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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 855 § 1, 9-14-2017[1]]
A. 
Citation. This Chapter shall be known, referred to and cited as "The Subdivision Ordinance of Gerald, Missouri."
B. 
This Chapter is intended to provide for the harmonious development of incorporated areas within the City of Gerald, Missouri; for the coordination of subdivision streets with other existing or planned streets or with other features of the Comprehensive Plan of Gerald, Missouri; for adequate open spaces for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity. These provisions apply to all subdivisions of land within the City.
[1]
Editor's Note: Former Chapter 410, Land Subdivision Regulations, containing Sections 410.010 through 410.100, was repealed 9-14-2017 by Ord. No. 855.
[Ord. No. 855 § 1, 9-14-2017]
AREA, NET
The entire area within the boundary lines of the proposed subdivision, less the area to be dedicated for street and alley right-of-way and public use.
BOUNDARY ADJUSTMENT
An adjustment to the lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes of buildings, frontages, configuration of buildable lots or the consolidation of existing lots which does not create any additional buildable lots.
BUILDING LINE
A line on a plat between which line and the street right-of-way no portion of the building may be erected, excluding landings, open balconies and roof overhangs.
COMMISSION
Planning and Zoning Commission of Gerald, Missouri.
IMPROVEMENTS
Streets, sidewalks, alleys, curbs, guttering, water mains and hydrants, gas mains, electric utilities, storm sewers, sanitary sewers, sewage treatment facilities, monuments, landscaping, street lights, permanent street markers and other similar items.
SUBDIVISION
The division of land into two (2) or more smaller lots, tracts or parcels for the purpose of building development or transfer of ownership and/or the dedication or establishment of a public street or roadway. The term "subdivision" shall include resubdivision. Exceptions: These regulations shall apply to any subdivision of land as defined herein located within the City Corporate limits. Although considered subdivisions, the following are exempt from the provisions of this Section and may be approved by the City:
1. 
Combining existing lots where:
a. 
The total number of lots is not increased;
b. 
The resultant lots conform to all applicable regulations;
c. 
Combining lots does not require the establishment of any streets or access easements;
d. 
Cause any hardship toward future development according to this Code.
2. 
Dividing land into two (2) or more separate parcels of ten (10) acres or more where no new street or access easement is created.
3. 
Dividing land into two (2) or less separate parcels of one (1) acre or less where no new street, access easement or improvement is created.
SUBDIVISION, MINOR
A tract of land consisting of five (5) acres or less of land proposed for subdivision into four (4) or less lots.
ZONING ADMINISTRATOR
City Clerk, or his/her designee, of the City of Gerald.
[Ord. No. 855 § 1, 9-14-2017]
A. 
Generally.
1. 
No land within the limits of the City of Gerald shall be subdivided after the adoption of these regulations without complying with the provisions of this Chapter.
2. 
The provisions of this Chapter shall be held to be the minimum requirements necessary in the subdivision of land.
3. 
Where a tract of land to be subdivided abuts a street requiring additional right-of-way for future widening purposes, any width taken or to be taken shall not be subtracted from the net area for building sites and shall not increase the front building setback line.
4. 
All interpretations of these rules and regulations are reserved to the administrative bodies referred to herein.
5. 
No lot, tract or parcel which has been included as part of any boundary adjustment or subdivision shall be included in any petition or application for a subdivision or boundary adjustment for a period of one (1) year after City approval of the boundary adjustment or subdivision.
6. 
Nothing herein shall be interpreted to apply to the subdivision of land by the City for streets or other rights-of-way purposes.
B. 
Boundary Adjustments.
1. 
Purpose. The purpose of this Section is to allow adjustments to lot lines of platted lots or other lawful parcels for the purpose of adjusting the sizes, frontages or configuration of buildable lots; however, it is not intended that extensive replotting be accomplished by use of this Section.
2. 
Boundary Adjustment Criteria. Boundary adjustments must meet the following criteria:
a. 
No additional buildable lot shall be created by any boundary adjustment.
b. 
The resulting lot or lots shall not be reduced below the minimum sizes and dimensions required by the City of Gerald Zoning Code.
3. 
Procedure.
a. 
A boundary adjustment shall be accomplished by plat but must include an adequate legal description of the boundaries of the original lots and of the adjusted lots.
b. 
The boundary adjustment plat or plats shall be submitted to the Zoning Administrator for review and may be approved administratively by the Zoning Administrator if no plat approval is involved. In the event that the Zoning Administrator determines that the boundary adjustment reasonably could negatively impact public facilities or infrastructure, traffic or public safety or is inconsistent with any of the purposes or requirements of this Code, the Zoning Administrator may either deny the boundary adjustment or require modifications consistent with this Code if applicable or may refer the application to the Board of Aldermen which shall review and approve, modify or deny the boundary adjustment by motion or resolution consistent with the purposes and requirements herein. Improvement plans and installation of public improvements shall not be required solely for a boundary adjustment approval unless determined necessary to meet requirements of public safety or other purposes of this Code.
C. 
Minor Subdivisions.
1. 
Purpose. The purpose of this Section is to provide a simplified administrative review and approval procedure for minor subdivisions.
2. 
Procedure. Minor subdivisions shall be exempt from the following processing requirements unless otherwise required by the Zoning Administrator:
a. 
Review and approval by the Commission of the preliminary plat; and
b. 
Review and approval by resolution of the Board of Aldermen of the preliminary plat.
In all other respects, minor subdivisions shall meet the preparation and processing requirements of this Chapter.
[Ord. No. 855 § 1, 9-14-2017]
A. 
Preliminary Considerations. In order to make the most of opportunities related to the proposed subdivision and to conserve time, effort and expense, the owner or subdivider should consult with the Zoning Administrator prior to the preparation of the preliminary plat for the subdivision.
B. 
Filing Of Preliminary Plat.
1. 
A developer desiring approval of a preliminary plat of a subdivision of any land lying within the City of Gerald shall submit to the Commission a written application for such approval prepared on printed forms provided by the Zoning Administrator. Such application shall be accompanied by plans and information prepared in accordance with the requirements set forth in this Chapter.
2. 
The completed application and prints of the required drawings shall be submitted no later than thirty (30) days prior to the Commission meeting at which initial consideration is desired.
3. 
Fees. A fee in the amount of two hundred dollars ($200.00) shall be paid to the City Clerk at the time of submission of the preliminary plat. No action of the Commission or Board of Aldermen shall be valid until the fees have been paid to the City. This fee shall be charged on all preliminary plats, regardless of action taken, whether the plat is approved or disapproved. The City Clerk shall notify the Commission in writing when the filing fees have been paid.
4. 
Review. The preliminary plat shall be reviewed by the Commission and the Board of Aldermen to determine whether the plat is in harmony with the requirements of this Chapter.
5. 
Once the preliminary plat is reviewed by the Commission, the Board of Aldermen shall be notified in writing of its recommendation. The Board of Aldermen may approve the preliminary plat, may modify the plat and/or conditions of approval or deny the preliminary plat.
6. 
If the preliminary plat is approved by the Board of Aldermen by resolution, the applicant is authorized to proceed with the preparation of the final plat.
7. 
In the case of a subdivision being developed in stages, the applicant shall obtain final approval in not more than two (2) years from the date of preliminary approval for the remaining portions of the plat, after submission of one (1) portion within the specified period. Failure to submit the remaining portions for approval in final plat form within the two-year period from the date of preliminary approval will require reprocessing of the application for preliminary approval.
C. 
Approval Of Improvement Plans. Prior to submission of the final plat, improvement plans shall be submitted to the City Clerk who shall submit such plans to a designated City Official for approval subject to revisions as may be required by the designated City Official after review of the final plat by the Planning and Zoning Commission. The applicant shall submit to the Planning and Zoning Commission with the final plat a summary of the conditionally approved improvement plans showing the locations, appearance and explanation of the adequacy of the improvements.
