[CC 1997 §29.31; Ord.
No. 2725-96, 2-21-1996; Ord. No. 3591-04 §1, 11-17-2004]
A.
The
following provides a brief summary of the steps in applying for and
securing approval of any subdivision of land within the City.
B.
Multiple Petitions. When a proposed subdivision would require
that the tract or portion thereof be rezoned, a rezoning petition
shall be initiated by the applicant simultaneously with the application
for preliminary plat approval. If the proposed development involves
a subdivision of land, rezoning or special land use permit, all petitions
shall be initiated simultaneously except for Planned Districts.
[CC 1997 §29.32; Ord.
No. 2725-96, 2-21-1996; Ord. No. 3699-05 §5, 11-16-2005]
A.
Purpose And Intent. The preliminary procedure is intended
to provide sufficient information to allow the City staff to evaluate
the proposal as it relates to the physical characteristics of the
site and its relationship to the surrounding area. In addition, the
preliminary information is intended to provide sufficient information
to determine its compliance with the Municipal Code.
B.
General Requirements. The preliminary plat and preliminary
development plan shall be drawn at any scale, from one (1) inch equals
twenty (20) feet to one (1) inch equals one hundred (100) feet, in
increments of ten (10) feet, on one (1) or more sheets not less than
twenty-four (24) inches by thirty-six (36) inches or greater than
thirty-six (36) inches by forty-two (42) inches in size. A north arrow,
scale, date, sheet number, and revision date block shall be on each
sheet.
C.
Preliminary Record Plat Submittal Requirements. The plat
shall contain the following information:
1.
The name of the proposed subdivision, which shall be original and
not a duplication of the name of any previously recorded subdivision
or development in St. Louis County.
2.
A vicinity map showing the relationship of the tract to be subdivided
to the surrounding community. 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 map shall generally
locate arterial streets, highways, railroads, and any significant
landmarks which help to locate the subdivision tract.
4.
Outboundary of entire parcel and all lot lines.
5.
The area of each tract stated in the nearest tenth (0.1) of an acre
and the minimum square footage of proposed lots in square feet. Provide
written legal descriptions of the original tract and all proposed
lots therein, except that a legal description of the proposed lots
shall not be required for single-family and two-family lots within
the subdivisions.
6.
All easements, existing and proposed.
7.
The owners of record of land adjoining the area proposed to be subdivided.
8.
Certification of the boundary survey by registered land surveyor.
9.
Certification by owner(s) of property, notarized and corporate seal
(if applicable).
10.
Condominium subdivisions shall have the word "condominium" in their
title.
11.
The following City certification:
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I, _______________________, City Clerk within and for the City
of Hazelwood, Missouri, hereby certify that this plat has been approved
by the City Council of Hazelwood, Missouri, by Ordinance _______________________
adopted on the _______________________ day of _______________________,
___________
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D.
Preliminary Development Plan Submittal Requirements. The
plat shall contain the following information:
2.
Delineation and widths of proposed street rights-of-way, including
radii of curves, cul-de-sacs, and any additional rights-of-way along
existing streets as may be required by the City or other public entity
having jurisdiction, indicating all rights-of-way proposed for dedication
to the City or other public entity.
3.
Building setback lines, including side yard, rear yard, or other
required building setbacks associated with each proposed lot, in accordance
with the applicable zoning district classification.
4.
Identification and delineation of lots, streets, alleys, and easements
associated with all adjoining subdivisions, drawn to the same scale
in dashed or half-toned lines for a distance of one hundred fifty
(150) feet from the boundaries of tract proposed to be subdivided.
5.
Delineation of plat phases, if the subdivision is to be established
in phases.
6.
The present zoning classification(s) of the tract(s) to be subdivided,
the zoning of adjoining properties and the proposed zoning, if applicable.
8.
Proposed use of each lot within the proposed subdivision.
9.
Preliminary grading plan showing existing and proposed contour data
at not more than five (5) foot intervals. Contour data shall extend
one hundred fifty (150) feet beyond the limits of the subdivision
boundaries. USGS data is required.
10.
The location of all existing and proposed water mains, gas mains,
or other public utilities within the tract to be subdivided, including
delineation of easements or rights-of-way associated with same.
