[R.O. 2011 § 405.060; Ord. No.
1161 § 1, 11-18-2013]
A.
Preliminary Plat.
1.
The developer shall file ten (10) copies of the drawings, as
well as one (1) eleven-inch-by-seventeen-inch copy of the drawings,
with the Administrative Official. Unless otherwise required by the
City, the preliminary plat shall be submitted on a twenty-four-inch-by-thirty-six-inch
or thirty-inch-by-forty-two-inch format in a scale of one (1) inch
equals one hundred (100) feet. The Administrative Official shall transmit
copies of the plat to the following departments and agencies:
2.
The following items shall be either shown on or accompany the
preliminary plat:
a.
Proposed name of the subdivision.
b.
Location map, with names of abutting property owners of each
lot adjacent to the area to be subdivided and their projected property
lines where they intersect the boundary of the subdivision.
c.
Names and addresses of the owner, subdivider and the surveyor
who prepared the plat.
d.
Sanitary sewage disposal method.
e.
Stormwater management.
f.
Existing and proposed street right-of-way and pavements, including
any proposed dedication strips for widening existing streets; approximate
gradients, types and width of pavements; location of curbs, sidewalks,
walkways, planting strips; and other pertinent data.
g.
Layout of lots, showing approximate dimensions and number.
h.
Easements, existing and proposed, showing locations, widths
and purposes.
i.
Building setback lines for front, side and rear of each lot.
j.
Location and size of nearest water main and fire hydrant, storm
sewer, sanitary sewer and other utilities.
k.
Location, type and approximate size of utilities to be installed.
l.
Tract boundary lines showing dimensions, bearings, angles and
references to known land lines and monuments.
m.
Topography of the tract, existing and proposed, shown in contours
at vertical intervals of five (5) feet if the general slope of the
site is less than ten percent (10%) and at vertical intervals of ten
(10) feet if the general slope is ten percent (10%) or greater. (USGS
data will be acceptable.)
n.
Tree masses.
o.
Location of existing structures.
p.
Zoning district classification of subject site and adjacent
parcels.
q.
Scale, North arrow and date.
r.
Grading plans.
B.
Final Plat.
1.
The final plat shall include the information approved on the
preliminary plat and be prepared by a land surveyor registered to
practice in the State of Missouri. Unless otherwise required by the
City, the final plat shall be submitted on a twenty-four-inch-by-thirty-six-inch
or thirty-inch-by-forty-two-inch format in a scale of one (1) inch
equals one hundred (100) feet on one (1) or more sheets. If more than
one (1) sheet is required, a key map shall be provided on Sheet No.
1 showing the entire subdivision at reduced scale. The developer shall
file ten (10) copies of the final plat and all other required documentation,
as well as one (1) eleven-inch-by-seventeen-inch copy of the drawings,
with the Administrative Official.
2.
The final plat shall contain the following information:
a.
Boundary lines, width dimensions and bearings or angles that
provide an accurate survey of the tract. The correct legal description
of the property subdivided shall be shown on the plat or on an accompanying
certificate.
b.
Subdivision title or name, North arrow, scale and date.
c.
Certificate of registered land surveyor covering execution of
survey and preparation of subdivision plat.
d.
Certificate of the owner creating the subdivision, dedicating
all street rights-of-way, dedicating all public areas with statement
of the use or uses for which dedicated, granting easements with statement
of the use or uses for which granted, establishing building lines.
e.
Certificates of all owners and holders of deeds of trust on
the plat as prepared releasing from the lien created by said deeds
of trust all land dedicated to public use on the plat.
f.
A summary of the improvement plans showing the locations, appearance
and explanation of the adequacy of the improvements, including a one-page
letter summarizing the stormwater management plan submitted with the
plans and profiles of the storm and sanitary sewers.
g.
The lines of existing adjoining property and of adjoining streets
and alleys with their widths and the names of all streets.
h.
The lines of all proposed streets and alleys with their widths
and the line of departure of one street from another as well as the
names of all streets.
i.
