[R.O. 2009 §25-8; Ord. No. 2928 §25-8, 12-22-1999; Ord. No. 3652 §I(25-8), 8-23-2006]
A.
No
person proposing to make or have made a subdivision within the City
shall enter into any contract for the sale of, or shall offer to sell,
the subdivision or any part thereof, until the final plat has been
approved by the City Council or shall proceed with any construction
work on the proposed subdivision, including grading, until authorization
to proceed has been obtained from the City Council.
B.
Developer
shall orderly transfer completed amenities, assets and control of
the association no later than thirty (30) days after the occupancy
of seventy-five percent (75%) of the units/lots in the development
or three (3) years after recording the declaration, whichever is earlier;
provided however, that developer may transfer control of the association
at an earlier date in its sole discretion.
C.
Before
the deadline, the developer shall send out notice to hold a meeting
of all property owners to elect a board. The notice shall be sent
out announcing the time, place and purpose of the meeting at least
fifteen (15) days in advance. Once the board is elected, the developer
shall officially transfer the control of the property owners' association
to the board meeting. The records and monies shall be transferred
over, though not necessarily at the meeting itself, no later than
ninety (90) days after the sale of seventy-five percent (75%) of the
units/lots in the development or three (3) years after recording the
declaration, whichever is earlier.
[R.O. 2009 §25-9; Ord. No. 2928 §25-9, 12-22-1999; Ord. No. 3131 §I(25-9), 12-12-2001; Ord. No. 3498 §I(25-9), 12-8-2004]
A.
A "minor subdivision" shall be defined as a subdivision of
land for residential use into not more than four (4) lots with frontage
on a City, County or State road.
B.
The
procedure for approval of a minor subdivision shall be as follows:
1.
The applicant shall employ a registered land surveyor to survey and
lay out the proposed minor subdivision.
2.
The applicant shall submit six (6) copies of the surveyed plat with
any required filing fee to the City for review, fifteen (15) days
prior to the required scheduled meeting.
3.
All lots shall be connected to a public wastewater treatment system
or to a privately maintained treatment facility.
4.
The plat shall indicate the location of all existing buildings, streets
and easements on the site and within one hundred (100) feet of the
site.
5.
The plat shall indicate the proposed points of ingress and egress.
The survey shall also provide for additional right-of-way for future
widening or maintenance of any City roads as required.
6.
The City shall review the proposed minor subdivision and shall submit
it to the Planning and Zoning Commission for recommendation to the
City Council.
7.
Upon approval by the City Council, the survey shall be filed in the
office of the Recorder of Deeds of Jefferson County. The following
acknowledgments shall be affixed to the record plat survey in the
manner approved by the City.
[R.O. 2009 §25-10; Ord. No. 2928 §25-10, 12-22-1999; Ord. No. 3131 §I(25-10), 12-12-2001; Ord. No. 4533, 8-29-2018]
A.
The
purpose of this Section is to allow adjustments to be made to lot
lines of platted lots or other lawful parcels for the purpose of adjusting
the sizes of building sites. It is not intended that extensive replatting
be accomplished by use of this Section. Surveys must be submitted
fifteen (15) days prior to the regular scheduled meeting.
2.
Procedure.
a.
A boundary adjustment may be accomplished by plat or deed and must
include an adequate legal description of the boundaries of the original
lots and of the adjusted lots.
b.
The boundary adjustment plat or deed shall be submitted to the City
for review by the Building Official prior to its being recorded. In
the case of approval, the Building Official shall issue a certificate
indicating his/her approval of the boundary adjustment. In the case
of disapproval, the Building Official shall indicate, in writing,
the reasons for such disapproval. The boundary adjustment plat or
deed, and the certificate of approval of same, shall be recorded at
the office of the Jefferson County Recorder of Deeds within sixty
(60) days of approval. If the said plat or deed, and certificate of
approval, are not recorded within this period, the approval shall
expire. Following the recording of the boundary adjustment documents,
one (1) original copy of the plat or deed, bearing the Recorder's
signature, seal, and notation of plat book and page, and/or deed book
and page, shall be returned to the Building Official.
3.
Lots In Non-Compliance. Boundary adjustments shall be allowed for
lawful lots existing in non-compliance with minimum area, frontage
and dimensional requirements of these regulations or the zoning ordinance,
provided that, the resulting adjustment of lot lines does not increase
the degree of non-compliance as determined by the City.
