City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents
Chapter 410: Subdivision Regulations
Cross References — As to stormwater management, see ch. 425 of this Title; as to water/wastewater construction specifications, see ord. no. 881 adopted July 16, 2001, and ord. no. 881A adopted April 21, 2003, which are on file in the city offices.

Section 410.010 Title and Purpose of Subdivision Regulations.

[R.O. 2006 §410.010; CC 1980 §720.010; Ord. No. 549, 2-15-1971]
This Chapter shall be known, referred to and cited as "The Land Subdivision Code of Troy, Missouri". This Chapter is to provide for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan of Troy, for minimum requirements of the preliminary and final plats, for minimum standards of physical improvements in new subdivisions, for adequate open spaces, for traffic, recreation, light and air, and for a distribution of population and traffic for the health, safety and general welfare of the community.

Section 410.020 Subdivision Definitions.

[R.O. 2006 §410.020; CC 1980 §720.020; Ord. No. 549, 2-15-1971]
For the purpose of this Chapter, certain words and terms are herewith defined, the singular includes the plural and the plural includes the singular, the word "shall" is mandatory and not discretionary.
BUILDING LINE
A line on a plat between which line and a street no building or structure may be erected.
COMPREHENSIVE PLAN
A plan made and adopted by the City Planning and Zoning Commission indicating the general locations recommended for the streets, parks, public buildings, zoning districts and all other public improvements.
CUL-DE-SAC
A minor street with only one (1) outlet and culminated by a turnaround.
MAJOR STREET
A street intended to serve as a major traffic way and designated as a major street in the Comprehensive Plan.
MINOR STREET
A street intended to serve the local needs of an area and not designated as a major street in the Comprehensive Plan.
SUBDIVISION
The division of a lot, tract or parcel of land into two (2) or more lots, or other division of land into parcels of one (1) acre or less in area, or the dedication of streets, ways or other areas for the use of the public. The sale or transfer of land of one (1) acre or more is exempted from recording a plat but shall be certified by the City Planning and Zoning Commission.

Section 410.030 Subdivision Jurisdiction and Procedure.

[R.O. 2006 §410.030; CC 1980 §720.030; Ord. No. 549, 2-15-1971; Ord. No. 797 §1, 5-20-1996]
A. 
It shall be unlawful for any person being the owner, agent, or person having control of any land within the City, to subdivide or lay out such land in lots unless by a plat, in accordance with the regulations contained herein. No lots shall be sold nor any plat recorded until such plat has been approved as herein provided.
B. 
The subdivider shall submit preliminary plans in accordance with the specifications of Section 410.050 hereof. A preliminary plan shall first be submitted to the Planning Commission for approval. After the preliminary plans are approved by the Planning Commission in accordance with this Chapter, such preliminary plans shall be submitted to the Board of Aldermen for its approval or disapproval.
C. 
Following approval of the preliminary plan, the subdivider shall:
1. 
Install the minimum improvements. The term "minimum improvements" as used herein shall include completion of the streets, water, sewer and stormwater improvements as designated and described in the preliminary plan.
2. 
According to the specifications of the Building Commissioner no building permit shall be issued until said improvements have been completed.
3. 
Provide for an assessment guaranteeing such installation, in accordance with Section 410.060 hereof.
D. 
Upon approval of improvement installations or arrangements therefor, the final plat shall be submitted to the Planning Commission and the Board of Aldermen in accordance with the provisions of Section 410.070 hereof.

Section 410.040 Subdivision Design Standards.

