City of De Soto, MO Assurance For Completion and Maintenance of Improvements

[CC 1988 §25-27; Ord. No. 2791 §4, 11-18-1985]

Completion Of Improvements. Before the plat is signed by the Chairman of the Planning Commission, all applicants shall be required to complete, in accordance with the Planning Commission's decision and to the satisfaction of the City Manager or his/her designee, all the street, sanitary and other improvements including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the Planning Commission and to dedicate same to the local governments, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.

Performance Bond.

The Planning Commission in its discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to signing of the subdivision plat, and that, as an alternative, the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Planning Commission as sufficient to secure to the local government the satisfactory construction, installation and dedication of the uncompleted portion of required improvements.

Such performance bond shall:

Comply with all statutory requirements and shall be satisfactory to the local government attorney as to form, sufficiency and manner of execution as set forth in these regulations.

Specify the period within which required improvements must be completed.

Not in any event exceed two (2) years from the date of final approval.

Approved by the City Council as to amount and surety and conditions satisfactory to the Council.

The Planning Commission may, upon proof of difficulty, recommend to the City Council extension of the completion date set forth in such bond for a maximum period of one (1) additional year.

Costs Of Improvements. All required improvements shall be made by the applicant, at his/her expense, without reimbursement by the local government.

Failure To Complete Improvements. For subdivisions for which no performance bond has been posted, if the improvements are not completed within the period specified by the Planning Commission in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a performance bond has been posed and required improvements have not been installed within the terms of such performance bond, the local government may thereupon declare the bond to be in default and require that all improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.

Acceptance Of Dedication Offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance of the De Soto City Council. The approval of a subdivision plat by the Commission shall not be deemed to constitute or imply the acceptance by the local government of any street, easement or park shown on such plat.

[CC 1988 §25-28; Ord. No. 2791 §4, 11-18-1985]

General Procedure And Fees. The Planning Commission shall provide for inspection of required improvements during construction and shall insure their satisfactory completion. If the City Manager or his/her designee finds upon inspection that any of the required improvements have not been constructed in accordance with the local government's construction specifications, the applicant shall be responsible for the improvements according to specifications.

Release Or Reduction Of Performance Bond.

The City Council shall not accept dedication of required improvements, nor release or reduce a performance bond, until the City Manager or his/her designee has determined that all required improvements have been satisfactorily completed.

A performance bond shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat.