City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents

Section 405.040 Preliminary Plat Procedures. [1]

[R.O. 2007 §405.040; Ord. No. 1499 §§300.0—300.4, 8-17-1987; Ord. No. 1652 §1, 12-1-1988; Ord. No. 1797 §1, 3-20-1990; Ord. No. 1837 §2, 9-6-1990; Ord. No. 4932 §7, 12-14-2005; Ord. No. 5384 §1, 10-23-2008]
A. 
Filing Procedures. Meeting dates, application fees and application submittal deadlines for the Planning and Zoning Commission are posted on the City's website (www.ofallon.mo.us) or can be obtained by calling the Planning and Development Department. For first (1st) submittal, the developer shall submit fifteen (15) folded and collated sets of the preliminary plat and colored building elevations (if applicable). For second (2nd) submittal, twenty-five (25) folded and collated sets of the preliminary plat and colored building elevations (if applicable) are required.
B. 
Information Required. The preliminary plat shall be designed by registered professional engineer or land surveyor, with their stamp, signature and address, that shall contain a complete set of notations and descriptions that supply the City staff with all relevant site information. The Planning and Zoning Commission and City Council shall approve the applications and checklists for preliminary plats. (See Engineering Department for application and checklist for compliance with this Section).
C. 
Procedure For The Review Of A Preliminary Plat.
1. 
Public hearing notification and sign posting requirements. The preliminary plat application shall be subject to the public hearing notification and sign posting requirements established in Section 400.685 of the Zoning Code.
2. 
Review of the preliminary plat application. Upon receipt of the preliminary plat application, staff of the City's Planning and Development Department will determine if it contains all the necessary information to proceed with the review. If it is determined that it is complete, staff from the City's Planning and Development Department will conduct a comprehensive review of the applicant's first (1st) submittal and provide a written list of any items that will need to be corrected, modified or amended in order to meet the requirements of this Article. The applicant will then be given the opportunity to make the needed corrections, modifications and amendments on their second (2nd) submittal. If the applicant fails to address the needed corrections, modifications and amendments on the second (2nd) submittal to the satisfaction of the Director of the Planning and Development, staff will recommend to the Planning and Zoning Commission that this item be tabled. If tabled by the Planning and Zoning Commission for failure of the applicant to address the needed corrections, modifications and amendments on the second (2nd) submittal to the satisfaction of the Director of the Planning and Development, the applicant will be responsible for the cost, if any, of re-advertising the public hearing and the re-notification of the adjacent property owners.
3. 
Preparation of a staff report. The Planning and Development Department will prepare a staff report containing an analysis of the proposed preliminary plat application. A copy of the preliminary plat and the staff report will be distributed to each of the members of the Planning and Zoning Commission. A copy of the staff report will be provided to the applicant.
[Ord. No. 6207 § 4, 4-28-2016]
4. 
Review by the Planning and Zoning Commission. The Planning and Zoning Commission will review the preliminary plat and conduct a public hearing. The public hearing is open to all citizens. The applicant and/or their authorized or designated representative(s) must attend the meeting and make a formal presentation to the Planning and Zoning Commission. Failure of the applicant and/or their authorized or designated representative(s) to attend the meeting shall cause the Planning and Zoning Commission to table and continue or postpone the public hearing at the Commission's discretion the request for preliminary plat approval. If tabled by the Planning and Zoning Commission for failure of the applicant and/or their authorized or designated representative(s) to attend the meeting, the applicant will be responsible for the cost, if any, of re-advertising or continuing the public hearing and the re-notification of the adjacent property owners. During the Public Hearing, the Planning and Zoning Commission will entertain comments from both proponents and opponents of the proposed preliminary plat. After the public hearing, the Planning and Zoning Commission shall conduct a formal vote on the preliminary plat and either:
a. 
Table the request due to lack of sufficient information,
b. 
Approve the preliminary plat,
c. 
Approve the preliminary plat with conditions, or
d. 
Deny the preliminary plat.
The Planning and Zoning Commission shall then confer approval, conditional approval or disapproval of the preliminary plat with written reasons for its action to the City Council and City Engineer.
D. 
