Wildwood City Zoning Code

Assure that future land use in the SCOD is protective of human health;

Establish appropriate remediation of environmental hazards and the preservation of such remedial measures, and the steps necessary to achieve the same;

Require that developments in the SCOD employ construction practices that are consistent with the protection of public health and the environment, as determined by the applicable Federal, State, and/or local agencies and/or governmental bodies, with jurisdictional background and authority, provided, however, that in the event of any conflict between or among the determinations by such agencies and/or governmental bodies as to the respective construction practices to be employed, whichever determinations impose the more stringent standards, provisions, restrictions, or requirements for the respective construction practices to be employed shall apply; and

Assure soil and groundwater containing concentrations of any Contaminants, as such term is defined herein, are abated in accordance with all Federal, State, and local laws, regulations and guidance. As used in this Section 415.505, the term "Contaminants" shall mean:

The specific goals of the Special Circumstances Overlay District (SCOD) and procedure are to:

Any residential, commercial, or industrial use, along with their respective supporting facilities.

Any accessory use permitted in the zoning district within which the special circumstances development is overlaid. The area and yard requirements for non-dwelling uses shall not be diminished, unless otherwise authorized by the ordinance approving the special circumstances development.

Lot area, lot dimensions, setback distances, and height requirements shall be as established in the ordinance authorizing the special circumstances development, with the following restrictions:

Design specifications for public and other required improvements.

In no instance shall the required public space allocations set forth herein be an environmental hazard, as defined by the Federal, State, County, or City of Wildwood governments.

Land disturbance within setback areas, excepting for the purposes of access and necessary utility installations, preservation area locations, and tree canopy requirements applicable in any district shall in no event be diminished.

Will achieve the specific purposes a SCOD is intended to meet as a condition of its approval pursuant to this Section;

Will not violate the general purposes, goals and objectives of the zoning and subdivision ordinances, other applicable development regulations, and the City of Wildwood Master Plan; and

Will address any negative impacts that may result from such change, alteration, modification, or waiver to such provisions through appropriate mitigating actions. The Director of Planning and Parks is hereby authorized to prepare forms pursuant to which any such mitigating actions must be presented.

SCOD Application Requirements. A complete application shall contain the information required under Section 415.510(H) of this Code, and an Environmental Site Assessment (hereinafter defined) required pursuant to Subsection (O) of this Section. Along with this information, the applicant shall also provide, as part of this application filing, the following items:

Fees. In addition to all other fees and application requirements pursuant to this Section or Section 415.550, every completed application shall include a fee payable to the City of Wildwood equal to two thousand five hundred dollars ($2,500.00), plus an additional two hundred fifty dollars ($250.00) for each acre or part thereof included within the area subject to the preliminary development plan. Such fees shall be used to defray the costs to the City to review the application.

All land that has previously been or currently is designated and/or controlled by an environmental covenant between the EPA or the MDNR and a landowner due to contamination caused by Contaminants, hazardous wastes, toxic wastes, or other defined public health threats;

All land that is designated under the Natural Resource Protection Standards Regulations as exhibiting slopes that are greater than thirty (30) percent or identified as sinkholes, wetlands, and ephemeral drainageways;

Notwithstanding the provisions of Section 415.510(R) of this Code to the contrary, land designated for the dedication for public space or public park use may not be considered in the calculation of gross acreage in computing the maximum number of lots that may be created or dwelling units that may be authorized.

Distribution Of Complete Application For Review. Upon receipt of a completed SCOD application, the Planning Director shall transmit a copy of the SCOD application and preliminary development plan to each member of the Planning and Zoning Commission, the Department of Public Works, the Architectural Review Board (ARB), and to such other City, County, State or Federal agencies, as appropriate, for their review and comment.

City Council Action. Upon receipt of the Planning and Zoning Commission's recommendation, the City Council shall either approve the preliminary development plan by adopting an ordinance approving the preliminary development plan or deny the application. If the application is approved, the matter shall be returned to the Planning Commission for consideration of a site development plan. In instances where the Planning Commission has recommended denial of a preliminary development plan, the City Council will receive and file the Letter of Recommendation on said request and a public hearing shall not be required, unless supported by its members. If a public hearing is supported by the City Council, a minimum two-thirds (2/3) majority of its members must authorize such to allow for its scheduling.

Successive SCOD Applications. No application submitted pursuant to this Section shall be considered by the Planning and Zoning Commission or the City Council, if the real property to be affected by the proposed change was the subject of a similar application subject to a public hearing by the Planning and Zoning Commission within twelve (12) months prior to the submittal of such application.

Public health and safety considerations;

Adequate remediation efforts by the developer through cooperation with Federal and State agencies, when applicable;

Conformance with the land use goals, objectives, and policies as set forth in Subsection (B) of this Section; and

Conformance with all of the requirements and provisions set forth in this Section 415.505.

