[Ord. No. 1620 §1, 9-25-2006]
A. 
General Statement. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory; the word "may" is permissive.
B. 
Definitions. To the purpose of these regulations, the terms used herein are defined as follows:
ALLEY
A minor way affording secondary access to properties which otherwise abut on a street.
BLOCK
A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BUILDING
Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
CUL-DE-SAC
A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
EASEMENT
Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.
FINAL PLAT
The map or plan or record of a subdivision and any accompanying material as described in these regulations.
FRONTAGE
That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET
Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
GRADE
The slope of a road, street or other public way specified in percentage terms.
LOT
A parcel of land occupied or to be occupied by one (1) main building or group of buildings and the accessory buildings and the uses customarily incident thereto, including such open spaces as are required under this Chapter and having frontage upon a public street. A lot, as used herein, may consist of one (1) or more platted lots or tract or tracts as conveyed or parts thereof.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Inspector.
LOT IMPROVEMENT
Any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
OWNER
Any person, group of persons, firm or firms, corporation or corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PLANNED DEVELOPMENT
A tract of land which is developed as a unit under single ownership or control and which includes two (2) or more main or principal structures.
PUBLIC IMPROVEMENT
Any drainage ditch, roadway, parkway, sideway, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the City may ultimately assume the responsibility for maintenance and operation of which may affect an improvement for which City responsibility is established. All such improvements shall be properly bonded.
REGISTERED ENGINEER
An engineer properly licensed and registered in the State of Missouri.
REGISTERED LAND SURVEYOR
A land surveyor properly licensed and registered in the State of Missouri.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for other special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the marker of the plat on which such right-of-way is established.
ROAD RIGHT-OF-WAY WIDTH
The distance between property lines measured at right angles to the centerline of the street.
SALE OR LEASE
Any immediate or future transfer of ownership, including contract of sale or transfer, of an interest in a subdivision or part thereof, whether such transfer is of fee simple title or some lesser estate, including leasehold estate, and whether by metes and bounds, deed, contract, plat, map or other written instrument.
SECONDARY THOROUGHFARES
A street which carries or is proposed to carry intermediate volumes of traffic from minor streets to major streets and which may or may not be continuous.
SETBACK
The distance between a building and the street line nearest thereto.
STRUCTURE
Anything constructed or erected which requires permanent or temporary location on or in the ground or is attached to something having a location on the ground including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, and swimming pools but excepting customary utility poles, retaining walls and boundary fences.
SUBDIVIDER
Any person who:
1. 
Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who
2. 
Directly or indirectly, sells, leases or develops or offers to sell, lease or develop or advertises for sale, lease or development any interest, lot, parcel, site, unit or plot in a subdivision; or who
3. 
Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or development a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision; and who
4. 
Is directly or indirectly controlled by or under direct or indirect common control with any of the foregoing.
SUBDIVISION
Any land improved or unimproved or any portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided into two (2) or more lots, plots, sites or other divisions of land for the purpose of offering for sale, lease or development, including resubdivision. "Subdivision" includes the division or development of residential and non-residential zoned land, including planned developments, whether by deed, metes and bounds description, map, plat or other recorded instrument and the dedication, opening or widening of any proposed or existing right-of-way for a public or private street.
SUBDIVISION PLAT
The final map or drawing described in these regulations on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the County Recorder of Deeds for filing.
THOROUGHFARES
A street designed or utilized primarily for higher vehicular speeds or for heavy volumes of traffic on a continuous route, with intersections at grade and which may have direct access to abutting properties and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.
[Ord. No. 1620 §1, 9-25-2006]
A. 
Purpose. The purpose of this Chapter is to regulate the division of land within the City of Hermann in order to promote the public health, safety and general welfare. The platting of land is the first (1st) step in the process of urban development. The arrangement of land parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks, drainage ways and utility easements will determine to a large degree the design, character and conditions in the urban area. The quality of the urban areas is of public interest. These regulations and standards for the platting of a subdivision of land for urban use are to make provision for adequate light, air, open space, drainage, traffic circulation, utilities and other needs to insure the development and maintenance of a healthy, attractive and efficient community. These regulations are designed specifically:
1. 
To protect, provide for and promote the public health, safety, convenience, comfort, morals, prosperity and general welfare of the residents of the City of Hermann.