Effect Of Preliminary Plat Approval. Preliminary plat approval shall confer upon the developer, for a period of one (1) year from date of approval, the conditional right that the general terms and conditions under which the approval was granted will not be changed by the Commission. This one (1) year period may be extended by the Commission if the developer has applied in writing for such an extension and the Commission determines a longer period should be granted due to unusual circumstances. If an extension is not granted, the preliminary plat approval is null and void. If no record plat of a subdivision for which preliminary approval has been given is approved within said one (1) year period, or such longer period as the Commission may allow, a resubmission and review by the Planning and Zoning Commission may be required upon determination by the Commission. After approval of the preliminary plat, the developer may proceed with the detailed construction plan required for all facilities and utilities to be provided and may submit the proposed record plat to the City Council for approval. Once a construction plan is approved (based on the approved preliminary plat), the approval of the preliminary plat shall be automatically extended as long as the construction plan approval is valid. Extension of a preliminary plat prior to construction plan approval must be requested prior to the expiration of the approved plat.
[1]
Note—Ord. no. 5585 §1, adopted April 22, 2010, sets out the applications and checklists for record plats, condominium, resubdivision and boundary adjustment plats and commercial site plans for all reviews pertaining to said applications, etc. All material noted herein is on file in the city offices.

Section 405.050 Display Home Plat Procedure. [1]

[R.O. 2007 §405.050; Ord. No. 1499 §§301.0—301.3, 8-17-1987; Ord. No. 3707 §1, 6-16-1998; Ord. No. 5384 §1, 10-23-2008]
A. 
Purpose. To provide a procedure whereby the construction of a display home or homes may begin prior to the recording of the record plat.
B. 
Procedure. After receiving approval of a preliminary plat of a proposed subdivision from the Planning and Zoning Commission, the developer may submit an application for a display home plat for review and action by the Planning and Zoning Commission. A reasonable number of displays may be approved where, in the opinion of the Planning and Zoning Commission, they are appropriate for the type of development contemplated.
C. 
Information Required. The display house plat shall be designed by a registered professional engineer with their stamp, signature and address that shall contain a complete set of notations and descriptions that supply the City staff with all relevant site information. The display house plat shall show the location, size, proposed builder, and the number and location of parking areas of each display home in relation to the proposed lots. The Planning and Zoning Commission and City Council shall approve the applications and checklists for display house plats.
[1]
Note—Ord. no. 5585 §1, adopted April 22, 2010, sets out the applications and checklists for record plats, condominium, resubdivision and boundary adjustment plats and commercial site plans for all reviews pertaining to said applications, etc. All material noted herein is on file in the city offices.

Section 405.060 Record Plat Procedures. [1]

[R.O. 2007 §405.060; Ord. No. 1499 §§302.0—302.5, 8-17-1987; Ord. No. 1797 §2, 3-20-1990; Ord. No. 3145 §1, 9-2-1994; Ord. No. 3406 §2, 7-18-1996; Ord. No. 5384 §1, 10-23-2008; Ord. No. 5727 §12, 8-25-2011]
A. 
Filing Procedures. Three (3) copies of the proposed record plat shall be submitted in the form required in this Chapter to the City Engineer together with completed application form, approved by the Planning and Zoning Commission and City Council, and fees and security agreement required for performance guarantee. Upon correction, notification and corrections made accordingly, a reproducible original (mylar) and a reproducible mylar (sepia) must be submitted at least ten (10) working days prior to the meeting of the City Council at which the plat is to be considered. The City Engineer shall determine if the submittal is complete and, if so, transmit same to the Council in adequate time for inclusion on the agenda for the Council's next meeting. If the application is not complete, the City Engineer shall so notify the applicant in writing and shall indicate deficiencies. A record plat shall not be accepted for review after the date of expiration of the approval of the preliminary plat. The draft record plat shall be signed by the registered engineer or land surveyor prior to submitting to the City Engineer. The final record plat shall be prepared and signed by all parties on mylar, or similar quality material, with maximum size of twenty-three and one-half (23½) inches by thirty-four and one-half (34½) inches or those dimensions required by the St. Charles County Recorder of Deeds.
B. 
Information Required. Prior to approval of the record plat, the City Council shall require the information as required per the application and checklist approved by the Planning and Zoning Commission and the City Council. Unless the entire (master) subdivision is less than or equal to twenty-five (25) lots, then the following conditions are preferred but not required:
[Ord. No. 6207 § 5, 4-28-2016]
1. 
No record plat is to be submitted with less than or equal to twenty-five (25) lots.
2. 
The lots must be directly adjacent to each other.
3. 
If the entire subdivision has a total of 26-49 lots, then special consideration may be given on the number of lots to be platted.
C. 