The type and extent of abatement, remediation, mitigation or compliance to Federal, State, County, and City environmental laws, standards, regulations, and/or requirements relating to Contaminants, environmental concerns or public or environmental hazards existing on the property, including those identified pursuant to an Environmental Site Assessment(s) (hereinafter defined) conducted consistent with Subsection (O) of this Section;

The methods or type of development practices, improvements, and common ground required;

The inclusion of more after-development inspections and site monitoring to ensure all components of the governing ordinance for the project are still adhered to, are in place, being maintained, or otherwise still applicable and germane, which must be described as part of the application process for a development within the SCOD along with the identification of the inspecting entity;

The assurance that disclosures to users and buyers, beyond the first set of them within a new project area, specifically as properties are transferred years or decades later, are in place and cannot be eliminated, unless acted upon by the City Council, after review and recommendation by the Planning and Zoning Commission;

Dedication of land or payment of fees for public space, road improvements, schools or for other infrastructure or public facilities impacted by the development;

An adequate plan for greater oversight of construction processes, if development allowances are granted on a special circumstances site, relative to those considerations generating the applicability of this overlay district's use;

Agreement to and representation of all materials submitted by the developer to the State of Missouri are met and indicating an understanding and compliance to the Missouri Department of Natural Resource's Land Disturbance Permit processes; and

Required provisions for funding of maintenance agreements or trust indentures.

That common areas, excepting environmentally protected areas by covenants or other restrictive agreements, and including open spaces, natural resource protection areas, or recreational grounds, shall be for the sole benefit, use and enjoyment of the lot or unit owners, present and future, of the entire special circumstances development or that the common areas may also be used by residents outside the special circumstances development. If residents outside the special circumstances development are permitted to use the common areas, the indenture shall contain provisions, which shall provide, in essence, the following:

The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.

The indenture shall contain specific language restricting any disturbance of natural resource protection areas formally preserved under the application of Section 420.200 of this Code by any resident or non-resident of this special circumstances development, as well as any environmentally protected areas by covenants or other restrictive agreements.

The indenture shall contain no language inconsistent with any requirements or regulations of any of the City of Wildwood's ordinances, including the Zoning Ordinance and Subdivision and Development Regulations, and related development standards.

In addition to these requirements, indentures shall contain specific language restricting any alteration or disturbance of any area of the development subject to an environmental covenant or restriction other than restrictive agreement by any person.

Phase I Environmental Site Assessment. The Phase I Environmental Site Assessment submitted to the City by the applicant shall conform to and be conducted in accordance with the American Society for Testing and Materials International ("ASTM") Standard E1527 — 13, "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," and ATSM Standard E1528 — 14e1, "Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process," or the most current editions thereof which has, or have, been: (1) promulgated by ATSM, and (2) endorsed, in writing, by the EPA as meeting the all appropriate inquiries rule codified in 40 CFR Part 312, as amended.

Environmental Professional. The Environmental Professional who conducts and prepares the Environmental Site Assessment(s) submitted by applicant in accordance with this Subsection (O) shall be qualified to complete such Environmental Site Assessment(s). Such individual qualifications must demonstrate to the sole satisfaction the Planning and Zoning Commission of the City of Wildwood, Missouri, that the Environmental Professional is qualified to conduct such based upon education, accreditations, previous project experience and the current ASTM Standards, and otherwise meets the minimum requirements set forth in 40 CFR Section 312.10(b), as amended. In addition, the Environmental Professional who conducts and prepares the Environmental Site Assessment(s) submitted by the applicant shall not be affiliated with the applicant, or a buyer or seller of the property, or a firm engaged in any business that might present a conflict of interest or give the appearance of a conflict of interest.

Review And Other Tests, Studies And Actions. Upon review of the Phase I Environmental Site Assessment report by the Planning and Zoning Commission of the City of Wildwood, and, if applicable, the City's environmental consultant(s) or expert(s), or both, as the case may be, the Planning and Zoning Commission, in its discretion, may require additional studies, tests or environmental treatments and remedies as may be determined to be reasonably required or necessary to confirm the applicant's report and conclusions or for the abatement of the Contaminants, environmental remediation, safety and security of the site, including but are not limited to Phase II environmental investigations, cleanups or other remedies. Any such additional review and/or tests shall be performed at the sole cost and expense of the applicant.

The provisions of Subsection (M) of this Section to the contrary notwithstanding, no SCOD application submitted pursuant to this Section shall be approved for the develop of any property, or part thereof, located within the SCOD, where there exists identified Contaminants in the groundwater or soil thereof, until all such identified Contaminants have been properly abated, removed, contained, collected, controlled, treated, disbursed, disposed of, or otherwise cleaned-up in accordance and in conformance with all applicable Federal, State, or local environmental laws, regulations, standards, directives, orders, directives, guidelines, and/or requirements.

In the event of any conflict between or among the standards promulgated by ATSM and the provisions and requirements provided for in this Subsection (O) or by any Federal, State, or local environmental laws, regulations, standards, directives, or guidelines, whichever imposes the more stringent standards, provisions, restrictions, or requirements shall apply.