2. 
To guide the future growth and development of the City in accordance with the Comprehensive Plan adopted by the Planning and Zoning Commission and approved by the Board of Aldermen.
3. 
To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent the overcrowding of the land and undue conflict or congestion of people, traffic or other human activities.
4. 
To protect and conserve the value of buildings and improvements and to minimize the adverse impact of development on adjoining or nearby properties.
5. 
To establish a beneficial relationship between the uses of land and buildings and the municipal street system; to require the proper location and design of streets and building lines; to minimize traffic congestion and to make adequate provision for pedestrian traffic circulation.
6. 
To establish reasonable standards of design and procedures for subdivision and resubdivision in order to further the orderly layout and use of land; and to ensure proper legal descriptions and documentation of subdivided land for the protection of both buyers and sellers of land.
7. 
To encourage the wise use and management of natural resources; to provide adequate and safe recreational areas; to maintain the natural beauty and topography of the City and to ensure appropriate development with regard to these natural features; to minimize the pollution of air, ponds and streams; to ensure the adequacy of stormwater drainage and detention as well as erosion control facilities.
8. 
To encourage and require the design and development of residential and commercial land and subdivisions of land that provide necessary public facilities and improvements including streets, facilities for storm drainage, water, sewerage, school sites and park areas in accordance with City standards.
[Ord. No. 1620 §1, 9-25-2006]
A. 
Conformance To Rules And Regulations. All proposed subdivisions shall conform to the following laws, rules and regulations:
1. 
The approved Comprehensive Plan or update thereafter;
2. 
City of Hermann zoning ordinances, building codes and construction specifications, as applicable;
3. 
Other standards and regulations adopted by the Board of Aldermen or by other applicable boards, commissions, agencies or departments of the City of Hermann;
4. 
Established goals, objectives and policies of the Board of Aldermen and the Planning and Zoning Commission; and
5. 
Applicable standards or regulations of other Federal, State, County or regional agencies.
B. 
Enforcement.
1. 
Recording of plat. No property description of any subdivision shall be entitled to be recorded in the Gasconade County Recorder of Deed's office or have any validity until it shall have been approved in the manner prescribed herein. If any unapproved property description is recorded, it shall be considered invalid and the City Attorney may cause proceedings to be instituted to have such plat or deed declared invalid.
2. 
Sale of land in subdivision. No owner or agent of the owner of any land shall transfer, sell, offer or agree to sell any land by reference to, exhibition of or by use of a property description, nor shall any person purchase such land or agree to buy such land before such property description has been approved and recorded in accordance with these regulations.
3. 
Permits. No City representative shall issue permits for any structure except where a property description has been approved in the manner prescribed herein.
4. 
Public improvements. The City and its boards, commissions and agents shall withhold all public improvements of whatever nature, including the furnishing or maintenance of streets, utilities and sewage facilities from all subdivisions subject to this Chapter which have not been approved and from all areas dedicated to the public which have not been accepted by the Board of Aldermen in the manner prescribed herein.
5. 
Revision of plat after approval. No changes, erasures, modifications or revisions shall be made in any final plat of a subdivision or in any metes and bounds description after final approval has been given under the provisions of these regulations.
6. 
Severability. It is hereby declared to be the intention of the City of Hermann that the provisions of this Chapter are severable. If any element of this Chapter is declared invalid by any court of competent jurisdiction, such judgment shall not affect or impair the integrity or validity of the remainder of this Chapter or its application to other persons, property or circumstances. The Board of Aldermen of the City of Hermann declares that the portions of this Chapter not judged invalid would have been enacted even without the portions or applications held valid.
C. 
Misrepresentation As To Construction, Supervision Or Inspection Or Improvements. It shall be unlawful for any person, firm or corporation owning an addition or subdivision or subdivision of land within the City to represent that any improvements upon any of the streets, alleys or avenues of that said addition or subdivision or a sewer in said addition or subdivision has been constructed according to the plans and specifications approved by the City's consulting engineer or has been supervised or inspected by him, when such improvement is not so constructed, supervised or inspected.
[Ord. No. 1620 §1, 9-25-2006]
A. 