Review Procedures. The record plat shall conform closely to the preliminary plat as approved. Adequate security for all improvements and facilities to be provided by the developer shall be submitted in accordance with Section 405.110 and all dedications and easements shall be evidenced as having been made before the Council may approve the record plat. However, approval of the record plat shall not constitute acceptance of items for dedication. Such acceptance requires separate, formal action of the Council.
D. 
Record Plat Approval. The City Council shall review all recommendations and either approve or disapprove the proposed record plat within thirty (30) days of the date of submission. The Council shall approve the plat if it conforms to the preliminary plat as finally approved and to the provisions of the Subdivision Code and Zoning Code. If the proposed record plat is approved and accepted by the Council by ordinance, the City Clerk shall sign the record plat signifying approval by the City Council which shall include the date of approval and the date on which the City Clerk signs the certificate. If the proposed record plat is disapproved, the City Engineer shall record the reasons for rejection in the minutes of the Council meeting, notify the developer in writing of the action and reasons therefore and return the plat to the developer.
E. 
Effect Of Record Plat Approval. Approval of the record plat shall confer upon the developer, for a period of one (1) year from the date of approval, a right that all existing zoning regulations and subdivision regulations shall remain unchanged as they apply to the property included in the record plat. No subdivision or plat shall be recorded in the office of the Recorder of Deeds for St. Charles County, Missouri, unless and until the City Engineer approves the construction plan and the approval of the City Council of the record plat is endorsed thereon. No lot in the subdivision plat may transfer in ownership until the construction plan has been approved by the City Engineer and the plat officially recorded by the County Recorder of Deeds. In cases where development is not proposed and a record plat is desired by the property owner, an exemption on the need for an approved construction plan may be given by the City Engineer; however, suitable escrow or other surety must be provided to ensure public access to the subdivided lots. If no record plat of a subdivision for which final approval has been given is recorded by the St. Charles Recorder of Deeds within said one (1) year period, the Council shall formally request the developer to explain extenuating circumstances preventing recording of the plat. The Council shall then determine whether provision of an extension would serve the best interests of the City of O'Fallon. If these findings are negative, then the Council shall formally revoke final approval of the plat and shall so notify the developer and the St. Charles Recorder of Deeds. If the construction plan is approved and the plat officially recorded within said time periods, the developer must diligently proceed with the proposed construction (applying for construction and building permits, installing streets, utilities, etc.) within two (2) years of recording the plat, the City shall have authority to complete all escrow items. If construction under the approved construction plan is to continue beyond the two (2) year period, the developer must request an extension of the approved plan and provide for extending the escrow or other surety on the project prior to the expiration of the plan, otherwise work on the project must cease.
F. 
Once the developer has received record plat approval, the developer shall, when applicable, prominently display the following items of information in their sales office:
1. 
Description of the developer's/subdivision trustees' responsibilities for common ground within the subdivision.
2. 
A copy of the approved record plat/area map indicating the nature of all current zoning adjacent to the development is required to be prominently posted in the sales office.
3. 
A copy of all indentures, restrictions and covenants.
4. 
Developers are required to post these items at the sales office for review by potential buyers and for inspection by City of O'Fallon employees.
G. 
As a part of record plat submittal, all trust indentures/covenants/deed restrictions will be required. These should address the maintenance of common areas, private roads, and other applicable amenities and minimum square footage for structures located within the subdivision.
H. 
Any recorded trust indentures/covenant/deed restriction establishing a Board of Trustees or Board of Directors shall provide for not less than the following elected representation by purchasers of developed lots among the trustees/directors: one-third (1/3) of the trustees/directors shall be purchasers of developed lots after occupancy permits for fifty percent (50%) of the lots have been issued; two-thirds (2/3) of the trustees shall be purchasers of developed lots after occupancy permits for ninety-five (95%) percent of the lots have been issued; all of the trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.
[1]
Note—Ord. no. 5585 §1, adopted April 22, 2010, sets out the applications and checklists for record plats, condominium, resubdivision and boundary adjustment plats and commercial site plans for all reviews pertaining to said applications, etc. All material noted herein is on file in the city offices.

Section 405.070 Grading Plan Process. [1]

[R.O. 2007 §405.070; Ord. No. 1573 §§303.0—303.5, 4-7-1988; Ord. No. 1803 §1, 4-5-1990; Ord. No. 4854 §§1—2, 6-14-2005; Ord. No. 5242 §1, 10-30-2007; Ord. No. 5270 §1, 1-14-2008]
A. 
