[R.O. 2008 §240.070; Ord. No. 2175, 5-27-2003]
A.
After
approval of a preliminary subdivision plat and prior to or concurrently
with the submittal of a final subdivision plat application, the subdivider
shall submit detailed construction plans, to be known as subdivision
improvement plans, in accordance with the requirements of this Article.
Under no circumstances shall subdivision improvement plans be reviewed
or approved until the Commission has approved the preliminary subdivision
plat.
B.
Subdivision
improvement plans shall consist of working drawings and design specifications
upon which consideration of the subdivision improvements shall be
based. Subdivision improvement plans should provide the Commission
and the Director with complete and sufficient design and construction
information to permit evaluation of the quality and completeness of
the proposed engineering design, site and landscape planning, determination
of compliance with applicable regulations of the City and establishment
of a construction schedule for the proposed subdivision. All engineering-related
plans and specifications shall be prepared, signed and sealed by a
professional engineer.
[R.O. 2008 §240.075; Ord. No. 2175, 5-27-2003; Ord. No.
2306, 2-28-2006]
A.
Except
as otherwise required herein, the subdivision improvement plans shall
be drawn at any scale from one (1) inch equals twenty (20) feet to
one (1) inch equals one hundred (100) feet in any increments of ten
(10) feet, on one (1) or more sheets not greater than thirty-six (36)
inches by forty-two (42) inches in size which shall include a north
arrow, scale, date and revision date block on each sheet.
B.
Specific
submission requirements include the following materials:
1.
Title page and index sheet. The title page shall
include the proposed name of the subdivision and show the name, address
and telephone number of the subdivider and the professional engineer
who prepared the subdivision improvement plans. If the set of subdivision
improvement plans contains more than five (5) sheets, not including
the title page, an index sheet shall also be provided.
2.
Key map. If the subdivision is to be built in phases,
the subdivision improvement plans shall provide a key map showing
the general layout of the entire subdivision with the applicable phase
highlighted.
3.
Vicinity map. The vicinity map shall cover an area
within a radius of one (1) mile of the proposed subdivision at a scale
of one (1) inch equals two thousand (2,000) feet. The vicinity map
shall generally locate arterial streets, highways, section lines,
railroads, schools, parks and other significant community facilities.
The vicinity map may be incorporated into the subdivision improvement
plan drawings.
4.
General plans. General plan drawings shall depict
the following:
a.
Existing and proposed contours shown at intervals of not more than
two (2) feet. Additional spot elevations may be required by the Director.
U.S.G.S. datum shall be used with bench marks shown on the subdivision
improvement plans. Existing contours shall be extended a minimum of
one hundred fifty (150) feet beyond the boundaries of the proposed
subdivision.
b.
Existing topographic features including, but not limited to, pavements,
curbs and gutters, buildings and trees to be preserved (caliper, approximate
spread and drip line and species type).
c.
Area of the proposed subdivision and the proposed lots therein stated
in the nearest one-tenth (1/10) of an acre, including a complete metes
and bounds description of subdivision boundaries.
d.
Proposed site design including streets with proposed street names,
lot lines, utility access and service easements, land use and land
proposed to be reserved or dedicated for public uses.
e.
Setback and buffer lines in conformance with the zoning ordinance.
f.
Natural features within and adjacent to the proposed subdivision
including drainage channels, bodies of water, wooded areas and other
significant features. On all watercourses leaving the proposed subdivision,
the direction of flow shall be indicated and for all watercourses
entering the proposed subdivision, the approximate drainage area and
watershed name above the point of entry shall be noted.
g.
Storm drainage analysis showing drainage data for all watercourses
or drainage ways entering and leaving the subdivision.
h.
Designation of any portion of property within the 100-year floodplain
based upon calculations recognized by the Federal Flood Insurance
Administration and the Director as the most recent and accurate available
from the U.S. Army Corps of Engineers.
i.
Public facilities existing or to be located in the subdivision boundaries
or within one hundred fifty (150) feet surrounding the proposed subdivision
including streets, bridges, culverts, utility lines, pipelines, power
transmission lines, water hydrants, all easements, park areas, structures
and other public structures and facilities.
j.
City and County corporate limit lines, section lines and other significant
information relative to political subdivisions or to the U.S.G.S.
Survey System.
k.
Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land with the plat book and page number or instrument
identifying each subdivision or tract and St. Louis County Locator
Number.
l.
Exact boundary lines of the proposed subdivision indicated by a heavy
line giving dimensions and all bearings.
m.
