[Ord. No. 020227 §1(16.1), 2-27-2002]
This Article establishes responsibility for installation of
public improvements during the land development process, guarantees
for installation, completion and maintenance of public improvements
and procedures for assessment for off-site improvements that may be
necessary as a result of development in the City of Willard. The intent
is to assure the adequate provision of public improvements necessary
to serve new development, to assure the coordinated development and
installation of improvements that are consistent with existing and
planned improvements and for the health, safety and general welfare
of the public.
[Ord. No. 020227 §1(16.2), 2-27-2002; Ord. No. 120409H §1, 4-9-2012]
A.
Developer Responsibility. Before the final plat of any subdivided
area shall be recorded or before any required permits be issued for
any development, the developer shall be responsible for the installation
of all improvements as described in this Chapter and as required as
condition of plat or development approval. The provision of said improvements
shall be at no cost to the City. In lieu of the final completion of
said improvements before the final plat is recorded, the sub-divider,
or other person who agrees with the City to make the public improvements
on behalf of the sub-divider, may post a surety bond with one (1)
or more corporate sureties engaged in the business of signing surety
bonds in the State of Missouri, an escrow agreement, letter of credit
or other appropriate security agreement, approved by the City Attorney
and the City Administrator of the City of Willard, which will ensure
to the City that the improvements will be completed by the sub-divider
provided that a plat note is included on the plat filed in the Recorder's
office reflecting the terms of the agreement and providing all construction
improvement plans have been approved by the City.
B.
Phased Development. For subdivision plats or development
plans approved in phases, no phase of a final plat or development
plan shall be recorded unless all required improvements for said phase
are installed in accordance with the requirements of this Chapter.
C.
As-Built Plans. Before the Board of Aldermen will approve
the final plat or development plan, the developer's engineer shall
certify to the City through the submission of detailed "as-built"
plans that the improvements have been constructed substantially in
conformance with the approved plans and specifications and that the
improvements are free and clear of any and all liens and encumbrances
and are ready for dedication to the City. The developer shall submit
to the City three (3) paper copies of the "as-built" plans and a copy
in an electronic format acceptable to the City.
1.
The "as-built" plans shall show actual elevations of all elevation
points shown on the approved improvement plans, computation of all
actual grades, computation of actual detention volume, actual dimensions
and locations of all structures and locations of all improvements
relative to all easements or rights-of-way. All sewer laterals shall
be located by giving a distance from the upstream manhole down to
the lateral connector.
2.
The information to be included in the "as-built" plans may be provided,
if appropriate, on the approved construction plans; but if for any
reason placing said notations on the construction plans is inappropriate
or difficult, then this information shall be presented on a separate
drawing or drawings.
3.
The "as-built" survey shall be sealed by a land surveyor registered
in the State of Missouri with the design engineer's seal and supplied
and paid for by the developer, along with any additional engineering
fees incurred by the City in connection with review or analysis of
the "as-built" survey.
[Ord. No. 020227 §1(16.3), 2-27-2002; Ord. No. 070813 §1, 8-13-2007; Ord.
No. 101228D §6, 12-28-2010]
A.
Before
any final plat or development plan shall be recorded, the developer
may be required to post a performance bond or other sufficient surety,
acceptable to the Board of Aldermen, to guarantee that the developer
will correct all defects in such improvements or facilities that occur
within two (2) years after the offer of dedication of such facilities
or improvements is accepted by the City.
B.
The
term "defects" refers to any condition in facilities
or improvements dedicated to the public that requires the City to
make repairs in such facilities or improvements over and above the
amount of maintenance that normally would be required as determined
and certified by the City's engineer and in the City's sole discretion.
If such defects appear, the guaranty may be enforced regardless of
whether the facilities or improvements were constructed in accordance
with the requirements of this Chapter.
C.
Bond.
1.
Any administrative relief granted to delay the construction of infrastructure
improvements shall not be constructed to reduce the level of infrastructure
improvements required.
2.
The use of a cash bond to guarantee delayed infrastructure improvements
shall only be authorized under the following conditions.
a.
The cost of infrastructure improvements being considered for delayed
construction shall constitute less than ten percent (10%) of the cost
of all of the required improvements within the development.
b.