Any portions of the property to be dedicated or granted for
public use.
j.
The locations of all easements for public use, services or utilities.
k.
All lots designated by numbers.
l.
All dimensions, linear and angular, necessary for locating the
boundaries of the subdivision, the lots, streets, alleys, easements
and other features. [Dimension shall be given to the nearest one one
hundredth (0.01) of a foot.]
m.
The radii, arcs or chords, points of tangency and central angles
for all curvilinear streets and the radii for rounded corners.
n.
The locations and descriptions of all survey monuments, which
monuments shall be placed at all subdivision boundary corners, at
the centers of all street intersections and at the points of tangency
and of curvature of all curves.
o.
Any private restrictions and covenants and their effective periods.
(In lieu of their lettering on the plat, these may be handled by separate
instrument with reference thereto on the plat.)
p.
Calculations showing the error of linear closure to be no greater
than one (1) in five thousand (5,000).
q.
Acknowledgment of the owner or owners to the plat and restrictions,
including dedication to public use of all streets, alleys, parks or
other open spaces shown thereon and the granting of the easements.
r.
A receipt or certificate showing that there are no unpaid taxes
or assessments upon any part of the area within the subdivision.
s.
Certificate of approval by the Board for endorsement by the
Mayor and City Clerk.
C.
Improvement Plans. Subsequent to approval of the preliminary plat, but prior to submission of the final plat, the subdivider shall file detailed improvement plans with the City Clerk showing the locations, appearance and explanation of the adequacy of the improvements as requested by Article IV herein. The plans and specifications must be submitted to and approved by the Department of Public Works and reviewed by the Planning and Zoning Commission prior to their submission to the Board of Aldermen with the final plat. When necessary, drainage calculations submitted with the detailed improvement plans will be sent to an outside engineering firm of the City's choice for review.
D.
Performance Guarantee. A performance guarantee or bond shall be posted
by the subdivider with the City Clerk upon final plat approval. Such
performance guarantee or bond shall be in an amount approved by the
City as equal to the estimated construction of all improvements intended
to be dedicated to the City for maintenance and operation. The developer
shall submit a detailed engineer's estimate to the City for review
and approval. The estimate shall include quantities of each individual
work item and an estimated unit price. The performance guarantee or
bond shall be in the amount of the final estimate as approved by the
City. The developer shall complete the improvements in accordance
with the approved improvement plans under the observation and inspection
of the City or the City's designated official. Performance of work
necessary to complete construction and installation of the required
improvements to be dedicated to the City shall be within two (2) years
of the date of approval of the final plat, unless such time is extended
by written mutual consent of the subdivider and the City. If such
improvements are not satisfactorily installed within the time constraints
imposed herein, then such guarantee or bond shall be forfeited by
the subdivider, and the surety shall be used to complete and/or install
such improvements in accordance with the requirements specified herein.
1.
Performance Guarantee Options. Performance guarantees required
by this Section shall be in conjunction with a deposit agreement and
may be in the form of cash or letter of credit as follows:
a.
Cash deposited with the City Clerk to be held in an interest-bearing
account dedicated for that purpose with all interest accruing to the
City to offset administrative and other costs of maintaining the cash
deposits;
b.
An irrevocable letter of credit drawn on a local financial institution
acceptable to and in a form approved by the City Attorney. The instrument
may not be drawn on any financial institution with whom the developer
or a related entity has any ownership interest or with whom there
is any joint financial connection that creates any actual or potential
lack of independence between the institution and the developer. The
letter of credit shall provide that the issuing institution will pay
on demand to the City such amounts as the City may require to fulfill
the obligations herein and may be reduced from time to time by a writing
of the City Clerk. The letter of credit shall be irrevocable for at
least one (1) year and shall state that any balance remaining at the
expiration shall automatically be deposited in cash with the City
Clerk, unless a new letter of credit is issued and agreed to by the
City or the City issues to the institution a written release of the
obligations for which the letter of credit was deposited. The developer
shall pay a non-refundable fee of two hundred dollars ($200.00) to
the City or as otherwise established by the Board, with submission
of a letter of credit and the same fee for any amendment or extension
thereto, to partially reimburse the City's administration and review
costs in accepting and maintaining such letter of credit.
