Community Impact Issues

Community Developments and Road Improvements

At any one time, a town, city, county or area may be considering zoning changes, road improvements, new developments (whether commercial or residential), or other public improvements. This information is available to the public through the appropriate authority, whether that is the zoning and planning board, local or state highway department or the governing body of the area. While real estate agents may be aware of information that has been published, it is not within the scope of the real estate agent's expertise to maintain databases or files that cover all available information. The buyer should contact the appropriate governing authority to obtain the desired information.

County and Municipal Ordinances

St. Louis and St. Charles Counties have ordinances affecting the transfer of property within their jurisdictions. For example:

• Unincorporated St. Louis County sellers must disclose the flood plain status of the property. All St. Louis County ordinances may be found at www.co.st-louis.mo.us/council/archive.html.
• Within the corporate limits of the city of St. Peters, a separate seller's disclosure is required. It states that the city of St. Peters has ordinances which administer development controls and regulations regarding building codes, existing structure codes, land development and zoning regulations which may affect the property. It also states that if the property is located in a subdivision, the subdivision may have covenants and/or bylaws, conditions and restrictions to which the property may be subject.
• In the city of Chesterfield sellers and real estate brokers are required by ordinance to disclose to prospective buyers or tenants the future land use as contemplated by their comprehensive plan and the potential noise impact from Spirit of St. Louis Airport. A specific disclosure statement, a copy of the Chesterfield Conceptual Land Use Plan showing the area within one mile of the property for sale or rent and a copy of the Spirit of St. Louis Airport noise impact map must be attached to every contract for sale or lease. A violation of this ordinance is punishable by a fine of not less than $5 and not more than $500.

Flood Plain

When purchasing a piece of property, it is important to know if that property lies in the flood plain. Flood insurance is available and may be required by a lender, should the flood maps indicate "Special Flood Hazard Areas." Sellers of property should disclose in writing, when their property goes on the market, the flood plain status of that property to avoid later legal liability.

A St. Louis County ordinance requires that sellers of property in unincorporated St. Louis County disclose, in writing, the flood plain status of their property, prior to the execution of a sales contract. The penalty, if convicted of noncompliance with the ordinance, is a fine of up to $1,000 for both seller and agent.

Furthermore, as provided for in the St. Louis Association of Realtors Residential Sale Contract, a purchaser may terminate the sale contract if any portion of the property is located in a designated 100- year flood plain unless this is disclosed to them in writing prior to the contract.

Municipal/ Conservation District Inspections

Many of the municipalities, cities and the St. Louis City Conservation District have property inspections and occupancy requirements. The Metro West Fire Protection District serving the communities of Ballwin, Ellisville, Wildwood and Glencoe, portions of Chesterfield, Clarkson Valley and Winchester and unincorporated areas of St. Louis County is also requiring inspections of all residential and multi-family dwellings in their district.

These inspections are performed by the Departments of Public Works, the fire departments, local inspectors employed by the individual municipalities and others. The best method for obtaining current information regarding any inspection and occupancy requirements is to call the local government.