The delayed improvements do not adversely affect the performance
of other infrastructure improvements.
c.
The requested delay of infrastructure improvements is directly related
to weather conditions or the availability of material. Delayed or
unavailable material requests shall be certified by the material vendors
directly to the City of Willard. The request for delay shall state
a specific time period for which delay is sought.
3.
The value of the cash bond will be determined in the following manner:
a.
The developer will prepare detailed estimates for the infrastructure
improvements being temporarily delayed and submitting same to the
City Clerk.
b.
The City Clerk shall submit all documentation to the City Engineer
for review and determination of the estimate's accuracy.
c.
The City Clerk shall forward the City Engineer's review to the developer
and set the required cash bond amount at one hundred fifty percent
(150%) of the estimated value.
4.
The cash bond shall be delivered to the City Clerk by the issuing
bond agent and shall be drafted to require signatures of both the
developer and the City Clerk before said bond can be cancelled or
redeemed. The City Clerk shall cause said bond to be stored in a secure
manner as prescribed by law or ordinance.
5.
Upon certification of the Director of Development that all of the
delayed work has been completed as designed following the final inspection,
the Mayor with the approval of the Board of Aldermen shall release
said bond to the developer.
[Ord. No. 020227 §1(16.4), 2-27-2002]
A.
Purpose. This Section is intended to ensure that new development
be responsible for the costs of off-site public improvements necessitated
by the new development.
B.
Definition And Principles. As a condition of final plat
or site plan approval, the City may require an applicant to pay all
or part of the cost of providing reasonable and necessary road and
circulation improvements and water, sewerage and drainage facilities
improvements located off site of the property limits of the subdivision
or development but necessitated or required by the development. "Necessary" improvements are those clearly and substantially
related to the proposed development.
C.
Determining Need for Off-Site Improvements.
1.
The City shall review the developer's plans and shall consider the
size and nature of the development and shall determine if the proposed
development is likely to necessitate off-site public improvements.
If initial review of the developer's plans indicates the reasonable
necessity for such improvements, the developer shall prepare and submit
an engineering report on the impact of the proposed development on
off-site improvements. The City shall provide the developer with the
following information to be utilized by the developer in preparing
the required impact study:
a.
For sanitary sewer, the existing peak hour flows, capacity limits
of the affected sewer system and acceptable standards for determining
sewer demand/generation for the proposed development.
b.
For water supply, the existing and reasonably anticipated capacity
limits of the affected water supply system in terms of average demand,
peak demand and fire demand and standards to be used for determining
water demand for the proposed development.
c.
For road and circulation improvements, capacity and design standards
as reflected in the Traffic Engineering Handbook by the Institute
of Transportation Engineers.
2.
When it is determined by the City that off-site improvements will
be impacted by the proposed development but are not immediately required
or in instances where a subsequent developer benefits from a previously
installed off-site public improvement, the following criteria shall
be used in determining the proportionate share of the costs of such
improvements which shall be paid to the developer by the subsequent
developer.
D.
Cost Allocation For Off-Site Improvements.
1.
Full allocation. In cases where off-site improvements
are made necessary by the proposed development, the developer shall
be required at his/her expense and as a condition of development approval
to install said improvements.
2.
Proportionate allocation. Where it is determined
by the City that off-site improvements shall be impacted by the proposed
development but are not immediately to be constructed and that properties
outside of the development may also be benefited by the improvements,
the following criteria shall be used in determining the proportionate
share of such costs to the developer.
E.
Roads And Circulation Proportionate Share Allocation. The
developer's proportionate share of the cost of street improvements,
alignment, channelization, barriers, new or improved traffic signals,
signs, curbs, sidewalks, landscaping, utility improvements not covered
elsewhere, the construction or reconstruction of new or existing streets
and other associated street or traffic improvements shall be as follows:
|
|
Total cost of enlargement
|
Capacity of enlargement or improvement or improvement (peak
hour traffic)
| |
|---|---|---|---|
|
|
=
|
| |
|
Developer's cost (X)
|
Development peak hour traffic to be accommodated by the enlargement
or improvement
|
F.
