[R.O. 1993 § 410.080; Ord. No.
785 § 1, 7-18-2005]
A.
The following provides a brief summary of the steps in applying for
and securing approval of any subdivision of land within the City:
B.
Multiple Petitions. When a proposed subdivision would require that
the tract or portion thereof be rezoned, a rezoning petition shall
be initiated by the applicant simultaneously with the application
for preliminary plat approval. If the proposed development involves
a subdivision of land, rezoning or special land use permit, all petitions
shall be initiated simultaneously.
C.
Upon submittal of a preliminary plat, applicant shall pay to the City a fee of one thousand dollars ($1,000.00) to cover administrative costs incidental to processing of the plat. Other fees may be required for processing of development plans or other documents as provided by Chapter 405 of this Code.
D.
Upon submittal of a preliminary improvement plan, applicant shall
pay to the City a fee of seven hundred fifty dollars ($750.00) to
cover administrative costs incidental to processing of the improvement
plan.
[R.O. 1993 § 410.090; Ord. No.
785 § 1, 7-18-2005]
A.
Purpose And Intent. The preliminary procedure is intended to provide
sufficient information to allow the City to evaluate the proposal
as it relates to the physical characteristics of the site and its
relationship to the surrounding area. In addition, the preliminary
information is intended to provide sufficient information to determine
its compliance with the Municipal Code.
B.
General Requirements. The preliminary plat and preliminary development
plan shall be drawn at any scale, from one (1) inch equals twenty
(20) feet to one (1) inch equals one hundred (100) feet, in increments
of ten (10) feet, on one (1) or more sheets not less than twenty-four
(24) inches by thirty-six (36) inches or greater than thirty-six (36)
inches by forty-two (42) inches in size. A North arrow, scale, date,
sheet number and revision date block shall be on each sheet.
C.
Preliminary Record Plat Submittal Requirements. The plat shall contain
the following information:
1.
The name of the proposed subdivision, which shall be original
and not a duplication of the name of any previously recorded subdivision
or development in St. Louis County.
2.
A vicinity map showing the relationship of the tract to be subdivided
to the surrounding community. The vicinity map shall cover an area
within a radius of one (1) mile of the proposed subdivision at a scale
of one (1) inch equals two thousand (2,000) feet. The map shall generally
locate arterial streets, highways, railroads and any significant landmarks
which help to locate the subdivision tract.
4.
Outer boundary of entire parcel and all lot lines.
5.
The area of each tract stated in the nearest tenth (0.1) of
an acre and the minimum square footage of proposed lots in square
feet. Provide written legal descriptions of the original tract and
all proposed lots therein, except that a legal description of the
proposed lots shall not be required for single-family and two-family
lots within the subdivisions.
6.
All easements, existing and proposed.
7.
The owners of record of land adjoining the area proposed to
be subdivided.
8.
Certification of the boundary survey by a registered land surveyor.
9.
Certification by owner(s) of property, notarized and corporate
seal (if applicable).
10.
The following City certification:
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I, _________________, City Clerk within and for the City of
Bel-Nor, Missouri, hereby certify that this plat has been approved
by the City Board of Bel-Nor, Missouri, by Ordinance _________ adopted
on the _____ day of _________, _____.
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D.
Preliminary Development Plan Submittal Requirements. The plan shall
contain the following information:
2.
Delineation and widths of proposed street rights-of-way, including
radii of curves, culs-de-sac and any additional rights-of-way along
existing streets as may be required by the City or other public entity
having jurisdiction, indicating all rights-of-way proposed for dedication
to the City or other public entity.
3.
Building setback lines, including side yard, rear yard or other
required building setbacks associated with each proposed lot, in accordance
with the applicable zoning district classification.
4.
Identification and delineation of lots, streets, alleys and
easements associated with all adjoining subdivisions, drawn to the
same scale in dashed or half-toned lines for a distance of one hundred
fifty (150) feet from the boundaries of tract proposed to be subdivided.
5.
Delineation of plat phases, if the subdivision is to be established
in phases.
6.
The present zoning classification(s) of the tract(s) to be subdivided,
the zoning of adjoining properties and the proposed zoning, if applicable.
7.
Identification and delineation of any buffer areas required
by this Code.
8.
Proposed use of each lot within the proposed subdivision.
9.
Preliminary grading plan showing existing and proposed contour
data at not more than five-foot intervals. Contour data shall extend
one hundred fifty (150) feet beyond the limits of the subdivision
boundaries. USGS data is required.
10.