11.
Preliminary site drainage system designed in accordance with the
requirements of MSD and showing any proposed drainage swales, detention
or retention areas, storm sewer systems, culverts, and any other storm
drainage improvements, including any off-site improvements.
12.
Preliminary layout of the sanitary sewer collection system designed
in accordance with the requirements of MSD and showing routing, manhole
locations, lift stations, and any other pertinent sanitary sewer facilities
necessary to service the development.
13.
The delineation of FEMA designated floodplain and floodway boundaries,
if any.
14.
Any proposed alteration, adjustment, or change in the elevation of
any floodplain or floodway as designated on the FEMA floodplain and
floodway maps.
15.
Other significant natural features and man-made features such as
rock outcroppings, sinkholes, fill dirt and any other key natural
features of the site.
16.
The results of any tests made to ascertain subsurface conditions
and water table.
E.
Review Procedure.
1.
Submission by applicant. The applicant shall submit
two (2) copies of the preliminary plat, preliminary development plan
and any other information required by this Chapter to the Director.
2.
Staff review.
a.
Upon receipt of preliminary record plat, the preliminary development
plan and associated documents, the Director shall review the documents
to determine completeness of submission.
b.
The Director shall review the preliminary plat with respect to meeting the requirements of this Chapter, Chapter 405, Zoning Regulations, and other applicable City regulations. The Director, with the input of other City staff and fire protection authority, shall identify any deficiencies and site planning issues.
c.
The Director shall provide the applicant with a letter describing
deficiencies and a copy of the plans with review comments annotated
thereon.
[CC 1997 §29.33; Ord.
No. 2725-96, 2-21-1996; Ord. No. 3190-00 §1, 8-2-2000; Ord.
No. 3699-05 §§6—8, 11-16-2005; Ord. No. 4112-10 §1, 10-6-2010; Ord. No. 4138-11 §1, 4-6-2011]
A.
Petition
procedures are as follows:
1.
Submission by applicant. After complying with the
preliminary record plat review and preliminary development procedure,
the applicant shall submit the following documents:
a.
Two (2) notarized petitions for resubdivision. If
the petition is submitted by a party other than the record fee owner
of the property it must be accompanied by the fee owner's written
statement of consent to the filing.
b.
Forty (40) folded copies of the final record plat.
c.
One (1) reduced copy of the record plat on an eight and one-half
(8½) inch by eleven (11) inch sheet, suitable for copying.
e.
Proof of ownership, legal descriptions, indenture (if applicable),
and other documentation as required.
f.
Escrow agreement.
2.
Fee. At the time the plat is submitted to the City,
a fee is charged. A fee schedule is on file in the office of the Director.
Further, each petitioner shall make a deposit of five hundred dollars
($500.00) with the City to assure the expeditious processing of a
petition for Subdivision\Boundary Adjustment. A penalty of one hundred
dollars ($100.00) shall be deducted from deposit each time a delay
or postponement is caused by petitioner. The cost of recording and
reproduction of plat copies will also be taken out of deposit. All
money remaining in the deposit shall be refunded to the petitioner
after the Council takes its final action, either to approve or deny
the petition for Subdivision\Boundary Adjustment, and the Subdivision\Boundary
Adjustment is recorded.
3.
Staff review.
a.
Upon receipt of petitions and required documents, the Director shall
review the documents to determine acceptability for submission. If
the Director determines the submittal is complete, then the submittal
shall be stamped and forwarded to the City Manager for processing.
The City Manager shall then forward the petition to the City Clerk,
who shall place the petition on a Council agenda for referral to the
Commission.
b.
The Director, with the input of staff, shall review the record plat
to determine compliance with the staff findings on the preliminary
record plat and the requirements of this Chapter and the Municipal
Code.
4.
Commission.
a.
The Commission may hold a public hearing on the petition for record
plat approval. The Commission shall review the final plat and shall
make a determination as to whether or not the plat is in compliance
with all applicable City regulations. The Commission shall forward
its recommendation to the Council. Said recommendation for approval
or disapproval shall be accompanied by reasons for such action.
b.