[R.O. 2006 §410.040; CC 1980 §720.040; Ord. No. 549, 2-15-1971]
A. 
Relation To Adjoining Street System. The arrangement of the streets in new subdivisions shall make provisions for the continuation of the principal existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided), insofar as they may be deemed necessary by the Planning Commission for the public requirements. Off-set streets should be avoided. The angle of intersection between minor streets and major streets should not vary by more than ten degrees (10°) from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. All proposed street names shall be checked against duplication of other names. The widths and locations of major streets shall conform to the widths and locations designated on the Comprehensive Plan.
B. 
Design Standards. The following standards of design shall be applied to all subdivisions:
Low-Density Area, Over 20,000 Square Feet/Unit
Medium-Density Area, 6,000 To 20,000 Square Feet Per Unit
High-Density Area, Less Than 6,000 Square Feet Per Unit
For Right-of-Way
R.O.W. Width
50 feet
50 feet
60 feet
Alley Width, if provided
20 feet
20 feet
24 feet
Easements, total
10 feet
10 feet
10 feet
Max. Block Length
1500 feet
1000 feet
1000 feet
Min. Block Length
500 feet
500 feet
400 feet
Max. Cul-De-Sac Length
1500 feet
1000 feet
750 feet
Min. Cul-De-Sac Length
40 feet
50 feet
50 feet
For Improvements
Pavement Width
26 feet
26 feet
36 feet
Max. Grade
8%
8%
8%
Min. Sight Distance
150 feet
150 feet
150 feet
Sidewalk Width
0 feet
4 feet
5 feet
Sidewalk Feet from curb (minimum)
-
2 feet
2 feet
For Lots
Min. Bldg. Line
30 feet
30 feet
30 feet
Min. Lot Width at Bldg. Line
80 feet
60 feet
50 feet
Min. Lot Depth
125 feet
100 feet
100 feet
Max. Lot Depth
3 x width
3 x width
3 x width
Min. Ave. Lot Width, Corner Lot
85 feet
85 feet
85 feet
Radius on Corner Lots
20 feet
20 feet
30 feet
C. 
Character Of Development.
1. 
The Commission shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property.
2. 
Deed restrictions or covenants should be included to provide for the creation of a property owners' association or board of trustees for the proper protection and maintenance of the development in the future, provided however, that such deed restrictions or covenants shall not contain reversionary clauses wherein any lot shall return to the subdivider because of a violation thereon of the terms of the restrictions or covenants.
3. 
Where the subdivision contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made by trust agreement, made a part of the deed restrictions acceptable to any agency having jurisdiction over the location and improvement of such facilities, for the proper and continuous maintenance and supervision of such facilities.
4. 
Parks, school sites, etc. Where an area being subdivided includes lands proposed to be used for parks or schools, under the duly adopted Comprehensive Plan of the City and environs, the subdivider shall not plat such lands as a part of the subdivision plat, and shall confer with the appropriate public agency regarding the time, method and amount of payment for the agency to acquire the land. If no agreement has been reached upon the acquisition of the area within two (2) years from the date of the submission of the preliminary plan, the subdivider may then plat the balance of the area.
D. 
Easements Along Streams. Whenever any stream or important surface drainage course is located in an area which is being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream or drainage course.

Section 410.050 Preliminary Subdivision Plan.

[R.O. 2006 §410.050; CC 1980 §720.050; Ord. No. 549, 2-15-1971]
A. 
Whenever any person desires to subdivide land, he/she shall submit the required number of copies of the preliminary sketch plan conforming to the requirements of Section 410.040, to the Planning Commission before submission of the final plat.
B. 
The preliminary plan shall show:
1. 
The location of present property lines, streets, buildings, water courses, tree masses and other existing features within the area to be subdivided and similar information regarding existing conditions of land immediately adjacent thereto.
2. 
The proposed location and width of streets, alleys, lots, building and setback lines and easements.
3. 
Existing sanitary and storm sewers, water mains, culverts, and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest water main and sewer or outlet are to be indicated in a general way upon the plat.
4. 
The title under which the proposed subdivision is to be recorded and the name of the subdivider platting the tract.
5. 
The names and adjoining boundaries of all adjoining subdivisions and the names of recorded owners of adjoining parcels of unsubdivided land.
6. 
Contours with intervals sufficient to determine the character and topography of the land to be subdivided, but in no case shall the intervals be more than five (5) feet.
7. 
North point, scale and date.
8. 
Grades and profiles of streets and plans or written and signed statements regarding the grades of proposed streets and the width and type of pavement, location, size and type of sanitary sewer or other sewage disposal facilities, water mains and other utilities, facilities for stormwater drainage, and other proposed improvements such as sidewalks, planting and parks, and any grading of individual lots.
C. 
After the preliminary plan has been approved by the Planning Commission, it shall be submitted to the Board of Aldermen for its approval or disapproval. Approval of the preliminary plan by the Board of Aldermen does not constitute an acceptance or approval of the subdivision plat. One (1) copy of the approved plan, signed by the Mayor, shall be retained in the office of the City Clerk. One (1) signed copy will be given to the subdivider.

