[Ord. No. 526 §4.1, 5-19-1998]
A.
Completion Of Improvements. Before the final subdivision
plat is signed by the Chairman of the Planning Commission, all applicants
shall be required to complete, in accordance with the Planning Commission's
decision and to the satisfaction of the City, all the street, sanitary
and other public improvements, including lot improvements on the individual
lots of the subdivision, as required in these regulations, specified
in the final subdivision plat and as approved by the Planning Commission
and to dedicate those public improvements to the City free and clear
of all liens and encumbrances on the dedicated property and public
improvements.
B.
Subdivision Improvement Agreement And Guarantee.
1.
Agreement. The Planning Commission with the approval of
the City may waive the requirement that the applicant complete and
dedicate all public improvements prior to approval of the final subdivision
plat and, as an alternative, permit the applicant to enter into a
subdivision improvement agreement by which the subdivider covenants
to complete all required public improvements no later than two (2)
years following the date on which the Chairman of the Planning Commission
or the Mayor signs the final subdivision plat. The applicant shall
covenant to maintain each required public improvement for a period
of one (1) year following the acceptance by the of the dedication
of that completed public improvement and also shall warrant that all
required public improvements will be free from defect for a period
of two (2) years following the acceptance by the City of the dedication
of the last completed public improvement. The subdivision improvement
agreement shall contain such other terms and conditions agreed to
by the applicant and the City.
2.
Covenants to run. The subdivision improvement agreement
shall provide that the covenants contained in the agreement shall
run with the land and bind all successors, heirs and assignees of
the subdivider. The subdivision improvement agreement will be adopted
by the Planning Commission and, when necessary, the City pursuant
to applicable State and local laws and shall be recorded in the Clerk
and Recorder's office of Platte County.
3.
Security. Whenever the Planning Commission permits an applicant
to enter into a subdivision improvement agreement, it shall require
the applicant to provide a letter of credit or cash escrow as security
for the promises contained in the subdivision improvement agreement.
Either security shall be in an amount equal to one hundred twenty
percent (120%) of the estimated cost of completion of the required
public improvements, including lot improvements. The issuer of the
letter of credit or the escrow agent, as applicable, shall be acceptable
to the Planning Commission.
a.
Letter of credit. If the applicant posts a letter of credit
as security for its promises contained in the subdivision improvement
agreement, the credit shall:
(1)
Be irrevocable;
(2)
Be for a term sufficient to cover the completion, maintenance and warranty periods in Subsection (B)(1); and
(3)
Require only that the government present the credit with a sight
draft and an affidavit signed by the City Attorney attesting to the
municipality's right to draw funds under the credit.
b.
Cash escrow. If the applicant posts a cash escrow as security
for its promises contained in the subdivision improvement agreement,
the escrow instructions shall provide:
(1)
The subdivider will have no right to a return of any of the funds except as provided in Section 410.260(B)(2); and
(2)
The escrow agent shall have a legal duty to deliver the funds to
the municipality whenever the City presents an affidavit to the agent
attesting to the municipality's right to receive funds whether or
not the subdivider protests the right. If and when the municipality
accepts the offer of dedication for the last completed required public
improvement, the municipality shall execute a waiver of its right
to receive all but twenty-five percent (25%) of the funds represented
by the letter of credit or cash escrow if the subdivider is not in
breach of the subdivision improvement agreement. The residual funds
shall be security for the subdividers covenant to maintain the required
public improvements and its warranty that the improvements are free
from defect.
C.
Temporary Improvement. The applicant shall build and pay
for all costs of temporary improvements required by the Planning Commission
and shall maintain those temporary improvements for the period specified
by the Planning Commission. Prior to construction of any temporary
facility or improvement, the developer shall file with the City a
separate subdivision improvement agreement and a letter of credit
or cash escrow in an appropriate amount for temporary facilities,
which agreement and credit or escrow shall ensure that the temporary
facilities will be properly constructed, maintained and removed.
D.
Costs Of Improvements. All required improvements shall be
made by the developer.