The Commission shall take action on the final plat within sixty (60)
days of referral from the Council. Otherwise, the final plat shall
be deemed as recommended for approval by the Commission. If requested
by the Commission, the Council, with the consent of the applicant,
may extend this sixty (60) day period.
5.
Prerequisites to forwarding the petition to the Council. Prior to the Director forwarding the recommendation of the Commission
regarding the petition to the Council, the applicant shall provide
to the Director the following applicable documents:
a.
Certificate of clear title, prepared by a duly authorized title company
stating the signatures of all persons whose consent is necessary to
the preparation and recording of said plat and to the offer of dedication
or conveyance of any streets, rights-of-way, and/or common ground
shown on the plat.
b.
The subdivision trust indenture and warranty deed for common land
conveyance, approved as to form by the City Attorney.
c.
Written verification from the applicable fire protection authority
or authorities of the adequacy of water supply and approving the location
of all fire hydrants.
d.
Guarantee of installation of water mains from Missouri-American Water
Company.
e.
Verification of street names from the St. Louis County Department
of Revenue.
f.
Tax certificate or copy of paid tax bill for the property from the
St. Louis County Collector of Revenue.
g.
Verification that the subdivision name is not a duplicate of another
subdivision name in St. Louis County from the Recorder.
h.
Verification of payment of all applicable inspection fees.
i.
Letter from MSD certifying all fees have been paid.
j.
Escrow agreement, approved by the Director and the City Attorney.
k.
Improvement plans, approved by the Director.
6.
Council action. The City Clerk, upon receipt of
the Commission's recommendation, shall establish a date and time as
soon as practical for a public hearing before the Council. The Council
shall consider the Commission's recommendation on the petition. The
recommendations of the Commission shall not be binding on the Council
which may approve or disapprove the Commission's findings, provided
however, that the affirmative vote of six (6) members of the Council
shall be required to approve a subdivision contrary to the recommendation
of the Commission.
B.
Final Record Plat Submittal Requirements.
1.
Plat information requirements. The final plat shall
be drawn at any scale, from one (1) inch equals twenty (20) feet to
one (1) inch equals one hundred (100) feet, in increments of ten (10)
feet, on one (1) or more sheets not less than twenty-four (24) inches
by thirty-six (36) inches or greater than thirty-six (36) inches by
forty-two (42) inches in size, including a north arrow, scale, date,
sheet number and revision date block on each sheet. The original of
the final plat shall be drawn or photographically reproduced on mylar
drafting film. Pen or laser plots on mylar film may be accepted so
long as the image is permanent. All drafting on, and revisions to,
any original shall be clearly legible so the drawings are suitable
for microfilming or digital scanning. The plat shall contain the following
information:
a.
All information required on the preliminary plat (see Section 410.090(C)), and preliminary development plan (see Section 410.090(D)), except in its final form.
b.
All dimensions and bearings, both linear and angular, radii and arcs,
necessary for locating the boundaries of the subdivision, blocks,
lots, streets, alleys, easements, and any other areas for public or
private use. The linear dimensions shall be expressed in feet and
decimals of a foot.
c.
Accurate distances and directions to the nearest permanent survey
monument from which the survey was made.
e.
When lots are located on a curve or when side lot lines are at angles
(from the street right-of-way) other than ninety degrees (90°),
the width of lot along the chord of the front building setback line
shall be shown.
f.
Accurate delineation of any property designated for dedication for
public right-of-way (cross-hatched).
g.
The location of all easements, permanent and temporary, serving the
proposed subdivision.
h.
Names of streets.
i.
Identification system for all lots and blocks.
j.
Area in square feet for each lot or parcel, shown on the plat or
on a supplemental sheet.
k.
Zoning district classification, and zoning district boundary line
when the subdivision is located in more than one (1) district.
l.
Certification by a land surveyor, who performed the property survey,
to the effect that the plat represents a survey made by the surveyor,
and that said survey complies with this Chapter and the Standards
of Missouri Board for Architects, Professional Engineers and Land
Surveyors and Department of Natural Resources; that the plat is a
correct representation of all exterior boundaries of the land surveyed
and the subdivision of it; and that the location, size, and material
of all monuments, installed or to be installed, are correctly shown.
C.
Boundary Adjustments And Lot Line Consolidations.