2.
Amount Of Deposit. The construction deposit required of a developer
establishing a performance guarantee deposit agreement shall be in
an amount equal to the Director of Public Works' estimate of the actual
cost to the City of the construction, completion and installation
of the required improvements if the City were required to complete
the improvements to the required specifications. The Director of Public
Works may adopt, to the extent practical, schedules reflecting current
cost estimates of typically required improvements. Where certain improvements
are required to be installed prior to approval of the record plat,
the gross deposit amount for the construction deposits shall be reduced
by the estimated cost of such improvements.
3.
Deposit Agreement; Releases. The performance guarantee deposit
agreement shall be entered into with the City, shall require the developer
to agree to fulfill the obligations imposed by this Section and shall
have such other terms as the City Attorney may require consistent
with this Section. The agreement shall authorize the designated City
Official to release the cash or reduce the obligation secured under
the letter of credit as permitted herein. Such releases or reductions
may occur upon completion, inspection and approval by the Board of
all required improvements within a category of improvements or may
occur from time to time as work on specific improvements is completed,
inspected and approved; provided, however, that:
a.
Releases, General.
(1)
The City shall release the cash or release the
letter of credit as to all or any part of its obligation only after
construction, completion and installation of some phase of work on
the improvements indicated on the approved improvement plans, receipt
of requisite written notification from the appropriate inspecting
public authority and approval by the City Administrator, and only
in the amounts permitted herein.
(2)
Inspection Requests. The Department of Public Works
shall inspect each category of improvement or utility work within
twenty (20) business days after a request for such inspection has
been filed with the Department by the developer, and no inspection
shall be required until such request is received by the Department.
For purposes of this Section, an inspection request shall constitute
and occur only on a completed written request on a form that shall
include:
(a)
The category of improvement requested to be inspected
(as shown in the applicable deposit agreement or approved City estimate
form);
(b)
An engineer's certification that the category of
improvement has been installed, and on the date of inspection application
is maintained and in conformance with the final approved improvement
plans and all applicable requirements thereto and is therefore ready
for inspection; and
(c)
A verified statement from the representative officer
of the developer attesting that the information in the inspection
request is true and accurate. Nothing herein shall preclude the Department
from completing additional inspections at its discretion or as a courtesy
to the developer.
b.
Extension Of Completion Period. If, at the end of the improvement
completion period, all the improvements shown on the approved improvement
plans have not been completed, the developer may request and the Board
of Aldermen may grant an extension to the improvement completion period
as set forth in the deposit agreement for a reasonable time as determined
by the Board of Aldermen if after review by the City such longer period
is deemed necessary to facilitate adequate and coordinated provisions
for transportation, water, sewerage, schools, parks, playgrounds or
other public improvements, facilities or requirements, so long as
all guarantees are also extended and approved by the City Attorney;
provided that the City may require as a condition of the extension
execution of a new agreement, recalculation of deposit amounts or
satisfaction of new Code requirements or other reasonable conditions
as may be needed to ensure that the extended agreement fully complies
with the terms of this Section.
c.
Construction Deposit Releases. After an inspection of any specific
improvements, the City may at its discretion release up to ninety-five
percent (95%) of the original sum deposited for the construction of
such specific required improvements. Irrespective of any discretionary
prior releases that may be authorized by the City after completion
of any component of the guaranteed improvements (i.e., less than all
of the improvements in a given category), the remaining amount held
for any category of improvements for the entire subdivision shall
be released within thirty (30) days of completion of all of the improvements
in such category of improvement, minus a retention of five percent
(5%) that shall be released only upon completion of all improvements
for the subdivision. The City shall establish the improvement categories,
which may consist of improvement components or line items, to be utilized
for calculation of deposit amounts, but such categories, components
and line items shall in no way modify or reduce the developer's guarantee
as to all required improvements, irrespective of any release or completion
of any category or underlying component or line item. All improvements
in a category shall be deemed complete only when:
(1)
Each and every component and line item within a
category for the entire subdivision has been constructed as required;
(2)
The developer has notified the Commission of Planning
and Zoning in writing that it has finished work on all components
of the category, provided all necessary or requested documentation
and requests an inspection;
(3)
The developer is not in default or in breach of
any obligation to the City under this Section, including, but not
limited to, the City's demand for deposit of additional sums for the
subdivision, and;
(4)
The inspection has been completed and the results
of the inspection have been approved in writing by the City and/or
its agents.
d.