4.
Appeal Of Decision By Building Official. In the event of a denial
of a boundary adjustment by the Building Official, the property owner(s)
may, within fifteen (15) days of receipt of a written denial by the
Building Official citing the reasons for denial, submit an appeal
to the City Council for its review.
[R.O. 2009 §25-11; Ord. No. 2928 §25-11, 12-22-1999]
[R.O. 2009 §25-12; Ord. No. 2928 §25-12, 12-22-1999; Ord. No. 3131 §I(25-12), 12-12-2001]
A.
Before
preparing the preliminary plat of a subdivision, it is recommended
that the subdivider, his/her engineer, surveyor or other agent shall
confer with the Planning and Zoning Commission and the Building Official
to ascertain the location of existing and proposed thoroughfares,
parks and other proposed public facilities, so designated in the comprehensive
development plan, which may affect and need to be taken into account
by him/her in designing the layout and developing the subdivision
and to inform himself/herself of the requirements in these regulations
and others applying to the design and development of his/her subdivision.
It is also recommended that a sketch plan be prepared by the subdivider
or his/her agent, that shows the following information:
1.
The location of the tract in relation to the surrounding area, including
a general description of the land uses and development patterns in
the area;
2.
The approximate location of all existing structures within the tract
that are proposed to be retained and wooded areas within the tract
and within one hundred (100) feet thereof;
3.
Approximate location of proposed streets and property lines and a
sketch of the proposed site plan;
4.
All existing streets, roads, wet and dry weather watercourses and
other significant physical features within the tract and within one
hundred (100) feet thereof;
5.
Sufficient contour data to indicate the slope and drainage of the
tract and the high and low point thereof. Contour data shall be at
ten (10) foot intervals;
6.
The approximate elevation and limits of the 100-year flood hazard
area and the regulatory floodway as it effects the property;
7.
Information sufficient to indicate that the proposed water, drainage
and sewer system improvements are satisfactory for the proposed development;
and
8.
The existing zoning districts(s).
[R.O. 2009 §25-13; Ord. No. 2928 §25-13, 12-22-1999; Ord. No. 3131 §I(25-13), 12-12-2001]
A.
The
preliminary plat is intended to precede and supplement the final plat
which is to be recorded. Its purpose is to show all facts needed to
enable the Planning and Zoning Commission, the City Council and the
administrative officers of the City to determine whether the proposed
layout of the land in question and the proposed public improvements
are satisfactory from the standpoint of the public interest. The preliminary
plat must be made by a qualified technician, trained in the layout
of subdivisions. All required engineering and surveying work must
be performed by or under the supervision of a registered engineer
or surveyor, as the case may be, registered in accordance with the
provisions of State law.
B.
The
subdivider shall prepare a preliminary plat of the proposed subdivision
or commercial property which shall conform with the requirements set
forth herein and shall file at the office of the Building Official
an application in writing for authorization to proceed with the plat
accompanied by ten (10) black-line or blue-line prints.
C.
Any
person(s) requesting a recommendation for a residential development
in any phase of a total planned development must submit the preliminary
plans to the Building Official's office a minimum of forty-five (45)
days prior to the next scheduled planning and zoning meeting or it
will not be heard until the following scheduled planning and zoning
meeting.
D.
The
preliminary plat shall be drawn to a standard engineering scale no
greater than one (1) inch equals sixty (60) feet on a sheet size not
to exceed twenty-four (24) inches by thirty-six (36) inches and shall
contain as a minimum the following information:
1.
Items pertaining to the title:
a.
Proposed name of the subdivision, which shall not duplicate too closely
approximate, phonetically, the name of any other subdivision in the
County;
b.
Location by section of United States Survey, township, range, County,
State;
c.
Names and addresses of owner, of developer, of technician who made
the plan and of engineer responsible for engineering details;
d.
Date.
2.
Existing items pertaining to the plan:
a.
Boundary of the proposed subdivision accurately indicated by a heavy,
solid line and the acreage comprised therein;
b.
Location, widths and name of all existing or platted streets or other
public ways, railroad and utility rights-of-way, public and/or private
easements, parks and other public open spaces, permanent buildings,
section and corporation lines, United States Survey lines, range and
township lines within or adjacent to the tract;
c.
Existing sewers, water mains, culverts or other underground items
within the tract or immediately adjacent thereto, with pipe sizes
and materials, grades and locations indicated;
d.
