[Ord. No. 18-12, 12-11-2018]
These regulations shall be known, cited and referred to as the
Subdivision Regulations of the City of Weldon Spring.
[Ord. No. 18-12, 12-11-2018]
A.
It is declared to be the policy of the City to consider the subdivision
of land and the subsequent development of the subdivided plat as subject
to the City's control pursuant to the City's official Comprehensive
Plan and is planned, orderly, efficient, economically advantageous
to the community, and conservation-minded.
B.
Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and land shall not design work to be done at the beginning of the process, including the identification of natural areas suitable for conservation, but results in a more streamlined preliminary plat and final plat process because acceptance from the City and other participating organizations has already been accomplished. Therefore, this Chapter establishes reasonable standards and criteria to permit sufficient flexibility in the development of subdivisions to be consistent with City conservation design and development regulations, to maximize the achievement of conservation design objectives and to promote the purposes specific to conservation development and design listed in Section 410.030(A)(4) of this Chapter.
C.
Also in response to the adoption of the May 2015 Comprehensive Plan,
the City of Weldon Spring has established conservation development
standards within the City's Zoning Ordinance that allows conservation
development as a permitted use within all zoning districts within
the City. Therefore, it is the City's reasonable belief that the Subdivision
Regulations as revised are sufficiently flexible to carry out the
conservation development objectives while ensuring that development
is consistent with the underlying purposes of these Subdivision Regulations.
[Ord. No. 18-12, 12-11-2018]
A.
These regulations are adopted for the following purposes:
1.
To preserve, protect and provide for the public health, safety
and general welfare of the City.
2.
To guide the future growth and development of the community,
consistent with the City's adopted Comprehensive Plan.
3.
To provide for adequate light, air and privacy; to secure safety
from fire, flood and other danger; and to prevent overcrowding of
the land and undue concentration of population.
4.
To provide for open spaces, environmental protection and the
conservation of forest and agricultural resources through the most
efficient design and layout of the land.
5.
To preserve the natural beauty and rural landscape of the City,
to conserve its historic and/or cultural features and to ensure appropriate
development with regard to these special features.
6.
To create developments that produce positive environmental outcomes
by mitigating any potential significant negative impacts while creating
environmental benefits (e.g., restoration) for the development site.
7.
To support the goals and policies of the City's Comprehensive
Plan.
8.
To promote conservation design and development (see Chapter 402 for definition) for all new development throughout and to promote the following corollary purposes:
a.
To guide the detailed analysis of the development parcel so
as to locate and coordinate appropriate areas for development and
conservation.
b.
To conserve and preserve the City's natural resources and environmentally sensitive areas (including, but not limited to, wooded areas, significant wildlife and plant habitat*, hydrologic reserves*, ravines, steep slopes, natural waterways, water resources, aquatic corridors*, streams, creeks, ponds, lakes, floodplains, floodways and local watersheds) in their natural state (*see Chapter 402 for definitions).
c.
To create and protect interconnected networks of open space
and to help establish substantial buffers along the boundaries of
open space, protected land and scenic roadways.
d.
To reduce the quantity and improve the quality of stormwater runoff from development by requiring low impact development (LID) techniques (see Section 402.020 for definition) for all new development throughout the City.
e.
To provide a wider range of feasible sites to locate stormwater in accordance with Best Management Practices (BMPs) (see "Low Impact Development" definition in Chapter 402).
f.
To minimize impervious surface area.
g.
To reduce soil erosion potential.
h.
To reduce the capital cost of development when feasible in light
of these conservation regulations.
i.
To reduce the cost of public services required by development.
j.
To preserve scenic views by minimizing structural appearance
of new development from existing roads.
k.
To provide common ground open space areas for passive and/or
active recreational use by residents of the development and, where
specified, the larger community.
l.
To provide for a diversity of lot sizes, housing choices and
building densities to accommodate a variety of age and income groups.
m.
To provide sufficient buffering between residential development
and non-residential uses.
n.
To preserve significant archaeological sites, historic buildings
and their settings.
o.
To increase future property values.
9.
To promote infill development in existing neighborhoods and
non-residential areas with adequate public facilities.
10.
To protect and conserve the value of land throughout the City
and the value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
11.
To provide the most beneficial relationship between the uses
of land and buildings and the circulation of traffic throughout the
City, having particular regard to the avoidance of congestion in the
streets and highways and to pedestrian traffic movements that are
appropriate to the various uses of land and buildings and to provide
for the proper location and width of streets and building lines.
12.
To establish reasonable standards of design and procedures for
subdivisions and resubdivisions in order to further the orderly layout
and use of land and to ensure proper legal descriptions and monumenting
of subdivided land.
13.