1.
Purpose. The purpose of this Section is to allow
adjustments to lot lines, platted lots or other lawful parcels for
the purpose of adjusting size, frontages or configuration of buildable
lots; or consolidation or division of existing lots, subject to the
provisions contained in this Section.
2.
Boundary adjustment and lot line consolidation criteria. Boundary
adjustments and lot line consolidations must meet the following criteria:
a.
No additional lot shall be created by any boundary adjustment or
lot line consolidation.
b.
The resulting lot(s) shall not be reduced below the minimum sizes and dimensions required by Chapter 405: ZONING REGULATIONS.
c.
The boundary adjustment or lot line consolidation shall not increase
or decrease any original lot size by more than twenty percent (20%).
d.
Boundary adjustments or lot line consolidations shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of Chapter 405: ZONING REGULATIONS, provided that the resulting boundary adjustment and/or lot line consolidation does not increase the degree of non-compliance.
e.
Petitioners seeking a boundary adjustment or lot line consolidation
shall provide written consent from all affected property owners (see
Script 4).
3.
Fee.
a.
At the time the plat is submitted to the City, a fee is charged. A fee schedule is on file in the office of the Director. This fee shall be paid to cover administrative costs incidental to the review, signing and reproduction of plat copies. In addition, each petitioner shall make a deposit. Said deposit is referenced on the fee schedule on file in the office of the Director. This deposit is to assure expeditious processing of the petition in accordance with provisions set forth in paragraph (C) of Section 405.100: Fees of Chapter 405: Zoning Regulations.
4.
Procedure.
a.
Plats for boundary adjustments or lot line consolidations shall be
prepared by a surveyor licensed in the State of Missouri and shall
include an adequate legal description of the boundaries of the original
lot(s) and the adjusted lot(s).
b.
Boundary adjustment or lot line consolidation plat(s) shall be submitted to the City Clerk and Director of Public Works for review. Submitted plats shall meet all requirements of Chapter 410: SUBDIVISIONS, STREETS AND LAND DEVELOPMENT.
c.
The City Clerk and Director of Public Works are authorized to approve
plats prior to recording with the St. Louis County Recorder of Deeds
(see Scripts 1, 2 and 3). The City shall require no further approval.
d.
The City Clerk and/or Director of Public Works shall contact the
petitioner in writing on the day of plat approval and provide a deadline
for submission of an executed final plat.
e.
Failure to submit an executed final plat within thirty (30) days
of approval by the City Clerk and Director of Public Works shall result
in a penalty of one hundred dollars ($100.00). For every subsequent
thirty (30) day delay on the part of the petitioner, an additional
one hundred dollars ($100.00) will be assessed.
f.
The petitioner shall pay the cost of recording Boundary Adjustments
and Lot Line Consolidations with the St. Louis County Recorder of
Deeds and a fee of fifty dollars ($50.00) to the City to cover the
cost of processing and recording.
g.
All money remaining in the deposit shall be refunded to the petitioner
after recording of the plat.
5.
Scripts.
a.
Script 1.
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This plat has been reviewed and it is determined that it is in accordance with Section 410.100: PETITION PROCEDURES, of Chapter 410: SUBDIVISIONS, STREETS AND LAND DEVELOPMENT, of the Hazelwood City Code, and has been approved by the Department of Public Works. The purpose of this plat is to adjust the boundary between adjacent tracts of land. No additional lots are created.
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_____________________________________________
(Printed Name) (Date)
Director of Public Works
City of Hazelwood, Missouri
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b.
Script 2.
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This plat has been reviewed and it is determined that it is in accordance with Section 410.100: PETITION PROCEDURES, of Chapter 410: SUBDIVISIONS, STREETS AND LAND DEVELOPMENT, of the Hazelwood City Code, and has been approved by the Department of Public Works. The purpose of this plat is to consolidate the boundary between adjacent tracts of land. No additional lots are created.
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_____________________________________________
(Printed Name) (Date)
Director of Public Works
City of Hazelwood, Missouri
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c.
Script 3.
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I,______________ , City Clerk within and for the City of Hazelwood,
Missouri, hereby certify that this plat has been approved on the _____
day of ___________,_______ .
