[CC 1976 §24½-31; Ord. No. 94-12, §1(Art. 4, §24½-4.1), 2-28-1994]
A.
Upon
Council's approval of a preliminary plan, four (4) copies of improvement
plans for subdivision or any part thereof, shall be submitted for
review to the Director of Public Works.
B.
Improvement
plans for phased subdivisions shall be reviewed as though they were
being submitted for the complete subdivision. Certain improvement
may be required outside of individual phases to insure adequate completion
of necessary facilities.
C.
The
plans, which detail the construction and types of materials to be
used in conjunction with the development of a subdivision, shall be
prepared by an engineer. Any alterations of common land or improvements
within the common land will require the submission of detailed improvement
plans and will be considered a required improvement.
D.
Improvement
plans shall be prepared on an exhibit not to exceed twenty-four (24)
inches by thirty-six (36) inches and shall contain the following information:
1.
Title page, which shall include a key map showing the relationship
of the area to be subdivided to the tract and which shall reflect
areas of the tract previously subdivided plus adjacent streets. In
addition, the name, address, and telephone number of the developer
and engineering firm, as well as an engineer's seal and signature.
2.
North arrow and graphic scale on each plan sheet.
3.
One (1) or more benchmarks, in or near the subdivision, to which
the subdivision is referenced. The identity and elevation shall be
based on U.S.G.S. data. Site benchmark shall be tied into an approved
benchmark.
4.
List of the standards and specifications followed, citing volume,
section, page, or other references.
5.
Grading and paving details conforming to City standard specifications
and requirements.
6.
Details of streets including: Location and width of all proposed
public or private rights-of-way and private roadway easements, existing
and proposed sanitary sewers, drainage channels, swales, storm sewers,
including adequate natural discharge points, detention facilities.
7.
The developer shall submit an erosion/siltation control plan for
the site development and all interim phasing. The plan shall indicate
the location and type of facilities proposed. No clearing or grading
operations shall be commenced prior to approval of the plan. The Director
of Public Works may require modification or additions to the plan
should proposed measures not adequately control erosion and siltation.
The developer shall maintain all facilities until improvements are
accepted.
8.
Plans and profiles shall be a scale of not less than one (1) inch
equals fifty (50) feet horizontal and one (1) inch equals ten (10)
feet vertical.
9.
If the required scale does not permit the entire development to be
shown on one (1) plan sheet, an additional sheet shall be added showing
the entire development at the largest scale possible.
[CC 1976 §24½-32; Ord. No. 94-12, §1(Art. 4, §24½-4.2), 2-28-1994]
A.
The
procedure for reviewing improvement plans shall be as follows:
1.
There shall be submitted copies of paving and street grade plans,
together with drainage maps and run-off sheets for stormwater and
sanitary sewer plans. The Missouri Department of Natural Resources
shall be included as one (1) of the reviewing agencies when the tract
to be developed requires a sanitary treatment facility. Corrections
or additions shall be made, if required. The plans shall be forwarded
to the Director of Public Works for verification of compliance with
applicable provisions of this Chapter and appropriate zoning requirements.
Nothing in this Chapter shall prevent the developer from submitting
improvement plans to other agencies prior to improvement plans being
submitted to the Director of Public Works. Payment of inspection fees
and final approval of the plans by all reviewing agencies (including
the Director of Public Works) constitutes authority to proceed with
construction of improvements necessary to serve the development.
2.
Approval of improvement plans by the respective agencies described
above shall be valid for a period of two (2) years from the date of
approval. If construction is not commenced within said two (2) year
period, all approvals shall be null and void. The Director of Public
Works may, upon a developer's petition, grant an extension of time.
If the construction of the improvements will not be completed within
the two (2) year period or such longer period as the Director may
permit, a resubmission of the improvement plans to the appropriate
agencies will be required. Any request for such an extension must
be filed with the Director prior to expiration of approvals.
[CC 1976 §24½-33; Ord. No. 94-12, §1(Art. 4, §24½-4.3), 2-28-1994]
A.
After
the improvement plans have been approved and all inspection fees paid,
but before approval of the record subdivision plat, the developer
shall either:
1.
Complete the improvements in accordance with the approved plans under
the observation and inspection of the appropriate agency or agencies
(including the Department of Public Works); or
2.
Post a land subdivision bond or enter into an escrow agreement in
accordance with the provisions hereafter set forth. The land subdivision
bond or escrow agreement shall be prepared and executed on forms furnished
by the City and shall be submitted to the Council for approval. The
land subdivision bond or escrow agreement shall be approved by the
Director of Public Works and the City Attorney prior to being submitted
to the Council.
B.
A land
subdivision bond shall be issued by a surety company or title insurance
company and shall insure or guarantee, to the extent of the amount
specified by the Director of Public Works in its estimate of the cost
thereof, the construction and completion of the required improvements
shown by the approved improvement plans.
C.
An
escrow agreement shall provide that there shall be deposited with
the escrow agent to be held in an escrow account by the escrow agent,
subject to audit by the City:
1.
A cash amount not less than one hundred ten percent (110%) of the
amount specified by the Director of Public Works' estimate of the
cost of the improvements as reflected by the approved improvement
plans; or
2.
An irrevocable letter of credit or commitment from a lending institution
to the escrow agent guaranteeing the availability of a sum which shall
be not less than one hundred ten percent (110%) of the amount specified
by the Director of Public Works' estimate of the cost of the improvements
as reflected by the approved improvement plans; or
3.
Certificates of deposit, treasury bills, or other readily negotiable
instruments, the type of which has been approved by the City Attorney,
endorsed to the escrow agent and the cash value of which shall be
in an amount not less than one hundred ten percent (110%) of the amount
specified by the Director of Public Works' estimate of the cost of
the improvements as reflected by the approved improvement plans.
D.
Escrow
agreement shall remain in effect or the escrowed sum shall be held
in the escrow account by escrow agent until such time as the Director
of Public Works shall, by written authorization to surety or escrow
agent, release the surety from the obligation of bond or the escrow
agent from his/her obligation to retain escrowed sum in the escrow
account, which release may be partial, as improvements are completed
and approved; provided however,:
1.
The Director of Public Works shall authorize the release of the surety
or escrow agent from all or any part of its obligation only upon receipt
of the requisite written notification from the inspecting agency;
and
2.
In no case shall the Director of Public Works authorize release of
more than ninety percent (90%) of amount of the bond or escrow sum
originally being held and designated as the Director of Public Works'
estimate of the cost of the improvements until all of the improvements
have been completed in a satisfactory manner, approved by the Director
of Public Works and accepted or approved by resolution of the City
Council.
E.
The
term of land subdivision bond or the escrow agreement shall not exceed
two (2) years in duration subject to the following:
1.
If, at the end of the two (2) year period, all improvements reflected
by the approved improvement plans have not been completed, the Director
of Public Works may extend the term of land subdivision bond or escrow
agreement for a period not to exceed one (1) additional year at each
extension if, after review by the Director of Public Works, such longer
period is necessary to facilitate adequate and coordinated provisions
for transportation, water, sewerage, schools, parks, playgrounds,
or other public requirements. If improvements have not been completed
at the end of the two (2) year period or as extended by the Director
of Public Works, the Director of Public Works may:
a.
Require the surety to perform on the bond and remit to the City such
amount as shall be equal to the lesser of the amount required to complete
the improvements or the amount not theretofore released; or
b.
Require the escrow agent to remit to the City in cash or negotiable
instruments constituting the escrow sum, as the case may be, the balance
in the escrow account required to complete the improvements and the
balance, if any, in the escrow account which exceeds such amount shall
be returned to the developer; or
c.
Require the developer to submit a new land subdivision bond or escrow
agreement which has been recalculated in order to allow for any inflation
in the case of constructing improvements.
2.
If the surety fails to perform on the bond or the escrow agent fails
to remit the amount required within thirty (30) days after written
request, the Director of Public Works may recommend to the Council
that the City Attorney take immediate action to require performance
by the surety under the bond or to secure the payment by the escrow
agent of the amount required.
F.
To
be eligible, escrow agents and sureties shall be approved by the City
Attorney. All escrow agents and sureties shall annually provide the
City with a certificate of good standing issued by the State of Missouri.
All escrow agents and sureties shall be subject to spot audits by
the City under the supervision of the Director of Finance. If the
escrow agent or surety fails to comply with any of the provisions
of the escrow agreement or the land subdivision bond, the escrow agent
or surety shall not thereafter be allowed to act as escrow agent or
surety for any subdivision improvement in the incorporated area of
Overland for a period of two (2) years.
[CC 1976 §24½-34; Ord. No. 94-12, §1(Art. 4, §24½-4.4), 2-28-1994]
After the sanitary sewers, storm sewers, sidewalks, and pavement
have been constructed and installed, but before the Director of Public
Works recommends acceptance, the developer shall submit as-built drawings
of the above improvements on reproducible mylar stock.
