[R.O. 2008 § 405.010; Ord. No. 6496, 9-13-2018[1]]
A.
Short Title. This Chapter shall be known
and may be cited hereinafter as the "Subdivision and Land Development
Code" of the City of O'Fallon, Missouri.
B.
Purpose. The purpose of this Chapter is
to regulate and control subdivision and development of land and matters
relating thereto within the City of O'Fallon in order to promote public
safety, health and general welfare of the community. These regulations
are specifically designed to:
1.
Provide for orderly growth and harmonious
development of O'Fallon consistent with established policies of the
City.
2.
Secure proper arrangement of streets
for efficient traffic circulation through the coordination of existing
and planned streets, the Comprehensive Plan, public facilities and
adjoining developed land.
3.
Achieve lots of maximum utility and
viability laid out and of size so as to be in harmony with existing
and proposed development of the area.
4.
Secure adequate provisions for water,
drainage and sanitary sewer facilities based upon City, State and
Federal requirements.
5.
Provide open space, recreation areas,
school sites and other public facilities.
C.
Authority. This Chapter is enacted pursuant
to the statutory authority of Sections 89.010 through 89.490, RSMo.,
as amended.
D.
Interpretation And Conflict With Other
Laws. This Chapter is not intended to repeal, abrogate, annul or in
any way impair or interfere with existing provisions of other ordinances
or regulations, private agreements, or with recorded restrictive covenants
running with the land to which the City of O'Fallon is a party. Where
this Chapter imposes a greater restriction upon land than is imposed
or required by previous ordinances of the City of O'Fallon, the provisions
of this Chapter shall prevail.
E.
Administration. The provisions of this
Chapter shall be administered in accordance with Chapter 89, RSMo.,
as amended, and shall be administered by the Planning and Zoning Commission,
the City Administrator, the Director of Planning and Development or
Building Official or their delegate, the Mayor and the City Council.
F.
The Planning and Zoning Commission shall
review and approve the various application forms and checklists used
for the subdivision and land development process.
G.
Schedule Of Fees, Costs And Expenses. The
City Council shall establish a Schedule of Fees, Costs and Expenses
for all matters pertaining to the Subdivision and Land Development
Code. The Schedule of Fees, Costs and Expenses shall be established
as Appendix B of Title IV: Land Use. The Schedule of Fees, Costs and
Expenses shall be filed with the City Clerk. The Schedule of Fees,
Costs and Expenses shall only be amended by the City Council and shall
not require a recommendation from the Planning and Zoning Commission.
1.
No final action shall be taken on
any display house plat variance request or appeal of an administrative
decision that requires a straight application fee until said fee has
been paid in full.
2.
For a preliminary plat, the applicant
shall pay for the following costs:
a.
The initial application fee.
b.
The cost for the legal notice advertising
the public hearing.
c.
The cost for the notification of
adjacent property owners.
d.
If a traffic study is required to
be performed by the developer's traffic engineer, the developer will
be responsible for the cost for the review of the traffic study by
the City's traffic consultant.
e.
If the application is tabled by the
Planning and Zoning Commission at the request of the applicant or
for failure of the applicant and/or their authorized or designated
representative(s) to attend the meeting, the applicant will be responsible
for the costs, if any, of re-advertising the public hearing and the
re-notification of the adjacent property owners.
f.
Failure to pay for these costs within
thirty (30) days of being billed by the City will result in the issuance
of a summons by the Code Enforcement Division.
3.
Construction site plans and grading
plans which require that the applicant pay a fee of two percent (2%)
of the estimated cost for improvements shall be due at the time of
plan approval.
H.
Conformity With Zoning Code. All plats
reviewed under provisions of this Chapter shall conform to all Zoning
Code provisions for the district in which the proposed plat is to
be located. All required zoning changes shall be made prior to approval
of the record plat by the Council.
I.
Platting Exceptions. The requirements of
this Chapter do not apply to the following types of land subdivision:
1.
The division or subdivision of land
into parcels or tracts of fifteen (15) acres or more in size which
do not involve any new public streets or access easements, provided
no illegally zoned lot is created by the subdivider.