The location of all existing and proposed water mains, gas mains
or other public utilities within the tract to be subdivided, including
delineation of easements or rights-of-way associated with same.
11.
Preliminary site drainage system designed in accordance with
the requirements of MSD and showing any proposed drainage swales,
detention or retention areas, storm sewer systems, culverts and any
other storm drainage improvements, including any off-site improvements.
12.
Preliminary layout of the sanitary sewer collection system designed
in accordance with the requirements of MSD and showing routing, manhole
locations, lift stations and any other pertinent sanitary sewer facilities
necessary to service the development.
13.
The delineation of FEMA designated floodplain and floodway boundaries,
if any.
14.
Any proposed alteration, adjustment or change in the elevation
of any floodplain or floodway as designated on the FEMA floodplain
and floodway maps.
15.
Other significant natural features, such as rock outcroppings,
sinkholes and any other key natural features of the site.
16.
The results of any tests made to ascertain subsurface conditions
and water table.
17.
Sound study and preliminary noise attenuation measures that
are proposed to be made in accordance with the requirements of this
Chapter.
E.
Preliminary Improvement Plan Submittal Requirements.
1.
Preparation Of Plans. All engineering related plans and specifications
shall be prepared, signed and sealed by an engineer. Landscape plans
shall be prepared by a landscape architect.
2.
Improvement Plan Drawings. Except as otherwise required herein,
the improvement plans shall be drawn at any scale from one (1) inch
equals twenty (20) feet to one (1) inch equals one hundred (100) feet
in increments of ten (10) feet on one (1) or more sheets not greater
than twenty-four (24) inches by thirty-six (36) inches in size, which
shall include a North arrow, scale, date, sheet number and revision
date block on each sheet. The improvement plans shall contain the
following information:
a.
Title Page And Index. The title page shall include the proposed
name of the subdivision and show the name, address and telephone number
of the developer and the engineering/landscape design firm(s) who
prepared the plans. An index of sheets within the plan set shall also
be provided and may be placed on the title page.
b.
Key Map. If the subdivision is to be built in phases, provide
a key map of the tract showing the general layout of the entire subdivision
with the applicable phase highlighted.
c.
Street And Utility Plans.
(1)
Plans And Profiles. Plans and profiles for streets,
sanitary sewers and storm sewers shall be drawn at a scale of one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical or as otherwise approved by the Building Commissioner.
(2)
Streets And Sidewalks. Typical street cross sections
shall be shown with complete dimensions and construction information.
Street profiles shall be provided showing existing and proposed elevations
at fifty (50) foot intervals on the center line.
(3)
Sanitary Sewers. Sanitary sewer plans shall show
the alignment of all sewer mains, manhole locations and proposed easement
locations and dimensions. Specific drawing information shall be in
accordance with the requirements of MSD.
(4)
Water Distribution. Water distribution plans shall
show the alignment of all water mains and location of fire hydrants
and proposed easement locations and dimensions. Specific drawing information
shall be in accordance with the requirements of the St. Louis County
Water Company.
(5)
Storm Drainage Plans. Storm drainage plans shall
include all storm drainage facilities and proposed easement locations
and dimensions. Specific drawing information shall be in accordance
with the requirements of MSD.
(6)
Lighting Plans. Show the location of proposed streetlights
and indicate the type of light standards, fixtures and the rated output
(lumens) of the light sources.
(7)
Other Utility Plans. Show proposed easement locations
and dimensions for any other utilities. Drawing information requirements
for other utilities (e.g., electric, gas, telephone, cable television,
etc.) shall be in accordance with the requirements of the applicable
utility company.
d.
Grading, Storm Drainage And Erosion Control Plans.
(1)
Grading And Excavation Plans. Existing and proposed
contours shall be shown at intervals of not more than two (2) feet.
Additional spot elevations shall be provided as necessary to accurately
determine existing site elevations. Existing contours and spot elevations
shall be based on actual field survey data. USGS datum shall be used
with one (1) or more benchmarks shown, in or near the subdivision,
to which the subdivision is referenced. Retaining wall locations and
details shall also be included with this set of plans.
(2)
Erosion/Siltation Control Plans. Erosion control plans shall include details of temporary and long-term soil stabilization measures to be taken as required in Section 410.280 of this Chapter and by MSD as applicable to storm drainage facilities.
(3)
Land Disturbance Permit Required. If construction
activities disturb land or entail the grading of an area that is five
(5) acres or greater, a land disturbance permit shall be obtained
by the petitioner from the DNR. Under such circumstances, no improvement
construction permit shall be issued by the Building Commissioner until
the applicant provides evidence that the DNR land disturbance permit
has been issued.
F.
Review Procedure.
1.
Submission By Applicant. The applicant shall submit seven (7)
copies of the preliminary plat, preliminary development plan, improvement
plans and any other information required by this Chapter to the City
Clerk.
2.
Staff Review.
a.
Upon receipt of preliminary record plat, the preliminary development
plan and associated documents, the Building Commissioner shall review
the documents to determine completeness of submission.
b.
The Building Commissioner and Street Commissioner shall review the preliminary plat with respect to meeting the requirements of this Chapter, Chapter 405, Zoning Code, and other applicable City regulations. The Building Commissioner and Street Commissioner, with the input of City staff, engineers, consultants and fire protection authority, shall identify any deficiencies and site planning issues.
c.
The Building Commissioner and Street Commissioner shall provide
the applicant with a letter describing deficiencies and a copy of
the plans with review comments annotated thereon.
d.
The applicant may amend the preliminary plat, preliminary development
plan, improvement plans and/or other documents prior to review by
the Planning and Zoning Commission and Board of Aldermen. Such amendments
must be made within sixty (60) days of the date of the letter by the
Building Commissioner and Street Commissioner.
3.
Review By Planning And Zoning Commission And Board of Aldermen.
a.
The preliminary plat, preliminary development plan, improvements
plans and other documents shall be submitted to the Planning and Zoning
Commissioner not less than sixty (60) days and not more than ninety
(90) days from the date of the recommendations by the Building Commissioner
and Street Commissioner.
b.
If the applicant has amended the preliminary plat, preliminary
development plans or other documents, such amended plats, plans and
documents shall be submitted to the Planning and Zoning Commission
for review.
c.
The Planning and Zoning Commission shall review all submittal
for compliance with the Municipal Code and make a recommendation to
the Board of Aldermen.
[R.O. 1993 § 410.100; Ord. No.
785 § 1, 7-18-2005]
A.
Petition procedures are as follows:
1.
Submission By Applicant. After complying with the preliminary
record plat review and preliminary development plan procedure, the
applicant shall submit the following documents:
a.
Two (2) notarized petitions for re-subdivision. If the petition
is submitted by a party other than the record fee owner of the property,
it must be accompanied by the fee owner's written statement of
consent to the filing.
b.
Twenty-two (22) folded copies of the final record plat.
c.
One (1) reduced copy of the record plat on a sheet eight and
one-half (8 1/2) inches by eleven (11) inches, suitable for copying.
e.
Proof of ownership, legal descriptions, indenture (if applicable)
and other documentation as required.
f.
Escrow agreement providing for an escrow secured by cash, an
irrevocable letter of credit or surety bond in a form satisfactory
to the City.
2.
Staff Review.
a.
Upon receipt of petitions and required documents, the Building
Commissioner and Street Commissioner shall review the documents to
determine acceptability for submission. If the Building Commissioner
and the Street Commissioner determine the submittal is complete, then
the submittal shall be stamped and forwarded to the City Clerk for
processing. The City shall place the petition on a Board agenda for
referral to the Planning and Zoning Commission.
b.
The Building Commissioner and Street Commissioner shall review
the record plat to determine compliance with the findings and recommendations
relative to the preliminary record plat and the requirements of this
Chapter and the Municipal Code.
3.
Commission.
a.
The Commission may hold a public hearing on the petition for
record plat approval. The Commission shall review the final plat and
shall make a determination as to whether or not the plat is in compliance
with all applicable City regulations. The Commission shall forward
its recommendation to the Board. Said recommendation for approval
or disapproval shall be accompanied by reasons for such action.
b.
The Commission shall take action on the final plat within sixty
(60) days of referral from the Board. Otherwise, the final plat shall
be deemed as recommended for approval by the Commission. If requested
by the Commission, the Board, with the consent of the applicant, may
extend this sixty (60) day period.
4.
Prerequisites To Forwarding The Petition To The Board. Prior
to the hearing before the Commission regarding the petition, the applicant
shall provide to the City Clerk the following applicable documents:
a.
Certificate of clear title prepared by a duly authorized title
company stating the signatures of all persons whose consent is necessary
to the preparation and recording of said plat and to the offer of
dedication or conveyance of any streets, rights-of-way and/or common
ground shown on the plat.
b.
The subdivision trust indenture and warranty deed for common
land conveyance approved as to form by the City Attorney.
c.
Written verification from the applicable fire protection authority
or authorities of the adequacy of water supply and approving the location
of all fire hydrants.
d.
Guarantee of installation of water mains from the St. Louis
County Water Company, if not to be installed by the developer of the
subdivision.
e.
Verification of street names from the St. Louis County Department
of Revenue.
f.
Tax certificate or copy of paid tax bill for the property from
the St. Louis County Collector of Revenue.
g.
Verification that the subdivision name is not a duplicate of
another subdivision name in St. Louis County from the Recorder.
h.
Verification of payment of all applicable inspection fees.
i.
Letter from MSD certifying all fees have been paid.
j.
Escrow agreement, approved by the Building Commissioner and
the City Attorney, providing for an escrow secured by cash, an irrevocable
letter of credit or surety bond in a form satisfactory to the City.
k.
Final improvement plans and a final development plan.
5.
Board Action. The City Clerk, upon receipt of the Commission's
recommendation, shall establish a date and time as soon as practical
for a public hearing before the Board. The Board shall consider the
Commission's recommendation on the petition. The Board may concur
with or override the Commission's recommendation. If the Board
approves the petition, a bill shall be drafted and given a first reading.
B.
Final Record Plat Submittal Requirements.
1.
Plat Information Requirements. The final plat shall be drawn
at any scale, from one (1) inch equals twenty (20) feet to one (1)
inch equals one hundred (100) feet, in increments of ten (10) feet,
on one (1) or more sheets not less than twenty-four (24) inches by
thirty-six (36) inches or greater than thirty-six (36) inches by forty-two
(42) inches in size, including a North arrow, scale, date, sheet number
and revision date block on each sheet. The original of the final plat
shall be drawn or photographically reproduced on Mylar drafting film.
Pen or laser plots on Mylar film may be accepted so long as the image
is permanent. All drafting on, and revisions to, any original shall
be clearly legible so the drawings are suitable for microfilming or
digital scanning. The plat shall contain the following information:
a.
All information required on the preliminary plat [see Section 410.090(C)] and preliminary development plan (see Section 410.090), except in its final form.
b.
All dimensions and bearings, both linear and angular, radii
and arcs necessary for locating the boundaries of the subdivision,
blocks, lots, streets, alleys, easements and any other areas for public
or private use. The linear dimensions shall be expressed in feet and
decimals of a foot.
c.
Accurate distances and directions to the nearest permanent survey
monument from which the survey was made.
e.
When lots are located on a curve or when side lot lines are
at angles (from the street right-of-way) other than ninety degrees
(90°), the width of lot along the chord of the front building
setback line shall be shown.
f.
Accurate delineation of any property designated for dedication
for public right-of-way (cross-hatched).
g.
The location of all easements, permanent and temporary, serving
the proposed subdivision.
h.
Names of streets.
i.
Identification system for all lots and blocks.
j.
Area in square feet for each lot or parcel, shown on the plat
or on a supplemental sheet.
k.
Zoning district classification and zoning district boundary
line when the subdivision is located in more than one (1) district.
l.
Certification by a land surveyor who performed the property
survey to the effect that the plat represents a survey made by the
surveyor and that said survey complies with this Chapter and the Standards
of Missouri Board for Architects, Professional Engineers and Land
Surveyors and Department of Natural Resources; that the plat is a
correct representation of all exterior boundaries of the land surveyed
and the subdivision of it; and that the location, size and material
of all monuments, installed or to be installed, are correctly shown.
C.
Boundary Adjustments And Lot Line Consolidations.
1.
Purpose. The purpose of this Section is to allow adjustments
to lot lines, platted lots or other lawful parcels for the purpose
of adjusting size, frontages or configuration of buildable lots; or
consolidation or division of existing lots, subject to the provisions
contained in this Section.
2.
Boundary Adjustment And Lot Line Consolidation Criteria. Boundary
adjustments and lot line consolidations must meet the following criteria:
a.
No additional lot shall be created by any boundary adjustment
or lot line consolidation.
b.
The resulting lot(s) shall not be reduced below the minimum sizes and dimensions required by Chapter 405, Zoning Code.
c.
The boundary adjustment or lot line consolidation shall not
increase or decrease any original lot size by more than twenty percent
(20%).
d.
Boundary adjustments or lot line consolidations shall be allowed for lawful lots existing in non-compliance with minimum area, frontage and dimensional requirements of Chapter 405, Zoning Code, provided that the resulting boundary adjustment and/or lot line consolidation does not increase the degree of non-compliance.
3.
