City of Cottleville, MO Article VII Miscellaneous Provisions

Section 400.160 Escrow Agreement Provisions.

[Ord. No. 219 §§1 — 3, 5-4-1995]

A. Every developer intending to construct improvements within the City shall, before obtaining approval of the record plat of any development or subdivision in this City, execute an escrow agreement guaranteeing public improvements in a form which is on file in the City offices and shall provide proof of the deposit of the sum required by such escrow agreement with an escrow holder satisfactory to the City.

B. The terms of such escrow agreement are incorporated by reference herein and the developer shall be subject to all obligations, conditions and penalties set forth therein.

C. The Mayor, City Attorney and City Engineer are hereby authorized to jointly revise any terms of such escrow agreement guaranteeing public improvements as they deem necessary, appropriate and not adverse to the public interest.

Section 400.170 Wireless Facilities Permit.

[Ord. No. 1748, 1-16-2019]

A. Intent And Purpose. Any person making an eligible facilities request for a modification of an existing wireless support structure or base station that is not a substantial modification of a wireless support structure must apply to the Director of Public Works for a wireless facilities permit. An application for a wireless facilities permit shall be made on an application form provided by the Director of Public Works. The application shall be accompanied by the fee set forth in the fee schedule, as provided by Section 405.790 of the Municipal Code, payable to the City to cover the costs of administrative expenses associated with the review of the application. No part of such fee shall be returnable to the applicant. The Director of Public Works may not deny, and shall approve, such wireless facilities permits.

B. Procedure. All applications for a wireless facilities permit shall comply with the procedures set forth in this Subsection (B).

1. An applicant for a wireless facilities permit shall submit the application and all attachments to the Director of Public Works.

2. Each application shall be signed by all fee owners of the real property for which the permit is sought or by their agent or agents having authority to sign the application on their behalf, accompanied by proper evidence of such agency relationship, and by the applicant, if other than the fee owners. The application shall be submitted to the Director of Public Works and shall contain or be submitted concurrently with the following information:

a. A legal description of the property to be affected, including one (1) hard printed copy and one (1) electronic copy in a Microsoft Word compatible format;

b. A scaled map of such property, correlated with the legal description and clearly showing the property's location;

c. The names, addresses and telephone numbers of the applicant, all the fee owners of such property and their agents, if any, and copies of the deeds on file with the office of the St. Charles County Recorder of Deeds evidencing such ownership;

d. A copy of a lease, letter of authorization or other agreement from the property owner(s) evidencing the applicant's right to pursue the application;

e. Date of filing with the Director of Public Works;

f. The present zoning, proposed change of zoning, if any, and proposed use of such property;

g. Signature(s) of the applicant and owner(s) certifying the accuracy of the required information. If the owner(s) of the property or the applicant are a trust or business entity, then proof of the party executing the application must be provided by way of resolution, minutes, bylaws, articles of incorporation or some other reasonable means;

h. Site Plan. See Article VI of Chapter 405 (unless deemed unnecessary by the Director of Public Works);

i. A to scale visual description of the type of any wireless support structure, base station and wireless facility for which permission is sought by the applicant and the eligible facilities request being made;

j. Copies of any submitted applications for building permits, electrical permits, road closure permits and/or architectural or engineering permits;

k. Proof of liability insurance coverage against any damage or personal injury caused by the negligence of the applicant or its employees, agents or contractors. Such insurance coverage must be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or equivalent and must be maintained in force for the duration of the period during which the applicant holds the permit and for the all applicable statute of limitations periods. Certificates evidencing such insurance shall be furnished to the City prior to the issuance of the permit and must state, "The City of Cottleville is an additional insured," on a primary and non-contributory basis. The Certificate Holder shall be listed as "City of Cottleville, Attention City Clerk, 5490 Fifth Street, Cottleville, MO 63304" and the certificate shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days' written notice to the City. In the alterative of such insurance coverage, an applicant must demonstrate that it has in effect a comparable self-insurance program; and

l. All other information deemed necessary by the Director of Public Works to show compliance with the requirements of applicable law or City ordinance.

3. Applications for a wireless facilities permit are not subject to the City's zoning or land use requirements, including design or placement requirements, or public hearing review.

4. Within forty-five (45) calendar days of receiving an application for a wireless facilities permit, or within such additional time as may be agreed to by the applicant and the City, the Director of Public Works shall:

a. Review the application for completion and in light of its conformity with Chapter 500 of the Municipal Code, recognized industry standards for structural safety, capacity, reliability, and engineering, and consistency with Sections 67.5090 to 67.5103, RSMo.

(i) An application is deemed to be complete unless the Director of Public Works notifies the applicant, in writing, within fifteen (15) calendar days of submission of the application, of the specific deficiencies in the application which, if cured, would make the application complete. This notice must specify the Municipal Code provision, ordinance, application instruction, or other publicly-stated procedure that requires the information to be submitted. All deadlines for action in this Section shall be tolled from the time the Director of Public Works sends such notice to the applicant to the time the applicant provides the missing information.

(ii) Upon receipt of a timely written notice that an application is deficient, an applicant may take fifteen (15) calendar days from receiving such notice to cure the deficiencies.

(iii) After the applicant makes a supplemental submission in response to this notice, the Director of Public Works must notify the applicant within ten (10) calendar days if the supplemental submission did not provide the information identified in the original notice of incompleteness. Missing documents or information that is not delineated in the original notice of incompleteness may not be delineated in this subsequent notice. All deadlines for action in this Section shall be tolled from the time the Director of Public Works sends such notice to the applicant to the time the applicant provides the missing information.

(iv) If the applicant cures the deficiencies within said period of fifteen (15) calendar days from receipt of the initial notice of incompleteness, the application shall be reviewed and finally acted upon within forty-five (45) calendar days from the initial date the application was received.

(v) If the applicant requires a period of time beyond fifteen (15) calendar days to cure the specific deficiencies, the forty-five (45) calendar day deadline for the City to review the application, make the final decision, and advise the applicant, in writing, of its final decision, shall be extended by the same period of time.

(vi) Applications for building permits, electrical permits, road closure permits and/or architectural or engineering permits shall be considered, and final decisions rendered, in accordance with the time frames set forth in this Section.

b. Make its final decision to approve or disapprove the application; and

c. Advise the applicant, in writing, of its final decision.

5. If the Director of Public Works fails to act on an application for a wireless facilities permit within the forty-five (45) calendar day review period specified in Subsection (B)(4) of this Section, or within such additional time as may be mutually agreed to by an applicant and the Director of Public Works, the application shall be deemed approved.

6. A party aggrieved by the final action of the Director of Public Works, either by the Director of Public Works affirmatively denying an application under the provisions of this Section or by the Director of Public Works' inaction, may bring an action for review in any court of competent jurisdiction within the State of Missouri.

C. Indemnification. An applicant issued any permit under this Section shall indemnify and hold the City, its officers and employees, harmless against any damage or personal injury caused by the negligence of the applicant or its employees, agents or contractors.