To ensure that public facilities and services are available
concurrent with development and that the facilities and services will
have sufficient capacity to serve the proposed subdivision.
14.
To ensure that the City will not bear more than its fair share
of the cost of providing public facilities and services to serve the
proposed subdivision by requiring the developer to pay fees, reimburse
the City for development review costs, furnish land and/or establish
mitigation measures to ensure that the development provides its fair
share of capital facilities needs generated by the development.
15.
To prevent the pollution of land, air, streams, rivers, and
ponds; to assure the adequacy of drainage facilities; to safeguard
the water table; and to encourage the wise use and management of natural
resources throughout the City in order to preserve the integrity,
stability and beauty of the community and the value of the land.
16.
To provide an integrated and connected system of parks, trails
and open spaces that enhance the residents' quality of life.
17.
To preserve the natural beauty and topography of the City and
to ensure appropriate development with regard to these natural features.
18.
To remedy the problems associated with inappropriately subdivided
lands, including premature subdivision, excess subdivision, partial
or incomplete subdivision and scattered and low-grade subdivision.
[Ord. No. 18-12, 12-11-2018]
After review by the Planning and Zoning Commission pursuant to proper public notice and hearing, the Board of Aldermen of Weldon Spring is vested with the authority to review and approve, conditionally approve or deny applications for the subdivision of land, including final plats. The Board of Aldermen may grant variances, exceptions and waivers of conditions from these regulations pursuant to the provisions of Section 410.120.
[Ord. No. 18-12, 12-11-2018]
A.
These regulations shall apply to all subdivision of land (as defined in Chapter 402) and to all planned district procedures for lands located within the corporate limits of the City.
B.
The Board of Aldermen shall also have the authority to review and
approve, conditionally approve or deny development of land subdivided
prior to or following the effective date of these regulations as follows:
1.
The plat of the subdivided land was recorded without the prior
approval of the Board of Aldermen, whether or not prior approval was
required at the time the land was subdivided, and the plat contains
contiguous lots in common ownership where one (1) or more of the contiguous
lots are undeveloped, whether the lots are owned by the original subdivider
or an immediate or remote grantee from the original subdivider;
2.
The plat of the subdivided land has been of record for more
than five (5) years, was not approved after the effective date of
these regulations and contains contiguous lots in common ownership
where one (1) or more of the contiguous lots are undeveloped, whether
the lots are owned by the original subdivider or an immediate or remote
grantee from the original subdivider;
3.
The plat of the subdivided land has been of record for more
than five (5) years, was approved after the effective date of these
regulations and contains contiguous lots in common ownership where
one (1) or more of the contiguous lots is undeveloped and one (1)
or more is non-conforming under the Zoning Ordinance, whether the
lots are owned by the original subdivider or an immediate or remote
grantee from the original subdivider;
4.
The original subdivider or their successor failed to complete subdivision improvement requirements pursuant to a subdivision improvement agreement entered into when the plat for the subdivided land was approved and the plat contains contiguous lots in common ownership where one (1) or more of the contiguous lots is undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider; except that this Section 410.050(B)(4) shall not apply if the City has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision; and
5.
Whenever the jurisdiction of the Board of Aldermen extends to one (1) of the situations described in Section 410.050(B)(1) through (4), only the sale, lease, transfer or development of an undeveloped lot or lots contiguous to a lot or lots in common ownership shall be subject to these regulations.
C.
No land described in this Section 410.050 shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
1.
The applicant has obtained approval of a major subdivision preliminary
plat from the Planning and Zoning Commission or approval of a minor
subdivision preliminary plat from the Zoning Commissioner (depending
on which type of subdivision is required); and
2.
The applicant has obtained approval of a major subdivision final
plat from the Board of Aldermen or the approval of a minor subdivision
final plat from the Zoning Commissioner (again, depending on which
type of subdivision is required); and
3.
The applicant has obtained approval of construction plans from
the City Engineer and posted all required escrows (performance guarantees);
and
4.
The applicant has filed the approved plat with the St. Charles
County Recorder of Deeds.
D.
No land may be subdivided through the use of any legal description
other than with reference to a plat approved by the Board of Aldermen
in accordance with these regulations, except that land that is not
in a Planned District may be divided or transferred in the following
instances:
1.
The sale or exchange of parcels of land of five (5) acres or
larger between owners of adjoining and contiguous land, provided no
illegal lot is created.
2.
The conveyance of parcels of land or interests therein for use
as a right-of-way for streets or other public utility facilities which
does not involve any new streets.
3.
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.
4.
No land may be subdivided until adequate public facilities and
improvements are approved by the City Engineer and proper provision
has been made for drainage, water, wastewater, parks, recreational
facilities, transportation facilities and other improvements as shown
in the City's Comprehensive Plan.
