[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.
1. 
Step 1. Submittal of preliminary record plat and preliminary development plan (staff review only).
2. 
Step 2. Petitions, record plat, trust indenture, improvement plans and escrow.
3. 
Step 3. Recording of record plat and indenture.
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.
3. 
The following names shall be shown on the plat drawings:
a. 
The record owner or owners of the tract;
b. 
Applicant proposing the subdivision, if different than the record owner; and
c. 
The engineer who prepared the plat.
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:
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 _______________________, ___________
D. 
Preliminary Development Plan Submittal Requirements. The plat shall contain the following information:
1. 
Dimensions of:
a. 
The tract to be subdivided;
b. 
Typical minimum size of proposed lots; and
c. 
Proposed common open space.
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.
7. 
Identification and delineation of any buffer areas required by Chapter 405, Zoning Regulations.
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.
17. 
Sound study and preliminary noise attenuation measures that are proposed to be made in accordance with the requirements of Article V, Section 410.320, of this Chapter.
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.
d. 
Improvement plans as required under Section 410.110.
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.
d. 
Location and description of all survey monuments and bench marks. (see Section 410.330)
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.
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.
_____________________________________________
(Printed Name)                                                (Date)
Director of Public Works
City of Hazelwood, Missouri
b. 
Script 2.
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.
_____________________________________________
(Printed Name)                                                (Date)
Director of Public Works
City of Hazelwood, Missouri
c. 
Script 3.
I,______________ , City Clerk within and for the City of Hazelwood, Missouri, hereby certify that this plat has been approved on the _____ day of ___________,_______ .
_____________________________________________
(Printed Name)                                                (Date)
City Clerk
City of Hazelwood, Missouri
d. 
Script 4.
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.
IN WITNESS WHEREOF, we have signed the foregoing this_____ day of ___________,_______ .
_________________
(Signature)
_________________
(Signature)
_________________
(Printed Name)
_________________
(Printed Name)
(Additional signature blocks will be included, if necessary)
[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.
e. 
Landscape plans. Landscape plans shall be submitted in accordance with the requirements of Article V, Section 410.280, of this Chapter.
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:
a. 
Determine compliance with the preliminary record plat review comments, if applicable, and compliance with the requirements of this Chapter, and other applicable City regulations; and
b. 
Verify accuracy of information provided, including cost estimates.
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.