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_____________________________________________
(Printed Name) (Date)
City Clerk
City of Hazelwood, Missouri
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d.
Script 4.
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The undersigned property owner(s) of the tract(s) of land described
herein in the above Surveyor's Certificate have caused the same to
be subdivided in the manner shown and said plat(s) shall be hereafter
known as __________________________ Subdivision.
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IN WITNESS WHEREOF, we have signed the foregoing this_____ day
of ___________,_______ .
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_________________
(Signature)
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_________________
(Signature)
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_________________
(Printed Name)
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_________________
(Printed Name)
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(Additional signature blocks will be included, if necessary)
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[CC 1997 §29.34; Ord.
No. 2725-96, 2-21-1996; Ord. No. 3699-05 §§9—12, 11-16-2005]
A.
Approval By Other Agencies. It shall be the applicant's responsibility to obtain any required approvals from public agencies and utility companies having jurisdiction or authority in accordance with Subsection (B)(3)(b).
B.
Improvement Plan Submittal Requirements.
1.
Preparation of plans. All engineering related plans
and specifications shall be prepared, signed, and sealed by an engineer.
Landscape plans shall be prepared by a landscape architect.
2.
Improvement plan drawings. Except as otherwise required,
the 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 increments of ten (10) feet, on one (1) or more sheets not
greater than twenty-four (24) by thirty-six (36) inches in size and
shall include a north arrow, contours, scale, date, sheet number and
revision date block on each sheet.
The improvement plans shall contain the following information:
a.
Title page and index. The title page shall include
the proposed name of the subdivision and show the name, address, and
telephone number of the developer and the engineering/landscape design
firm(s) who prepared the plans. An index of sheets within the plan
set shall also be provided, and may be placed on the title page.
b.
Key map. If the subdivision is to be built in phases,
provide a key map of the tract, showing the general layout of the
entire subdivision with the applicable phase highlighted.
c.
Street and utility plans.
(1)
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.
(2)
Streets and sidewalks. Typical street cross-sections
shall be shown with complete dimensions and construction information.
Street profiles shall be provided, showing existing and proposed elevations
at fifty (50) foot intervals on the centerline.
(3)
Sanitary sewers. 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.
(4)
Water distribution. Water distribution plans
shall show the alignment of all water mains, location of fire hydrants,
and proposed easement locations and dimensions. Specific drawing information
shall be in accordance with the fire protection authority and Missouri-American
Water Company requirements.
(5)
Storm drainage plans. 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.
(6)
Lighting plans. Show the location of proposed
street lights and indicate the type of light standards, fixtures,
and the rated output (lumens) of the light sources.
(7)
Other utility plans. Show proposed easement
locations and dimensions for any other utilities. 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.
d.
Grading, storm drainage and erosion control plans.
(1)
Grading and excavation plans. Existing and
proposed contours shall be shown at intervals of not more than two
(2) feet. 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. USGS
datum shall be used with one (1) or more bench marks shown, in or
near the subdivision, to which the subdivision is referenced. Retaining
wall locations and details shall also be included with this set of
plans.
(2)
Erosion/siltation control plans. Erosion control plans shall include details of temporary and long-term soil stabilization measures to be taken as required in Section 410.290 of this Chapter and by MSD as applicable to storm drainage facilities.
(3)
Land disturbance permit required. If construction
activities disturb land or entail the grading of an area one (1) acre
or greater, a land disturbance permit shall be obtained by the petitioner
from the DNR. Under such circumstances, no improvement construction
permit shall be issued by the Director until the applicant provides
evidence that the DNR land disturbance permit has been issued.
3.
Supplemental information requirements.
a.
Cost estimates. Provide cost estimates for all site
preparation and construction of improvements, in sufficient detail
for verification and approval by the Director. Identify 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).
b.
Evidence of review by others. Provide written statements
from (or correspondence from the developer) to the following agencies
indicating that the improvement plans for the subdivision plat have
been submitted for determination of compliance with their respective
rules and standards:
(1)
Metropolitan St. Louis Sewer District;
(2)
Missouri Department of Transportation (MODOT), if access to
the development is to be from a State highway;
(3)
St. Louis County Department of Highways and Traffic, if access
to the development is to be from a County arterial road;
(4)
The applicable fire protection authority or authorities;
(5)
Missouri Department of Natural Resources;
(6)
U.S. Army Corps of Engineers; and
(7)
Other agencies having review authority over any element of the
proposed development.
