City of Owensville, MO Plat Information Required

[R.O. 2011 § 405.060; Ord. No. 1161 § 1, 11-18-2013]

Preliminary Plat.

The developer shall file ten (10) copies of the drawings, as well as one (1) eleven-inch-by-seventeen-inch copy of the drawings, with the Administrative Official. Unless otherwise required by the City, the preliminary plat shall be submitted on a twenty-four-inch-by-thirty-six-inch or thirty-inch-by-forty-two-inch format in a scale of one (1) inch equals one hundred (100) feet. The Administrative Official shall transmit copies of the plat to the following departments and agencies:

Planning and Zoning Commission;

Public Works;

Building Department;

Fire District; and

Other agencies or officials, such as the Postal Service, City Clerk or City Attorney, or as may be directed by the Planning and Zoning Commission.

The following items shall be either shown on or accompany the preliminary plat:

Proposed name of the subdivision.

Location map, with names of abutting property owners of each lot adjacent to the area to be subdivided and their projected property lines where they intersect the boundary of the subdivision.

Names and addresses of the owner, subdivider and the surveyor who prepared the plat.

Sanitary sewage disposal method.

Stormwater management.

Existing and proposed street right-of-way and pavements, including any proposed dedication strips for widening existing streets; approximate gradients, types and width of pavements; location of curbs, sidewalks, walkways, planting strips; and other pertinent data.

Layout of lots, showing approximate dimensions and number.

Easements, existing and proposed, showing locations, widths and purposes.

Building setback lines for front, side and rear of each lot.

Location and size of nearest water main and fire hydrant, storm sewer, sanitary sewer and other utilities.

Location, type and approximate size of utilities to be installed.

Tract boundary lines showing dimensions, bearings, angles and references to known land lines and monuments.

Topography of the tract, existing and proposed, shown in contours at vertical intervals of five (5) feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of ten (10) feet if the general slope is ten percent (10%) or greater. (USGS data will be acceptable.)

Tree masses.

Location of existing structures.

Zoning district classification of subject site and adjacent parcels.

Scale, North arrow and date.

Grading plans.

Written approval or other written response from those entities set forth in Subsection (A)(1)(d) and (e), including plans or written statements setting out the proposed grades or profiles of the streets, and other improvements proposed and their means of accomplishment, as required in Article IV.

Final Plat.

The final plat shall include the information approved on the preliminary plat and be prepared by a land surveyor registered to practice in the State of Missouri. Unless otherwise required by the City, the final plat shall be submitted on a twenty-four-inch-by-thirty-six-inch or thirty-inch-by-forty-two-inch format in a scale of one (1) inch equals one hundred (100) feet on one (1) or more sheets. If more than one (1) sheet is required, a key map shall be provided on Sheet No. 1 showing the entire subdivision at reduced scale. The developer shall file ten (10) copies of the final plat and all other required documentation, as well as one (1) eleven-inch-by-seventeen-inch copy of the drawings, with the Administrative Official.

The final plat shall contain the following information:

Boundary lines, width dimensions and bearings or angles that provide an accurate survey of the tract. The correct legal description of the property subdivided shall be shown on the plat or on an accompanying certificate.

Subdivision title or name, North arrow, scale and date.

Certificate of registered land surveyor covering execution of survey and preparation of subdivision plat.

Certificate of the owner creating the subdivision, dedicating all street rights-of-way, dedicating all public areas with statement of the use or uses for which dedicated, granting easements with statement of the use or uses for which granted, establishing building lines.

Certificates of all owners and holders of deeds of trust on the plat as prepared releasing from the lien created by said deeds of trust all land dedicated to public use on the plat.

A summary of the improvement plans showing the locations, appearance and explanation of the adequacy of the improvements, including a one-page letter summarizing the stormwater management plan submitted with the plans and profiles of the storm and sanitary sewers.

The lines of existing adjoining property and of adjoining streets and alleys with their widths and the names of all streets.

The lines of all proposed streets and alleys with their widths and the line of departure of one street from another as well as the names of all streets.

Any portions of the property to be dedicated or granted for public use.

