[Ord. No. 976 §3.1, 11-25-1997]
A.
Completion Of Improvements. Before the plat is signed, all
applicants may be required to complete, to the satisfaction of the
Planning Commission, 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 City free and clear of all liens and encumbrances on the
property and public improvements thus dedicated.
B.
Performance Bond.
1.
The
Planning Commission in its discretion may waive the requirement that
the applicant complete and dedicate all public improvements prior
to the 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 City the satisfactory construction, installation
and dedication of the incomplete portion of required improvements.
The performance bond shall also secure all lot improvements on the
individual lots of the subdivision as required in these regulations.
2.
Such
performance bond shall comply with the requirements of Section 89.410,
RSMo., and shall be satisfactory to the City Attorney as to form,
sufficiency and manner of execution as set forth in these regulations.
The period within which required improvements must be completed shall
be specified by the Planning Commission in the resolution approving
the final subdivision plat and shall be incorporated in the bond and
shall not in any event exceed two (2) years from date of final approval.
3.
Such
bond shall be approved by the Board of Aldermen as to amount and with
surety and conditions satisfactory to the Board of Aldermen. The Planning
Commission may, upon proof of difficulty, recommend to the Board of
Aldermen extension of the completion date set forth in such bond for
a maximum period of one (1) additional year. The Board of Aldermen
may at any time during the period of such bond accept a substitution
of principal or sureties on the bond upon recommendation of the Planning
Commission.
4.
The
applicant shall submit a construction cost estimate for all public
improvements following approval of construction plans by the Enforcement
Officer. The construction cost estimate shall be approved by the Enforcement
Officer prior to submission of a performance bond and said estimate
shall be the basis for the bonding requirements.
C.
Temporary Improvement. The developer shall build and pay
for all costs of temporary improvements required by the Planning Commission
and shall maintain same for the period specified by the Planning Commission.
Prior to construction of any temporary facility or improvement, the
developer shall file with the City a separate suitable bond for temporary
facilities, which bond shall insure that the temporary facilities
will be properly constructed, maintained and removed.
D.
Governmental Units. Governmental units to which these bonds
and contract provisions apply may file in lieu of said contract or
bond, a certified resolution or ordinance from officers or agencies
authorized to act in their behalf, agreeing to comply with the provisions
of this Article.
E.
Failure To Complete Improvements. 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
posted and required improvements have not been installed within the
terms of such performance bond, the Board of Aldermen may thereupon
declare said bond to be in default and require that all the improvements
be installed regardless of the extent of the building development
at the time the bond is declared to be in default.
F.
Acceptance Of Dedication Offers. Acceptance of formal offers
of dedication of streets, easements and parks shall rest with the
Board of Aldermen. The approval by the Planning Commission of a subdivision
plat shall not be deemed to constitute or imply the acceptance by
the City of any street, easement or park shown on said plat. The Planning
Commission may require said plat to be endorsed with appropriate notes
to this effect.
[Ord. No. 976 §3.2, 11-25-1997]
A.
General Procedure And Fees. The Planning Commission shall
provide for inspection of required improvements during construction
and insure their satisfactory completion. The applicant shall pay
to the City an inspection fee in accordance with the City's approved
fee schedule included in these regulations. The subdivision plat shall
not be signed unless such fee has been paid at the time of application.
Said fees shall be due and payable upon demand of the City and no
building permits or certificates of occupancy shall be issued until
all fees are paid. If the Enforcement Officer finds upon inspection,
that any of the required improvements have not been constructed in
accordance with the City's construction standards and specifications,
the applicant shall be responsible for completing said improvements.
Wherever the cost of improvements is covered by a performance bond,
the applicant and the bonding company shall be severally and jointly
liable for completing said improvements according to specifications.
Developers shall be given immediate notice of deficiency and are entitled
to the results of all inspections.
B.
Release Or Reduction Of Performance Bond — Certificate Of Satisfactory
Completion. The Board of Aldermen will not accept dedication
of required improvements, nor release nor reduce a performance bond,
until the Enforcement Officer has submitted a certificate stating
that all required improvements have been satisfactorily completed
and until the applicant's engineer or surveyor has certified to the
Enforcement Officer through submission of a detailed "as-built" survey
plat of the subdivision indicating location, dimensions, construction
materials and the dimensions and other information required by the
Planning Commission or Enforcement Officer that the lay-out of the
line and grade of all public improvements is in accordance with the
construction plans for the subdivision and that a title insurance
policy has been furnished to and approved by the City Attorney indicating
that the improvements shall have been completed, are ready for dedication
to the City and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation, the Board of Aldermen shall
thereafter accept the improvements for dedication in accordance with
the established procedure.
