[R.O. 2008 § 405.040; Ord. No. 6496, 9-13-2018]
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 all submittals, the developer shall submit electronic PDF sets of the preliminary plat and colored building elevations (if applicable).
B. 
Information Required. The preliminary plat shall be designed by a 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.
[Ord. No. 6500, 9-27-2018]
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 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 submittal. If the applicant fails to address the needed corrections, modifications and amendments on the second submittal to the satisfaction of the Director of 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 submittal to the satisfaction of the Director of 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.
4. 
Review By The Planning And Zoning Commission And Subsequent Review And Right Of Appeal.
a. 
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:
(1) 
Table the request due to lack of sufficient information;
(2) 
Approve the preliminary plat;
(3) 
Approve the preliminary plat with conditions; or
(4) 
Deny the preliminary plat.
b. 
The Planning and Zoning Commission shall then notify the City Council and the Director of Planning and Development of its approval, conditional approval or disapproval of the preliminary plat along with written reasons for its action. The City Council may review and modify such decision in the Council's discretion.
c. 
In addition to the City Council's review of the Commission's decision, any aggrieved party may, within fifteen (15) days of the Commission's decision regarding a preliminary plat, file with the City Council a written request for reconsideration and appeal of the decision of the Planning and Zoning Commission under this Section. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and all supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by personal service or by certified United States mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The City Council may consider the appeal on the record of the prior decision and the City's records or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances. The City Council shall then take action to approve, conditionally approve or deny the preliminary plat.
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 or Council. This one-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-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.
[Ord. No. 6500, 9-27-2018]
[1]
Editor's 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.
[R.O. 2008 § 405.050; Ord. No. 6496, 9-13-2018; Ord. No. 6500, 9-27-2018; Ord. No. 7056, 10-26-2023]
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.
1. 
After the initial review of construction plans for a proposed subdivision, 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.
2. 
The Planning and Zoning Commission shall then notify the City Council and City Engineer of its approval, conditional approval or disapproval of the preliminary plat along with written reasons for its action. The City Council may review and modify such decision in the Council's discretion.
3. 
In addition to the City Council's review of the Commission's decision, any aggrieved party may, within fifteen (15) days of the Commission's decision regarding a display home plat, file with the City Council a written request for reconsideration and appeal of the decision of the Planning and Zoning Commission under this Section. The written request must set forth in a concise manner the decision being appealed and all grounds known to the appellant as to wherein and why the decision is allegedly in error. The request for reconsideration and appeal must be filed with the City Clerk within the time specified above. A copy of the request and all supporting documents or materials filed by the aggrieved party must be served by the aggrieved party on the applicant (if different than the aggrieved party) by personal service or by certified United States mail, return receipt requested, within three (3) days of filing with the City Clerk. Proof of service on the applicant must be filed with the City Clerk within six (6) days of filing of the request. The City Council may consider the appeal on the record of the prior decision and the City's records or may, at its sole discretion, receive additional evidence in such manner as it deems appropriate in light of the circumstances. The City Council shall then take action to approve, conditionally approve or deny the display home plat.
C. 
Information Required.
1. 
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.
2. 
The display house plat shall show the location, size, proposed builder, and the number and location of parking areas (including accessible parking spots) of each display home in relation to the proposed lots. A display house plat must have the display house(s) and parking lot adjacent to one another or in-series. Separate display house plats shall be submitted if multiple houses/parking lots are proposed.
3. 
The Planning and Zoning Commission and City Council shall approve the applications and checklists for display house plats.
[1]
Editor's 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.
[R.O. 2008 § 405.060; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
Filing Procedures. One (1) copy of the proposed record plat shall be submitted in the form required in this Chapter to the City Engineer and/or his/her designee 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, in a format acceptable by the St. Charles County Recorder of Deeds, 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 draft record plat shall be signed by the registered engineer or land surveyor, prior to submitting to the City Engineer and/or his/her designee. The final record plat shall be prepared and signed by all parties. The City Engineer and/or his/her designee shall determine if the submittal is complete and, if so, transmit the 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 and/or his/her designee 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.