Identification of all utilities serving the subdivision.
n.
North arrow and graphic scale.
5.
Plans and profiles. Plans and profiles for streets,
sanitary sewers and storm sewers shall be drawn at a scale of one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical or as otherwise approved by the Director.
6.
Streets and sidewalks. Typical street cross sections
shall be shown with complete dimensions and construction information.
Street profiles showing existing and proposed elevations at stations
located at fifty (50) foot intervals on the centerline and at a point
twenty-five (25) feet from the proposed street right-of-way on a line
drawn perpendicular to each station along the centerlines of all roads.
Street profiles shall be drawn at a horizontal scale of fifty (50)
feet to the inch and a vertical scale of ten (10) feet to the inch
or as otherwise approved by the Director. Such profiles shall be prepared
by a professional engineer.
7.
Utility plans. Utility plans shall indicate public
and private water and sewer facilities, lines, valves, pumps, fire
hydrants, pump stations and treatment which shall be designed to conform
to the development standards for water and sewer services as adopted
by the local water company and MSD and shall include:
a.
Sanitary sewer plans. Sanitary sewer plans shall
show the alignment of all sewer mains, manhole locations and proposed
easement locations and dimensions. Specific drawing information shall
be in accordance with the requirements of MSD.
b.
Water distribution. Water distribution plans shall
show the alignment of all water mains, location of valves and fire
hydrants and proposed easement locations and dimensions. Specific
drawing information shall be in accordance with the requirements of
the local water company and the City of Olivette Fire Department.
c.
Street lighting plans. The street lighting plans
shall show the location of proposed street lights and indicate the
type of light standards, fixtures and rated output (lumens) of the
light sources.
d.
Other utility plans. Other utility plans shall show
proposed locations of any utilities including easements. Drawing information
requirements for other utilities (e.g., electric, gas, telephone,
cable television, etc.) shall be in accordance with the requirements
of the applicable utility company.
8.
Grading, storm drainage and erosion control plans.
a.
Grading plans shall include:
(1)
Existing and proposed contours shall be shown at intervals of
not more than two (2) feet. Existing contours shall be extended a
minimum of one hundred fifty (150) feet beyond the boundaries of the
proposed subdivision. Additional spot elevations shall be provided
as necessary to accurately determine existing site elevations. Existing
contours and spot elevations shall be based on actual field survey
data. U.S.G.S. datum shall be used with one (1) or more bench marks
shown, in or near the proposed subdivision, to which the development
is referenced. Also indicate existing and proposed elevations at buildings,
walks, drives and streets;
(2)
Location and description of any geological features which may
affect the use of the proposed subdivision (e.g., sink holes, subsurface
rock, high water table or other significant geological features);
(3)
Description of soil types, based on soil test borings;
(4)
Location and estimated quantities of excavation and fill;
(5)
Density of proposed fill material (from on site or off site);
(6)
Identification of all cleaning and grubbing, including removal
of existing structures or other existing improvements;
(7)
Identification of any significant trees (having a trunk size
of eight (8) inch caliper or greater) that are required to be saved
as a condition of the preliminary subdivision plat approval and those
that are designated to be preserved by the subdivider and indicating
the approximate spread of such trees that are to be preserved.
(8)
Location and details of all retaining walls, cribbing or other
surface protection features;
(9)
Location of any underground utility lines, any part of which
is within fifty (50) feet of a proposed excavation or filling area;
(10)
Location of construction site access and temporary off-street
parking and staging areas;
(11)
Estimated schedule of operation, including a timeline schedule
of starting and completion of grading work, erosion and siltation
control and any interim storm drainage systems.
b.
Storm drainage plans shall include all storm drainage facilities
and proposed easement locations and dimensions. Specific drawing information
shall be in accordance with the requirements of MSD.
c.
Erosion/siltation control plans shall include details of any required
temporary and long-term soil stabilization measures to be taken and
by MSD as applicable to storm drainage facilities.
d.
If construction activities will disturb land or entail the grading
of an area that is five (5) acres or greater, a land disturbance permit
shall be obtained from the State of Missouri Department of Natural
Resources.
9.
Other miscellaneous plans.
a.
Landscape plans. A landscape plan shall be submitted
by the subdivider for review by the Director and approval by the Commission
prior to submitting the proposed final subdivision plat. The landscape
plan shall contain types, sizes and locations of all proposed and
existing plant materials.
b.