Purpose. This Section is intended to outline the subdivision process in order to avoid confusion or undue hardships for the subdivider. A chronological sequence of the subdivision procedure is outlined below.
B. 
Outline Of Procedures.
1. 
It is recommended that each applicant first confer with the City's consulting engineer or authorized representative to become familiar with the applicable rules and regulations through a pre-design conference before submitting a preliminary subdivision plat. The subdivider should thus become thoroughly informed of the subdivision, zoning and setback requirements and with the Comprehensive Plan for the City or for any portion of the City affecting the territory in which the proposed subdivision is to be located.
2. 
Whenever any subdivision of land is proposed, before any contract is made for the sale of any part of the subdivision and before any permit for the development of or construction of any improvement on any land in such proposed subdivision shall be granted, the applicant shall apply for and secure approval of such proposed subdivision in accordance with the following procedures which include the following:
a. 
Pre-design conference.
b. 
Sketch plat review.
c. 
Technical design conference.
d. 
Preliminary subdivision plat and subdivision improvement plans.
e. 
Final plat.
3. 
Prior to or at the time of submission of the preliminary subdivision plat, the applicant shall pay a processing fee of seventy-five dollars ($75.00).
C. 
Pre-design Conference. A developer contemplating the development of a new subdivision should request a pre-application review conference with the City subdivision review team at least including, but not necessarily limited to, the City's consulting engineer. The objective of this procedure is to provide for an informal review of a proposes subdivision with the developer and appropriate City staff. This informal review will give the developer an opportunity to become familiar with the applicable subdivision regulations and to discuss the subdivision requirements before incurring substantial expense in making detailed plans. The developer should prepare and bring to the conference a rough sketch of the proposed subdivision.
D. 
Sketch Plan Review. Prior to submitting a preliminary plat for the subdivision of land, it is recommended that the subdivider or developer submit to the Planning and Zoning Commission a sketch plan for the tract to give the Commission an opportunity to review the project, make any necessary suggestions and approve the concept of the development prior to the developer submitting the preliminary plat. The sketch plat allows for an initial review of planning and can accommodate appropriate changes in lot configuration and density at minimum design costs. The sketch plat shall include the following information, all of which may be based on sources of information other than field survey data:
1. 
The location of the tract in relation to the surrounding area;
2. 
The approximate location of all existing structures within the tract proposed to be retained and wooded areas within the tract and within two hundred (200) feet thereof;
3. 
The names of the owners of all property adjoining the tract as disclosed by the most recent Assessor's record;
4. 
All existing streets, roads and approximate location of wet and dry weather water- courses, floodplain areas, sink holes and other significant physical features within the tract and within two hundred (200) feet thereof;
5. 
Proposed preliminary improvement plans;
6. 
Approximate location of proposed streets and property lines;
7. 
A rough sketch of the proposed site plan;
8. 
A north arrow and scale; and
9. 
Direction of and approximate distance to nearest existing major street intersection.
E. 
Technical Design Conference. After the Planning and Zoning reviews and comments on the sketch plan, a technical design conference is recommended. The voluntary technical design conference provides an opportunity for the applicant to voluntarily review with the City's consulting engineer and other appropriate City personnel, the City's design and construction standards as they affect the applicant's development objectives. This procedure will enable the applicant to receive the benefit of input from City personnel prior to the design of the subdivision improvement plans and the preliminary plat.
F. 
Preliminary Subdivision Plat. The preliminary subdivision plat is accompanied by detailed subdivision improvement plans indicating engineering plans for grading, street design, sanitary and storm sewerage, easements to be created and similar data design information. The preliminary plat shall be prepared by a licensed land surveyor. Improvement plans should be prepared by a registered professional engineer. The survey work for a preliminary subdivision plat should provide sufficient information regarding a proposed subdivision of land to allow the Commission to evaluate the site development concept as it relates to the City's goals and objectives in general and for the area being subdivided in particular and to decide on the merits of the proposed subdivision. Plans shall be drawn at a horizontal scale of not more than one (1) inch equals fifty (50) feet and a vertical scale of one (1) inch equals ten (10) feet and map sheets shall be no greater than twenty-four (24) inches by thirty-six (36) inches. The following information should be included on the preliminary plat:
1. 
All information required in Section 430.040(D) "Sketch Plan".
