[R.O. 2009 § 16.36.010; Prior Code § 10-202(a)]
Any owner or any other person having the control and management
of any tract of land, who lays out the same into lots or blocks as
and for an addition to the City, shall, before filing the plat of
the same for record in the office of the Recorder of Deeds of Scott
or New Madrid County, Missouri, submit such plat to the City Council
for approval and acceptance.
[R.O. 2009 § 16.36.020; Prior Code § 10-202(b)]
If any party files in the office of the Recorder of Deeds of
Scott or New Madrid County any plat of any proposed addition to the
City without first submitting the same to the City Council for approval
and acceptance or having submitted such plat it is disapproved by
the Council, such person shall not be entitled to receive any compensation
or damages on account of the opening and establishing of any street,
lane or alley in or through such addition.
[R.O. 2009 § 16.36.030; Ord. No.
4036 § 3(D)(part), 1979]
Within forty-five (45) days following the approval of the final
subdivision plat, the subdivider shall file the plat in the office
of the Recorder of Deeds of Scott or New Madrid County or notify the
City Council in writing of the abandonment of the subdivision. All
approvals of final subdivision plats not recorded within forty-five
(45) days as specified in this Chapter shall be void; provided however,
that the period of recording the plat may be extended by resolution
of the City Council so long as the request for such extension is presented
to the City Council in writing prior to the expiration of the forty-five
(45) day period after the final approval of the plat. The final plat
shall not be recorded until it has been approved by the City Council
and has been signed by the City Council and has been signed by Mayor
and Chairman of the Planning and Zoning Commission. The final subdivision
plat will not be approved by the City Council of the City, until the
provisions of this Chapter, as applicable, have been satisfied.
[R.O. 2009 § 16.36.040; Ord. No.
4036 § 3(D)(1), 1979]
Prior to final plat approval, the subdivider shall complete,
in a manner satisfactory to the City Engineer, all improvements required
in this Chapter specified in the final subdivision plat and as approved
by the City Council and shall dedicate same to the City in accordance
with this Chapter. Final plat approval shall not be granted until
the dedication of said improvements has been accepted by the City.
[R.O. 2009 § 16.36.050; Ord. No.
4036 § 3(D)(2), 1979]
Where a subdivision is to be developed in several sections,
the City Council may, at its discretion, waive completion of improvements,
letter of credit or surety bond as set out in this Chapter on the
initial sections; provided that such initial sections may not be larger
than fifty (50) lots or seventy-five percent (75%) of the total number
of lots in the subdivision, whichever is less. The City Council shall
grant final plat approval to only one (1) section at a time, with
the plat approval for each succeeding section being contingent upon
completion of all improvements in each preceding section and acceptance
of those improvements in accordance with this Chapter. Completion
of improvements in the final section of the subdivision, which includes
at least twenty-five (25) lots or twenty-five percent (25%) of the
total number of lots in the subdivision, whichever is less, must be
installed prior to final plat approval or satisfactory compliance
with the provisions in these sections relating to a letter of credit,
a surety bond or a cash escrow.
[R.O. 2009 § 16.36.060; Ord. No.
4036 § 3(D)(3), 1979]
A.
The subdivider
may provide, in lieu of the completion of improvements in the whole
subdivision or the last sequential portion of the subdivision as above
set out, from a bank or other reputable institution or individual
subject to the approval of the City a letter of credit. This letter
shall be deposited with the City and shall certify the following:
1.
The
credit does guarantee funds in an amount equal to the cost, as estimated
by the subdivider and approved by the City Engineer, of completing
all required improvements;
2.
In the
case of failure on the part of the subdivider to complete the specified
improvements within the required time period, the creditor shall pay
the City, immediately and without further action, such funds as are
necessary to finance the completion of those improvements, up to the
limit of credit stated in the letter;
3.
This
letter of credit may not be withdrawn or reduced in amount until released
by the City.
[R.O. 2009 § 16.36.070; Ord. No.
4036 § 3(D)(4), 1979]
The subdivider may provide in lieu of the completion of improvements
in the whole subdivision or the last sequential portion of the subdivision
as above set out and in lieu of the letter of credit as above set
out a surety bond from a surety bonding company authorized to do business
in the State. The bond shall be payable to the City and shall be in
an amount sufficient to cover the entire cost, as estimated by subdivider
and approved by the City Engineer, of installing all contracted improvements.
The duration of the bond shall be until such time as the improvements
are accepted by the City in accordance with this Chapter.
[R.O. 2009 § 16.36.080; Ord. No.
4036 § 3(D)(5)(part), 1979]
The subdivider may provide in lieu of the completion of improvements in the whole subdivision or the last sequential portion of the subdivision, as above set out, in lieu of the letter of credit or surety performance bond, as above set out, a deposit with the City of cash in the amount of the estimated cost of the improvements in the subdivision or the last sequential portion of the subdivision as follows in Sections 415.650 through 415.680.
[R.O. 2009 § 16.36.090; Ord. No.
4036 § 3(D)(5)(a), 1979]
The developer shall prepare a cost estimate of the improvements
to be made in the subdivision and submit the estimate to the City
Engineer for approval, which estimate shall show the pro rata cost
of the improvements per lot in the subdivision. Should the subdivider
sell or convey a lot or any lots in the subdivision prior to the completion
and approval of all improvements in the subdivision, the subdivider
shall deposit, in cash, with the City the per lot pro rata share of
the estimate of the improvements to be made in the subdivision. The
deposit shall be made prior to the sale or conveyance of any of the
lots.
[R.O. 2009 § 16.36.100; Ord. No.
4036 § 3(D)(5)(b), 1979]
The cash funds shall be deposited in a federally insured financial institution selected by the subdivider and maintained under a separate account in the joint name of the subdivider and the City and requiring, except in case of default by subdivider as set out in Section 415.680, the joint signature of the City and the subdivider for withdrawal. Any interest accruing on the account shall be paid to the subdivider upon completion of all improvements.
[R.O. 2009 § 16.36.110; Ord. No.
4036 § 3 (D)(5)(c), 1979]
The cash/monies so deposited will be returned to the subdivider
upon completion of and approval of the improvements in the subdivision
by the appropriate City Officials. The return and release of the escrow
funds shall be made upon completion of and approval of the improvements
regarding the particular lot or lots which the cash deposit was made.
[R.O. 2009 § 16.36.120; Ord. No.
4036 § 3(D)(5)(d), 1979]
Should the subdivider default in the completion of the improvements
for which the cash deposit was made, the funds shall immediately be
due and payable to the City and the subdivider shall have no further
right to the funds.
[R.O. 2009 § 16.36.130; Ord. No.
4036 § 3(D)(6), 1979]
No building permit will be issued by the City to any person desiring to build upon any lot in the City, which lot was approved under the provisions of this Chapter unless and until all of the procedures necessitated by this Chapter have been complied with by the subdivider including, but not limited to, Sections 415.600 through 415.680 and the approved plat and any associated covenants and restrictions have been recorded in the appropriate County.