E.
Failure To Complete Improvement. For subdivision for which
no subdivision improvement agreement has been executed and no security
has been posted, if the improvements are not completed within the
period specified by the Planning Commission in the resolution approving
the plat, the sketch plat or preliminary plat approval shall be deemed
to have expired. In those cases where a subdivision improvement agreement
has been executed and security has been posted and required public
improvement have not been installed within the terms of the agreement,
the City may then:
1.
Declare
the agreement to be in default and require that all the improvements
be installed regardless of the extent of the building development
at the time the agreement is declared to be in default;
2.
Suspend
final subdivision plat approval until the improvements are completed
and record a document to that effect for the purpose of public notice;
3.
Obtain
funds under the security and complete improvements itself or through
a third (3rd) party;
4.
Assign
its right to receive funds under the security to any third (3rd) party,
including a subsequent owner of the subdivision for which improvements
were not constructed, in whole or in part, in exchange for that subsequent
owner's promise to complete improvements in the subdivision;
5.
Exercise
any other rights available under the law.
F.
Acceptance Of Dedication Offers. Acceptance of formal offers
of dedication of streets, public areas, easements and parks shall
be by ordinance of the City. The approval of a subdivision plat by
the Planning Commission, whether sketch, preliminary or final, shall
not be deemed to constitute or imply the acceptance by the municipality
of any street, easement or park shown on plat.
G.
Homeowners' Association. The Planning Commission may require
the homeowners' association to be created when the Planning Commission
deems it appropriate for the development. When a homeowner's agreement
is required, the City shall approve the form of the homeowners' association
prior to approval of the final plat.
[Ord. No. 526 §4.2, 5-19-1998]
A.
General Procedure And Fees. The City shall provide for inspection
of required improvements during construction. The applicant will be
required to pay inspection fees as now set or hereafter set by the
City's ordinances. No building permits or certificates of occupancy
shall be issued until all fees due to the City are paid.
B.
Release Or Reduction Of Security.
1.
Certificate of satisfactory completion. The City will not
accept dedication of required improvements, nor release nor reduce
the amount of any security posted by the subdivider, until the City
Engineer has submitted a certificate stating that all required improvements
have been satisfactorily completed and until:
a.
The
applicant's engineer or survey has certified to the City Engineer,
through submission of a detailed "as-built" survey plat of the subdivision,
indicating location, dimensions, materials and other information required
by the Planning Commission or City Engineer, that the layout of the
line and grade of all public improvements is in accordance with construction
plans for the subdivision, and
b.
A
title insurance policy has been furnished to and approved by the City
Attorney indicating that the improvements have been completed, are
ready for dedication to the City and are free and clear of any and
all liens and encumbrances.
2.
Reduction of escrowed funds and security. If the security
posted by the subdivider was a cash escrow, the amount of that escrow
shall be reduced upon actual acceptance of the dedication of public
improvements and then only to the ratio that the cost of the public
improvement for which dedication was accepted bears to the total cost
of public improvements for the subdivision. In no event shall a cash
escrow be reduced below twenty-five percent (25%) of the principal
amount funds held in the escrow account shall not be released to the
subdivider, in whole or in part, except upon express written instruction
of the City Attorney. At the end of the maintenance and warranty periods,
all escrowed funds, if any, shall be released to the subdivider. If
the security provided by the subdivider was a letter of credit, the
City Attorney shall execute waivers of the municipality's right to
draw funds under the credit upon actual acceptance of the dedication
of public improvements and then only to the ratio that the cost of
the public improvement for which dedication was accepted bears to
the total cost of public improvements for the subdivision. In no event
shall waivers be executed that would reduce the security below twenty-five
percent (25%) of its original amount.
[Ord. No. 526 §4.3, 5-19-1998]
A.
Acceptance Of Escrow Funds. Whenever, by reason of the season
of the year, any lot improvements required by the subdivision regulations
cannot be performed, the Building and Zoning Inspector may issue a
certificate of occupancy, provided there is no danger to health, safety
or general welfare upon accepting a cash escrow deposit in an amount
to be determined by the City Engineer for the cost of the lot improvements.