C.
Improvement Plans Review Procedure.
1.
Submission by applicant. The applicant shall submit four (4) copies of the improvement plans and other information required by Section 410.110 to the Director. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies.
2.
Staff review. The Director, with the input of other
City staff, shall review the improvement plans and shall:
3.
Evidence of approval by other agencies or utilities. The applicant shall provide evidence to the Director of the approval,
or agreement to install improvements, from all applicable reviewing
agencies/utility companies, including payment of any required inspection
fees.
4.
Approval. Upon determination by the Director that
the improvement plans satisfy the requirements of this Chapter, the
said improvement plans shall be stamped approved and dated.
[CC 1997 §29.35; Ord.
No. 2725-96, 2-21-1996]
After the first (1st) reading of the bill on the record plat,
the petitioner shall arrange for the execution of the certifications
and all applicable seals of the record plat, other than that of the
City Clerk, and provide such executed mylar to the City Clerk who
will then place the bill on the next Council agenda for final consideration.
After final reading and passage of the bill, the City Clerk shall
sign the certification and have the record plat and other associated
documents recorded by the Recorder. One (1) copy each of the recorded
plat and associated documents shall be retained in the City Clerk's
office, and provided to the Department of Public Works and the owner(s)
of the tract being subdivided.
[CC 1997 §29.36; Ord.
No. 2725-96, 2-21-1996]
Approval of a record plat does not constitute acceptance by
the City for the maintenance of any streets, sidewalks, parks or other
public facilities shown on the plat to be dedicated to the City. Such
acceptance shall not occur until such time as the Director determines
the public improvements have been completed in accordance with the
Municipal Code.
[CC 1997 §29.37; Ord.
No. 2725-96, 2-21-1996]
The applicant may, at any time, withdraw a petition for record plat approval from consideration. Said withdrawal shall be made in writing to the Director or in a public meeting before the Commission or the Council. If the applicant desires to resubmit said plat, or modified version thereof, at a later date, then the entire review and approval procedure required by this Article IV shall apply. Withdrawal of an application for preliminary plat approval shall not entitle the applicant to a refund of any required fee or deposit, nor shall any fee or deposit paid be credited to a future application for record plat approval, except as provided for in the Code.
[CC 1997 §29.38; Ord.
No. 2725-96, 2-21-1996]
A.
Approval
of the improvement plans shall be valid for a period of two (2) years
from the date of approval unless an extension is granted by the Council.
Any request for an extension shall be filed in writing with the Director
prior to the expiration of the approval. In granting an extension,
the Council may require an increase in the escrow deposit to account
for inflation or other factors affecting the cost of improvements.
B.
Failure To Complete Improvements. The obligation of the
developer to construct, complete and install the required improvements
shall not cease until the developer shall be finally released. If,
after the improvement completion period, the required improvements
are not constructed, completed, installed, or if the developer shall
violate any provisions of the escrow agreement as determined by the
Director, the Director shall notify the developer of default and take
any one (1) or more of the following actions:
1.
Deem the existing balance under the escrow agreement 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, to abate or eliminate
nuisances on the property or institute long-term erosion control.
2.
Require the developer to submit an additional escrow amount to guarantee
the completion of the required improvements after recalculation, and
confirmation thereof by the Director, in order to allow for any inflated
or increased costs of constructing improvements. An amended escrow
agreement shall be executed.
3.
Require the developer to suspend construction or development activity
on the property as necessary to protect public health, safety and
welfare and assure compliance with the requirements of this Chapter.
[CC 1997 §29.39; Ord.
No. 2725-96, 2-21-1996; Ord. No. 3699-05 §§13—15, 11-16-2005; Ord.
No. 4739-20, 2-19-2020]
A.
Cash
Or Letter Of Credit Escrow Or Bond Required.
1.