Names of adjacent subdivisions and owners of adjoining parcels of
unsubdivided land (shown by dotted lines);
e.
Zoning districts;
f.
Existing contours with intervals of not more than two (2) feet. Elevations
shall be based on sea-level datum;
g.
Drainage channels and any other significant physical items;
h.
Description and location of bench mark used;
i.
North point.
3.
Items pertaining to the proposed development:
a.
Layout of streets, including names and widths of proposed streets
and widths of alleys, crosswalkways and easements. Proposed street
names shall not duplicate or too closely approximate, phonetically,
the name of any other street or road in the County;
b.
Layout, numbers and dimensions of lots;
c.
Parcels of land intended to be dedicated or temporarily reserved
for public use or to be reserved by deed covenant for use of all property
owners in the subdivision and the conditions (if any) of such dedication
or reservation;
d.
Typical street cross section (or half sections) at a scale not smaller
than one (1) inch equals five (5) feet showing widths of roadways,
surface and base of roadways and location and width of sidewalks.
Where considerable cut and fill are involved or where grading will
affect adjacent properties, several actual cross sections showing
proposed grading may be required and their locations indicated on
the plat;
e.
Profile of each street, with grades (including adequate extension,
where necessary, beyond the subdivision boundaries), including any
proposed sewer lines and manholes. Scale: horizontal, same as plat;
vertical one (1) inch equals ten (10) feet;
f.
Plan and profiles of proposed sanitary and storm water sewers, with
grades and pipe sizes. These shall include connections to outlets
which might be beyond boundaries of subdivision. (Items (e) and (f)
may be shown on a separate drawing);
g.
Plan of water distribution system with accompanying statement that
water mains and appurtenances will be installed in accordance with
the rules and regulations and under the supervision of the agency
supplying water to the subdivision;
h.
Building setback lines, shown geographically along all streets, with
dimensions,
i.
Indication of any lots on which a use other than residential is proposed
by the developer;
j.
Vicinity sketch; a vicinity sketch, at legible scale, showing relation
of the proposed development to its general surroundings, shall accompany
the preliminary plat. Proposed streets on the plat shall be shown,
with connections to existing or proposed streets and alleys in the
neighboring subdivisions. In case the plat forms only a part of an
ownership holding, all of the latter shall be shown, with a tentative
street layout for the remainder of the tract shown by dashed lines.
E.
Any
requested corrections or alterations to these plans made by the Building
Official or Planning and Zoning Commission must be returned with the
corrections made a minimum of seven (7) days prior to the next scheduled
planning and zoning meeting or it will not be heard until the following
scheduled planning and zoning meeting.
F.
The
preliminary plat will be checked by the Building Official on behalf
of the Planning and Zoning Commission as to its conformity with the
thoroughfare plan, community facilities plan and other applicable
sections of the official comprehensive development plan and other
principles, standards and requirements set forth herein. Copies of
the preliminary plat will be referred in advance of indicated meeting
of the Planning and Zoning Commission for recommendations or other
action to the City Engineer, City Health Officer and the Director
of Planning and Public Works for checking of matters within their
respective jurisdictions and approval of the improvements proposed
to be installed. Copies of the plat shall also be forwarded to the
private utility companies for their comment.
G.
Upon receipt, whenever practicable in advance of the indicated meeting of the Planning and Zoning Commission, of the recommendations and advice of action concerning matters covered in Subsection (F) above, the Planning and Zoning Commission will recommend to the Council that the subdivider be authorized to proceed or disapprove the plan or recommend to the Council that the subdivider be authorized to proceed providing specific modifications are made in the plat. Written notice of such action, including any required modifications or the reason for disapproval, shall be provided to the subdivider. Upon submission to the City Council of nine (9) prints of the preliminary plat corrected as necessary to conform with the Commission's recommendations, the City Council shall authorize or disapprove such plat and shall distribute notification of its action and copies of such plat to the subdivider, the subdivider's engineer, the City Engineer (two (2) copies), the Building Official, the Director of Planning and Public Works, and the Planning and Zoning Commission.
H.
The
City Councils authorization to proceed is subject to the understanding
that the City Engineer or other officials having jurisdiction may
require modification of any engineering or construction details proposed
by the subdivider, whenever required for the protection of public
interest.
