Subdivisions
Overview
The Subdivision Code is the Maryland Heights ordinance that controls and regulates the subdivision of land within the City. The purposes of these regulations are to promote the public health, safety, and general welfare of the City by regulating the division and redivision of land; to lessen congestion in streets and highways; to further the orderly development and appropriate use of land; to establish accurate records of land subdivisions; to protect land title; to implement the comprehensive plan; to secure safety from fire and other dangers; to facilitate adequately coordinated provision of transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; to facilitate the further division of larger tracts into smaller parcels of land; to preserve natural features such as stands of trees, streams, significant rock formations, and historical landmarks; and, in general, to facilitate the orderly coordinated, efficient, and economic development of the City.
As an initial step in the process, applicants are encouraged to meet with the City Planner to review the informational requirements, overall process, and schedule. This meeting is designed to provide a clear understanding of the process and provide direction of the most efficient approach to getting the subdivision plan approved. To schedule a pre-application conference, contact the City Planner at (314) 738-2233 or cityplanner@marylandheights.com.
It is important to meet with the City Planner to determine the type of subdivision submittal. Major subdivisions require Preliminary Plats, Record Plats, and may require Improvement Plans. Minor Subdivisions, Boundary Adjustments, and Lot Consolidations typically only require a Record Plat. Planning Commission review and approval of Preliminary Plats is required. The City Council approves Preliminary Plats and Record Plats with the exception of Record Plats for Boundary Adjustments and Lot Consolidations, which are approved by the City Planner.
Preliminary Plat
Submittal Requirements.
To commence the review process, the applicant shall submit the following items to the City Planner:- Two (2) paper copies and one (1) electronic (.pdf) copy of the Preliminary Plat;
- The Preliminary Plat application form; and
- $150
- The name proposed for the lands to be subdivided. Said name shall be original and not a duplication of the name of any previously recorded subdivision or development in St. Louis County.
- The date of Plat submission to the City
- A north arrow and scale. The Plat shall be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals one hundred (100) feet, so long as the scale is an increment of ten (10) feet.
- The location of the tract in relation to the surrounding area.
- The record owner or owners of the tract, the Missouri licensed surveyor and/or engineer who prepared the Plat, and the party for whom the Plat was prepared.
- The existing and proposed zoning district.
- The location of existing and proposed property lines.
- 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.
- Existing and proposed streets, roads, sidewalks, trails, public rights-of-way, railroad rights-of-way, bridges, culverts, storm sewers, easements of record, and significant natural features such as wooded areas and rock formations within the tract and within one hundred fifty (150) feet thereof.
- Existing and proposed structures.
- Proposed building lines and setback requirements.
- Watercourses, sinkholes, wetlands, and areas within the tract and within one hundred fifty (150) feet thereof subject to inundation by stormwater including streams and stream buffers as defined in Chapter 6, Article XIII, Stream Buffer Protection, of the Municipal Code.
- Delineation of FEMA designated floodplain and floodway boundaries, if any, and any proposed alteration or adjustment in the elevation or topography of any floodplain or floodway as shown on the FEMA flood boundary and floodway maps.
- Sufficient existing and proposed contour data in five (5) foot increments to indicate the slope and drainage of the tract and the high and low points thereof. Contour data shall extend one hundred and fifty (150) feet beyond the limits of the subdivision boundaries. USGS data is required.
- The results of any tests made to ascertain subsurface rock and soil conditions and the water table.
- A preliminary plan for stormwater control measures.
- Proposed type of treatment or method of sewage disposal to include name of trunk line, lateral or qualified sewage treatment system.
- Proposed source of potable water.
- A landscaping plan in accordance with Section 25-16, Landscaping Design Standards, of the Zoning Code.
- Certification by the land surveyor or engineer who prepared the plan that the plan is a correct representation of all existing and proposed land divisions.
- Other detailed information or data as deemed necessary by the City Planner or City Engineer.
If the developer intends to subdivide any portion of the tract into a multi-family residential subdivision or a subdivision developed under Section 25-6, Planned Districts, of the Zoning Code, the Preliminary Plat shall, in addition, include the following information:
- Gross area of the tract.