Fee. At the time the plat is submitted to the City, a fee of
five hundred dollars ($500.00) shall be paid to cover administrative
costs incidental to reviewing, signing and reproducing copies of the
plat(s). In addition, each petitioner shall make a deposit of seven
hundred fifty dollars ($750.00) with the City to assure expeditious
processing of the petition. Any money remaining in the deposit shall
be refunded to the petitioner after recording of the plat.
4.
Procedure.
a.
Plats for boundary adjustments or lot line consolidations shall
be prepared by a surveyor licensed in the State of Missouri and shall
include an adequate legal description of the boundaries of the original
lot(s) and the adjusted lot(s).
b.
Boundary adjustment or lot line consolidation plat(s) shall
be submitted to the City Clerk and Building Commissioner for review.
Submitted plats shall meet all requirements of this Chapter.
d.
The City Clerk and/or Building Commissioner shall contact the
petitioner in writing on the day of plat approval and provide a deadline
for submission of an executed final plat.
e.
Failure to submit an executed final plat within thirty (30)
days of approval by the City Clerk and Building Commissioner shall
result in a penalty of one hundred dollars ($100.00). For every subsequent
thirty-day delay on the part of the petitioner, an additional one
hundred dollars ($100.00) will be assessed.
f.
The petitioner shall pay the cost of recording boundary adjustments
and lot line consolidations with the St. Louis County Recorder of
Deeds.
5.
Scripts.
a.
Script 1.
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This plat has been reviewed and it is determined that it is in accordance with Section 410.100, Petition Procedures, of Chapter 410, Subdivision Code, of the Bel-Nor Municipal Code and has been approved by the Building Commissioner. The purpose of this plat is to adjust the boundary between adjacent tracts of land. No additional lots are created.
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(Date)
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(Printed Name)
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Building Commissioner
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City of Bel-Nor, Missouri
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b.
Script 2.
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This plat has been reviewed and it is determined that it is in accordance with 410.100, Petition Procedures, of Chapter 410, Subdivision Code, of the Bel-Nor Municipal Code and has been approved by the Building Commissioner. The purpose of this plat is to consolidate the boundary between adjacent tracts of land. No additional lots are created.
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(Date)
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(Printed Name)
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Building Commissioner
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City of Bel-Nor, Missouri
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c.
Script 3.
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I, _________________, City Clerk within and for the City of
Bel-Nor, Missouri, hereby certify that this plat has been approved
on the _____ day of ____________, _____.
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(Date)
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(Printed Name)
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City Clerk
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City of Bel-Nor, Missouri
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d.
Script 4.
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The undersigned property owner(s) of the tract(s) of land described
herein in the above Surveyor's Certificate have caused the same
to be subdivided in the manner shown and said plat(s) shall be hereafter
known as "_____ Subdivision."
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IN WITNESS WHEREOF, we have signed the foregoing this _____
day of ___________, _____.
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(Signature)
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(Signature)
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(Printed Name)
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(Printed Name)
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(Additional signature blocks will be included if necessary.)
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[R.O. 1993 § 410.110; Ord. No.
785 § 1, 7-18-2005]
A.
Approval By Other Agencies. It shall be the applicant's responsibility to obtain any required approvals from public agencies and utility companies having jurisdiction or authority in accordance with Subsection (B)(3)(b).
B.
Improvement Plan Submittal Requirements.
1.
Preparation Of Plans. All engineering-related plans and specifications
shall be prepared, signed and sealed by an engineer. Landscape plans
shall be prepared by a landscape architect.
2.
Improvement Plan Drawings. Except as otherwise required herein,
the improvement plans shall be drawn at any scale from one (1) inch
equals twenty (20) feet to one (1) inch equals one hundred (100) feet
in increments of ten (10) feet on one (1) or more sheets not greater
than twenty-four (24) inches by thirty-six (36) inches in size which
shall include a North arrow, scale, date, sheet number and revision
date block on each sheet. The improvement plans shall contain the
following information:
a.
Title Page And Index. The title page shall include the proposed
name of the subdivision and show the name, address and telephone number
of the developer and the engineering/landscape design firm(s) who
prepared the plans. An index of sheets within the plan set shall also
be provided and may be placed on the title page.
b.
Key Map. If the subdivision is to be built in phases, provide
a key map of the tract showing the general layout of the entire subdivision
with the applicable phase highlighted.
c.
Street And Utility Plans.