[R.O. 2009 §25-14; Ord. No. 2928 §25-14, 12-22-1999]
A.
The
subdivider shall provide to the City copies of the documents approving
or permitting any part or all of the improvement plans required by
any governmental agency or public utility which has authority over
such improvements or will take ownership thereof upon completion.
For those improvements for which such approving or permitting documents
are provided, no further review may be necessary.
B.
Actual
construction of such facilities and improvements may commence prior
to final plat approval if the detailed improvement plans have been
approved, provided that such facilities and improvements shall be
inspected by the Building Official throughout their construction and
a wash down station is established and utilized.
C.
The
subdivider/developer shall provide to the City a guarantee of completion
of all improvement items identified by the officials having jurisdiction.
Such guarantee shall be in the amount equal to one hundred ten percent
(110%) of the estimated cost of construction of such improvements.
The guarantee shall be in one (1) of the following forms:
1.
Completion bond. A completion bond guaranteeing
performance of the subdivider/developer and construction and completion
of the improvements in the amount and within the time frame approved
by the City. The bond shall be executed by the subdivider/developer
as principal and one (1) or more corporate sureties authorized to
do business in the State of Missouri as a surety and the bond shall
run to the City of Festus. A completed bond escrow agreement shall
accompany the bond submittal and must be approved and accepted by
the City.
2.
Letter of credit. An irrevocable letter of credit
or commitment from a lending institution to the escrow agent guaranteeing
to such escrow agent the availability from time to time upon demand
of a sum which shall be not less than the amount approved by the City
in the estimate of the cost of the improvements as reflected by the
approved plan.
3.
Guarantee agreement.
a.
The subdivider/developer shall complete a guarantee agreement form
as approved by the City. The agreement will state that the securing
agent (bank or surety) guarantees that all required improvements will
be completed in accordance with approved plans. The agreement will
further state that the securing agent will release funds necessary
to complete any improvements not completed by the developer. Any securing
surety will only be released from their obligation upon successful
completion of all required improvements. Release of obligation by
any bank issuing a letter of credit may be made upon written approval
from the City upon completion of specific milestones including completion
of grading, completion of storm water improvements, completion of
streets, etc. At no time prior to completion of all improvements will
less than five percent (5%) of the total credit be guaranteed.
b.
All such agreements shall remain in effect until such time as the
City shall, by written authorization to the surety agent or bank,
release the surety from the obligations of the bond or the lending
institution from the obligation to retain the letter of credit, which
releases may be partial and may occur from time to time, as improvements
are completed and approved and as otherwise provided herein.
c.
The City will not release such obligations until such time as the
subdivider/developer has provided it with documentation that the improvements
have been completed in accordance with the approved plans, by certification
thereof issued by any governmental agency or public utility which
has authority over such improvements or will take ownership thereof
upon completion.
D.
Upon
completion and approval, where required, of all improvements, the
subdivider's engineer shall certify that all improvements have been
installed in compliance with the approved improvement plans or submit
as-built plans.
[R.O. 2009 §25-15; Ord. No. 2928 §25-15, 12-22-1999]
A.
After
the preliminary plat and the improvement guarantees have been approved,
where required, one (1) reproducible and two (2) black-line or blue-line
prints of a final plat shall be prepared and submitted to the Building
Official along with payment of the required fee. The Building Official
shall, on behalf of the Planning and Zoning Commission, review that
final plat for the conformance with the preliminary plat and the requirements
of this Chapter.
B.
A final
plat for any portion of a larger preliminary plat for which the City
Council authorization to proceed has been received, may be submitted
for approval.
C.
The
final plat shall have a maximum sheet size of twenty-four (24) inches
by thirty-six (36) inches and shall contain, as a minimum, the following
information:
2.
Graphic items pertaining to the plat:
a.
Boundary of the plat, with accurate distances and bearings and its
acreage;
b.
Exact location and width of all streets, alleys and crosswalkways
within and adjoining the plat;
c.
Bearings and distances to the nearest established street lines, section
or patent corners all in accordance with current State standards;
d.
Names of streets and alleys within and adjoining the plat. The names
of new streets shall not duplicate too closely or approximate, phonetically,
the name of any other street in the County;
e.
Lengths of all arcs, radii, internal angles, points of curvature
and tangent bearings;
f.
All easements for rights-of-way provided for public services or utilities
and any limitations of such easements;
g.