- Gross area of proposed streets.
- Net area of each individual tract.
- Maximum number of units allowed.
- Maximum number of units proposed.
- Parking calculations in accordance with the Zoning Code.
- Distance between structures.
Record Plat
Sec. 24-5.1. Applicability.
A. Review and approval of a Record Plat by the City Planner, City Engineer, and City Council, in accordance with this article, shall be required for all proposed subdivisions in the City of Maryland Heights with the exception of boundary adjustments, lot consolidations, dwelling unit display plats, and condominium plats as governed by Section 24-7, Special Procedures.
B. Concurrent Review. At the discretion of the City Planner, the Preliminary Plat and Record Plat may be reviewed and approved concurrently.
Sec. 24-5.2. Submittal requirements.
A. To commence the review process, the applicant shall submit the following items to the City Planner:
- Two (2) paper copies and one (1) electronic (.pdf) copy of the Record Plat;
- The Record Plat application form; and
- Filing and review fees as established by the City Council. $400* for a major subdivision record plat or $250* for all other record plats (minor subdivisions, boundary adjustments, lot consolidation plats, etc.). *$100 refunded upon receipt of electronic copy of recorded plat.
- The name proposed for the lands to be subdivided. Said name shall be original and not a duplication of the name of any previously recorded subdivision or development in St. Louis County.
- The date of Plat submission to the City.
- A north arrow and scale. The Plat shall be any scale from one (1) inch equals twenty (20) feet through one (1) inch equals one hundred (100) feet, so long as the scale is an increment of ten (10) feet.
- The location of the tract in relation to the surrounding area.
- The record owner or owners of the tract, the Missouri licensed surveyor and/or engineer who prepared the Plat, and the party for whom the Plat was prepared.
- Outboundary lines, boundary lines, and lot lines of the subdivision. The City Planner may require a written legal description (or descriptions) to be included on the plat.
- Area in square feet for each lot or a supplemental sheet showing same.
- All U.S. Survey, section, township and range lines; and boundary lines of municipalities, school districts, fire districts, and other legally established districts with the name or description of any of the same adjacent to or abutting the subdivision.
- All survey monuments, together with their descriptions.
- An accurate delineation of any property offered for dedication to public use. The City Planner may require a written legal description of such dedication to be included on the plat.
- The boundary lines, widths, and names of all existing, proposed, and adjacent streets, alleys, adjoining lands, and right-of-way lines.
- Building lines, including minimum side and rear yard setbacks on each 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.
- All easements and common ground areas, including but not limited to easements and common ground areas for stormwater control measures.
- Streams and stream buffers as defined in Chapter 6, Article XIII, Stream Buffer Protection, of the Municipal Code.
- 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.
- Certification by the land surveyor who performs the property survey that it is tied to the Missouri Coordinate System in accordance with the current Missouri Minimum Standards for Property Boundary Surveys, and the coordinates of the exterior corners shall be shown on the Plat. The coordinate system setup shall be: State Plane Coordinate System; Missouri East Zone Number 2401; and North American 1927, North American 1983, or North American 1983 HARN Datum
- Zoning district and zoning district boundary line when property is located in more than one (1) district. In the case of a Planned District, the ordinance number governing the district shall be listed.
- If developer places restrictions on any land contained in the subdivision that is greater than those required by these regulations or the Zoning Code, such restrictions or references thereto should be indicated on the Plat.
- Private restrictions and trusteeships where required by ordinance and their periods of existence. Should such restrictions and trusteeships be of such length as to make lettering of same on the Plat impracticable, thus necessitating preparation of a separate instrument, reference to such instrument shall be made on the Plat.
- Guarantee of installation of water mains or supply of potable water.
- Street lighting contract from Ameren. Submittal of contract is optional and is to be accepted in lieu of an increase value for escrow of actual construction costs.
- Verification of street names and addresses from U.S. Postal Service.
- Verification of location of fire hydrants and adequacy of water supply from applicable fire district.
- Tax certificate or copy of paid tax bill from the office of the St. Louis County Department of Revenue.