D. 
Approval Of Final Plat.
1. 
The final plat, prepared in accordance with the requirements set forth herein and accompanied by improvement plans and information prepared in accordance with the requirements set forth in this Code, shall be submitted to the Planning and Zoning Commission for approval. In addition to the actual final plat itself, the submission shall include the following items:
a. 
Three (3) copies of final plat as required by the Public Works Department.
b. 
Three (3) copies of improvement plans for the subdivision.
c. 
Detailed estimate and certification of the cost of the proposed improvements prepared by developer's engineer.
d. 
Performance guarantee assuring completion of the proposed improvements.
2. 
Review. The final plat shall be reviewed by the Commission and the Board of Aldermen to determine whether the plat is in harmony with the requirements of the preliminary plat and of this Chapter.
3. 
Final Approval — Recording. Following approval of the final plat by the Commission, the plat, together with all supporting data, shall be forwarded to the Board of Aldermen for final approval. Approval of the final plat by the Board of Aldermen shall be by ordinance and shall be certified on the document to be filed for record over the signature of the City Clerk and the Seal of the City of Gerald. After the Board of Aldermen has approved the performance guarantee posted by the developer, if applicable, the final plat, endorsed with the approval of the Board of Aldermen, together with a certified copy of the ordinance granting such approval, shall be filed for record in the office of the Recorder of Deeds of the appropriate County at the sole expense of the developer within ninety (90) days of the passage of the ordinance or said ordinance and subdivision plat approval shall become null and void. Within ten (10) days after the recording of the final plat, the developer shall file with the City Clerk two (2) paper prints of the recorded plat all of which shall bear the print of the Recorder's stamp thereon. The City, at its option, may record the plat and return a copy to the applicant at its cost.
[Ord. No. 855 § 1, 9-14-2017]
A. 
Preliminary Plat.
1. 
The developer shall file five (5) copies of the drawings, as well as one (1) eleven (11) inch by seventeen (17) inch copy of the drawings, with the Zoning Administrator. The Zoning Administrator shall transmit copies of the plat to the following applicable departments and agencies. Unless otherwise required by the City, the preliminary plat shall be submitted on a twenty-four (24) inch by thirty-six (36) inch or thirty (30) inch by forty-two (42) inch format in a scale of one (1) inch equals one hundred (100) feet.
a. 
Planning and Zoning Commission;
b. 
Director of Public Works;
c. 
City Engineer;
d. 
Building Department;
e. 
Fire district; and
f. 
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.
g. 
The developer shall also provide a copy of the plat to each public utility, the school district and the Missouri Department of Transportation or other entity as directed by the City.
2. 
The following items shall be either shown on or accompany the preliminary plat.
a. 
Proposed name of the subdivision.
b. 
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.
c. 
Names and addresses of the owner, subdivider and the surveyor who prepared the plat.
d. 
Sanitary sewage disposal method.
e. 
Stormwater management.
f. 
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.
g. 
Layout of lots, showing approximate dimensions and number.
h. 
Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes.
i. 
Easements, existing and proposed, showing locations, widths and purposes.
j. 
Building setback lines for front, side and rear of each lot.
k. 
Location and size of nearest water main and fire hydrant, storm sewer, sanitary sewer and other utilities.
l. 
Location, type and approximate size of utilities to be installed.
m. 
Tract boundary lines showing dimensions, bearings, angles and references to known land lines and monuments.
n. 
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. (U.S.D.S. data will be acceptable.)
o. 
Tree masses.
p. 
Location of existing structures.
q. 
Scale, north arrow and date.
r. 
Grading plans.
s. 
Written approval or other written response from those applicable entities set forth in Subsection (A)(1)(d — f).
B. 