All lot numbers and lines, with accurate dimensions in feet and hundredths,
and bearings or angles related to street and alley or crosswalkway
lines;
h.
Accurate description of location, material and size of all monuments.
These shall include not less than three (3);
i.
Accurate outlines of any areas to be dedicated for public use, with
the purposes indicated thereon and of any area to be reserved by deed
covenant for common use of all property owners in the subdivision;
j.
Building setback lines shown geographically along all streets with
dimensions.
3.
Other items pertaining to the plat:
a.
Notation regarding protective covenants, if any, are to be incorporated
in deeds and shown on plat;
b.
Certification by a registered surveyor to the effect that the plat
represents a survey made and closed by him/her and that all the monuments
shown thereon actually exist and that their location, size and material
are correctly shown;
c.
A signed and notarized certification by the owner or owners of his/her
or their adoption of that plat and dedication of streets, easements
and any other public areas;
d.
Notation giving deed reference of last transfer of title to owner
making dedication;
e.
Space for statement of approval by the City Council with lines for
signature and date;
f.
The following language shall exist on every final plat: "All drainage
easements and all improvements therein, as shown on the plat, shall
not be dedicated to the City of Festus, Missouri, but shall remain
with and run with the property and shall be maintained solely by and
at the expense of the owners of the property abutting thereto."
g.
City's approval certificate.
D.
No
building permit for any dwelling shall be issued until all improvements
approved as a part of the preliminary plat have been completed across
the entire frontage of the lot to receive said dwelling. This shall
include water, sewer and street.
E.
If
the final plat is found to conform with the preliminary plat and the
requirements of this Chapter, a reproducible copy and two (2) additional
black-line or blue-line prints shall be submitted by the subdivider
to the office of the Building Official, together with a certificate
of title showing the ownership of all lands to be dedicated to the
public and that the title thereof is free and unencumbered. The final
plat will be referred to the City Engineer for checking and recommendations.
F.
Upon receipt of recommendations concerning matters covered in Subsections (A) and (E) above and provided that the final plat is found to conform with the authorized preliminary plat and the requirements of this Chapter, the Commission will recommend to the City Council the approval of such final plat. The action of the Planning and Zoning Commission on a final plat shall be taken within sixty (60) days after the submission of such plat except in the case where the subdivider agrees to extension of such time limit.
G.
The
Planning and Zoning Commission will transmit to the City Council the
reproducible copy of the final plat for Council action. The City Council
will transmit to the subdivider notification of its action and the
reproducible copy. If the Council has approved the final plat, the
subdivider, thereupon, shall provide the Building Official one (1)
reproducible copy and two (2) black-line or blue-line prints of the
approved final plat.
[R.O. 2009 §25-16; Ord. No. 2928 §25-16, 12-22-1999]
A.
The
purpose of this Section is to provide a procedure whereby the construction
of a display house can begin prior to the recording of the final plat.
B.
Procedure. After receiving approval of the preliminary plat
of a proposed subdivision from the Planning and Zoning Commission
and the City Council, the subdivider may submit a display house plat
to the Building Official for review and presentation to the Planning
and Zoning Commission for recommendation to the City Council for approval.
The following conditions must be met in the submission of the proposed
display house plat:
1.
There shall be no more than one (1) display house per ten (10) lots
of the proposed subdivision. If the subdivision is phased for construction,
only lots in the current phase will be considered.
2.
All public improvements must be completed in accordance with the
preliminary plat where display houses are to be constructed. No display
house may be constructed where streets, water and sewer facilities
are not completed.
3.
The display house plat shall include a complete outboundary survey
of the proposed subdivision and the location of each display in relation
to the proposed lots.
4.
The display house plat shall be recorded in the office of the Jefferson
County Recorder of Deeds prior to issuance of a building permit for
any display house.
5.
The display house plat shall become null and void upon the recording
of a final plat which establishes that each display is on an approved
lot.
6.
No part of the subdivision may be conveyed, nor any occupancy permit
issued, for any structure therein until the display house or houses
have been located on an approved lot.
7.
If initial construction of a display house has not commenced within
sixty (60) days, the approval of the City Council shall lapse and
the display house plat shall be null and void.
8.
Houses shall be on an approved lot of record within one (1) year
of the date of recording of the display house plat or such longer
period as may be permitted by the City Council.
9.
The display house plat shall be executed by the owner, a registered
land surveyor and lienors.