Section 410.060 Minimum Subdivision Improvements Required.

[R.O. 2006 §410.060; CC 1980 §720.060; Ord. No. 549, 2-15-1971; Ord. No. 549A, 7-17-2000; Ord. No. 1020 §2, 9-18-2006]
A. 
Receipt of the signed copy of the preliminary plan is authorization for the subdivider to proceed with the preparation of the plans and specifications for the following minimum improvements and with the preparation of the final plat. Prior to the construction of any improvements required or to the submission of a bond in lieu thereof, or to the provision for any assessment for such construction, the subdivider shall furnish the City Engineer all plans, information and data necessary to determine the character of said improvements. These plans shall be examined by the City Engineer and will be approved, if in accordance with the requirements of this Section. Following this approval construction can be started or the amount of a bond determined, or an assessment provided for.
B. 
No final or official plat of any subdivision shall be approved unless:
1. 
The subdivider agrees with the Board of Aldermen upon an assessment whereby the City is put in an assured position to install the improvements listed below at the cost of the owners of the property within the subdivision, or
2. 
The improvements listed below have been installed prior to such approval.
3. 
(Reserved)
C. 
The owner of a tract may prepare and secure approval of a preliminary subdivision plan of an entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which a final plat is approved for recording, provided however, that trunk sewers and any sewage treatment plants shall be designed and built in such a manner that they can easily be expanded or extended to serve the entire area.
1. 
Permanent markers. All subdivision boundary corners and the four (4) corners of all street intersections shall be marked with permanent monuments. A permanent monument shall be deemed to be concrete with a minimum dimension of four (4) inches extending below the frost line, or steel pipe at least one (1) inch diameter firmly imbedded in concrete which extends below the frost line. Should conditions prohibit the placing of monuments on the line, offset marking will be permitted, provided however, that exact offset courses and distances are shown on the subdivision plat. A permanent bench mark shall be accessibly placed and accurately noted on the subdivision plat, the elevation of such bench mark to be based on the U.S.G.S. data.
2. 
Street improvements. All street and public ways shall be graded to their full width, including side slopes, and to the appropriate grade, and shall be surfaced with a twenty-six (26) foot width of surfacing in accordance with applicable standard specifications of the City. Such construction shall be subject to inspection and approval by the City Engineer. Once such improvements have been inspected and approved by the City as sufficient for the general traffic use, they shall be subject to all current City ordinances.
3. 
Sidewalks. Concrete sidewalks shall be constructed along at least one (1) side of every minor street shown on the plat in accordance with applicable standard specifications of the City, and concrete sidewalks shall be constructed along both sides of all major streets, provided however, that where property is platted in lots having an area of twenty thousand (20,000) square feet or more and a width of one hundred (100) feet or more, the Board of Aldermen may waive this requirement.
4. 
Water lines.
a. 
Each lot within the subdivided area shall be provided with a connection to an approved public water supply where reasonably accessible.
b. 
Fire hydrants shall be installed in all subdivisions.
5. 
Sanitary sewers. Each lot within the subdivided area shall be provided with a connection to a public sanitary sewer where reasonably accessible. All connections and the subdivision sewer system shall comply with regulations of the State Board of Health and shall be approved by the City Engineer. When a public sewer system is not accessible, proper provisions shall be made for the disposal of sanitary wastes as approved by the State Board of Health.
6. 
Drainage. All necessary facilities shall be installed sufficient to prevent the collection of surface water in any low spot, and to maintain any natural watercourse. Drainage facilities satisfactory to the City Engineer shall be provided for the ends of all cul-de-sacs and dead-end streets.

Section 410.070 Final Subdivision Plat.