Sanitary Sewer Proportionate Share Allocation. The developer's
proportionate share of the cost of sanitary sewer collection facilities,
including the installation, relocation or replacement of collector,
trunk and interceptor sewers, lift stations and associated appurtenances,
shall be computed as follows:
|
|
Total cost of enlargement served by the enlargement
|
Total size of drainage area to be served by the enlargement
or improvement (acres or square feet)
| |
|---|---|---|---|
|
|
=
|
| |
|
Developer's cost (X)
|
Total size of area or tract to be development (acres or square
feet)
|
G.
Water Supply Proportionate Share Allocation. The developer's
proportionate share of the cost of water distribution facilities,
including the installation, relocation or replacement of water mains,
hydrants, valves and associated appurtenances, shall be computed as
follows:
|
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (gallons per day)
| |
|---|---|---|---|
|
|
=
|
| |
|
Developer's cost (X)
|
Development generated gallons per day to be accommodated by
the enlargement or improvement
|
H.
Drainage Improvements Proportionate Share Allocation. The
developer's proportionate share of the cost of stormwater and drainage
improvements, including the installation, relocation or replacement
of storm drains, culverts, manholes, riprap, improved drainage ditches,
detention facilities, relocation or replacement of other storm drainage
facilities and associated appurtenances, shall be computed as follows:
|
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (total capacity expressed
in cubic feet per second)
| |
|---|---|---|---|
|
|
=
|
| |
|
Developer's cost (X)
|
Development generated peak rate of runoff expressed in cubic
feet per second to be accommodated by the enlargement or improvement
|
I.
Account For Maintenance, Repair Of Road, Water Or Sewer Improvements. When it is determined through the impact study that the proposed
development will necessitate off-site road, water supply or sewer
improvement but that the improvement will be undertaken at a later
date and not coterminous with the proposed development, the developer
shall deposit with the City a sum of money equal to the impact the
development has on the need for public improvements in the future.
J.
Subsequent Development. Should the original developer
be required to assume the full allocation of costs and install public
improvements in accordance with this Chapter and, if within three
(3) years from the initial date of installation, another developer
constructs a facility in such location that the subsequent developer
or other developers benefit from the public improvements made by the
original developer, then the subsequent developer or developers shall
reimburse the original developer a proportionate share of those charges
incurred by the original developer in initially installing said public
improvements.
[Ord. No. 140414 §1, 4-14-2014]
1.
In order to determine the amount due from the subsequent developer
or developers, the original developer must provide a list of those
applicable charges for the off-site public improvements that will
then be placed, once reviewed and approved by the City, in the City's
file on the facility. This list of charges shall, at a minimum, include
the amount paid by the original developer for the installation of
said public improvement(s) and the number of lineal feet or other
standard measure (as applicable) as constructed off site.
2.
For all public improvements except for lift stations, gravity
mains and force mains, the subsequent developer(s) shall reimburse
the original developer a proportionate share of that amount of money
actually expended by the original developer in constructing the public
improvement(s) to the extent of the subsequent developer's actual
use of said public improvement(s). By way of example and not by exclusion,
should the original developer expend ten dollars ($10.00) per lineal
foot to install an appropriate water main and should the subsequent
developer(s) utilize one thousand (1,000) lineal feet of said water
main, which measure includes the distance over which the water main
lays physically across the subsequent developer's property, then the
subsequent developer shall reimburse the original developer the sum
of ten thousand dollars ($10,000.00).
3.
The subsequent developer(s) shall be responsible for no more
than the proportionate share of the cost of the installation of the
public improvement across the subsequent developer's property, and
shall only be responsible for the same should the system be usable
by the subsequent developer and only to the extent of the subsequent
developer's use of the public improvement. Should it be determined
that improvements are needed, required or necessary to the previously
installed public improvement by a subsequent developer(s), then his
or her proportionate share of those costs which would otherwise be
reimbursed to the original developer shall be reduced by the actual
costs of making the improvement, up to a total of the sum which otherwise
would be due to the original developer, and the improvements installed
by the subsequent developer(s) shall be reimbursed the same as if
the subsequent developer was the original developer.