The subdivision improvement agreement and security covering the lot
improvements shall remain in full force and effect.
B.
Procedures On Escrow Fund. All required improvements for
which escrow monies have been accepted by the Building and Zoning
Inspector at the time of issuance of a certificate of occupancy shall
be installed by the subdivider within a period of nine (9) months
from the date of deposit and issuance of the certificate of occupancy.
If the improvements have not been properly installed at the end of
the time period, the Building and Zoning Inspector shall give two
(2) weeks' written notice to the developer requiring it to install
the improvements and if they are not then installed properly, the
Building and Zoning Inspector may request the City to proceed to contract
out the work for the installation of the necessary improvements in
a sum not to exceed the amount of the escrow deposit. At the time
of the issuance of the certificate of occupancy for which escrow monies
are being deposited with the Building and Zoning Inspector, the developer
shall obtain and file with the Building and Zoning Inspector prior
to obtaining the certificate of occupancy a notarized statement from
the purchaser or purchasers of the premises authorizing the Building
and Zoning Inspector to install the improvements at the end of the
nine (9) month period if the improvements have not been duly installed
by the subdivider.
C.
Environmental Report. If required by the City, a Phase I
environmental report has been completed at the applicant's expense
showing that there are no environmental obligations or concerns and
if a Phase I report indicates such an environmental problem, then
the applicant has repaired the environmental concern to the satisfaction
of the City.
[Ord. No. 526 §4.4, 5-19-1998]
The developer shall be required to maintain all required public
improvements on the individual subdivided lots and provide for snow
removal on streets and sidewalks, if required by the Planning Commission,
until acceptance of the improvements by the City. If there are any
certificates of occupancy on a street not dedicated to the City, the
City may on twelve (12) hours' notice plow the street or effect emergency
repairs and charge those costs to the developer. Following the acceptance
of the dedication of any public improvement by the City, the City
may, in its sole discretion, require the subdivider to maintain the
improvement for a period of one (1) year from the date of acceptance.
[Ord. No. 526 §4.5, 5-19-1998]
A.
The Planning
Commission may defer or waive at the time of final approval, subject
to appropriate conditions, the provision of any or all public improvements
as, in its judgment, are not requisite in the interests of the public
health, safety and general welfare or which are inappropriate because
of the inadequacy or in existence of connecting facilities. Any determination
to defer or waive the provision of any public improvement must be
made on the record and the reasons for the deferral or waiver also
shall be expressly made on the record.
B.
Whenever
it is deemed necessary by the Planning Commission to defer the construction
of any improvement required under these regulations because of incompatible
grades, future planning, inadequate or non-existent connection facilities
or for other reasons, the subdivider shall pay his/her share of the
costs of the future improvements to the City prior to signing of the
final subdivision plat by the Chairman of the Planning Commission
or the developer may execute a separate subdivision improvement agreement
secured by a letter of credit guaranteeing completion of the deferred
improvements upon demand of the City.
[Ord. No. 526 §4.6, 5-19-1998]
A.
When
a subdivision improvement agreement and security have been required
for a subdivision, no certificate of occupancy for any building in
the subdivision shall be issued prior to the completion of the required
public improvements and the acceptance of the dedication of those
improvements by the City, as required in the Planning Commission's
approval of the final subdivision plat.
B.
The extent
of street improvement shall be adequate for vehicular access by the
prospective occupant(s) and by Police and Fire equipment prior to
the issuance of an occupancy permit. The developer shall, at the time
of the offer of dedication, submit monies in escrow to the City in
a sum determined by the City Engineer for the necessary final improvement
of the street.
C.
No building
permit shall be issued for the final ten percent (10%) of lots in
a subdivision, or if ten percent (10%) be less than two (2) for the
final two (2) lots of a subdivision, until all public improvements
required by the Planning Commission for the subdivision have been
fully completed and the City has accepted the developer's offer(s)
to dedicate the improvements.