[R.O. 2006 §410.070; CC 1980 §720.070]
A. 
The final plat shall be on tracing cloth and five (5) prints thereof, together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Board of Aldermen. The final plat is to be drawn at a scale of not more than one hundred (100) feet to the inch from an accurate survey and on one (1) or more sheets whose maximum dimensions are eighteen (18) inches by twenty-four (24) inches. If more than two (2) sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one (1) sheet and the areas shown on other sheets.
B. 
The final plat shall show:
1. 
The boundary lines of the area being subdivided with accurate distances and bearings.
2. 
The lines of all proposed streets and alleys with their widths and names.
3. 
The accurate outline of any portion of the property intended to be dedicated or granted for public use.
4. 
The line of departure of one (1) street from another.
5. 
The lines of all adjoining property, streets and alleys with their widths and names.
6. 
All lots lines together with an identification system for all lots and blocks.
7. 
The location of all building lines and easements provided for public use, services or utilities.
8. 
All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and any other areas for public or private use. Linear dimensions are to be given to the nearest one hundredths (1/100) of a foot.
9. 
The radii, arcs, chords, points of tangency and central angles for curvilinear streets and radii for rounded corners.
10. 
The location of all survey monuments and bench marks together with their descriptions.
11. 
The name of the subdivision, a small sketch showing its general location, and the scale of the plat, points of the compass, and name of owner or owners or subdivider.
12. 
The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.
13. 
Private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
14. 
Acknowledgement 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 easements required.
15. 
Certificates of approval for endorsement by the Board of Aldermen.

Section 410.075 Display Plat Procedure.

[R.O. 2006 §410.075; Ord. No. 942, 9-15-2003; Ord. No. 942A, 6-21-2004]
A. 
Purpose. To provide a procedure whereby the construction of a display house or multiple-family display unit can begin prior to the recording of the record subdivision plat.
B. 
Procedure. After receiving approval of a preliminary plat of a proposed subdivision from both the Planning and Zoning Commission and Board of Aldermen, the developer may submit a display plat to the Planning and Zoning Commission for review and approval. There may be one (1) display house for every ten (10) lots proposed, not to exceed ten (10) display houses; however, a subdivision with less than ten (10) lots may have one (1) display house.
C. 
Display Plat. The display plat shall include a complete outboundary survey of the proposed subdivision and the location of each display in relation to proposed lots. The script shall comply with the requirements of the City including, but not limited to, the following:
1. 
The display plat shall be recorded in the office of the Lincoln County Recorder of Deeds prior to issuance of a building permit for any display.
2. 
The display plat shall become null and void upon the recording of a record plat which establishes that each display is on an approved lot.
3. 
No part of the proposed subdivision may be conveyed, nor an occupancy permit issued, for any structure therein until the display house or units have been located on an approved lot.
4. 
If initial construction of a display has not commenced within sixty (60) days, the Planning and Zoning Commission's approval shall lapse and the display plat shall be null and void.
5. 
Lots should be on an approved lot of record within one (1) year of the display plat's recording or such longer period as may be permitted by the Planning and Zoning Commission. If the record plat is not filed, the then owner shall remove or cause to be removed all display houses or units from the property. Failure of owner to remove the display houses or units from the property within one (1) year plus thirty (30) days of date of approval shall constitute the granting of authority to the City of Troy to remove or cause the display houses or units to be removed, the cost of which shall be borne by the owner and shall become a lien against the property.
D. 
The display plat shall be executed by the owner and lienors.

Section 410.080 Subdivision Variations and Exceptions.

[R.O. 2006 §410.080; CC 1980 §720.080; Ord. No. 549, 2-15-1971]
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the Board of Aldermen, after report by the Planning Commission, may vary or modify such requirements so that the subdivider may develop his/her property in a reasonable manner, but so that, at the same time, the public welfare and interests of the City are protected and the general intent and spirit of these regulations are preserved.

Section 410.090 Use of Unapproved Plat in Sale of Land — Penalty — Vacation or Injunction of Transfer.

No owner, or agent of the owner, of any land located within the platting jurisdiction of the City of Troy, knowingly or with intent to defraud, may transfer, sell, agree to sell, or negotiate to sell that land by reference to or by other use of a plat of any purported subdivision of the land before the plat has been approved by the Board of Aldermen or Planning and Zoning Commission and recorded in the office of the appropriate County Recorder unless the owner or agent shall disclose in writing that such plat has not been approved by such Board of Aldermen or Planning and Zoning Commission and the sale is contingent upon the approval of such plat by such Board of Aldermen or Planning and Zoning Commission. Any person violating the provisions of this Section shall forfeit and pay to the City a penalty not to exceed three hundred dollars ($300.00) for each lot transferred or sold or agreed or negotiated to be sold; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from this penalty. The City may enjoin or vacate the transfer or sale or agreement by legal action, and may recover the penalty in such action.