- Verification of payment of all inspection fees, where applicable.
- Any special study or engineering calculations required.
- Trust indenture and warranty deed for common land conveyance, accompanied by a letter of compliance from an attorney.
- Letter from MSD certifying connection fees have been paid.
- Certification of proper placement of all outboundary survey monuments from a land surveyor.
- Certificate of clear title. The Record Plat shall be accompanied by a statement prepared by a duly authorized title company stating that the signatures of all persons whose consent is necessary to the preparation and recording of said Plat and to the dedication of the streets and other public places are shown on the Plat.
- A digitized version of the plat in AutoCAD (.dwg or.dxf), MicroStation Design File (.dgn), ArcInfo Coverage, ArcView Shape File (.shp), or MapInfo.
A. The City Planner and City Engineer shall review the Record Plat for conformance to the requirements described herein, including consistency with the approved Preliminary Plat. If the Plat is incomplete or revisions are required, the City Planner shall notify the applicant as soon as reasonably practicable. If the Record Plat deviates substantially from the approved Preliminary Plat, the City Planner may require review and approval of a revised Preliminary Plat.
B. The City Planner shall, within fourteen (14) days from receipt of a compliant Record Plat, submit a draft ordinance approving the subdivision to the City Council for consideration.
C. Upon a positive finding by the City Planner and City Engineer, the City Council shall approve the Record Plat by ordinance at their next scheduled meeting.
Sec. 24-5.4. Recording.
A. Subsequent to approval of the Record Plat by City Council, the applicant shall submit the Record Plat to the City Planner on reproducible mylar stock with all required seals and signatures.
B. The City Planner and City Clerk shall sign and seal the Record Plat and release it to the applicant for recording with the St. Louis County Recorder of Deeds.
C. Following the recording of the Record Plat, an electronic copy of the Plat bearing the St. Louis County Recorder's signature, seal, and notation as to plat book and page, shall be returned to the City Planner, along with similarly recorded copies of any deed restrictions accompanying it before any permits for any manner of construction will be issued.
D. The developer, in any case, shall have one (1) year from Preliminary Plat approval to file the Record Plat with the St. Louis County Recorder of Deeds. If said Record Plat is not filed within the prescribed time limit, the Preliminary Plat approval shall be deemed expired.
E. In case of phased developments, the Record Plat for the first phase shall meet the above requirements. Record Plats for subsequent phases must be recorded within one (1) year of the recording of the previous phase. If said Record Plats are not filed within the prescribed time limit, the Preliminary Plat approval shall be deemed expired. The City Council may, upon a developer's petition, grant an extension of time. Any request for such an extension must be filed with the City Clerk prior to the expiration date.
Sec. 24-5.5. Phased development.
A subdivision may be developed in two (2) or more phases; said phases 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 to be developed when such future phases are recorded. Improvement plans and installation or guarantee of improvements are not required for area designated as future phases, except that the City may require such improvements as are necessary to serve the phase proposed for present development, including but not limited to streets, driveways, and parking.
Sec. 24-5.6. Trust indentures.
A. In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), private streets, private street lighting, drainage facilities such as detention basins, drainage pipes, ditches or any other improvement that requires continuous maintenance, a trust indenture shall be recorded simultaneously with the Record Plat. The trust 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 these regulations. For single lot developments and developments with no common ground, the City Engineer 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. It shall be the responsibility of the trustees of the subdivision to maintain the common land. 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 these regulations or the zoning code, shall provide for not less than the following representation to purchasers of developed lots among the trustees: one-third (1/3) of the trustees shall be chosen by purchasers of developed lots after fifty (50%) percent of the lots have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed lots after ninety-five (95%) percent 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 a trust indenture recorded pursuant to these regulations 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 their services by the order of appointment, which fee shall be levied as a special assessment against the property in the subdivision, and which shall not be subject to any limitation on special assessments contained in the trust indenture or elsewhere.
D. Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney, 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 City Engineer and the City Attorney prior to being filed with the recorder of deeds simultaneously with the recording of the Record Plat.
E. The term of any indentures recorded pursuant to these regulations 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 whether or not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.