(1)
Plans And Profiles. Plans and profiles for streets,
sanitary sewers and storm sewers shall be drawn at a scale of one
(1) inch equals fifty (50) feet horizontal and one (1) inch equals
ten (10) feet vertical or as otherwise approved by the Building Commissioner.
(2)
Streets And Sidewalks. Typical street cross sections
shall be shown with complete dimensions and construction information.
Street profiles shall be provided showing existing and proposed elevations
at fifty (50) foot intervals on the center line.
(3)
Sanitary Sewers. Sanitary sewer plans shall show
the alignment of all sewer mains, manhole locations and proposed easement
locations and dimensions. Specific drawing information shall be in
accordance with the requirements of MSD.
(4)
Water Distribution. Water distribution plans shall
show the alignment of all water mains and location of fire hydrants
and proposed easement locations and dimensions. Specific drawing information
shall be in accordance with the requirements of the St. Louis County
Water Company.
(5)
Storm Drainage Plans. Storm drainage plans shall
include all storm drainage facilities and proposed easement locations
and dimensions. Specific drawing information shall be in accordance
with the requirements of MSD.
(6)
Lighting Plans. Show the location of proposed streetlights
and indicate the type of light standards, fixtures and the rated output
(lumens) of the light sources.
(7)
Other Utility Plans. Show proposed easement locations
and dimensions for any other utilities. Drawing information requirements
for other utilities (e.g., electric, gas, telephone, cable television,
etc.) shall be in accordance with the requirements of the applicable
utility company.
d.
Grading, Storm Drainage And Erosion Control Plans.
(1)
Grading And Excavation Plans. Existing and proposed
contours shall be shown at intervals of not more than two (2) feet.
Additional spot elevations shall be provided as necessary to accurately
determine existing site elevations. Existing contours and spot elevations
shall be based on actual field survey data. USGS datum shall be used
with one (1) or more benchmarks shown, in or near the subdivision,
to which the subdivision is referenced. Retaining wall locations and
details shall also be included with this set of plans.
(2)
Erosion/Siltation Control Plans. Erosion control plans shall include details of temporary and long-term soil stabilization measures to be taken as required in Section 410.280 of this Chapter and by MSD as applicable to storm drainage facilities.
(3)
Land Disturbance Permit Required. If construction
activities disturb land or entail the grading of an area that is five
(5) acres or greater, a land disturbance permit shall be obtained
by the petitioner from the DNR. Under such circumstances, no improvement
construction permit shall be issued by the Building Commissioner until
the applicant provides evidence that the DNR land disturbance permit
has been issued.
3.
Supplemental Information Requirements.
a.
Cost Estimates. Provide cost estimates for all site preparation
and construction of improvements, in sufficient detail for verification
and approval by the Building Commissioner. Identify any reference
sources of costs used in preparing the cost estimates or the source
of the cost estimate (e.g., if prepared by a utility company to be
contracted to install certain improvements).
b.
Evidence Of Review By Others. Provide written statements from
(or correspondence from) the developer to the following agencies indicating
that the improvement plans for the subdivision plat have been submitted
for determination of compliance with their respective rules and standards:
(1)
Metropolitan St. Louis Sewer District;
(2)
Missouri Highway and Transportation Department,
if access to the development is to be from a State highway;
(3)
St. Louis County Department of Highways and Traffic,
if access to the development is to be from a County arterial road;
(4)
The applicable fire protection authority or authorities;
(5)
Missouri Department of Natural Resources;
(6)
U.S. Army Corps of Engineers; and
(7)
Other agencies having review authority over any
element of the proposed development.
C.
Final Improvement Plans Review Procedure.
1.
Submission By Applicant. The applicant shall submit four (4) copies of the final improvement plans and other information required by Section 410.110 to the City Clerk. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies.
2.
Evidence Of Approval By Other Agencies Or Utilities. The applicant
shall provide evidence to the City Clerk of the approval or agreement
to install improvements from all applicable reviewing agencies/utility
companies, including payment of any required inspection fees.
3.
Approval. Upon determination by the Building Commissioner and
the Street Commissioner that the improvement plans satisfy the requirements
of this Chapter, the said improvement plans shall be submitted to
the Planning and Zoning Commission for recommendation and to the Board
of Aldermen for final approval.
[R.O. 1993 § 410.120; Ord. No.
785 § 1, 7-18-2005]
After the first reading of the bill on the record plat, the
petitioner shall arrange for the execution of the certifications and
all applicable seals of the record plat, other than that of the City
Clerk, and provide such executed Mylar to the City Clerk, who will
then place the bill on the next Board agenda for final consideration.