Improvement Plans. Prior to submission of the final plat, plans and specifications for subdivision improvements (improvement plans) shall be submitted to the Director of Public Works and City Engineer and approved subject to revisions as may be required by the Director of Public Works and City Engineer after review of the final plat by the Planning and Zoning Commission. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with drainage area maps, contained in the improvement plans shall be prepared on standard plan and profile sheets twenty-four (24) inches by thirty-six (36) inches by a professional engineer duly registered to practice in the State of Missouri. The improvement plans shall be submitted to and conditionally approved by the Director of Public Works and City Engineer prior to their submission to the Planning and Zoning Commission with the final plat. The applicant shall submit a summary of the conditionally approved improvement plans showing the locations, appearance and explanation of the adequacy of the improvements to the Planning and Zoning Commission with the final plat.
C. 
Final Plat.
1. 
The final plat may include all or only a part of the preliminary plat that has already received approval.
2. 
The final plat is to be prepared from an accurate survey made by a land surveyor registered to practice in the State of Missouri and shall be drawn on tracing cloth, drafting film or equivalent. Unless otherwise required by the City, the final plat shall be submitted on a twenty-four (24) inch by thirty-six (36) inch or thirty (30) inch by forty-two (42) 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.
3. 
The final plat shall contain the following information:
a. 
Boundary lines, width dimensions and bearings or angles that provide an accurate survey of the tract.
b. 
Subdivision title or name, north arrow, scale and date.
c. 
Certificate of registered land surveyor covering execution of survey and preparation of subdivision plat.
d. 
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.
e. 
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.
f. 
Certificate indicating approval of the plat by the Board of Aldermen of the City of Gerald, prepared for execution by the City Clerk, over the Seal of the City of Gerald.
g. 
A summary of the improvement plans showing the locations, appearance and explanation of the adequacy of the improvements including a one-page stormwater plan submitted with the plans and profiles of the storm and sanitary sewers.
D. 
Approved Improvement Plans And Specifications. The developer shall submit to the Planning and Zoning Commission with the final plat a summary of the conditionally approved improvement plans showing the locations, appearance and explanation of the adequacy of the improvements. The Planning and Zoning Commission may review the summary of the improvement plans and any other plans and specifications it may request prior to its recommendation on the final plat. The plans and specifications must be submitted to and approved by the Director of Public Works and City Engineer and reviewed by the Planning and Zoning Commission prior to their submission to the Board of Aldermen with the final plat.
E. 
Performance Guarantee. Compliance with the regulations herein as to the extent and the manner in which the streets of the subdivision or any designated portions thereto shall be graded and improved, as well as the extent and manner of the installation of all utility facilities, are conditions precedent to the approval of the plat. However, in lieu of the developer's completion of the work and installations before final approval of a plat, the Board of Aldermen, at its sole discretion, may accept a bond or escrow in the form of cash or a letter of credit (hereinafter "performance guarantee") in an amount and with surety and other reasonable conditions providing for and securing the actual construction and installation of the improvements and utilities within a period specified by the Board and expressed in the performance guarantee.
1. 
Performance Guarantee. After the improvement plans have been approved and all inspection fees paid, but before approval of the record subdivision plat, the developer shall guarantee the completion of improvements required by the approved improvement plans ("required improvements") of such improvements as required herein. Except as provided in Subsection (2) below, the developer shall complete the improvements in accordance with the approved improvement plans under the observation and inspection of the appropriate public agency agreement unless, upon application to the City and at the City's sole discretion, the City agrees to allow the developer to establish a deposit under a deposit agreement with the City guaranteeing the construction, completion and installation, as required herein, and for the improvements shown on the approved improvement plans within the improvement completion period approved by the City, which shall not exceed two (2) years.
2. 
Exceptions. The City may require any specific improvement to be installed prior to approval of the record plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.
3. 
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:
a. 
Depositing a said amount in lawful money of the United States of America with a bona fide escrow holder;
b. 
By issuing an irrevocable letter of credit under an acceptable deposit agreement with the City. This commitment shall be from a lending institution approved by the City and shall guarantee the availability and upon demand a sum of money which shall be stated in the approved escrow agreement; or
c. 