Scope And Application. The requirements of this Section shall apply to all site plan and construction plan approvals.
B. 
Filing Procedures. With regard to any real property within the City, the owner(s) of real property must have first obtained approval of the applicable site plan, preliminary plat or area plan for a proposed land development project prior to submitting a grading plan for said proposed land development project. The owner/developer shall submit five (5) copies of the proposed grading plan and a completed application form to the City Engineer.
C. 
Information Required. The following information is required for all grading plan submittals for approval. The required information may be combined for presentation on one (1) or more drawings or maps. The City Engineer may request that the information be presented on drawings or maps in addition to those submitted in the interests of clarity, speed and efficiency in the review process. In all cases the grading plan submission should include a grading plan application and all information as required per that application.
1. 
The grading plan shall be of a scale not to be greater than one (1) inch equals twenty (20) feet nor less than one (1) inch equals two hundred (200) feet and of such accuracy that the City Engineer can readily interpret the plan and shall include more than one (1) drawing where required for clarity.
2. 
The property is identified by lot lines and location, including dimensions, angles and size, correlated with the legal description of said property. The grading plan shall be designed and prepared by a qualified land planner, registered professional architect, engineer or land surveyor. It shall also include the name and address of the property owner(s), developer(s) and designer(s).
3. 
It shall show the scale, north point, boundary dimensions, natural features such as wood lots, streams, rivers, lakes, drains, topography (at least five (5) foot contours intervals; when terrain is irregular or drainage critical, contour interval shall be two (2) foot) and similar features. All topographic data shall directly relate to U.S.G.S. data.
4. 
It shall show existing manmade features such as buildings, structures, easements, high tension towers, pipelines, existing utilities such as water and sewer lines, etc., excavations, bridges, culverts and drains and shall identify adjacent properties within one hundred (100) yards and their existing uses.
5. 
Any proposed alterations to the topography or other natural features shall be indicated.
6. 
All filled places under proposed storm and sanitary sewer lines and/or paved areas shall be compacted to ninety percent (90%) of maximum density as determined by the Modified AASHTO T-180 Compaction Test or ninety-five percent (95%) of maximum density as determined by the Standard Proctor Test AASHTO T-99.
7. 
All filled places in proposed roads shall be compacted from the bottom of the fill up to ninety percent (90%) maximum density as determined by the Modified AASHTO T-180 Compaction Test or ninety-five percent (95%) of maximum density as determined by the Standard Proctor Test AASHTO T-99. All tests shall be verified by a soils engineer concurrent with grading and backfilling operations and supplied to the City in a timely manner.
8. 
All low places whether on or off site should be graded to allow drainage. This can be accomplished with temporary ditches.
9. 
The plan shall include the requirements of the City's Trees and Landscaping Ordinance (Chapter 402[2], the requirements of the City's Floodplain Ordinance (Chapter 415), and a sediment and erosion control plan per St. Charles County Soil and Water Conservation District's "Protecting Water Quality" manual or other manual or method approved by the City Engineer.
[2]
The reference herein to "Chapter 230" was changed to "Chapter 402", since ord. no. 5752 §1, adopted 12-8-11 repealed Chapter 230 and enacted Chapter 402 as it's replacement.
10. 
The plan shall include recommendations from a registered professional engineer specializing in slope stabilizations for any slopes within the project area that exceed 3:1 and any vegetated drainage system that may be prone to erosion.
11. 
Grading plans that are being prepared in conjunction with an approved preliminary plat shall include an estimate of the quantity of soil to be removed (spoils) associated with the contemplated improvements. It is noted that these estimated quantities will change based on the actual size of foundations constructed and the type of material excavated.
D. 
Erosion And Sediment Control Plan. The grading plan shall be accompanied by an erosion and sediment control plan developed in accordance with Chapter 515 of the Municipal Code.
E. 
Review Procedures. The City Engineer shall review the grading plan for conformance to standards and specifications set forth in this Chapter and other applicable ordinances. The City Engineer may request modifications in the grading plan. The City Engineer shall then confer approval, conditional approval or disapproval of the grading plan within forty-five (45) days of filing and shall notify the Director of Planning and Development and Building Official with written reasons for its action.
[Ord. No. 6207 § 6, 4-28-2016]
F. 