After final reading and passage of the bill, the City Clerk shall
sign the certification and have the record plat and other associated
documents recorded by the Recorder. One (1) copy each of the recorded
plat and associated documents shall be retained in the City Clerk's
office and provided to the owner(s) of the tract being subdivided.
[R.O. 1993 § 410.130; Ord. No.
785 § 1, 7-18-2005]
Approval of a record plat does not constitute acceptance by
the City for the maintenance of any streets, sidewalks, parks or other
public facilities shown on the plat to be dedicated to the City. Acceptance
may only be accomplished through separate petition to the Board of
Aldermen. Such acceptance shall not occur until such time as a majority
of the Board of Aldermen shall vote to specifically accept the facilities
following submittal of the separate petition.
[R.O. 1993 § 410.140; Ord. No.
785 § 1, 7-18-2005]
The applicant may, at any time, withdraw a petition for record plat approval from consideration. Said withdrawal shall be made in writing to the City Clerk or in a public meeting before the Commission or the Board. If the applicant desires to resubmit said plat or modified version thereof at a later date, then the entire review and approval procedure required by this Article IV shall apply. Withdrawal of an application for preliminary plat approval shall not entitle the applicant to a refund of any required fee or deposit, nor shall any fee or deposit paid be credited to a future application for record plat approval, except as provided for in the Code.
[R.O. 1993 § 410.150; Ord. No.
785 § 1, 7-18-2005]
A.
Approval of the improvement plans shall be valid for a period of
two (2) years from the date of approval unless an extension is granted
by the Board. Any request for an extension shall be filed in writing
with the City Clerk prior to the expiration of the approval. In granting
an extension, the Board may require an increase in the escrow deposit
to account for inflation or other factors affecting the cost of improvements.
B.
Failure To Complete Improvements. The obligation of the developer
to construct, complete and install the required improvements shall
not cease until the developer shall be finally released. If, after
the improvement completion period, the required improvements are not
constructed, completed, installed or if the developer shall violate
any provisions of the escrow agreement as determined by the Building
Commissioner or Street Commissioner, the City shall notify the developer
of default and take any one (1) or more of the following actions:
1.
Deem the existing balance under the escrow agreement not theretofore
released as forfeited to the City to be used to bring about the completion
of the required improvements or other appropriate purposes in the
interest of the public safety, health and welfare, to abate or eliminate
nuisances on the property or institute long-term erosion control.
2.
Require the developer to submit an additional escrow amount
to guarantee the completion of the required improvements after recalculation
and confirmation thereof by the Building Commissioner and/or Street
Commissioner in order to allow for any inflated or increased costs
of constructing improvements. An amended escrow agreement shall be
executed.
3.
Require the developer to suspend construction or development
activity on the property as necessary to protect public health, safety
and welfare and assure compliance with the requirements of this Chapter.
[R.O. 1993 § 410.160; Ord. No.
785 § 1, 7-18-2005]
A.
Escrow Required.
1.
After the improvement plans have been approved and all inspection
fees paid, but before approval of the final subdivision plat, the
developer shall guarantee completion of improvements by an escrow
agreement. Said escrow agreement shall be on forms provided by the
City to guarantee the construction, installation and completion of
the subdivision improvements in accordance with the City-approved
cost estimate. The escrow may be secured with cash, an irrevocable
letter of credit or a surety bond in a form satisfactory to the City.
2.
The escrow amount shall not be less than the estimate of the
cost of the construction, completion and installation of the improvements
indicated on approved improvement plans and said amount shall be subject
to approval by the Building Commissioner and Street Commissioner.
3.
Certain escrow amounts may be waived, provided the developer
submits evidence from other public agencies and/or utility companies
confirming their financial requirements for assurance of completion
are satisfied. Such waiver shall be subject to the approval of the
Building Commissioner and Street Commissioner.
B.
Transfer Of Property To Another Developer. In the event a developer
who has posted an escrow, whether in the form of cash, a letter of
credit or bond, with the City in accordance with this Chapter transfers
title of the subdivision property prior to full release of the escrow
and the subsequent developer assumes all outstanding obligations to
complete the subdivision improvements, the City will accept an escrow
agreement with the subsequent developer and a replacement escrow in
the form of cash, an irrevocable letter of credit or bond from the
successor developer in the amount of the escrow held by the City at
the time of the property transfer. Upon receipt of the escrow agreement
and replacement escrow, the City will release the original escrow
in full and release the prior developer from all further obligations
with respect to the subdivision improvements as long as the successor
developer assumes all of the outstanding obligations of the previous
developer.