The locations of all easements for public use, services or utilities.

All lots designated by numbers.

All dimensions, linear and angular, necessary for locating the boundaries of the subdivision, the lots, streets, alleys, easements and other features. [Dimension shall be given to the nearest one one hundredth (0.01) of a foot.]

The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and the radii for rounded corners.

The locations and descriptions of all survey monuments, which monuments shall be placed at all subdivision boundary corners, at the centers of all street intersections and at the points of tangency and of curvature of all curves.

Any private restrictions and covenants and their effective periods. (In lieu of their lettering on the plat, these may be handled by separate instrument with reference thereto on the plat.)

Calculations showing the error of linear closure to be no greater than one (1) in five thousand (5,000).

Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of the easements.

A receipt or certificate showing that there are no unpaid taxes or assessments upon any part of the area within the subdivision.

Certificate of approval by the Board for endorsement by the Mayor and City Clerk.

Improvement Plans. Subsequent to approval of the preliminary plat, but prior to submission of the final plat, the subdivider shall file detailed improvement plans with the City Clerk showing the locations, appearance and explanation of the adequacy of the improvements as requested by Article IV herein. The plans and specifications must be submitted to and approved by the Department of Public Works and reviewed by the Planning and Zoning Commission prior to their submission to the Board of Aldermen with the final plat. When necessary, drainage calculations submitted with the detailed improvement plans will be sent to an outside engineering firm of the City's choice for review.

Performance Guarantee. A performance guarantee or bond shall be posted by the subdivider with the City Clerk upon final plat approval. Such performance guarantee or bond shall be in an amount approved by the City as equal to the estimated construction of all improvements intended to be dedicated to the City for maintenance and operation. The developer shall submit a detailed engineer's estimate to the City for review and approval. The estimate shall include quantities of each individual work item and an estimated unit price. The performance guarantee or bond shall be in the amount of the final estimate as approved by the City. The developer shall complete the improvements in accordance with the approved improvement plans under the observation and inspection of the City or the City's designated official. Performance of work necessary to complete construction and installation of the required improvements to be dedicated to the City shall be within two (2) years of the date of approval of the final plat, unless such time is extended by written mutual consent of the subdivider and the City. If such improvements are not satisfactorily installed within the time constraints imposed herein, then such guarantee or bond shall be forfeited by the subdivider, and the surety shall be used to complete and/or install such improvements in accordance with the requirements specified herein.

Performance Guarantee Options. Performance guarantees required by this Section shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:

Cash deposited with the City Clerk to be held in an interest-bearing account dedicated for that purpose with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits;

An irrevocable letter of credit drawn on a local financial institution acceptable to and in a form approved by the City Attorney. The instrument may not be drawn on any financial institution with whom the developer or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the institution and the developer. The letter of credit shall provide that the issuing institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City Clerk. The letter of credit shall be irrevocable for at least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk, unless a new letter of credit is issued and agreed to by the City or the City issues to the institution a written release of the obligations for which the letter of credit was deposited. The developer shall pay a non-refundable fee of two hundred dollars ($200.00) to the City or as otherwise established by the Board, with submission of a letter of credit and the same fee for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.

Amount Of Deposit. The construction deposit required of a developer establishing a performance guarantee deposit agreement shall be in an amount equal to the Director of Public Works' estimate of the actual cost to the City of the construction, completion and installation of the required improvements if the City were required to complete the improvements to the required specifications. The Director of Public Works may adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements. Where certain improvements are required to be installed prior to approval of the record plat, the gross deposit amount for the construction deposits shall be reduced by the estimated cost of such improvements.

Deposit Agreement; Releases. The performance guarantee deposit agreement shall be entered into with the City, shall require the developer to agree to fulfill the obligations imposed by this Section and shall have such other terms as the City Attorney may require consistent with this Section. The agreement shall authorize the designated City Official to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection and approval by the Board of all required improvements within a category of improvements or may occur from time to time as work on specific improvements is completed, inspected and approved; provided, however, that:

Releases, General.

