[R.O. 2009 § 480.010]
This Chapter shall be known and may be cited as "The Subdivision Regulations of the City of Fenton" or "Subdivision Code."
[R.O. 2009 § 480.020]
The purpose of this Chapter is to promote the public health, safety, and general welfare of the City by regulating the division and re-division of Property in order to lessen congestion in the Streets; to further the orderly development and appropriate use of land; to establish accurate records of Subdivisions; to protect land title; to implement the City's Comprehensive Development Plan; and coordinate the provision of transportation, water, sewerage, and other public utilities.
[R.O. 2009 § 480.030]
As used in this Chapter, the following terms shall mean:
BOUNDARY ADJUSTMENT
A Subdivision by the division or consolidation of land involving either:
1. 
The sale or transfer of Lots to or between adjoining Lots owners; or
2. 
The consolidation of the use of adjoining Lots owned by a single Lot owner.
IMPROVEMENT PLANS
Plans indicating proposed grading, sanitary and storm sewer, water mains, pavements, curbs and gutters, sidewalks, Streets, signs, lights, trees, and other appropriate installations required to render land suitable for the use proposed.
MSD
The Metropolitan St. Louis Sewer District.
PLAT (FINAL)
A Plat of a Subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining Lots, blocks, Streets, Alleys, public areas, and other dimensions of land.
PLAT (PRELIMINARY)
A Plat of a proposed Subdivision showing the character and proposed layout of the Lot(s) in sufficient detail to indicate the suitability of the proposed Subdivision. This proposed Subdivision must be submitted in accordance with all requirements of this Code.
RESUBDIVISION
Any change in the Plat or description of an approved or recorded Subdivision, including a Subdivision predating the adoption of regulations controlling the division of land, if such change affects any Lot Line, Street layout, or area reserved for public use.
SUBDIVIDER
An Applicant proposing a Subdivision and/or a developer of a Subdivision, either for himself or others.
SUBDIVISION
Any land which is divided or proposed to be divided into two (2) or more Lots or any other division of land for the purpose, whether immediate or future, of sale, lease, conveyance, or Development.
SUBDIVISION (MAJOR)
A Subdivision which is not classified as a Minor Subdivision and meets any one (1) of the following criteria:
1. 
Creating more than four (4) Lots;
2. 
Involving the creation of a new Street or access easement;
3. 
Extending or creating public facilities and/or public improvements;
4. 
Adversely affecting, in the Director's determination, the remainder of the Property or adjoining Property;
5. 
Conflicting with the Comprehensive Development Plan, Official Zone District Map, Zoning Code, or this Subdivision Code; or
6. 
Any other division of land not meeting the definition of Minor Subdivision.
SUBDIVISION (MINOR)
Any Subdivision containing not more than four (4) Lots fronting on an existing Street and not:
1. 
Creating a new Street or access easement;
2. 
Extending or creating any public facilities and/or public improvements;
3. 
Adversely affecting, in the Director's determination, the remainder of the Property or adjoining Property;
4. 
Conflicting with the Comprehensive Development Plan, Official Zone District Map, Zoning Code, or this Subdivision Code; or
5. 
Requiring any variance through the Board of Adjustment or Subdivision modification under Section 440.050.
TRUST INDENTURES
Private restriction, covenants and restrictions, or other mechanism which is recorded and used for the purpose of maintaining commonly owned property and/or facilities within the Subdivision.
ADDITIONAL DEFINITIONS
Where not inconsistent with the language or intent herein, the additional definitions set forth in Section 400.030 are incorporated herein and shall apply.
[R.O. 2009 § 480.040]
A. 
No Property within the City shall be subdivided without complying with the provisions of this Subdivision Code.
B. 
No Lot within any such proposed Subdivision shall be offered for sale nor shall any sale, contract for sale, or option be given until the Final plan for such Subdivision has been reviewed by the Commission, officially approved by the Board, and the Final Plat of such Subdivision has been recorded in the Recorder of Deeds. No person shall sell or attempt to sell a Lot by metes and bounds in violation of this Chapter.
C. 
The owner or agent of the owner of any Property who transfers, sells, or conveys such Property by reference to, exhibition of or other use of a Plat of such proposed Subdivision before such Plat has been approved in accordance with this Subdivision Code and recorded with the Recorder of Deeds shall be guilty of an ordinance violation and, upon conviction, punished as set out in Section 100.120 of this Code. Each day that any violation of any provision of this Subdivision Code shall continue shall constitute a separate offense. The inclusion of a metes and bounds description in the instrument of transfer or sale shall not exempt the transaction from these penalties. The City may enjoin or invalidate any transaction or agreement involving the conveyance of any Lot not approved in conformance with these regulations.
D. 
No construction or improvement, such as sidewalks, water supply, stormwater drainage, sewage facilities, gas service, electric service, streetlighting, or grading, paving or surfacing of any Street, shall hereafter be made within any such Subdivision by any owner or owners or his/her or their agent, or by any public service corporation at the request of such owner or owners or by his/her or their agent until the Final Plat for the Subdivision has been properly reviewed and officially approved by the Board.
E. 
No building permit shall be issued for any Structure to be built on a Lot subdivided or sold in violation of this Chapter.
F. 
Land not suited for development due to topographic or geologic features and which will pose a threat to the health, safety, or welfare of present or future residents shall not be subdivided unless adequate methods approved by the City are found to eliminate the threat.
G. 
The provisions of this Subdivision Code shall be held to be the minimum requirements necessary for a Subdivision and shall apply to any Subdivision.
H. 
The Director shall be responsible for the enforcement of this Subdivision Code.
I. 
The Board shall approve all Subdivisions. Such proposed Subdivisions shall be first submitted to the Commission for its recommendations, unless otherwise provided for under Section 440.060 of this Chapter.
[R.O. 2009 § 480.050]
Subdivision Modifications. When a Subdivider can show that a provision of this Chapter would cause unnecessary hardship if strictly adhered to, and when, in the opinion of the Commission, because of conditions peculiar to the site, a departure may be made without destroying the general intent and spirit of the provision, the Commission may recommend a modification to the Board. The Subdivider shall apply in writing for such modification within the Preliminary Plat application. Any such modification thus recommended shall be entered in writing in the minutes of the Commission, and the reasoning on which the departure was justified shall be set forth. Approval of the modification by the Board shall be by ordinance and may be part of the ordinance approving the Preliminary Plat.