K.
Alternate Buyout For Stormwater Off-Site Improvements.
1.
Policy. It is the policy of the City of Willard
that all development of any property in the City limits shall be designed
to minimize stormwater runoff.
2.
Requirements. All stormwater detention or retention shall be provided by the developer and shall be designed and installed pursuant to the terms of Chapter 405, Design Standards for Public Improvements.
3.
Exceptions. Whenever stormwater volume analysis
submitted by the developer's engineer and approved by the City shows
that detention has limited or minimal effect on reducing downstream
flooding, the developer may, with the permission of the City, elect
to buy out the detention volume in lieu of constructing the stormwater
detention facilities.
a.
Calculation. Whenever the stormwater analysis presented
by the developer and accepted by the City shows that detention provides
limited or no reduction in downstream flooding, the developer may
apply for a buy out of the required detention volume. The actual dollar
value is calculated at a rate of two dollars ($2.00) for each cubic
foot for the first twenty-four thousand (24,000) cubic feet, one dollar
($1.00) for each cubic foot between twenty-four thousand (24,000)
and one hundred thousand (100,000) and fifty cents ($.50) for each
cubic foot thereafter. Whenever the stormwater analysis shows that
detention will increase downstream flooding, the developer shall be
required to pay to the City the above rate for the equivalent volume
of detention required due to the increase in impervious area.
b.
Use of funds. Buy out funds shall be used by the
City to construct and maintain regional detention and conveyance systems
within the drainage basin where the stormwater facilities would have
been constructed.
L.
Engineering Design Plans For Off-Site Improvements. The
developer shall, at developer's cost, prepare engineering design plans
and specifications for the off-site public improvements and submit
the same to the City for its review. After a review thereof, City
shall approve or advise the developer of changes required in the plans
or specifications. If changes are required, the developer shall, at
developer's cost, redesign the same as required.
M.
Easements. The developer shall be responsible for acquiring
any easements necessary to construct the public improvements and shall
make said improvements as required.
N.
Dedication Of Improvements. Following the proper completion
of the public improvements according to plans and specifications approved
by City and after the City's approval, the developer shall dedicate
the same to the City and shall convey properly acquired easements
to the City.
[Ord. No. 020227 §1(16.5), 2-27-2002; Ord. No. 120409B §1, 4-9-2012]
A.
Policy. It is the policy of the City of Willard that lift
stations will not be acceptable when gravity flow is reasonably available
or when overflows of raw sewage would flow into spring recharge areas,
public water supplies, sinkholes and losing streams, except where
the developer provides additional design and construction features
sufficient to overcome environmental concerns to the satisfaction
of the City.
B.
Purpose. This Section is intended to insure to the extent
possible that the operating cost of lift stations and force mains
will not be subsidized by users of the sewer system that are outside
the area served by the force main and lift station. Due to the higher
operating costs and the environmental problems that can occur with
the operation of lift stations and force mains, the City has determined
that construction of such facilities should occur under the limited
circumstances described in this Section.
C.
TEN (10) YEAR FIXED COST
TEN (10) YEAR VARIABLE COST
PRO RATA COSTS
INCREMENTAL COST TO CONSTRUCT GRAVITY SEWERS
Definitions. For the purposes of this Section, the following
definitions of phrases shall apply:
An amount necessary to maintain and repair a lift station
for a ten (10) year period.
The estimated average utility cost for a ten (10) year period
per square foot of property to be served by a proposed lift station
and force main.
The estimated number of square feet or acres each developer
is developing compared to the total number of square feet or acres
developed or being developed to be used by a proposed lift station.
The cost per square foot, which needs to be collected so
that after ten (10) years sufficient funds are available to build
gravity sewers to replace the lift station and force main, multiplied
times the number of square feet served by the proposed lift station
and force main.
D.
Plans Required. Developers or property owners who desire to utilize a lift station and force main shall submit to the City, through the normal processes of subdivision plat or development plan approval, a plan for the installation of the lift station and force main. Said plan shall contain information as specified in the City of Willard Design Standards for Public Improvements, Article III.
E.
Apportionment Of Costs.
1.