(1)

The City shall release the cash or release the letter of credit as to all or any part of its obligation only after construction, completion and installation of some phase of work on the improvements indicated on the approved improvement plans, receipt of requisite written notification from the appropriate inspecting public authority and approval by the City Administrator, and only in the amounts permitted herein.

(2)

Inspection Requests. The Department of Public Works shall inspect each category of improvement or utility work within twenty (20) business days after a request for such inspection has been filed with the Department by the developer, and no inspection shall be required until such request is received by the Department. For purposes of this Section, an inspection request shall constitute and occur only on a completed written request on a form that shall include:

(a)

The category of improvement requested to be inspected (as shown in the applicable deposit agreement or approved City estimate form);

(b)

An engineer's certification that the category of improvement has been installed, and on the date of inspection application is maintained and in conformance with the final approved improvement plans and all applicable requirements thereto and is therefore ready for inspection; and

(c)

A verified statement from the representative officer of the developer attesting that the information in the inspection request is true and accurate. Nothing herein shall preclude the Department from completing additional inspections at its discretion or as a courtesy to the developer.

Extension Of Completion Period. If, at the end of the improvement completion period, all the improvements shown on the approved improvement plans have not been completed, the developer may request and the Board of Aldermen may grant an extension to the improvement completion period as set forth in the deposit agreement for a reasonable time as determined by the Board of Aldermen if after review by the City such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds or other public improvements, facilities or requirements, so long as all guarantees are also extended and approved by the City Attorney; provided that the City may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts or satisfaction of new Code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of this Section.

Construction Deposit Releases. After an inspection of any specific improvements, the City may at its discretion release up to ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the City after completion of any component of the guaranteed improvements (i.e., less than all of the improvements in a given category), the remaining amount held for any category of improvements for the entire subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) that shall be released only upon completion of all improvements for the subdivision. The City shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components and line items shall in no way modify or reduce the developer's guarantee as to all required improvements, irrespective of any release or completion of any category or underlying component or line item. All improvements in a category shall be deemed complete only when:

(1)

Each and every component and line item within a category for the entire subdivision has been constructed as required;

(2)

The developer has notified the Commission of Planning and Zoning in writing that it has finished work on all components of the category, provided all necessary or requested documentation and requests an inspection;

(3)

The developer is not in default or in breach of any obligation to the City under this Section, including, but not limited to, the City's demand for deposit of additional sums for the subdivision, and;

(4)

The inspection has been completed and the results of the inspection have been approved in writing by the City and/or its agents.

Effect Of Release; Continuing Obligations. The developer shall continue to be responsible for defects, deficiencies and damage to public streets and other required improvements during development of the subdivision. No inspection approval or release of funds from the construction deposit as to any component or category shall be deemed to be City approval of improvement or otherwise release the developer of its obligation relating to the completion of the improvements until the final subdivision release on all improvements is issued declaring that all improvements have in fact been constructed as required. Inspection and approval of any or all required improvements shall not constitute acceptance of the improvement by the City as a public improvement for which the City shall bear any responsibility.

Deficient Improvements. No approval of required improvements shall be granted for improvements that fail to meet the specifications established herein or otherwise adopted by the City.

Final Release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit shall be released, provided that no such funds shall be released on a final inspection until the development of the subdivision is complete as determined by the City.

Appeals. If the developer believes that a release or certificate of completion has been improperly denied, an appeal shall be filed with the Board of Adjustment who shall sit as the Board of Administrative Appeals to hear such disputes, and no such denial shall be deemed final until such appeal procedure has been exhausted.

Failure To Complete Improvements.

The obligation of the developer to properly construct, install and preserve the improvements as indicated on the approved improvement plans shall not cease until the developer shall be finally released by the City. If, after the initial improvement completion period or after a later period as extended pursuant to this Section, the improvements indicated on the approved improvement plans are not constructed, completed, installed, preserved and accepted as required or if the developer shall violate any provision of the deposit agreement, the City may ask the developer to show cause within not less than ten (10) days why the developer should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the developer in the subdivision during any period in which the developer is in violation of the performance guarantee deposit agreement or subdivision code relating to the subdivision. If the developer fails to cure any default or present compelling reason why no default should be declared, the City shall declare the developer in default and may take any one (1) or more of the following acts:

(1)

Deem the balance under the performance guarantee deposit agreement not theretofore released as forfeited to the City, to be then placed in an appropriate trust and agency account subject to the order of the City for such purposes as letting contracts to bring about the completion of the improvements indicated on the approved improvement plans or other appropriate purposes in the interest of the public safety, health and welfare; or

(2)

Require the developer (or its agent) to pay to the City the balance of the performance guarantee not theretofore released; or

(3)

Require the developer to submit an additional cash sum sufficient to guarantee the proper completion of the improvements as indicated on the approved improvement plans after recalculation to allow for any increased actual costs of constructing, reconstructing, removing and/or replacing the improvements.

The failure of a developer to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City) and including the payment of funds to the City due to such failure or an expiration of a letter of credit shall be deemed an automatic act of default entitling the City to all remedies provided in this Section without further or prior notice. It shall be the sole responsibility of the developer to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement and no right to any extension shall exist or be assumed.

Other Remedies For Default. If the developer or its agent fails to comply with the City's requirements for payment as described above or fails to complete the improvements as required or otherwise violates the deposit agreement provisions and there is a risk that development will continue in the subdivision without the timely prior completion of improvements or compliance with deposit agreement provisions, the City may in addition or alternatively to other remedies:

Suspension.

(1)

Suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this Subsection, the "undeveloped portion of the subdivision" means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The City shall give the developer ten (10) days' written notice of an order under this Subsection, with copies to all sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the City shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City at the subdivisions or lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the designated City Official:

(a)

If said notice is for a subdivision:

THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF OWENSVILLE. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF OWENSVILLE REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 400, CITY OF OWENSVILLE MUNICIPAL CODE.

(b)

If said notice is for a lot:

THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF OWENSVILLE. NO DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF OWENSVILLE REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 400, CITY OF OWENSVILLE MUNICIPAL CODE.

(2)

The suspension shall be rescinded in whole or in part only when the City is convinced that completion of the improvements is adequately assured in all or an appropriate part of the subdivision; or

Suspend the rights of the developer or any related entity to construct structures in any development platted after the effective date of such suspension throughout the City and such incorporated areas as are under City jurisdiction. The City shall give the developer ten (10) days' written notice of an order under this clause, with a copy to sureties known to the City to have obligations outstanding on behalf of the developer or related entities, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of streets assured as provided herein, the City shall order construction suspended. The order shall be served upon the developer, with a copy to the surety as appropriate, and a copy recorded with the Recorder of Deeds. The suspension shall be rescinded only when the City is convinced that completion of the improvements is adequately assured.

Suspension Of Development Rights. From and after the effective date of this Section, if a developer or any related entity has a subdivision development improvement guarantee that is in default, as determined by the City, including any escrow or bond under any prior enactment of this Section:

The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (D)(7) of this Section; and

The rights of the developer or any related entity to receive development approval, which approval shall include, but not be limited to, approval of any plat or deposit agreement for new or further development in the City, shall be suspended. The suspension shall be rescinded only when the City is convinced that completion of the improvements is adequately assured.

Additional Remedies. If any party fails to comply with any obligation of this Section, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this developer or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a developer's deficiencies or breached obligations under this Code by setoff of any funds or assets otherwise held by the City or the developer to the maximum extent permitted by law. Such setoff shall occur upon written notice of such event by the City to the developer after the developer has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 405 that the developer shall pay the City's costs, including reasonable attorneys' fees, of enforcing this Section or any agreement thereunder in the event that the developer is judicially determined to have violated any provision herein or in such agreement. The developer may appeal any decision taken pursuant to this Section by filing an appeal under the City's administrative review procedure.

Related Entity.

For purposes of this Section, "related entity" has the following meaning: a developer is a related entity of another person:

(1)

If either has a principal or controlling interest in the other; or

(2)

If any person, firm, corporation, association, partnership or other entity with a controlling interest in one has a principal or controlling interest in the other.

The identification of related entities shall be supported by documentation from the Secretary of State's office, Jefferson City, Missouri.