Effect Of Release; Continuing Obligations. The developer shall
continue to be responsible for defects, deficiencies and damage to
public streets and other required improvements during development
of the subdivision. No inspection approval or release of funds from
the construction deposit as to any component or category shall be
deemed to be City approval of improvement or otherwise release the
developer of its obligation relating to the completion of the improvements
until the final subdivision release on all improvements is issued
declaring that all improvements have in fact been constructed as required.
Inspection and approval of any or all required improvements shall
not constitute acceptance of the improvement by the City as a public
improvement for which the City shall bear any responsibility.
e.
Deficient Improvements. No approval of required improvements
shall be granted for improvements that fail to meet the specifications
established herein or otherwise adopted by the City.
f.
Final Release. Upon final inspection and approval of all required
improvements, the remaining amount of the construction deposit shall
be released, provided that no such funds shall be released on a final
inspection until the development of the subdivision is complete as
determined by the City.
g.
Appeals. If the developer believes that a release or certificate
of completion has been improperly denied, an appeal shall be filed
with the Board of Adjustment who shall sit as the Board of Administrative
Appeals to hear such disputes, and no such denial shall be deemed
final until such appeal procedure has been exhausted.
4.
Failure To Complete Improvements.
a.
The obligation of the developer to properly construct, install
and preserve the improvements as indicated on the approved improvement
plans shall not cease until the developer shall be finally released
by the City. If, after the initial improvement completion period or
after a later period as extended pursuant to this Section, the improvements
indicated on the approved improvement plans are not constructed, completed,
installed, preserved and accepted as required or if the developer
shall violate any provision of the deposit agreement, the City may
ask the developer to show cause within not less than ten (10) days
why the developer should not be declared in default. Unless good cause
is shown, no building or other permit shall be issued to the developer
in the subdivision during any period in which the developer is in
violation of the performance guarantee deposit agreement or subdivision
code relating to the subdivision. If the developer fails to cure any
default or present compelling reason why no default should be declared,
the City shall declare the developer in default and may take any one
(1) or more of the following acts:
(1)
Deem the balance under the performance guarantee
deposit agreement not theretofore released as forfeited to the City,
to be then placed in an appropriate trust and agency account subject
to the order of the City for such purposes as letting contracts to
bring about the completion of the improvements indicated on the approved
improvement plans or other appropriate purposes in the interest of
the public safety, health and welfare; or
(2)
Require the developer (or its agent) to pay to
the City the balance of the performance guarantee not theretofore
released; or
(3)
Require the developer to submit an additional cash
sum sufficient to guarantee the proper completion of the improvements
as indicated on the approved improvement plans after recalculation
to allow for any increased actual costs of constructing, reconstructing,
removing and/or replacing the improvements.
b.
The failure of a developer to complete the improvement obligations
within the time provided by the agreement (or any extension granted
by the City) and including the payment of funds to the City due to
such failure or an expiration of a letter of credit shall be deemed
an automatic act of default entitling the City to all remedies provided
in this Section without further or prior notice. It shall be the sole
responsibility of the developer to timely request an extension of
any deposit agreement if the improvements are not completed in the
original time period provided by the deposit agreement and no right
to any extension shall exist or be assumed.
5.
Other Remedies For Default. If the developer or its agent fails
to comply with the City's requirements for payment as described above
or fails to complete the improvements as required or otherwise violates
the deposit agreement provisions and there is a risk that development
will continue in the subdivision without the timely prior completion
of improvements or compliance with deposit agreement provisions, the
City may in addition or alternatively to other remedies:
a.