By posting a land subdivision bond to guarantee the construction of said subdivision improvements. The City shall determine which monetary guarantee will be appropriate and acceptable.
4. 
Release Of Escrow Funds. The escrowed funds shall be held in the escrow account and shall be released only by written authorization from the City's designated representative. The designated representative shall be approved by the Board of Aldermen and shall be stipulated in the escrow agreement. The method for approval for the release of the escrow funds shall be approved by the Board of Aldermen.
a. 
Any such authorization for release of escrow funds shall occur only upon receipt by the City of a written request from the developer, contractor and/or property owner and;
b. 
In no case shall the City's designated representative authorize the release of more than ninety-five percent (95%) of the amount held in an escrow account until all the improvements have been completed, approved by the City and accepted or approved by the Board of Aldermen.
c. 
Any escrow amount held by the City shall be released within thirty (30) days of completion of each category of improvement or utility work to be installed, minus a maximum retention of five percent (5%) which shall be released upon completion of all improvements and utility work. Any such work shall be deemed to be completed upon certification by the Board of Aldermen that the project is complete in accordance with the ordinances of the City of Gerald, including the filing of all documentation and certifications.
d. 
The release shall be deemed effective when the escrow funds are duly posted with United States Postal Service or other agreed upon delivery service or when the escrow funds are hand delivered to an authorized person or place as specified by the owner or developer.
e. 
If the City has not released the escrow funds within thirty (30) days after approval by the Board of Aldermen, the City shall pay the owner or developer, in addition to the escrow funds due, interest at the rate of one and one-half percent (1.5%) per month calculated from the expiration of the thirty-day period until the escrow funds have been released.
f. 
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.
g. 
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.
h. 
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.
i. 
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.
5. 
Term Of The Escrow Guarantee.
a. 
The term of an escrow agreement shall not exceed two (2) years. The developer, contractor and/or owner of the property shall guarantee that all required utilities and improvements will be installed, constructed and completed within two (2) years from the date of the approval of the final plat.
b. 
At the end of the two-year period, the Board may extend the term of the escrow agreement for a period not to exceed one (1) additional year. In the event that the developer, contractor and/or owner of the property shall abandon the project or fail to complete the improvement within two (2) years from the date of the City's approval of final plat, whichever shall occur first, the City may complete or have completed the said improvements and the escrow holder shall disburse the escrow amount to the City as ordered and directed by the City.
c. 
In the event the escrow holder fails to remit the amount required within thirty (30) days after written request by the City, the Director shall recommend that the City Attorney take immediate action to secure the payment of the amount required.
d. 
In the event the term of the escrow agreement is not extended by the Board of Aldermen or the escrow holder fails to remit the amount required by the City, the City shall withhold all permits for any new dwelling with the subdivision or plat thereof until authorized by the Board of Aldermen.
6. 
Approval Of Escrow Holder And Audit. All escrow holders shall be approved by the City's Attorney. All escrow holders shall be subject to spot audits by the City. If the escrow holder fails to comply with any provision of the escrow agreement, the holder may be prohibited from acting as an escrow holder in the City for a period of two (2) years.
7. 
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.
8. 
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:
a. 
Deem the balance under the performance guarantee deposit agreement not therefore 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
b. 
Require the developer (or its agent) to pay to the City the balance of the performance guarantee not theretofore released; or
c. 
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.
9. 
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:
a. 
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:
(1) 
If said notice is for a subdivision:
THIS SUBDIVISION, (name of subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF GERALD. 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 GERALD 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 410, CITY OF GERALD MUNICIPAL CODE.
(2) 
If said notice is for a lot:
THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF GERALD. 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 GERALD 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 410, CITY OF GERALD MUNICIPAL CODE.
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
b. 
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.
10. 
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:
a. 
The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (7) of this Subsection; and
b. 
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.
11. 
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 410 that the developer shall pay the City's costs, including reasonable attorney's 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.
12. 
Related Entities. For purposes of this Section, "related entity" has the following meaning: a developer is a "related entity" of another person:
a. 