Floodplain analysis. Where a portion of a proposed
subdivision is known or suspected to be flood prone and the Federal
Flood Insurance Administration map or other similar sufficient information
is not available, an engineering analysis shall be required. Such
analysis performed by a professional engineer and shall determine
the 100-year floodplain line. Regardless of the method of determination,
the 100-year floodplain line shall be clearly and legibly drawn on
the grading and excavation plan and on the final subdivision plat.
c.
Indentures. A draft of any indentures proposed for
the subdivision describing proposed covenants, restrictions and conditions
shall be submitted for review by the City Attorney at the time of
subdivision improvement plan review. In the event the proposed subdivision
includes common ground, the indentures shall provide for assessments
to be levied against owners within the proposed subdivision for the
maintenance, repair and replacement of the common ground or other
improvements as necessary.
d.
Cost estimates. The subdivision improvement plans
shall be accompanied by cost estimates for all site preparation and
construction of improvements in sufficient detail for verification
and approval by the Director and identifying any reference sources
of costs used in preparing the cost estimates or the source of the
cost estimate (e.g., if prepared by a utility company to be contracted
to install certain improvements).
e.
Evidence of review by others. Subdivision improvement
plans shall provide written statements from (or correspondence from
the subdivider to) the following agencies indicating that the subdivision
improvement plans have been submitted for determination of compliance
with their respective standards:
(1)
MSD;
(2)
MoDOT, if access to the subdivision is to be from a State highway;
(3)
St. Louis County Department of Highways and Traffic, if access
to the subdivision is to be from a County arterial road;
(4)
Missouri Department of Natural Resources;
(5)
U.S. Army Corps of Engineers; and
(6)
Other agencies having review authority over any element of the
proposed subdivision.
f.
Plans and renderings for subdivision identification monument
or sign. All identification monuments and other signs identifying
the subdivision entry, subdivision name or street names and locations
within the subdivision (or combination thereof) shall be shown on
the subdivision improvement plans. Renderings of such monuments and
signs shall also be provided.
[R.O. 2008 §240.080; Ord. No. 2175, 5-27-2003]
A.
Submission By The Subdivider. After approval of the preliminary
subdivision plat, the subdivider shall submit five (5) copies of the
subdivision improvement plans and other information required under
this Article to the Director. It shall be the subdivider's responsibility
to provide copies of applicable subdivision improvement plans to the
other reviewing agencies and utilities.
B.
Staff Review. As soon as practical after receipt of the
subdivision improvement plans, the Director shall distribute copies
of the applicable documents to the Zoning Administrator, Fire Chief,
City Attorney and other City staff as appropriate. The Director, with
the input of other City staff, shall review the subdivision improvement
plans and shall:
C.
Evidence Of Approval By Other Agencies And Utilities. The
subdivider shall provide evidence to the Director of the approval
or agreement to install Improvements, from all reviewing agencies/utility
companies, including payment of any required inspection fees.
D.
Approval. Upon determination by the Director that the subdivision
improvement plans satisfy the requirements of this Chapter, the Director
shall cause the subdivision improvement plans to be stamped as approved
and dated.
[R.O. 2008 §240.085; Ord. No. 2175, 5-27-2003]
Approval of the subdivision improvement plans shall be valid
for a period of two (2) years from the date of approval. If the construction
of improvements has not been completed within the two (2) year period,
the Director may grant an extension of up to one (1) year for completion.
Any request for an extension shall be filed in writing with the Director
prior to the expiration of approval. If construction has not been
commenced within the two (2) year period, the approval shall be void.
[R.O. 2008 §240.090; Ord. No. 2175, 5-27-2003]
For small subdivisions in which maintenance guarantees are not
provided, all required improvements must be installed, but before
application for a final subdivision plat approval, the subdivider
shall submit as-built plans of the improvements to the Director.
[R.O. 2008 §240.095; Ord. No. 2175, 5-27-2003]
A.
After
subdivision improvement plans have been approved and all inspection
fees paid, but before approval of the final subdivision plat, the
subdivider shall provide a guarantee in an amount approved by the
Director representing not less than one hundred percent (100%) the
estimated cost of the construction, completion and installation of
the improvements indicated on approved subdivision improvement plans
to guarantee construction completion and installation of the required
improvements within the completion period approved by the Director,
which shall not exceed two (2) years, except as such period may be
extended as provided in this Article.
B.
Upon
satisfactory completion of the required improvements, the subdivider
shall provide a guarantee in an amount approved by the Director representing
not less than ten percent (10%) the actual cost of the construction,
completion and installation of the improvements to guarantee the maintenance
of the required improvements for the period of one (1) year after
completion and approval of the improvements. Street trees shall be
guaranteed for a period of three (3) years following approval.