C.
Release/Reduction Of Escrow. The release of any such escrow, letter
of credit or bond by the City shall be as specified in this Section.
1.
Partial Releases. Partial releases of the escrow may occur from
time to time as work on constructing improvements is performed. The
portion of the escrow amount held by the City to secure actual construction
and installation of a particular component or category of the improvements
shall be released within thirty (30) days of the completion of that
component of the improvement work; however, five percent (5%) of that
portion of the escrow amount attributable to that particular component
or category of the work shall be retained and will only be released
upon completion of the overall improvements.
a.
No partial release of the escrow amount shall be made until
the developer submits a certificate of completion by a registered
engineer engaged to verify the installation and completion of said
improvements for that particular component or category and request
for inspection to the Building Commissioner or Street Commissioner.
b.
The Building Commissioner and/or Street Commissioner shall inspect
the completed component or category within twenty (20) days of the
receipt of the developer's certificate of completion and request
for inspection.
c.
Any such category of improvement or utility work shall be deemed
to be completed upon certification by the City 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
in complete and acceptable form.
2.
Full Release. Upon completion of all required improvements,
the developer shall furnish to the City Clerk a certificate of completion
by a registered engineer engaged to verify the installation and completion
of said improvements. As soon as practical after receipt of said certification,
the Building Commissioner and/or Street Commissioner shall review
and verify the information and, if satisfactory, forward the certification
to the Board of Aldermen.
D.
Maintenance Guarantee. The developer shall be responsible for defects,
deficiencies and damage to required improvements during development
of the subdivision. The remaining five percent (5%) of the escrow
shall constitute the maintenance guarantee, which shall be used by
the Building Commissioner to defray or reimburse any cost to the City
for maintenance or repair of such improvements which the developer
fails or refuses to perform. Funds shall be so held until such time
as the development is complete, as determined by the Building Commissioner
and Street Commissioner. Funds shall then be released if there are
no defects or deficiencies found on inspection thereof or at such
time thereafter as any defects or deficiencies are cured as determined
by the Building Commissioner and Street Commissioner and upon approval
by the Board of Aldermen. As-built drawings shall be submitted prior
to the release of the remaining five percent (5%) of the escrow.
E.
As-Built Drawings. After all required improvements have been installed,
but before final approval or acceptance, the developer shall submit
to the City Clerk as-built drawings of the improvements installed
underground. The Board of Aldermen shall not release the final five
percent (5%) of the escrow until the Building Commissioner and Street
Commissioner confirms that the as-built drawings have been received.
F.
Enforcement. The Board of Aldermen may enforce the escrow, whether
it be in the form of cash, irrevocable letter of credit or bond, by
all appropriate legal and equitable remedies.
[R.O. 1993 § 410.170; Ord. No.
785 § 1, 7-18-2005]
A.
Subdivision Indenture.
1.
When common land and/or facilities established and not accepted
by the City for maintenance are established, a subdivision indenture
providing for private maintenance shall be recorded simultaneously
with the final plat.
2.
The subdivision indenture shall provide that the common land
be used for the benefit, use and enjoyment of the lot owners, present
and future; for the proper maintenance and supervision by the Aldermen
who are selected to act in accordance with the terms of such indenture
and the applicable Sections of this Chapter; and that no owner shall
have the right to convey such owner's interest in the common
land except as an incident of ownership of a platted lot.
3.
Common land shall be conveyed in fee simple absolute title by
warranty deed to the subdivision association.
4.
Any subdivision indenture required by this Chapter shall provide
for not less than the following representation of purchasers of developed
lots as Aldermen:
a.
One-third (1/3) of the Aldermen or officers shall be chosen
by purchasers of developed lots after fifty percent (50%) of the lots
have been sold;
b.
Two-thirds (2/3) of the Aldermen shall be chosen by purchasers
of developed lots after seventy-five percent (75%) of the lots have
been sold;
c.
All of the association Aldermen shall be chosen by purchasers
of developed lots after ninety percent (90%) of the lots have been
sold.
5.
The term of the indenture shall be for the duration of the subdivision.
6.
Each subdivision indenture shall be approved, as to form, by
the City Attorney. The subdivision indenture shall be approved by
the Board prior to adoption of an ordinance approving the subdivision
and shall then be filed by the City Clerk with the Recorder.
B.
Responsibility For Maintenance Of Improvements. The developer is
responsible for maintenance of all public improvements until such
time as they are accepted by the City or appropriate maintenance jurisdiction.