Effect Of Grading Plan Approval. Grading plan approval shall confer upon the developer, for a period of one (1) year from date of approval, the conditional right that the general terms and conditions under which the approval was granted will not be changed by the City Engineer. This one (1) year period may be extended by the City Engineer if the developer has applied in writing for such an extension and the City Engineer determines a longer period should be granted due to unusual circumstances. If an extension is not granted, the grading plan approval is null and void. After approval of the grading plan, the developer may proceed with the grading operations upon the final direction of the City Engineer and under the inspection of the Department of Public Works. Construction site plan approvals granted under Section 405.100 of this Chapter (which include grading operations and do not already have a separate grading approval) shall be considered as including a grading plan component and be subject to the terms of this Section.
[Ord. No. 6207 § 6, 4-28-2016]
G. 
Improvement Installation Or Performance Guarantee. After approval of the grading plans by the City, the owner/developer must post a financial guarantee of performance as required by this Chapter. The following items, if they apply, shall be included in the financial guarantee:
1. 
Grading including permanent drainage swales.
2. 
Siltation/erosion control.
3. 
Temporary storm drainage.
4. 
Revegetation.
5. 
Sediment basin/trap construction.
6. 
Sediment basin/trap maintenance (dewatering and restoration) including sediment removal from retention basins.
The items above can be lumped into one (1) estimate as long as it is noted that they are included in the total estimate.
H. 
Grading Operations. The following procedures are to be followed on all sites.
1. 
The erosion and sediment control plans shall be implemented before grading operations begin. It is noted that certain clearing, removals and grading operations may be required in order to establish the erosion and sediment control plan.
2. 
All erosion and sediment control measures shall be implemented so as to prevent the flow or runoff of mud, silt, dirt, debris and other materials onto streets, sidewalks and other public rights-of-way. Additionally, positive steps shall be exercised to prevent mud, silt, dirt, debris and other materials from damaging adjacent property and silting up all storm drainage systems whether on or off site. Erosion and sediment control measures shall be designed at a minimum to accommodate flows from a 15-year, twenty (20) minute storm. It is understood that the Missouri Department of Natural Resources (DNR) approves a Storm Water Pollution Prevention Plan (SWPPP). In this plan, certain areas are designed to collect silt and other debris on site. It shall not be construed that the collection of silt and other debris in compliance with the DNR approved SWPPP be a violation of City ordinances. Upon request, copies of the SWPPP shall be provided to the City.
3. 
Graded areas shall be seeded and mulched (strawed) within fourteen (14) days of stopping land disturbance activities. Unless it can be shown to the City Engineer that weather conditions are not favorable, vegetative growth is to be established within six (6) weeks of stopping grading work on the project. The vegetative growth established shall be sufficient to prevent erosion and the standard shall be as required by EPA and DNR (seventy percent (70%) coverage per square foot).
4. 
The property owner, his/her agent or applicant shall inspect all erosion control and correct any deficiencies within forty-eight (48) hours of the end of any storm producing more than one-half (½) inch of rain at the project site.
I. 
Enforcement.
1. 
Violations—nuisance. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. Any failure to adequately correct a deficiency in erosion and sediment control measures within forty-eight (48) hours after notification by the City shall be a violation of City ordinances. Any failure to comply with a SWPPP (Missouri Department of Natural Resources approved Storm Water Pollution Prevention Plan) for a site that results in sediment entering streets or the storm water system shall be considered a violation of City ordinances. For storms exceeding the design storm (15-year, twenty (20) minutes), any silt or debris leaving the site and affecting public rights-of-ways or stormwater drainage facilities shall be cleaned up within twenty-four (24) hours after the end of the storm. Any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety and welfare and is declared and deemed a nuisance. The administration of violations and nuisances shall follow the City's ordinances related thereto and specifically Chapters 100 (General Provisions) and 220 (Nuisances).
2. 
Each incident of failure shall be deemed separate violations of City ordinances and each day where violations are not corrected shall be considered separate additional violations.
3. 
The City shall have the right to issue stop work orders to projects/sites not complying with the requirements of this Section.
4. 
Prosecution for violations. Any person that has violated or continues to violate this Section shall be liable to prosecution to the fullest extent of the law and, upon conviction, shall be subject to a fine in an amount of a minimum of two hundred dollars ($200.00) and not to exceed five hundred dollars ($500.00) per charge and/or imprisonment for a period of time not to exceed ninety (90) days per charge.
[1]
Note—Ord. no. 5454 §1, adopted May 14, 2009, sets out the grading permit applications and checklists and matters related thereto. Said checklist and related information is on file in the city offices.