E.
No excavation of land or construction of any public or private improvements
shall take place or commence, no land use permit or building permit
shall be issued and no occupancy of a structure shall occur for any
parcel or plat of land created by subdivision after the effective
date of these Subdivision Regulations except in conformity with the
provisions of these regulations.
[Ord. No. 18-12, 12-11-2018]
In order that land may be subdivided in accordance with these
purposes and policies, these Subdivision Regulations are hereby adopted
and shall take effect ten (10) days after final passage by the Board
of Aldermen. All applications for subdivision approval, including
final plats, pending on the effective date of these regulations shall
be reviewed under these regulations except that these regulations
will not apply if preliminary plat approval was obtained prior to
the effective date of these regulations and the applicant has constructed
subdivision improvements prior to submission of the final plat as
required by the City, unless the Board of Aldermen determines that
application of these regulations is necessary to avoid a substantial
risk of injury to the public health, safety and general welfare.
[Ord. No. 18-12, 12-11-2018]
A.
Interpretation. In their interpretation and application, the provisions
of these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety and general welfare.
These regulations shall be construed broadly to promote the purposes
for which they are adopted.
1.
Public Provisions. These regulations are not intended to interfere
with, abrogate or annul any other ordinance, rule or regulation, Statute
or other provision of law except as provided in these regulations.
Where any provision of these regulations imposes restrictions different
from those imposed by any other provision of these regulations or
any other ordinance, rule or regulation, Statute or other provision
of law, the provision that is more restrictive or imposes higher standards
shall control.
2.
Private Provisions. These regulations are not intended to abrogate
any easement, covenant or other private agreement or restriction,
provided that where the provisions of these regulations are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of these
regulations shall govern.
B.
Severability. The phrases, clauses, sentences, paragraphs and Sections
of this Chapter are severable and if any phrase, clause, sentence,
paragraph or Section of this Chapter shall be declared unconstitutional
or otherwise unlawful by the valid judgment, decree or injunction
order of a court of competent jurisdiction, such ruling shall not
affect any of the remaining phrases, clauses, sentences, paragraphs
and Sections of this Chapter. In the event that, contrary to the policies,
interests and values of the City of Weldon Spring, a court of competent
jurisdiction issues a judgment, decree or injunction order that this
Chapter or any part thereof is unconstitutional or otherwise unlawful
because of any omission or prohibition in this Chapter, then all provisions
of this Chapter not specifically declared to be unconstitutional or
otherwise unlawful shall remain in full force and effect. In the event
that judgment, decree or injunction order declaring all or a portion
of this Chapter to be unconstitutional or otherwise unlawful is reversed
or vacated by a court of competent jurisdiction, the provisions contained
in this Chapter shall remain in full force and effect.
[Ord. No. 18-12, 12-11-2018]
These regulations shall not be construed as abating any action
now pending under, or by virtue of, prior existing Subdivision Regulations
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue or as affecting the liability of any person, firm
or corporation or as waiving any right of the City under any Section
or provision existing at the time of adoption of these regulations
or as vacating or annulling any rights obtained by any person, firm
or corporation by lawful action of the City except as shall be expressly
provided for in these regulations.
[Ord. No. 18-12, 12-11-2018]
Upon the adoption of these regulations according to law, the Land Subdivision Ordinance of the City of Weldon Spring, Ordinance No. 25, as amended, (also known as Chapter 410 of the Municipal Code of the City of Weldon Spring) is hereby repealed, except as to those Sections expressly retained in these regulations.
[Ord. No. 18-12, 12-11-2018]
A.
Amendments to these regulations may be proposed by the City Planner,
Zoning Commissioner, City Engineer, City Stormwater Manager, City
Administrator, Mayor, any member of the Board of Aldermen, any Planning
and Zoning Commission member or any party in interest. Every amendment
proposal shall be filed on a prescribed form in the Zoning Commissioner's
office. The Zoning Commissioner shall promptly transmit each proposal,
together with any comments or recommendations, to the Planning and
Zoning Commission for a public hearing.
1.
Public Hearing, Notice. The Planning and Zoning Commission shall
hold a public hearing on every amendment proposal within a reasonable
time after said proposal is submitted to the Planning and Zoning Commission.
At the hearing, any interested party may appear and testify, either
in person or by duly authorized agent or attorney. Notice indicating
the time, date and place of the hearing and the nature of the proposed
amendment shall be given not less than fifteen (15) days before the
hearing by publication in a newspaper of general circulation within
the City of Weldon Spring.
2.