Suspension.
(1)
Suspend the right of anyone to build or construct
on the undeveloped portion of the subdivision. For the purpose of
this Subsection, the "undeveloped portion of the subdivision" means
all lots other than lots which have been sold for personal use and
occupancy or are under bona fide contract for sale to any person for
personal use or occupancy. The City shall give the developer ten (10)
days' written notice of an order under this Subsection, with copies
to all sureties, as appropriate, who have outstanding obligations
for any undeveloped portion of the subdivision, and shall record an
affidavit of such notice with the Recorder of Deeds. If, within the
ten-day period after notice is given, the City is not convinced by
compelling evidence that completion of the improvements is adequately
assured and maintenance of streets assured as provided herein, the
City shall order construction suspended on the undeveloped portion
of the subdivision. The order shall be served upon the developer,
with a copy to the issuer of the surety as appropriate, and a copy
recorded with the Recorder of Deeds. Public notice of said order shall
be conspicuously and prominently posted by the City at the subdivisions
or lots subject to said order. The notice shall contain the following
minimum language, which may be supplemented at the discretion of the
designated City Official:
(a)
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN
DEFAULT BY THE CITY OF OWENSVILLE. NO DEVELOPMENT, CONSTRUCTION, BUILDING
OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF
THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF OWENSVILLE REMOVES
THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL
BE ENFORCED PURSUANT TO CHAPTER 400, CITY OF OWENSVILLE MUNICIPAL
CODE.
(b)
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE
CITY OF OWENSVILLE. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION
IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL
SUCH TIME AS THE CITY OF OWENSVILLE REMOVES THIS PROHIBITION. ANY
DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE
THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT
TO CHAPTER 400, CITY OF OWENSVILLE MUNICIPAL CODE.
(2)
The suspension shall be rescinded in whole or in
part only when the City is convinced that completion of the improvements
is adequately assured in all or an appropriate part of the subdivision;
or
b.
Suspend the rights of the developer or any related entity to
construct structures in any development platted after the effective
date of such suspension throughout the City and such incorporated
areas as are under City jurisdiction. The City shall give the developer
ten (10) days' written notice of an order under this clause, with
a copy to sureties known to the City to have obligations outstanding
on behalf of the developer or related entities, and shall record an
affidavit of such notice with the Recorder of Deeds. If, within the
ten-day period after notice is given, the City is not convinced by
compelling evidence that completion of the improvements is adequately
assured and maintenance of streets assured as provided herein, the
City shall order construction suspended. The order shall be served
upon the developer, with a copy to the surety as appropriate, and
a copy recorded with the Recorder of Deeds. The suspension shall be
rescinded only when the City is convinced that completion of the improvements
is adequately assured.
6.
Suspension Of Development Rights. From and after the effective
date of this Section, if a developer or any related entity has a subdivision
development improvement guarantee that is in default, as determined
by the City, including any escrow or bond under any prior enactment
of this Section:
a.
The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (D)(7) of this Section; and
b.
The rights of the developer or any related entity to receive
development approval, which approval shall include, but not be limited
to, approval of any plat or deposit agreement for new or further development
in the City, shall be suspended. The suspension shall be rescinded
only when the City is convinced that completion of the improvements
is adequately assured.
7.
Additional Remedies. If any party fails to comply with any obligation of this Section, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by setoff of any funds or assets otherwise held by the City or the developer to the maximum extent permitted by law. Such setoff shall occur upon written notice of such event by the City to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 405 that the developer shall pay the City's costs, including reasonable attorneys' fees, of enforcing this Section or any agreement thereunder in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under the City's administrative review procedure.
[R.O. 2011 § 405.070; Ord. No.
1161 § 1, 11-18-2013]
A.
