[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:
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:
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]
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.
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:
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.