C.
No
performance or maintenance guarantee or deposit shall be required
to be provided to the City for sanitary and storm sewer improvements,
if MSD confirms that requirements for assurance of completion are
satisfied. This provision shall not affect the intent or enforcement
of any guarantee, escrow or renewal, extension or replacement thereof
for plats approved prior to the effective date of this Chapter.
[R.O. 2008 §240.100; Ord. No. 2175, 5-27-2003]
A.
Form. Performance and maintenance guarantees under this
Article shall be in the form of one (1) of the following:
1.
A cash deposit or escrow account in the name of the City of Olivette
in a local financial institution approved by the City. Any such escrow
account shall be governed by the terms of a deposit agreement approved
by the City Attorney and executed by the Director on behalf of the
City and the subdivider; or
2.
An irrevocable letter of credit which may be renewable, issued under
the then current uniform customs and practice for documentary credits,
as issued by the International Chamber of Commerce, payable at a local
financial institution approved by the City, with a final expiration
date of not less than six (6) months after the initial period allowed
for completion of required improvements, drawn in favor of the of
the City of Olivette and guaranteeing to City the availability, from
time to time upon demand, of the balance under the deposit agreement
and letter of credit not theretofore released.
B.
Pre-Approval Of Financial Institution. No financial institution
shall be eligible to provide an escrow account or a letter of credit,
unless approved in advance by the City Manager on such terms and criteria
as may be established by the City.
[R.O. 2008 §240.105; Ord. No. 2175, 5-27-2003]
A.
The
City shall inspect each category of improvement or utility work within
twenty (20) business days after a written request for such inspection.
B.
Performance Guarantee. The performance guarantee required
under this Article shall be partially released within thirty (30)
days of the completion of the improvement category to which such guarantee
or portion of such guarantee applies. For each such partial release,
the City shall retain five percent (5%) of the applicable performance
guarantee amount, which retainage category of improvement shall be
deemed to be completed:
1.
Upon written confirmation by the Director that the required improvement
has been satisfactorily completed; and
2.
Upon satisfaction by the subdivider of the following conditions:
a.
The professional engineer or registered land surveyor who prepared
the subdivision improvement plans has certified in writing to the
City that all improvements for which release or partial release of
performance guarantees is being requested have been constructed and
installed in accordance with the approved subdivision improvement
plans and with the approved final subdivision plat; and
b.
Prior to such release, the City has received from the subdivider
three (3) sets as-built plans in reproducible form for the applicable
improvements indicating location, dimension, construction materials
and such other information as may be requested by the Director.
C.
Maintenance Guarantee. The subdivider shall be responsible
for defects, deficiencies and damage to required improvements during
development of the subdivision. The maintenance guarantee amounts
may be retained and used by the City to defray or reimburse any cost
to the City for maintenance or repair of such improvements which the
subdivider fails or refuses to perform. Where the maintenance guarantee
is drawn upon by the City during the maintenance guarantee period,
the Director shall have further authority to require that the subdivider
replenish maintenance guarantee amounts to those minimum amounts required
by this Article. Maintenance guarantees amounts shall be released
by the Director under the following procedures:
1.
Within ninety (90) days of the expiration of the applicable maintenance
guarantee period, the Director shall cause a final inspection to be
made and, if no defects or deficiencies in the improvements are found,
the maintenance guarantee amounts shall be released.
2.
If the inspection reveals defects or deficiencies in the improvements,
the Director shall specify in writing the defects or deficiencies
together with the work necessary to remedy such defects or deficiencies
and shall order that the subdivider initiate the remedial work within
five (5) business days from the subdivider's receipt of the order.
In the event that the subdivider fails to initiate the remedial work
within the notice period or having draw upon and utilized the maintenance
guarantee amounts to defray or reimburse any cost to the City of undertaking
the remedial work, upon satisfactory completion of the remedial work,
the Director shall release the remaining maintenance guarantee amounts.
[R.O. 2008 §240.110; Ord. No. 2175, 5-27-2003]
A.
The
obligation of the subdivider to construct, complete and install the
required improvements shall not cease until the subdivider shall be
finally released. If, after the improvements completion period, the
required improvements are not constructed, completed or installed,
the Director shall request the subdivider, escrow agent, surety or
letter of credit provider to show cause, within not less than ten
(10) days, why the City should not declare the subdivider in default.