In addition to the principles and standards of this Chapter, which
are appropriate to the planning of all subdivisions, the developer
of a subdivision intended for non-residential use shall demonstrate
to the satisfaction of the Commission that the street, parcel and
block pattern proposed is specifically adapted to the uses anticipated
and is compatible with other uses in the vicinity. For such proposals,
the following principles and standards shall be observed:
1.
Proposed industrial parcels shall be suitable in area and dimensions
to the type or types of industrial development anticipated.
2.
Street right-of-way and pavement shall be adequate to accommodate
the type and volume of traffic anticipated.
3.
The Commission may impose special requirements with respect
to street, curb, gutter, street light, planting, sidewalk, utility
and other improvements to meet special needs.
4.
Lots which are platted adjacent to residential uses or residential
zoning districts may require increased width, depth and/or area to
provide adequate space for screening and/or buffering as required
by this Title.
5.
No street shall be platted which connects to a minor existing
street which has residential zoning districts on both sides.
[R.O. 2011 § 405.075; Ord. No.
1161 § 1, 11-18-2013]
The developer and his/her contractor shall cause the subdivision to conform to the requirements of the landscaping and screening requirements contained in Section 400.330 of this Title.
[R.O. 2011 § 405.080; Ord. No.
1161 § 1, 11-18-2013]
A.
Scope. Trust indentures shall be required for all subdivisions that
have common ground, common facilities or private roads.
B.
Submission And Review Procedure. Trust indentures shall be submitted
to and approved by the Administrative Official for approval as to
legal form and compliance with the regulations of this Section. Submitted
with a trust indenture shall be a written legal opinion prepared and
signed by an attorney licensed to practice law in the State of Missouri
setting forth the attorney's legal opinion as to the validity of the
legal form and effect of the trust indenture. Approved trust indentures
and warranty deeds shall be filed with the Recorder of Deeds simultaneously
with recording of the subdivision record plat, with a copy to be filed
with the City.
C.
Provisions Of The Trust Indenture. The following provisions shall
be included in the trust indentures:
1.
Election Of Trustees. The initial Board of Trustees may be appointed
by the developer. One-third (1/3) of the Trustees shall be chosen
by purchasers of developed lots or units after fifty percent (50%)
of the lots or units have been sold; two-thirds (2/3) of the Trustees
shall be chosen by purchasers of developed lots or units after seventy-five
percent (75%) of the lots or units have been sold; all of the Trustees
shall be chosen by purchasers of developed lots or units after all
of the lots or units have been sold. The trust indenture shall provide
for the method and time of the election of Trustees.
2.
Vacancies On The Board Of Trustees. Where the provisions of
a trust indenture cannot be fulfilled by reason of unfilled vacancies
among the Trustees, the Board of Aldermen may, upon the petition of
any concerned resident or property owner of the subdivision, appoint
one (1) or more Trustees to fill vacancies until such time as Trustees
are selected in accordance with the trust indenture. Any person so
appointed who is not a resident or property owner within the subdivision
shall be allowed a reasonable fee for his/her services by the order
of appointment, which fee shall be levied as a special assessment
against the property in the subdivision and which shall not be subject
to any limitations on special assessments contained in the trust indenture
or elsewhere.
3.
Term Of The Indenture And Title To Common Ground. The term of
the indenture shall be perpetual or for the duration of the subdivision.
In the event the subdivision is vacated, thereafter, fee simple title
shall vest in the then lot or unit owners as joint tenants. The rights
of the joint tenants shall only be exercisable appurtenant to and
in conjunction with their lot or unit ownership. Any conveyance or
change of ownership of any lot or unit shall convey with it ownership
in the common property, and no interest in the common property shall
be conveyed by a lot or unit owner except in conjunction with the
sale of a lot or unit. The sale of any lot or unit shall carry with
it all the incidents of ownership of the common property although
such is not expressly mentioned in the deed; provided, however, that
no right or power conferred upon the Trustees shall be abrogated.
4.
No provision shall limit the right of any property owner or
residents from expressing any opinion or seeking redress from any
government body, nor shall any provision discriminate against any
person on the basis of race, religion, national origin or gender or
deny benefits to any property owner otherwise entitled by these provisions.