If either has a principal or controlling interest in the other; or
b. 
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.
[Ord. No. 855 § 1, 9-14-2017]
A. 
Lots.
1. 
All lots shall meet the minimum area; the front, side and rear yard requirements; and the minimum width requirements of the zoning district in which the subdivision is located.
2. 
All lots shall have at least ninety percent (90%) of the required width of the front building line as frontage on the right-of-way line except for lots with frontage on cul-de-sacs and turnarounds, which shall have at least fifty percent (50%) of the required width of the front building line as frontage on the right-of-way line.
3. 
Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets.
4. 
Double frontage lots should not be platted, except that where desired along major streets, lots may face on an interior street and back on such thoroughfare. In the event double frontage lots are created, appropriate screening shall be approved by the Commission.
5. 
Corner residential lots shall be ten percent (10%) wider on both street frontages than the required zoning width to permit appropriate setbacks.
6. 
Lots of a flag configuration, which could place a dwelling unit behind a dwelling unit, shall not be platted. Lots which conform to Subsection (B)(2) shall not be considered lots of a flag configuration.
7. 
The size, shape and orientation of lots and the orientation of structures shall be designed to provide desirable building sites logically related to topography, natural features, streets, parking areas, common ground (if any), other structures and adjacent land uses. Due regard shall be given to preserving natural features which would add attractiveness and value to the neighborhood such as large trees, unusual rock formations, watercourses and sites which have historical significance, scenic views and similar assets.
B. 
Monuments, Markers And Bench Marks.
1. 
Survey Procedures.
a. 
Prior to recording a new subdivision plat, the surveyor shall establish semi-permanent, or confirm existing, monuments at each and every exterior comer on the boundaries of the tract of land being subdivided.
b. 
The surveyor shall establish at least two (2) permanent monuments for each block created. This requirement is waived when the survey does not create more than four (4) lots or parcels and no new public or private streets, roads or access easements.
c. 
The permanent monuments required in Subsection (C)(1)(b) above shall be set prior to the recording of the plat if they will not normally be moved or destroyed by construction within six (6) months of their installation. If the required permanent monuments will be moved or destroyed by construction, they must be installed upon completion of the construction but in any event within twelve (12) months after the plat has been recorded. The plat shall show all monuments to be set and note when they will be set.
2. 
Approved Monumentation.
a. 
General requirement for permanent and semi-permanent monument. The surveyor shall select a type of monument providing a degree of permanency consistent with that of the adjacent terrain and physical features and as required by these standards. All monuments shall be solid and free from movement. They shall be set in the ground at least to the depth of the minimum length given unless they are encased in concrete. With the exception of drill holes and cut crosses, the precise position of the corner shall be marked by a point on a cap and the cap shall be inscribed with the registration number of the land surveyor in responsible charge or the corporate registration number or name of the company.
b. 
Permanent monuments shall be selected from the following:
(1) 
Concrete monuments consisting of reinforced concrete at least four (4) inches square or in diameter and no less than twenty-four (24) inches in length with its precise position marked by a point on a brass or aluminum cap not less than one and one-half (1 1/2) inch in diameter.
(2) 
Commercial cast iron or aluminum survey markers no less than twenty-four (24) inches in length. Non-ferrous markers shall have ceramic magnets attached to aid in recovery.
(3) 
Steel, coated steel or aluminum rod markers not less than five-eighths (5/8) inch in diameter or iron pipe markers not less than three-quarter (3/4) inches inside diameter and not less than twenty-four (24) inches in length. These monuments shall have a permanently attached cap of the same metal or of a dissimilar metal if the metals are insulated with a plastic insert to reduce corrosion. Non-ferrous rod markers shall have ceramic magnets attached to aid in recovery.
(4) 
Brass or aluminum disk not less than two (2) inches in diameter, countersunk and well cemented in a drill hole in either solid rock or concrete. Ceramic magnets shall be attached or installed with the disk to aid in recovery.
c. 