If the subdivider, escrow agent, surety or letter of credit provider
fails to cure any default or present compelling reason why no default
should be declared, the Director shall declare the subdivider in default
and may take any one (1) or more of the following acts:
1.
Deem the balance under the performance guarantee not theretofore
released as forfeited to the City, to be used to bring about the completion
of the required improvements or other appropriate purposes in the
interest of the public safety, health and welfare; or
2.
Require the subdivider to submit an additional cash sum or letter
of credit sufficient to guarantee the completion of the required improvements
after recalculation in order to allow for any inflated or increased
costs of constructing improvements.
B.
If
the Director determines that forfeiture of the remaining performance
guarantee amount is not sufficient to permit completion of the required
improvements and if the subdivider fails to comply with the Director's
requirements under this Section, the Director may suspend the right
of anyone to build or construct on the undeveloped portion of the
subdivision. For the purpose of this paragraph, the "undeveloped
portion of the subdivision" shall mean all lots other than
lots which have been sold for personal use and occupancy or are under
bona fide contract for sale to any person for personal use or occupancy.
The Director shall give the subdivider ten (10) days' written notice
of an order under this Section and shall record an affidavit of such
notice with the office of the St. Louis County Recorder. If, within
the ten (10) day period after notice is given, the Director has not
determined by compelling evidence that completion of the improvements
is adequately assured, the Director shall order construction suspended
on the undeveloped portion of the subdivision. The order shall be
served upon the subdivider, with a copy to the Zoning Administrator
and a copy to the Building Official and a copy shall be recorded in
the office of the St. Louis County Recorder. Public notice of said
order shall be conspicuously and prominently posted by the Director
at the subdivision or lots subject to said order. The notice shall
contain the following minimum language, which may be supplemented
at the discretion of the Director:
1.
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF OLIVETTE DIRECTOR OF PUBLIC SERVICES. NO DEVELOPMENT,
CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE
WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY
OF OLIVETTE DIRECTOR OF PUBLIC SERVICES REMOVES THIS PROHIBITION.
ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER
WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED
PURSUANT TO THE CITY OF OLIVETTE MUNICIPAL CODE.
2.
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF OLIVETTE DIRECTOR OF PUBLIC SERVICES. NO DEVELOPMENT, CONSTRUCTION,
BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS
OF THIS LOT UNTIL SUCH TIME AS THE CITY OF OLIVETTE DIRECTOR OF PUBLIC
SERVICES REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION,
BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN
EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO THE CITY OF OLIVETTE
MUNICIPAL CODE.
|
|
The suspension shall be rescinded in whole or in part only when
the Director has determined that completion of the improvements is
adequately assured in all or an appropriate part of the subdivision.
|
[R.O. 2008 §240.115; Ord. No. 2175, 5-27-2003]
A.
In
any case where the establishment of common ground, street lighting,
drainage facilities (such as detention basins, drainage pipe and ditches)
or any other improvement requiring continuing maintenance, an indenture
providing for maintenance shall be recorded simultaneously with the
final subdivision plat.
B.
The
indenture shall provide that the common ground be used for the benefit,
use and enjoyment of the owners of lots, present and future; for the
proper maintenance and supervision by the trustees who are selected
to act in accordance with the terms of such indenture and the applicable
Sections of this Chapter, and that no owner shall have the right to
convey such owner's interest in the common ground except as an incident
of ownership of a platted lot.
C.
Common
ground shall be conveyed by the subdivider in fee simple title by
warranty deed to the subdivision association or trustees of the subdivision
association.
D.
Any
indenture required to be recorded or recorded for the purpose of compliance
with the provisions of this Chapter shall provide for not less than
the following representation of purchasers of developed lots as trustees
of the subdivision association:
[R.O. 2008 §240.120; Ord. No. 2175, 5-27-2003]
A.
So
long as there is a street not accepted by the City for maintenance
within any subdivision, no person shall sell or offer to sell or advertise
for sale any dwelling unit or non-residential property without disclosing
to each prospective purchaser such purchaser's responsibility with
respect to subdivision streets in the manner required by this Section.
For purposes of this Section, "prospective purchaser" includes any
person making inquiry of any responsible party with respect to purchase
of a lot or dwelling unit.
B.
The
requirements for disclosure under this Section shall be complied with
by any subdivider, development corporation, lender, title company,
real estate broker, corporation, agent, manager or management corporation
and each agent or employee of the foregoing to the extent of involvement
in marketing of property for sale.
