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.
K.
Naming Conventions. The Director of Engineering is authorized to
establish conventions for naming and designating phases of development
and construction that provide a uniform and orderly process to identify
discrete segments of the development or construction process. Once
adopted, all materials submitted by applicants shall conform to these
requirements and all subdivision and land development projects within
the City of O'Fallon shall follow the naming conventions authorized
hereby.
[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.