2. 
The location of property with respect to surrounding properties and the names of the owners of surrounding property; the names of adjacent streets.
3. 
The location and dimensions of all boundary lines of the property to be expressed in feet and decimals, along with bearings and angles of all lines.
4. 
A key map showing the tract and its relation to the surrounding area.
5. 
The location of existing streets, easements, water bodies, streams, railroads, buildings, parks, drainage ditches and other pertinent features on adjoining property within two hundred (200) feet on the border of the subject tract.
6. 
The name proposed for the tract or such part thereof as is proposed to be subdivided, which shall be original and not a duplication of the name of any previously recorded subdivision or development in Gasconade County. The developer shall include a certification from the Recorder of Deeds office to this effect.
7. 
The north point, date and scale.
8. 
Sufficient existing and proposed contour data to indicate the slope and drainage of the tract and the high and low points thereof. Contours shall be with the intervals of two (2) feet referred to sea level datum. Contour data shall extend two hundred (200) feet beyond the limits of the subdivision boundaries. U.S.G.S. data is required.
9. 
Location of existing sewers, water mains, culverts or other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades.
10. 
All parcels of land intended to be dedicated for public use or reserved for the use of all property owners in the proposed subdivision.
11. 
A copy of all restrictions or limitations to be placed upon the use and enjoyment of the proposed subdivision.
12. 
Layout, names and widths of all proposed streets, including profiles of each street, with tentative grades and cross sections of proposed streets. Provide detail of paved approaches within right-of-way.
13. 
Locations of all easements.
14. 
Location, size of all storm sewers, sanitary sewers, water lines, street lights, fire hydrants and other utilities.
15. 
Layout, location, dimensions and area of all proposed lots with identification of each lot and showing all setback lines.
16. 
Title block indicating the date of plan submission to the Planning and Zoning Commission and the following names and addresses:
a. 
The record owner or owners of the tract;
b. 
The engineer and land surveyor who will design improvements for and survey the tract or such part thereof as is proposed to be subdivided;
c. 
The party for whom the plat was prepared;
17. 
The approximate area of the tract stated in tenths (0.1) of an acre.
18. 
The results of any tests made to ascertain subsurface rock and soil conditions and the water table.
19. 
The zoning district, including delineation of floodplain zone, if any, and the Township, Range, Section and U.S. Survey and any other special district in which the tract is located.
20. 
Any proposed alteration, adjustment or change in the elevation or topography of any area in a floodplain zone or shown on the Federal Emergency Management Agency's (FEMA) flood boundary and floodway maps.
21. 
Proposed type of treatment or method of sewage disposal to include name of trunk line, lateral or qualified sewage treatment system, where applicable.
22. 
If the developer intends to subdivide any portion of the parcel into a multiple dwelling unit subdivision, then the preliminary plat shall, in addition, include the following data:
a. 
Gross area of tract;
b. 
Area in street;
c. 
Net area of tract;
d. 
Maximum number of units allowed;
e. 
Maximum number of units proposed;
f. 
Parking ratio;
g. 
Distance between structures.
23. 
A certification by a registered land surveyor or engineer who prepared the plat that the plat is a correct representation of all existing and proposed land divisions.
24. 
Dimension curb cuts on all non-residential developments.
25. 
Provide arrows showing traffic pattern for all non-residential development.
26. 
Provide parking calculations indicating number required and number provided for all multi-family, commercial and industrial development.
27. 
The approximate location and size of culverts, storm sewers, impoundments and other stormwater management facilities on or immediately adjacent to the site.
28. 
Indicate basic soil erosion control plan to be utilized during site development.
29. 
Recreational area, if proposed, will delineate the type of facilities and who will be responsible for operation and maintenance of same.
30. 
The accurate outline of all property which is offered for dedication for public use and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions with the purpose indicated thereon. All lands dedicated to the public use shall be marked on each plan "Dedicated to the Public" and shall be accepted, in writing, by the Governing Body of the City by affixing the signature of the duly designated official on the plat.
31. 
Specify landscape plan and bufferyards as necessary.
32. 
Provide copies of any proposed private restrictions including boundaries of each type of use restriction.
33. 
Proof of NPDES stormwater permit for developments of five (5) acres or more.
34. 