Advisory Report, Action By Board Of Aldermen. Within a reasonable
time after the public hearing, the Planning and Zoning Commission
shall submit an advisory report to the Board of Aldermen. The Board
of Aldermen shall act on the proposed amendment at their next regularly
scheduled meeting following submission of this report. Without another
public hearing, the Board of Aldermen may either pass or reject the
proposed amendment or may refer it back to the Planning and Zoning
Commission for further consideration.
[Ord. No. 18-12, 12-11-2018]
Regulation of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid
police power delegated by the State of Missouri to the City of Weldon
Spring. The applicant has the duty of compliance with reasonable conditions
laid down by the Board of Aldermen for design, dedication, improvement
and restrictive use of the land to conform to the physical and economic
development of the City and to promote the health, safety and general
welfare of the future lot owners in the subdivision and of the community
at large.
[Ord. No. 18-12, 12-11-2018]
A.
Any applicant desiring a variance from the requirements of this Chapter
shall file a written variance application with the Zoning Commissioner
at the same time that they file their preliminary plat. The application
shall fully explain the grounds for the variance request and specify
the Section(s) of this Chapter which, if strictly applied, would cause
unnecessary hardship. The City Planner, City Engineer, and the City
Stormwater Manager shall each prepare an advisory report regarding
the variance application, which shall then be submitted, together
with the completed application, to the Planning and Zoning Commission.
1.
Review By Planning And Zoning Commission. The Planning and Zoning Commission shall review the variance application and the advisory reports prepared by the City Planner, the City Engineer, and the City Stormwater Manager, perform on-site review when appropriate and submit their advisory report to the Board of Aldermen together with their recommendation on the variance request. The Planning and Zoning Commission's advisory report shall be responsive to all the variance standards set forth in Section 410.120(A)(2).
2.
Action By Board Of Aldermen, Subdivision Variance Standards.
The Board of Aldermen shall decide by resolution whether to grant
or deny the requested subdivision variance. A copy of their decision,
clearly stating their reasons therefore and the exact terms of any
variance granted, shall be attached to both the preliminary and final
plats. The Board of Aldermen shall only grant a subdivision variance
when, based upon the information presented to them, they determine
that:
a.
The proposed variance is consistent with the general purposes
of these regulations; and
b.
Strict application of the subdivision requirements would result
in unnecessary hardship to the applicant, not a mere inconvenience;
and
c.
The proposed variance is the minimum deviation from the subdivision
requirements that will alleviate the hardship; and
d.
The plight of the applicant is due to peculiar circumstances
not of their own making; and
e.
The peculiar circumstances engendering the variance request
are not applicable to other tracts and that a variance would be a
more appropriate remedy than an ordinance amendment; and
f.
The proposed variance, if granted, shall not interfere with
the implementation of the City's Comprehensive Plan; and
g.
The proposed variance, if granted, will not place an avoidable
or unnecessary hardship on the applicant's neighbors or others in
the community.
[Ord. No. 18-12, 12-11-2018]
A.
General.
1.
It shall be the duty of the Zoning Commissioner to enforce these
requirements and to bring to the attention of the City Attorney or
the City Attorney's designee any violations of these regulations.
Court action by summons and/or injunction may then be initiated by
the City Attorney.
2.
No owner or agent of the owner of any parcel of land located
in a proposed subdivision shall transfer or sell any part of the parcel
before a major subdivision final plat has been approved by the Board
of Aldermen or a minor subdivision final plat has been approved by
the Zoning Commissioner in accordance with the provisions of these
regulations and has been filed with the St. Charles County Recorder
of Deeds.
3.
The subdivision of any lot or any parcel of land by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited, except as allowed by Section 410.050(D) of this Chapter.
4.
No building permit shall be issued for the construction of any
building or structure located on a lot or plat subdivided or sold
in violation of the provisions of these regulations and the City shall
not have any obligation to issue land use permits or to extend utility
services to any parcel created in violation of these regulations.
5.
No illegal lot shall be created by any means, including, but
not limited to, transferring, selling or conveying any part of a parcel
to another party before a final plat has been approved by the Board
of Aldermen or the Zoning Commissioner in accordance with this Chapter.
B.
Violations And Penalties. Any person who is convicted of a violation
of this Chapter shall be guilty of an infraction and shall be fined
not less than fifty dollars ($50.00) or more than five hundred dollars
($500.00) plus costs. Each day that a violation continues shall be
considered a separate offense.
C.
Civil Enforcement. Appropriate actions and proceedings may be taken
in law or in equity to prevent any violation of these regulations;
to prevent unlawful construction; to recover damages; to restrain,
correct or abate a violation; and to prevent illegal occupancy of
a building, structure or premises. These remedies shall be in addition
to the penalties described above.