Section 410.100 Subdivision Changes and Amendments.

[R.O. 2006 §410.100; CC 1980 §720.100; Ord. No 549, 2-15-71]
Any regulations or provisions of this Chapter may be changed and amended from time to time by the Board of Aldermen, provided however, that such changes or amendments shall not become effective until after a study and report by the Planning Commission and until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least fifteen (15) days prior to such hearing.

Section 410.110 Weekend Directional Signs For Subdivisions — Permitted.

[R.O. 2006 §410.110; Ord. No. 945, 1-20-2004; Ord. No. 1134, 1-19-2011]
A. 
Any developer of a subdivision in the City of Troy shall be permitted to erect up to twelve (12) weekend directional signs, subject to the restrictions set forth below:
1. 
Signs shall not be placed as to interfere in any way with public health or safety.
2. 
Signs shall not be placed or displayed before sunset on Friday and shall be completely removed, including all support structures, no later than sunrise on Monday of the same weekend.
3. 
Signs shall be freestanding and shall not exceed four (4) square feet in area nor four (4) feet in height from the adjacent finished grade.
4. 
Placement of such signs shall be prohibited on private property without express permission of the property owner. Such signs within State right-of-way are further subject to the rules and regulations of the Missouri Department of Transportation.
5. 
The maximum number of signs to be placed or displayed for any one (1) development shall not exceed one (1) sign for every two hundred (200) feet.
6. 
No such sign shall be attached to any utility structure, tree, fence or any public or existing private sign standard.
7. 
An annual permit shall be required for each development requesting to place signs within the City. A fee of one hundred dollars ($100.00) will be required for each application. Failure to pay fee prior to placement of signs shall result in a citation. Each sign shall be considered a separate violation.
8. 
Failure to comply with the provisions of this Section shall result in a citation being issued to the applicant for said sign permit or, in the absence of a permit, the owner of the development being advertised. Any and all illegal signs are subject to immediate removal by the City.
9. 
Weekend directional signs shall not be placed outside a four (4) mile map radius of the subdivision. Any signs placed outside this radius shall be subject to removal and citations issued to the applicant for said sign permit or, in the absence of a permit, the owner of the development being advertised.
10. 
No signs shall be placed within any Troy Municipal Park or on any right-of-way adjacent to any Troy Municipal Park.

Section 410.120 Improvements Installed or Guaranteed.