Stormwater computations, plans and specifications, related development in report form sealed by a professional engineer, registered in the State of Missouri.
35. 
All other requirements set forth in Section 490.035 "Stormwater Management Standards".
G. 
Submission Review Procedure.
1. 
Submission by applicant. The applicant shall submit eight (8) copies of the preliminary subdivision plat to the Planning and Zoning Commission at least twenty (20) working days prior to the next regularly scheduled Planning and Zoning Commission meeting.
2. 
City's consulting engineer review. Prior to submission to the Commission, the City's consulting engineer shall review the application to ensure that the preliminary subdivision plat:
a. 
Meets all submission requirements. Any plat and application that does not contain all required information shall not be accepted for review by the Planning and Zoning Commission.
b. 
Substantially meets all land development standards of this Title and those of any other applicable City regulations. The City's consulting engineer shall identify all deficiencies and issues to be addressed in more detail and resolved in the subdivision improvement plans or in the final subdivision plat to the satisfaction of the City. The City's consulting engineer shall submit a report to the Planning and Zoning Commission regarding staff views and comments.
3. 
Planning and Zoning Commission. The Planning and Zoning Commission shall consider the merits of the preliminary subdivision plat and review the comments of related City staff at its next regular meeting. By majority vote, the Planning and Zoning Commission shall recommend approval or disapproval of the preliminary plat. A vote of disapproval shall be accompanied by reasons for such action. In approving a preliminary subdivision plat, the Commission may impose conditions to be resolved in the final subdivision plat.
4. 
Board of Aldermen action. After consideration and recommendation of the preliminary plat by the City's consulting engineer and Planning and Zoning Commission, the preliminary plat and construction plans shall be submitted to the Board of Aldermen for their approval. Such approval or rejection shall be given within sixty (60) days after the Board of Aldermen receives the Planning and Zoning Commission's recommendation. After approval of the preliminary plat and construction plans by the Board of Aldermen, the Mayor and City Clerk shall sign one (1) copy of the preliminary plat and construction plans and return the same to the developer or subdivider not later than seven (7) days after approval is given.
5. 
Effect of approval. Upon receipt of the signed copy of the preliminary plat and construction plan, the developer or subdivider shall be authorized to begin construction of the minimum improvements as required herein on the entire subdivision or the section or plat of the subdivision so approved. All minimum improvements shall be installed and approved before the final plat is submitted to the City unless written approval is given by the Board of Aldermen to complete said improvements as the subdivision is developed.
a. 
In lieu of the completion of the minimum improvements previous to the final approval of a plat, the Board of Aldermen shall accept, at the option of the developer, an escrow secured with cash or an irrevocable letter of credit deposited with the City. The City may accept a surety bond and such bond shall be in an amount and with surety and other reasonable conditions, providing for and securing the actual construction and installation of the minimum improvements within a period specified by the Board of Aldermen and expressed in the bond. The release of any such escrow, letter of credit or bond by the Board of Aldermen shall be as specified in this Section. The Board of Aldermen may enforce the escrow or bond by all appropriate legal and equitable remedies.
b. 
In the event a developer who has posted an escrow or letter of credit or bond with the City in accordance with Subsection (G)(5)(a) transfers title of the subdivision property prior to full release of the escrow, letter of credit or bond, the City shall accept a replacement escrow or letter of credit from the successor developer in the form allowed in Subsection (G)(5)(a) and in the amount of the escrow or letter of credit held by the City at the time of the property transfer and, upon receipt of the replacement escrow or letter of credit, the City shall release the original escrow or letter of credit in full and release the prior developer from all further obligations with respect to the minimum improvements if the successor developer assumes all of the outstanding obligations of the previous developer. The City may accept a surety bond from the successor developer in the form allowed in Subsection (G)(5)(a) and in the amount of the bond held by the City at the time of the property transfer and, upon receipt of the replacement bond, the City shall release the original bond in full and release the prior developer from all further obligations with respect to the minimum improvements.
c. 