Semi-permanent monuments shall be selected from the following:
(1) 
Iron pipe markers not less than three-fourths (3/4) inches outside diameter, at least eighteen (18) inches in length and having a plastic or metal cap.
(2) 
Steel or aluminum rod markers not less than one-half (1/2) inch in diameter and not less than eighteen (18) inches in length and having a plastic or aluminum cap.
(3) 
In urban built-up areas, a cross cut in concrete, brick or stone paving at the precise position of the corner or on a prolongation of a boundary line.
(4) 
In asphalt paving, railroad (RR) spikes, cotton picker spindles and other metal devices that are solid and not easily removed or destroyed. P.K. nails and concrete nails are not to be used as semi-permanent monuments.
d. 
Installation Of Survey Monuments. All monuments will be installed in accordance with these standards and according to installation details approved by the Commissioner of Public Works that take into account local conditions.
e. 
Existing Survey Monuments. Existing monuments shall be evaluated for permanency by the surveyor. In no instance shall the surveyor be required by these standards to remove existing monuments unless the installation of a new monument is necessary to preserve the position of the corner.
f. 
When it is impractical to set a required monument, a witness monument shall be set. It should be placed five (5) feet or more away from the point and preferably at an even foot. Witness monuments less than five (5) feet from the point must be clearly identified and shown on the plat. The location of the witness monument should be along a line of the survey or a prolongation of such line.
C. 
Easements.
1. 
Easements for utilities shall be provided. Such easements shall have a minimum width of ten (10) feet and, where located along interior lot lines, shall normally be taken from one (1) lot. Before determining the location of easements on the plat, the developer shall discuss the plan with the local utility companies in order to assure proper placement for the installation of services. Adequate sewer and drainage easements, as required by the Public Works Department, shall be provided.
2. 
Wherever a subdivision is traversed by a watercourse, drainage channel or stream, there shall be provided a drainage right-of-way which shall be for the purpose of widening, straightening, improving or protecting the stream at the subdivision's expense as a part of the subdivision improvements. The width of the drainage right-of-way shall be adequate for any necessary channel relocations and straightening and the plan shall be reviewed with and approved by Public Works Department.
3. 
It shall be a violation of this Chapter for any person(s) to disturb any easement in favor of the City or City facilities thereon without prior written permission of the Board of Aldermen or its designee.
D. 
Site Grading And Environmental Protection.
1. 
Site disturbance shall be subject to all grading requirements as set forth in grading regulations, Chapter 415 and such additional provisions herein.
2. 
Grading shall be in accordance with the final improvement plan approved by the Board of Aldermen unless the Board of Aldermen, in its sole discretion, authorizes grading following the review of the grading plan as part of the Board of Aldermen approval of the preliminary plat.
3. 
A grading plan shall be included in the preliminary plat showing existing and proposed contours at intervals sufficient to clearly show the slope of the existing ground surfaces and the extent of the proposed grading. It shall be prepared on a plat showing the subdivision layout as proposed on the final plat, the location and first (1st) floor elevation of each building proposed to be built in the subdivision and all existing tree masses consisting of medium to large trees and other pertinent site features which could be affected by site grading.
4. 
The minimum fall from building front door threshold to sidewalk grade is six (6) inches of fall to ten (10) feet in distance.
5. 
The grading plan may be examined and/or rejected by the Commission and the Board of Aldermen on the basis of factors such as preservation of the natural features of the site, providing adequate drainage of the area, protection of adjacent and downstream property from the effects of erosion and siltation, the location and gradient of the streets, access to lots from streets and similar criteria. Location and floor elevations of all proposed buildings shall be carefully studied in relation to proposed street grades, existing topography, trees and pertinent site features in order to preserve all such features insofar as possible and desirable.
6. 
Consideration shall be given to increasing the setback or front building line from that required in the zoning district in which a subdivision is located in order to retain, whenever possible, existing topography, rock formation, large trees, natural features, natural watercourses, historical sites or other similar assets.
7. 