If the City finds the cost to install a gravity sewer is less than
the cost to install the lift station and force main plus the total
of the ten (10) year fixed and variable costs and incremental costs,
then the gravity sewer shall be constructed at the cost of the developer.
2.
If the City finds the cost to install the gravity sewer is greater
than the cost to install the lift station and force main plus the
ten (10) year fixed and variable costs and incremental costs, then
the City may decide to pay the developer the difference and require
the developer to install the gravity sewer.
3.
If the City decides not to pay the additional cost for installation
of the gravity sewer, the City may allow the developer to install
gravity sewers or the lift station and force main. If the developer
elects to install the lift station and force main, then the developer
shall pay to the City the total of the ten (10) year fixed and variable
costs plus the incremental costs.
F.
Subsequent Developers.
[Ord. No. 140414 §2, 4-14-2014]
1.
For lift stations, gravity mains and force mains only, for a
three-year term after the date that the lift station starts pumping,
a subsequent developer making use of such facilities or improvements
installed by the original developer shall pay the City of Willard
the variable costs of incurred maintenance of five hundred dollars
($500.00) per acre of developed land. The subsequent developer shall,
further, pay the original developer a prorated share of those costs
of installation of said facilities or improvements and fixed maintenance
costs. If the lift station must be upgraded by the subsequent developer
to serve his or her development, said subsequent developer will not
be responsible for reimbursing the original developer his or her full
pro rata share of the original developer's costs, but shall instead
reduce said payment by those applicable costs incurred by the subsequent
developer in making the required upgrade(s), but shall be responsible
for paying to the original developer those other costs as indicated
herein.
2.
For lift stations, gravity mains and force mains only, for a
three-year term after the date that the lift station starts pumping,
should a third or fourth developer make use of a previously installed
lift station, said third or fourth developer using said facilities
or improvements shall reimburse each prior developer, who has paid
any part of the costs of installation for the facilities or improvements
being used, their pro rata share of the costs so paid.
3.
As an example only, if the total cost of an improvement is two
hundred sixty thousand dollars ($260,000.00) and the total drainage
area to be served by said improvement is four hundred (400) acres,
the per-acre cost of the improvement would be calculated as follows:
$260,000.00/400 or six hundred fifty dollars ($650.00). If said subsequent
developer is developing forty (40) acres, the subsequent developer
would reimburse the original developer six hundred fifty dollars ($650.00)
times forty (40) acres or twenty-six thousand dollars ($26,000.00).
If a subsequent developer is required to spend ten thousand dollars
($10,000.00) to upgrade or repair the original facility or improvement,
then the subsequent developer would be required to pay the original
developer twenty-six thousand dollars ($26,000.00) minus the ten thousand
dollars ($10,000.00) needed for the upgrade/repair or a total of sixteen
thousand dollars ($16,000.00).
G.
Deposit And Agreements.
1.
Prior to the commencement of construction, a developer or property
owner who desires to utilize a lift station and force main and who
has been granted approval from the Board of Aldermen to utilize the
lift station and force main shall deposit with the City:
a.
The amount of money necessary to construct the lift station as certified
by the City Engineer and approved by the City or, with City's permission,
the developer may construct the same, subject to the City's inspection
and approval.
b.
The amount of money necessary to maintain the lift station for a
period of ten (10) years as established and approved by the City,
including both fixed and variable costs as defined herein.
c.
The amount of money necessary to provide for a gravity flow sewer
as established and approved by the City, including the incremental
cost to construct gravity sewers.
2.
The City Treasurer shall establish appropriate accounts for the monies deposited by the developer under the terms of Subsection (G)(1).
3.
Simultaneous with the deposit of monies described in Subsection (G)(1), the developer shall execute any agreements with the City which may be necessary to carry out the intent of this Section.
4.
Should the amounts deposited for construction or maintenance of the
system be inadequate for the purposes for which the monies were intended,
the developer shall be responsible for prompt payment of the additional
monies needed.
H.
Use Of Funds Collected. All funds collected prior to May
1, 2012, in accordance with this Section, shall immediately be available
for use by the City for the purpose of maintaining and operating the
entire wastewater system.