Any escrow or bond amount held by the City to secure actual construction and installation on each component of the improvements or utilities shall be released within thirty (30) days of completion of each category of improvement or utility work to be installed, minus a maximum retention of five percent (5%) which shall be released upon completion of all improvements and utility work. The City shall inspect each category of improvement or utility work within twenty (20) business days after a request for such inspection. Any such category of improvement or utility work shall be deemed to be completed upon certification by the City's consulting engineer that the project is complete in accordance with the ordinance of the City including the filing of all documentation and certifications required by the City, including the filing of as-built drawings as required by Section 430.040(G)(7) with the City's consulting engineer, in complete and acceptable form. The release shall be deemed effective when the escrow funds or bond amount are duly posted with the United States Postal Service or other agreed-upon delivery service or when the escrow funds or bond amount are hand delivered to an authorized person or place as specified by the owner or developer.
d. 
If the City has not released the escrow funds or bond amount within thirty (30) days as provided in this Section or provided a timely inspection of the improvements or utility work after request for such inspection, the City shall pay the owner or developer, in addition to the escrow funds due the owner or developer, interest at the rate of one and one-half percent (1½%) per month calculated from the expiration of the thirty (30) day period until the escrow funds or bond amount have been released. Any owner or developer aggrieved by the City's failure to observe the requirements of this Section may bring a civil action to enforce the provisions of this Section. In any civil action or part of a civil action brought pursuant to this Section, the court may award the prevailing party or the City the amount of all costs attributable to the action, including reasonable attorneys' fees.
6. 
Preliminary plat effective date.
a. 
Approval of the preliminary plat shall be effective for a period of two (2) years. Any subdivision in which the final plat has not been submitted for approval within this period shall be null and void and the developer shall be required to resubmit a new plat for preliminary approval subject to all new subdivision regulations and zoning.
b. 
If the final plat has been approved without construction of the minimum improvements, if said minimum improvements are constructed within two (2) years of final plat approval, they shall be constructed according to the regulations in effect at the date of final plat approval. If said minimum improvements are constructed more than two (2) years after final plat approval, they shall be constructed according to the regulations in effect at the date construction commences.
7. 
Certification of improvements. Prior to approval of the final plat the City's consulting engineer and City Clerk will certify to the Board of Aldermen that the improvements have been completed to their satisfaction or that the necessary and required steps have been taken to see that they shall be completed as proposed. No final plat shall be approved until the subdivider or developer has paid the City all fees for inspection of subdivision improvements as determined as follows:
a. 
Grading inspection: fifteen dollars ($15.00) per acre.
b. 
Street inspection: thirty dollars ($30.00) per one hundred (100) linear feet of street.
c. 
Water line inspection: fifteen dollars ($15.00) per one hundred (100) linear feet of water line installed.
d. 
Sanitary sewer main inspection: fifteen dollars ($15.00) per one hundred (100) linear feet of sewer main installed.
e. 
Storm sewer line inspection: fifteen dollars ($15.00) per one hundred (100) linear feet installed.
[Ord. No. 1620 §1, 9-25-2006]
A. 
The final subdivision plat shall be presented at the same scale and contain the same information as the preliminary plat reflecting all changes made since the approval of the preliminary plat. The final plat should not indicate any existing features to be discontinued, removed or changed upon the completion of the subdivision; and the final plat should exclude location of existing property lines to be discontinued or combined, contour lines, existing buildings to be removed or trees. All revision dates shall be shown as well as the following:
1. 
All monuments, erected corners and other points established in the field in the proper places.
2. 
The material of which the monuments, corners or other points are made. All metal monuments shall indicate the kind of metal, the diameter and length of the monument.
3. 
A certificate to the effect that all general and special taxes on the property have been paid.
B. 
The final plat shall be prepared by a land surveyor licensed by the State of Missouri.
C. 
Upon approval of the final plat, the plat shall be signed by the City Clerk and the plat shall be recorded in the office of the Recorder of Deeds for Gasconade County, Missouri, and in the plat book of the City of Hermann, Missouri, at subdivider's or developer's expense.
[Ord. No. 1620 §1, 9-25-2006]
A. 
Approval of a final subdivision plat does not constitute formal acceptance by the City of Hermann of the offer of dedication of any streets, sidewalks, sanitary sewers, storm sewers, other utility infrastructures, parks or other public facilities shown on a plat.
B. 
The aforementioned offer of dedication will only be considered for acceptance by the Board of Aldermen when the developer submits a formal written request petitioning for acceptance of the street right-of-way to the City's consulting engineer after all dedicated areas have been constructed in their entirety.