The building area of a lot shall not be within fifty (50) feet of the centerline of an existing watercourse nor be on a slope of twenty-five percent (25%) or greater grade.
E. 
Street Design. See Chapter 510.
F. 
Curb And Gutter. See Chapter 510.
G. 
Storm Water Drainage. See Chapter 510.
H. 
Water Lines. The developer shall install water lines and fire hydrants to be a type approved by the City of a sufficient size to provide proper water pressure and volume for fire protection based upon the supply of water required by future expansion and development of the subdivision. Where a public water supply is reasonably accessible, the subdivider shall connect to such water main and provide a water connection for each lot of a type and size approved by the City. Where a public water supply is not reasonably accessible, the subdivider shall place on file with the Board of Aldermen a petition for future installation of the necessary mains and if required, post a bond to guarantee the installation of said main and appurtenance when it is available.
I. 
Sanitary Sewers. The developer shall provide each lot with a State approved system for the disposal of sewage. All sewer lines shall be of sufficient size to provide adequate sewage disposal, taking into consideration all future expansion of said subdivision. Where an approved and adequate public or private sanitary sewer system is reasonably accessible, the developer shall connect with such sanitary sewer and provide adequate sewer lines to each lot subject to the approval of the Sewer District having jurisdiction. If no approved and adequate sewer system is reasonably accessible, the subdivider shall petition the Board of Aldermen for future installation of sanitary sewer system and if required, post a bond to guarantee the installation of said sewer system when available. If a privately owned and operated sewage treatment facility serving the entire plat area is proposed, it shall be approved by the State agencies having jurisdiction and shall be designed and operated to produce zero (0) effluent.
J. 
Street Lighting. Street lighting shall be provided by the subdivider to give adequate light. All lights shall be mercury vapor or its equivalent of at least six thousand eight hundred (6,800) lumens with spacing of not greater than three hundred (300) feet between light standards. When the plat is approved the City will accept maintenance.
K. 
Street Name Signs. See Chapter 510.
[Ord. No. 855 § 1, 9-14-2017]
When a developer can show that a provision of this Chapter would cause unnecessary hardship if strictly adhered to and when, in the opinion of the Commission because of conditions peculiar to the site, a departure may be made without destroying the general intent and spirit of this Chapter, the Commission may recommend a waiver or modification to the Board of Aldermen. The developer shall apply in writing for such waiver or modification. Any such waiver or modification thus recommended shall be entered in the minutes of the Commission and the reasoning on which the departure was justified shall be set forth. Approval of the waiver or modification by the Board of Aldermen shall be by ordinance, usually as part of the ordinance approving the final plat of the subdivision.
[Ord. No. 855 § 1, 9-14-2017]
No plat of a subdivision in the City of Gerald shall be recorded in the appropriate County's Recorder's office or have any validity until it has been approved in the manner prescribed in this Chapter.
[Ord. No. 855 § 1, 9-14-2017]
Within sixty (60) days after approval of the subdivision, the developer thereof shall submit to the City the sum of two hundred fifty dollars ($250.00) or such additional amounts as required to cover the actual costs of administration and recordation of the plat. The developer shall cause two (2) paper prints of the final plat of a subdivision, submitted and approved in accordance with the provisions of this Chapter, to be recorded in the office of the Recorder of Deeds for Franklin County. After the developer records the plat, the paper prints of the plat bearing imprint of the Recorder's stamp thereon shall be filed in the office of the City Clerk as part of the records of the City.
[Ord. No. 855 § 1, 9-14-2017]
Any person, firm or corporation violating any of the provisions of this Chapter 410 or any other person participating or taking any part in a violation of any of the provisions of this Chapter shall upon conviction be punished by a fine of not more than five hundred dollars ($500.00) for each offense or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Each day a violation continues after service of written notice from the City administration to abate such violation shall constitute a separate offense.
[Ord. No. 855 § 1, 9-14-2017]
Except where specifically provided by Missouri law, a failure of the City to follow the procedures set forth in this Chapter shall not invalidate any otherwise proper action taken by the City.