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.
[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.
[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.
A line on a plat between which line and a street no building
or structure may be erected.
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.
A minor street with only one (1) outlet and culminated by
a turnaround.
A street intended to serve as a major traffic way and designated
as a major street in the Comprehensive Plan.
A street intended to serve the local needs of an area and
not designated as a major street in the Comprehensive Plan.
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.
[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.
[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 twenty-five (25) foot easement from top
of bank along each side of the stream for the purpose of widening,
deepening, sloping, improving or protecting the stream or drainage
course, otherwise known as a buffer strip.
[Ord. No. 1261, 1-24-2019]
[R.O. 2006 §410.050; CC 1980 §720.050; Ord. No. 549, 2-15-1971; Ord. No. 1308, 8-17-2021]
A.
Whenever any person desires to subdivide land, he/she shall submit the required number of copies of the preliminary subdivision plan, also referred to as a preliminary plan or preliminary plat, conforming to the requirements of Section 410.040, to the Planning Commission before submission of the final plat.
B.
Two (2) prints and one (1) searchable electronic copy of the prints
in (.pdf) format of the preliminary plan shall be submitted to the
Planning and Zoning Commission twenty-eight (28) days prior to the
meeting at which a recommendation of approval is requested. At the
discretion of the Chair of the Planning and Zoning Commission an aerial
photo of suitable scale may be required. The photo shall have superimposed
upon it the boundary of the property in question and any other information
as may be deemed necessary by the Planning and Zoning Commission.
[Ord. No. 1318, 1-20-2022]
C.
The preliminary plan shall include the following identification and
information:
1.
Identification.
a.
Proposed name of the subdivision.
b.
Names of the owner and the engineer, surveyor or landscape architect
responsible for survey and design.
c.
North point, a scale of 1" = 100' or larger and date.
d.
Approximate acreage in tract.
e.
A statement to the effect that "this plat is not for record"
shall be stamped or printed on all copies of the preliminary plan.
2.
Plan Information.
a.
Location of boundary lines and their relation to established
section lines, fractional section lines or survey lines.
b.
Physical features of property including water courses, ravines,
bridges, culverts, present structures, and other features important
to lot and street layout, including off-street parking if applicable.
c.
Topography of tract with contour interval of one (1), two (2)
or five (5) feet based on USGS information.
d.
Names of adjacent subdivisions and/or property lines around
perimeter within two hundred (200) feet, showing any existing streets,
highways, connections with adjoining platted streets, widths and locations
of alleys, easements and public sidewalk adjacent to or connecting
with the tract, location and size of all existing sanitary sewer,
storm sewer, and supply facilities.
e.
Location and width of existing and proposed streets, roads,
lots, alleys, building lines, easements, parks, school sites, utilities,
bridges, existing structures and other features of the proposed subdivision.
f.
Approximate gradients of streets will be shown.
g.
Designation of existing and proposed land use, whether for residential,
commercial, industrial or public use and present zoning district.
h.
Designation of utilities to serve proposed subdivision and identification
if they are public or private, if the right to connect is presently
held by the subdivider and if not what will be required to obtain
the right to connect.
i.
Record owner, party preparing plat, and party for whom plat
is prepared.
j.
Depict flood hazard boundaries as shown on FEMA maps.
k.
Indication if the streets are to be public or private.
l.
All areas shall be clearly labeled as to the proposed use and
all parcels of lands to be dedicated or reserved for public use or
for use in common by property owners shall be indicated on the plan
dedication or reservation.
m.
Preliminary plan is required to be signed and sealed by a registered
professional engineer in the State of Missouri.
n.
Other information as deemed necessary by the City Engineer,
Building Official, the Planning and Zoning Commission and/or Board
of Aldermen.
D.
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.
E.
Preliminary plan approval shall confer upon the subdivider the following
rights and privileges:
1.
That the preliminary plan will remain in effect for one (1)
year. The applicant may, during this period, submit all or parts of
said preliminary plan for final approval. Submittal of a final plat
that is part of a preliminary plan will extend the approval of the
preliminary plan for an additional year. Any part of a subdivision
which is being developed in stages shall contain a tract of land at
least one (1) block in length.
2.
That the general terms and conditions under which the preliminary
plan approval were granted will not be changed.
3.
The applicant may also proceed with detailed improvement plans
required for all facilities or utilities intended to be provided.
[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.
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.
[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.
[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.
[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.
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.
[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.
[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.
[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.
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Nothing herein shall preclude the City Engineer from completing
additional inspections at its discretion or as a courtesy to the developer.
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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.
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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.
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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.
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