[R.O. 2006 §410.120; Ord. No. 1020 §1, 9-18-2006]
A. 
Requirements. After the improvement plans have been approved and all required fees paid, but before approval of the final plat, the developer shall guarantee the completion of improvements required by the approved improvement plans. The developer shall either:
1. 
Complete the improvements under the inspection of the appropriate inspecting agency and in accordance with the approved improvement plans; or
2. 
Guarantee the construction and completion of the improvements as set forth in the approved plans and the construction permit and based on the cost estimate approved by the City Engineer by posting an escrow agreement or letter of credit. Escrow agreements or letters of credit shall:
a. 
Be prepared on forms furnished by the City of Troy; four (4) originals shall be provided to the City; and
b. 
Be approved by the City Engineer; and
c. 
Guarantee the improvements set forth in the approved improvement plans by providing for deposit (cash, certified check or cashier's check) with an institution whose deposits are Federally insured by the United States Government of that sum of lawful monies of the United States of America or a letter of credit in the amount which the City Engineer shall reasonably estimate as the cost of said improvements as set forth in Subsection (B). The developer shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the City Engineer completing the estimate; and
d. 
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit of the City Engineer, the City Attorney or the Finance Director.
e. 
If there is a letter of credit, it shall be subject to the audit of the City Engineer, the City Attorney or the Finance Director.
f. 
Provide for the release of all or any part of the monies so obligated upon demand by the Board of Aldermen in accordance with the requirements of this Section.
B. 
Amount Of Guarantee. Escrow agreements or letters of credit shall be established as required in Subsection (A), in the amount(s) as follows:
1. 
One hundred percent (100%) of the amount the City Engineer shall reasonably estimate as the cost of said improvements for categories that have not been installed at the time of the review and approval of the final plat.
2. 
Five percent (5%) of the amount the City Engineer shall reasonably estimate as the cost of said improvements for categories that have been installed but have not been completed at the time of the review and approval of the final plat.
C. 
Release Of Guarantee.
1. 
Partial release. The guarantee sum, as required in Subsection (B), shall be held by the escrow holder or the lender as in the agreement provided until such time as the City Engineer releases the cash or reduces the obligation secured under the letter of credit as permitted herein. Authorization shall be written and addressed to the escrow holder or the lender authorizing release. The City Engineer may authorize release for disbursement by the escrow holder or the lender for the payment of labor and materials used in the construction and installation of the improvements guaranteed as the work progresses. At no time will the amount in the escrow account or the obligation secured under the letter of credit depreciate to less than the cost of completing said remaining improvements. This sum shall be determined by using current market value of the materials and labor. In no case shall the escrow holder or lender release or reduce the letter of credit more than ninety-five percent (95%) of the estimated sum until improvements and installations have been completed in a satisfactory manner in accordance with the subdivision regulations and as approved by the City Engineer. Said partial releases shall be made for each category as installed within thirty (30) days of the installation and request from the developer.
2. 
Final release. The remaining five percent (5%) of the estimated cost of the improvements shall be released upon acceptance or final approval of said improvements by the Board of Aldermen. The estimated sum shall be held by the escrow holder or lender, as in the agreement provided, until such time as the Board of Aldermen shall accept said improvements by passage of a dedication ordinance. The City Engineer shall notify the escrow holder or lender of the Board of Aldermen's acceptance of the improvements and authorization of the final release in writing.
D. 
Transfer Of Permit And Replacement Guarantee. When title to a subdivision property is transferred from the original developer to a successor developer, and the construction permit for the improvements is properly transferred from the original developer to a successor, and a replacement escrow or letter of credit is established by the successor developer in accordance with the requirements of this Section, the City Engineer shall authorize the release of the guarantee of the original developer.
E. 
Inspections And Completion Of Improvements. The City Engineer 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 Engineering Department by the developer and no inspection shall be required until the department receives such request. The City Engineer shall provide to the developer a report of deficiencies for correction. For purposes of this Section, an "inspection request" shall constitute and occur only on a completed written request on a form that shall include:
1. 
The category of improvement reflected in the deposit agreement that is requested to be inspected; and
2. 
The project name and City project number; and
3. 
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 City Engineer from completing additional inspections at its discretion or as a courtesy to the developer.
The developer shall cause the correction of the deficiencies and notify the City Engineer of same for additional inspections within sixty (60) business days of the receipt of the original inspection report. The City Engineer, at his/her discretion, may extend the sixty (60) business day deadline to accommodate reasonable circumstances that would preclude the developer from completing the improvements.
F. 
Failure To Complete Improvements. The obligation of the developer to construct, complete, install and maintain the improvements indicated on the approved improvement plans shall not cease until the developer shall be finally released by the Board of Aldermen as provided in Subsection (C)(2). If, after the sixty (60) business day improvement completion period required in Subsection (E) or after a later period as extended pursuant to that Section, the improvements indicated on the approved improvement plans are not constructed, completed, installed, accepted as required, or if the developer shall violate any provision of the agreement, the City Engineer may notify 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 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 Engineer shall declare the developer in default and may take any one (1) or more of the following acts:
1. 
Deem the balance under the escrow agreement or letter of credit 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 Engineer for such purposes as letting contracts to bring about the completion 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 surety to pay to the City the balance of the surety not theretofore released; or
3. 
Require the developer to submit an additional cash sum sufficient to guarantee the completion of the improvements indicated on the approved improvement plans after recalculation in order to allow for any inflated or increased costs of constructing or maintaining the improvements.
The failure of a developer to complete the improvement obligations within the time provided by the escrow agreement or letter of credit (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 agreement if the improvements are not completed in the original time period provided by the agreement, and no right to any extension shall exist or be assumed.