C.
Reduction Of Performance Bond. A performance bond shall
be reduced upon actual dedication of public improvements and then
only to the ratio that the public improvements dedicated bear to the
total public improvements for the plat. In no event shall a performance
bond be reduced below twenty-five percent (25%) of the principal amount.
[Ord. No. 976 §3.3, 11-25-1997]
Whenever, by reason of the season of the year, any lot improvements
required by the Subdivision Regulations cannot be performed, the Enforcement
Officer may, nevertheless, issue a certificate of occupancy, provided
there is no danger to health, safety or general welfare upon accepting
a cash escrow deposit in an amount to be determined by the Enforcement
Officer for the cost of said improvements. The performance bond covering
such lot improvements shall remain in full force and effect.
[Ord. No. 976 §3.4, 11-25-1997]
If the applicant is unable to secure adequate or satisfactory
arrangements for a performance bond, the Board of Aldermen, upon recommendation
of the Planning Commission, may accept a cash escrow deposit in lieu
thereof for the cost of lot improvements, in an amount to be determined
by the Enforcement Officer, provided there is no danger to health,
safety or general welfare upon accepting a cash escrow deposit for
the cost of said improvements. The escrow deposit shall be sufficient
to cover the cost of the improvements.
[Ord. No. 976 §3.5, 11-25-1997]
All required improvements for which escrow monies have been
accepted by the Enforcement Officer at the time of issuance of a certificate
of occupancy shall be installed by the developer within a period of
nine (9) months from the date of deposit and issuance of the certificate
of occupancy. In the event that said improvements have not been properly
installed at the end of said time period, the Enforcement Officer
shall give two (2) weeks written notice to the developer requiring
him to install same and in the event that same are not installed properly
in the discretion of the Enforcement Officer, the Enforcement Officer
may request the Board of Aldermen to authorize the City to proceed
to contract out the work for the installation of the necessary improvements
in a sum not to exceed the amount of the escrow deposit. At the time
of the issuance of the certificate of occupancy for which escrow monies
are being deposited with the Enforcement Officer, the developer shall
obtain and file with the Enforcement Officer prior to obtaining the
certificate of occupancy a notarized statement from the purchaser
or purchasers of the premises authorizing the Enforcement Officer
to install the improvements at the end of the nine (9) month period
in the event that the same have not been duly installed by the developer.
[Ord. No. 976 §3.6, 11-25-1997]
The applicant shall be required to maintain all improvements
on the individual subdivided lots and provide for snow removal on
streets and sidewalks, if required, until acceptance of said improvements
by the Board of Aldermen.
[Ord. No. 976 §3.7, 11-25-1997]
A.
The Planning
Commission may defer or waive at the time of final approval, subject
to appropriate conditions, the provision of any or all such improvements
as, in its judgment are not requisite in the interest of the public
health, safety and general welfare or which are inappropriate because
of inadequacy or lack of connecting facilities.
B.
Whenever
it is deemed necessary by the Planning Commission to defer the construction
of any improvement required herein because of incompatible grades,
future planning, inadequate or lack of connecting facilities or for
other reasons, the developer shall pay his share of the costs of the
future improvements to the City prior to signing of the final division
plat or the developer may post a bond insuring completion of said
improvements upon demand of the City.
[Ord. No. 976 §3.8, 11-25-1997]
A.
No certificate
of occupancy for any building in the subdivision shall be issued prior
to the completion of the improvements and dedication of same to the
City, as required in the Planning Commission's final approval of the
subdivision plat. In general, the extent of said street improvement
shall be adequate for vehicular access by the prospective occupant
and by police and fire equipment, prior to the issuance of an occupancy
permit. The developer shall, at the time of the dedication, submit
monies in escrow to the City in a sum determined by the Board of Aldermen
for the necessary final improvement of the street.
B.
No building
permit shall be issued for the final twenty percent (20%) of lots
in a subdivision or if twenty percent (20%) be less than four (4),
for the final four (4) lots of a subdivision, until all public improvements
required by the Planning Commission for the plat have been fully completed
and dedicated to the City.
[Ord. No. 976 §3.9, 11-25-1997]
A.
Prior
to acceptance by the City of Platte City of the improvements required
herein, the applicant shall provide one of the following to guarantee
the improvements against defects in workmanship and materials and
providing for any required repairs for the first three (3) years after
the date of acceptance of such improvements:
B.
Such
guarantee shall be in an amount equal to one hundred percent (100%)
of the estimated cost of the improvements.