After the improvement plans have been approved and all inspection fees paid, but before approval of the final subdivision plat, the developer shall guarantee completion of improvements and the Council shall accept, at the option of the developer, an escrow secured with cash or an irrevocable letter of credit deposited with the Director. As a third alternative, the City Manager may accept, in his/her sole discretion, a surety bond in an amount and upon other reasonable conditions that provide for and secure the actual construction and installation of improvements and utilities for the period of time specified in Section 410.150 of this Chapter and expressed in the bond. If cash or a letter of credit escrow is elected by the developer, then an escrow agreement shall be made on forms provided by the City to guarantee the construction, installation and completion of the subdivision improvements in accordance with the City approved cost estimate. Each cash or letter of credit escrow shall be held by a bank acceptable to the City Manager or his/her designee.
2.
Each escrow, letter of credit or bond amount shall not be less than
the estimate of the cost of the construction, completion and installation
of the improvements indicated on City-approved improvement plans and
said amount shall be subject to approval by the Director.
3.
Certain escrow, letter of credit or bond amounts may be waived, provided
the developer submits evidence from other public agencies and/or utility
companies confirming their financial requirements for assurance of
completion have been satisfied. Any such waiver shall be subject to
the approval of the Director and the City Manager.
B.
Release/Reduction
Of Escrow, Letter Of Credit Or Bond. Partial releases of a cash escrow,
letter of credit or bond may occur from time to time, as work on constructing
improvements is performed; provided, however, that:
1.
Release/Reduction. Upon completion of required improvements, or portions
thereof, the developer shall furnish to the Director, a certificate
of completion by a professional engineer registered in Missouri and
engaged to verify the installation and completion of said improvements.
Within twenty (20) business days after receipt of said certification,
the Director shall review and verify the information and, if satisfactory,
forward the certification to the City Manager. The holder of the cash
escrow, letter of credit or bond shall only release or disburse portions
of the escrow, letter of credit or bond within thirty (30) days of
verification of completion of each category of improvement or utility
work to be installed, minus a maximum retention of five percent (5%)
which shall be released upon completion of all improvements and utility
work as set forth in a written notice from the City Manager, or his/her
designee, addressed to the holder of the escrow, letter of credit
or bond. Until all required work is completed as inspected and verified
by the Director, the City Manager shall not release or reduce more
than ninety-five percent (95%) of the escrow, letter of credit or
bond amount for each category of improvement.
2.
Maintenance Guarantee. The developer shall be responsible for defects, deficiencies and damage to required improvements during development of the subdivision. The remaining five percent (5%) of the escrow, letter of credit or bond amount shall constitute the maintenance guarantee, which shall be used by the Director to defray or reimburse any cost to the City for maintenance or repair of such improvements that the developer fails or refuses to perform as directed in writing within a reasonable time. Escrow or letter of credit funds or bond amounts shall be so held until such time as the development is complete, as determined by the Director. Subject to Subsection (B)(3) below, funds shall then be released if there are no defects or deficiencies found on inspection thereof, or at such time thereafter as any defects or deficiencies are cured, as determined by the Director, and with the written authorization of the City Manager.
3.
As-Built Drawings. After all required improvements and utility work
have been installed, but before final approval or acceptance, the
developer shall submit to the Director as-built drawings of the improvements
and utilities installed. The City Manager shall not release the final
five percent (5%) of the escrow, letter of credit or bond amounts
until the Director confirms that the as-built drawings have been received
in a form acceptable to the Director.
[CC 1997 §29.40; Ord.
No. 2725-96, 2-21-1996]
A.
Subdivision Indenture.
1.
When common land and/or facilities established and not accepted by
the City for maintenance are established, a subdivision indenture
providing for private maintenance shall be recorded simultaneously
with the final plat.
2.
The subdivision indenture shall provide that the common land be used
for the benefit, use, and enjoyment of the lot owners, 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 land
except as an incident of ownership of a platted lot.
3.
Common land shall be conveyed in fee simple absolute title by warranty
deed to the subdivision association.
4.
Any subdivision indenture required by this Chapter shall provide
for not less than the following representation of purchasers of developed
lots as trustees:
a.
One-third (1/3) of the trustees or officers shall be chosen by purchasers
of developed lots after fifty percent (50%) of the lots have been
sold;
b.