2.
Boundary Adjustment Plats. Recording of a subdivision plat shall not be required in case of the sale or exchange of parcels of land between owners of adjoining properties for the purpose of adjustments in boundaries, provided that additional lots are not thereby created; that the original lots are not reduced below the minimum sizes required by this Chapter or the Zoning Code; and that a survey of the adjustments of boundaries is recorded with the Recorder of Deeds of St. Charles County. Refer also to Section 405.060. If the boundary adjustment plat contains changes to any existing easements or addition of new easements or right-of-way dedicated to the City of O'Fallon for public use, the plat is required to be reviewed and approved by the Planning and Zoning Commission and the City Council to be recorded. Boundary adjustment plats which do not affect any easements or right-of-way dedicated to the City of O'Fallon may require only administrative review and approval by the Director of Planning and the City Engineer to be recorded.
3.
The conveyance of parcels of land
or interests therein for use as a right-of-way for railroads or other
public utility facilities or other pipelines which do not involve
any new streets or involving rights of access to adjacent parcels.
4.
The conveyance of land for highway
or other public purposes or grants or conveyance relating to the vacation
of land impressed with a public use.
5.
Conveyances made to correct description
of prior conveyances.
6.
Condominium/Villa Plats. The subdivision
or resubdivision of lots or parcels of land for the use of villa,
condominium or multifamily units as defined by the Zoning Code consisting
of no more than twelve (12) dwelling units per structure or the subdivision
or resubdivision of the lots or parcels of land for commercial or
industrial condominiums, where appropriately zoned. Said plat shall
be reviewed and approved administratively by the Director of Planning
and Development and the City Engineer and/or his/her designees for
compliance with approved final plans and/or preliminary plats. The
Director of Planning and Development, at his/her discretion, may submit
these plats to the Planning and Zoning Commission for review and action.
J.
Non-Platted Developments — Development
Performance Guarantee. All developments will be reviewed for performance
guarantee of construction plans and site plan improvements.
[1]
Editor's Note: Section 1 of this ordinance
repealed former Ch. 405, adopted and/or amended by R.O. 2007; Ord.
No. 1499, 8-17-1987, and as further amended.
[R.O. 2008 § 405.015; Ord. No. 6496, 9-13-2018]
A.
A subdivider shall determine whether a
hazardous pipeline crosses a proposed subdivision.
B.
A subdivider shall depict on the plat a
restricted pipeline area and a limited improvement area, if any.
C.
A person may not place a structure or excavate
within a restricted pipeline area.
1.
This prohibition does not apply to:
a.
The hazardous pipeline or an appurtenance
to the pipeline;
b.
A facility that produces, consumes,
processes or stores the product transported by the hazardous pipeline,
including a power generation facility;
c.
A utility line that crosses the restricted
pipeline area, including an appurtenance to the line;
d.
A utility service connection;
e.
A road;
f.
A surface parking lot;
g.
A structure or excavation that the
Building Official and City Engineer determine does not disturb the
pipeline or impede its operation;
h.
Grading that the Building Official
and City Engineer determine does not disturb the pipeline or impede
its operation.
2.
Before a person may place a road,
surface parking lot or utility line in a restricted pipeline area,
the person must deliver to the Manager of Building and Code Enforcement
and City Engineer a certification by an engineer registered in the
State of Missouri stating that the proposed construction activity
and structure are designed to prevent disturbing the hazardous pipeline
or impeding its operation.
D.
A person with actual knowledge of the existence
of a restricted pipeline area or a limited improvement area on his/her
lot who seeks to convey a lot containing such area shall, before execution
of a contract to convey the lot or if no contract is executed before
title is transferred, deliver to the other party a document describing
such area, the limitations on its development and the name and address
of the pipeline owner or operator. All marketing materials related
to any new construction occurring or contemplated to occur upon any
portion of a lot which contains a restricted pipeline area or a limited
improvement area shall include a description of such area, the limitations
on its development and the name and address of the pipeline owner
or operator.
E.
All residential property within the restricted
pipeline area shall be platted as common ground.
