication of names.
12.
Grades. The maximum street grade shall be ten percent (10%) and all changes in street grade shall be connected by vertical curves of a minimum length equivalent to eight (8) times the algebraic difference in the rates of grade.
13.
Improvements. Before approval of the final plat of any subdivided area minimum improvements as herein below specified shall be completed to the satisfaction of the City of Shrewsbury, however, in lieu of final completion of minimum improvements, the subdivider may post a surety bond or escrow agreement, approved by the Board of Aldermen, which bond or escrow agreement will insure to the City of Shrewsbury that the improvements will be completed by the subdivider within two (2) years after final approval of the plat. The amount of the bond or agreement shall not be less than the estimated cost of the improvements, and the amount of the estimate must be approved by the Board of Aldermen. If the improvements are not completed within the specified time, the Board of Aldermen may use the bond or draw upon the escrow or any necessary portion thereof the complete said improvements.
The minimum improvements installed in any subdivision before the plat can finally be approved shall be in accordance with the following Subdivisions: (a), (b), (c), and (d).
a.
The subdivider shall install storm and sanitary sewers and provide a sanitary sewer connection for each lot in accordance with the standards and specifications of the Metropolitan St. Louis Sewer District. Before the improvements are started the plans thereof shall be approved by the Metropolitan St. Louis Sewer District and at least one (1) copy of said plans as submitted shall carry their stamp of approval. Whenever feasible, the sewers shall not be constructed within the anticipated paving area and house connections to each lot from the sanitary sewers shall be carried beyond the anticipated curb lines.
b.
The subdivider shall install water mains and fire hydrants in the subdivided area. Such installations shall be approved by the Board of Aldermen and the Missouri Inspection Bureau. If the subdivider desires he/she may make the proper payment to the St. Louis County Water Company for the installation of the necessary water mains and fire hydrants and the receipt may be presented to the Board of Aldermen. The estimated cost of this improvement shall then be deducted from the estimated cost of improvements used to determine the amount of the bond or escrow agreement. The subdivider shall also deposit with the City of Shrewsbury one hundred eight dollars ($108.00) per fire hydrant, which amount is the required rental for a period of three (3) years.
c.
The subdivider shall grade to the full width the right-of-way (inclusive of utility easements where same are considered a part of the right-of-way) and alleys (if any) within the subdivided area. The paving of such new streets shall be a minimum of twenty-six (26) feet back to back of curbs, with concrete pavement six (6) inches thick with integral curbs or a seven (7) inch water bound base with separate concrete curb and gutter and a bituminous wearing surface two (2) inches thick. The bituminous surface may be asphaltic concrete or penetration macadam. All construction shall be in accordance with the specifications of the City of Shrewsbury.
d.
Walks shall be placed within the street along the side of all corner lots and in front of all lots within subdivisions containing three (3) or more lots, which said sidewalks shall conform to the City of Shrewsbury "Specifications and Conditions for the Construction of Sidewalks in Public and Private Thoroughfares" as set forth in Section 525.010 or any additions or revisions thereof."
14.
Inspection and engineering fees. The subdivider shall deposit with the City Treasurer a sum of money as determined by the Board of Aldermen with the advice and consultation of the City Engineer and /or Building Inspector, such sum of money to be in any case not less than two hundred dollars ($200.00) per three hundred (300) lineal feet, or fraction thereof, of any proposed public improvements to be constructed in any right-of-way within the subdivision to be constructed and such sum shall be deposited before approval of any final plat. The sum of money required to be deposited by this Subsection may be used to cover the cost of engineering and inspection during construction which may become necessary and may be used to cover any and all costs or expenses the City may incur resulting from the construction of such public improvements or caused by any violation of any conditions or regulations in connection with said public improvements. In the event the City Engineer shall determine during any phase of construction of said public improvements, that additional funds may be required to meet the aforesaid cost, engineering or inspection fees then and in that event the Board of Aldermen may require the subdivider to deposit an additional amount of money with the City to cover such additional cost or fees. If there is a balance remaining in the account after such public improvements have been completed, and all expenses, costs and fees incurred by the City have been fully paid, such balance shall be returned to the person by whom the deposit was made.
Section 435.060 Variations and Exceptions.
[CC 1976 §435.060; Ord. No. 773 §5, 8-1-1961]
Whenever the strict enforcement of these regulations would entail unusual difficulties or hardships, the City Plan Commission and the Board of Aldermen may vary or modify them in such a way that the subdivider be allowed to plan and develop his/her property and record a plat of same, provided, however, that the public welfare and interest of the municipality be fully protected and the general intent and spirit of the regulations preserved.
Section 435.070 Enforcement.
[CC 1976 §435.070; Ord. No. 773 §6, 8-1-1961]
A.
No plat of any subdivision shall be entitled to be recorded in the County Recorder's Office or have any validity until it shall have been approved in the manner prescribed herein and by Ordinance passed and approved by the Board of Aldermen of the City of Shrewsbury.
B.
The Board of Aldermen shall not permit any public improvements over which it has any control to be made or any money expended for improvements in any area that has been subdivided or upon any street that has been platted after the date of the adoption of this Chapter, August 1, 1961, unless such subdivision or street has been approved in accordance with the provisions contained herein.
C.
No building or repair permits shall be issued for any structure located on a lot in any subdivision the plat of which has been prepared after the date of the adoption of this Chapter, August 1, 1961, but which has not been approved in accordance with the provisions contained herein.
D.
Any person, firm, or corporation who sells or attempts to sell a lot in violation of this Chapter or who violates or fails to comply with, or who permits or causes any person in his or her or its employ to violate or fail to comply with any provision of this Chapter, shall, upon conviction thereof, be subject to a fine of not more than one hundred dollars ($100.00), nor less than ten dollars ($10.00) for each and every offense. Each day's violation shall be considered a separate offense and separately fined.
Section 435.080 Changes and Amendments.
[CC 1976 §435.080; Ord. No. 773 §7, 8-1-1961]
Any regulation or provision of this Chapter may be changed and amended from time to time by the Board of Aldermen, provided however, that such changes or amendments shall not become effective until after study and report by the City Plan Commission.