Two-thirds (2/3) of the trustees shall be chosen by purchasers of
developed lots after seventy-five percent (75%) of the lots have been
sold;
c.
All of the association trustees shall be chosen by purchasers of
developed lots after ninety percent (90%) of the lots have been sold.
5.
The term of the indenture shall be for the duration of the subdivision.
6.
Each subdivision indenture shall be approved, as to form, by the
City Attorney. The subdivision indenture shall be approved by the
Council prior to adoption of an ordinance approving the subdivision
and shall then be filed by the City Clerk with the Recorder.
B.
Responsibility For Maintenance Of Improvements. The developer
is responsible for maintenance of all public improvements until such
time as they are accepted by the City or appropriate maintenance jurisdiction.
[CC 1997 §29.41; Ord.
No. 2725-96, 2-21-1996]
A.
The
purpose of this Section is to provide additional requirements to those
set forth in the condominium property act. In addition, this Section
is enacted to provide for the health, safety and general welfare of
this community and its citizens. The availability in the City of adequate
units, both residential and non-residential, is of concern to the
City and its citizens.
B.
Any
person desiring to convert land or buildings into a condominium shall
prepare a record plat and application and the same shall be submitted
to the Council for forwarding to the Commission. The Commission shall
review the same as any other subdivision and their recommendation
shall be forwarded to the Council for final action.
C.
No
sale of a unit shall be made until the record plat is approved, and
no record plat shall be approved unless there is compliance with the
following:
1.
The common elements shall be in compliance with the current ordinances
of the City.
2.
Each condominium shall comply with the regulations for the zoning
district in which it is located.
3.
Smoke detectors shall be installed in each unit as required by the
Fire Marshal, and in accordance with Building Code requirements for
new construction.
4.
All units shall be provided with separate gas and electric meters.
5.
Separate shut-off valves shall be installed on the hot and cold water
supply lines at each plumbing fixture. Separate shut-off valves shall
be installed on gas lines adjacent to each furnace, water heater and
other gas appliance.
6.
The condominium declaration and bylaws shall include a clear and
understandable statement governing the responsibilities for maintaining
all common areas.
7.
All condominium associations shall be responsible for traffic and
parking control, snow removal, sewers, water lines and lighting of
the common areas. Non-residential condominiums shall be required to
provide cross maintenance and parking agreements. The City shall have
the right of easement to enter such common areas for the purpose of
emergency for fire, Police, and enforcement of its Code and the plat
shall so provide. Such common areas shall remain the property of the
condominium and the City shall not accept a dedication of these elements
or the responsibility of maintenance.
8.
Buildings converted to condominiums shall be considered new dwellings
and occupancy permits shall be required prior to the original occupancy
of each condominium unit.
9.
Any condominium conversion shall be completed within twelve (12)
months from the date of approval by the City and, if not so completed,
a hearing shall be held to determine whether an extension shall be
granted.
10.
All construction, including fire and party walls, shall be in compliance
with the Fire Code of the applicable fire protection authority and
Building Codes of the City.
11.
All property on which a condominium is constructed shall be of the
same zoning.
D.
For The Protection Of The Parties.
1.
The developer of a conversion condominium shall give each of the
tenants in possession of units subject to this Section, written notice
by certified mail of intent to convert when such petition is filed
with the City. Proof of such notice must be furnished to the City
Clerk prior to the hearing by the Council.
2.
Upon approval of the condominium conversion by the Council, each
tenant shall be offered the first (1st) right to purchase his unit
at a cost no higher than the published offering price for such units.
This offer shall be held open for ninety (90) days. Refusal of the
developer's offer, or inaction by the tenant during the said period
shall constitute a waiver of the tenant's right of first (1st) purchase.
Any and all leases with any tenant shall not be terminated or affected
by reason of the conversion hereof, unless by mutual consent of the
developer and tenant.
3.
Nothing in this Section prohibits termination of a lease by either
party if the terms of the lease have been violated.
E.
If
any Subsection, paragraph, sentence, clause or phrase of this Section
should be declared invalid for any reason whatsoever, such decision
shall not effect the remaining portions of this Section, which shall
remain in full force and effect, and to this end the provisions of
this Section of the Code are hereby declared to be severable.