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 fifteen (15) lots, then the following conditions are required:
1. 
No record plat is to be submitted with less than or equal to fifteen (15) lots.
2. 
The lots must be directly adjacent to each other.
3. 
If the entire subdivision has a total of sixteen (16) to twenty-nine (29) lots, multiple plats will be allowed, however, no plat shall contain less than forty percent (40%) of the total number of lots.
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.[2] 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 Clerk shall record the reasons for rejection in the minutes of the Council meeting. The City Clerk or the Director of Planning and Development shall then notify the developer in writing of the action and reasons therefor and return the plat to the developer.
1. 
Any subdivision with a pending Letter of Map Revision being required may still seek City approval through the normal process. The City highly recommends that the FEMA map changes be approved prior to record plat approval; however, if that is not the case, then the City will still process the record plat through City Council with these requirements:
a. 
All lots within existing floodplain shall be listed on the record plat.
b. 
The existing floodplain limits shall be shown on the record plat.
c. 
No occupancy permit may be issued on that affected lot until the approved map changes from FEMA have been sent to the City.
[2]
Editor's Note: See Ch. 400, Zoning Code.
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.
1. 
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 and/or his/her designee approves the construction plan and the approval of the City Council of the record plat is endorsed thereon.
2. 
No lot in the subdivision plat may transfer in ownership until the construction plan has been approved by the City Engineer and/or his/her designee and the plat officially recorded by the County Recorder of Deeds.
3. 
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 and/or his/her designee; however, suitable escrow or other surety must be provided to ensure public access to the subdivided lots.
4. 
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-year period, the Council shall formally request the developer to explain the 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.
a. 
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.
b. 
If construction under the approved construction plan is to continue beyond the two-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 percent (95%) 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]
Editor's 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.
[R.O. 2008 § 405.065; Ord. No. 6496, 9-13-2018; Ord. No. 7155, 10-24-2024]
A. 
When Required. When easements are needed or required to be granted to the City after a record plat has been approved, or outside of any required plat, the owner or developer of the property shall file with the City Engineer and/or his/her designee an easement.
B. 
Filing Procedures. The owner shall submit an unsigned easement document to the City for review.
1. 
The easement shall contain the granting language, legal description, and visual exhibit of the ground being granted.
2. 
Any easement submitted to the City of O'Fallon shall be formatted per the requirements of the St. Charles County Recorder of Deeds standards, fit for recording.
C. 
Review Of Draft Easement Language And Format. The City Engineer and/or his/her designee shall review the easement for conformance to standards and specifications set forth in this Chapter and other applicable ordinances. The City Engineer and/or his/her designee may request modifications in the easement. The City Engineer and/or his/her designee shall then confer approval, conditional approval or disapproval of the easement.
D. 
Approval Process. Once the City has reviewed the easement and recommends approval, the owner shall submit a signed easement document to the City for approval.
1. 
All easements either being granted to the City, being vacated by the City, or City-owned property being sold shall follow these steps:
a. 
Planning and Zoning Commission consent calendar. The easement will be placed on the soonest available Planning and Zoning meeting.
b. 
City Council consent calendar if the easement is being granted to the City at no cost to the City.
c. 
City Council ordinance if the City spends funds to acquire.
d. 
Temporary construction easements acquired by the City for public works projects do not need to follow the process described in this Subsection (D)(1), provided that, the City Council has enacted an ordinance authorizing the acquisition of lands for the particular project and there are budgeted funds to cover the cost of acquiring the temporary construction easement. In such cases, the temporary construction easement shall be deemed accepted by the City.
2. 
The easement shall be recorded as soon as possible following approval. The City will be provided with a book and page and/or a recorded copy, from the Recorder's office, confirming approval.