C. 
An affidavit from a registered engineer in the State of Missouri must accompany the developer's written request which shall affirm that all public improvements have been constructed in accordance with the standards and specifications of the original approved engineered plans and that all new streets have in fact been constructed within the platted right-of-ways and dedicated easements of the development. Any infrastructure improvements found to be constructed outside the duly platted right-of-way or easements areas will require the submittal of a duly recorded easement showing the Gasconade County Recorder of Deed's certification. Request will not be processed or considered unless all necessary easements are duly filed and a copy of such is filed with the City's consulting engineer.
D. 
As-Built Construction Drawings. The developer shall submit construction (as-built) drawings to the City's consulting engineer upon completion of the project and prior to final acceptance of the project by the Board of Aldermen. The design engineer shall provide the City with three (3) sets of prints for all infrastructure improvement projects corrected to show the project as constructed and shall accurately and completely denote all changes made during the course of the work. Drawings shall also be submitted electronically in AutoCAD 2004 or later version in City's coordinate system.
E. 
Each sheet within the plans shall be clearly marked as "conforming to construction records" and shall include the date of revision and certifications by the engineer. Failure to provide the required documentation delineating the "as-built" construction of the improvements will delay the processing of the developer's request until compliance with this requirement is met. As-built plans shall contain the following graphical infrastructure improvements that were constructed to support the development:
1. 
Original platted street rights-of-way and dedicated easement alignments; and
2. 
"As-built" locations of all completed street roadways, curbs and gutters, sidewalks and driveway entrances; and
3. 
"As-built" locations of all completed sanitary sewer mains and service lines, water mains, electric primary lines, natural gas lines and stormwater conveyances; and
4. 
"As-built" locations of all water meters and valves, gas valves, manholes, stormwater inlets, fire hydrants, street lights; and
5. 
"As-built" finished road grade profiles and original profile grades.
F. 
The City's consulting engineer shall submit a copy of the developer's request and the engineer's affidavit to the City Administrator for the purpose of scheduling the request with the Planning and Zoning Commission as is required by Chapter 89, RSMo. A written recommendation from the City Administrator shall accompany the documentation and shall summarize the acceptability of the plans, construction methods, testing and inspection results that are required by this regulation.
G. 
The recommendations of the Planning and Zoning Commission shall be forwarded to the Board of Aldermen for their final review and approval of the offer of dedication by the developer. Upon the acceptance of the offer of dedication by the Board of Aldermen, the bond may be released back to the developer in whole or in a portion thereof as determined by the Board of Aldermen.
H. 
The developer shall remain and be held responsible for the abatement of any and all defects of the accepted dedicated areas for a period not to exceed twenty-four (24) months.
[Ord. No. 1620 §1, 9-25-2006]
All street, sanitary sewer and water improvements required herein for subdivisions shall be in accordance with the improvement plans, specifications and construction standards guidelines contained in Chapters 431 through 440, supra.
[Ord. No. 1620 §1, 9-25-2006]
A. 
General. Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with the regulations contained in Chapters 430 through 440, it may approve a waiver of the application of any certain Code Section so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of these regulations; and further provided, the Planning Commission shall not recommend variations unless it shall make findings based upon the evidence presented to it in each specific case that:
1. 
The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
2. 
The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable generally to other property;
3. 
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out;
4. 
The variation will not in any manner vary the provisions of the zoning order, master plan or major highway plan.
B. 
Conditions. In recommending variations and exceptions, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations.
C. 
Procedures. A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Planning Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
[Ord. No. 1620 §1, 9-25-2006]
Any person who sells a lot without establishing a subdivision in accordance with this Title or sells a lot by metes and bounds shall be guilty of a misdemeanor and shall be fined not more than three hundred dollars ($300.00) for every such sale.
[Ord. No. 1620 §1, 9-25-2006]
Any regulation or provision of this Chapter may be changed and amended from time to time by the Board of Aldermen; provided that such changes or amendments shall not become effective until after a study and report by the City Plan Commission and until after a public hearing has been held. Notice of such a public hearing shall be given by publication in a newspaper of general circulation in the City at least fifteen (15) days prior to such hearing.