[R.O. 1996 § 410.010; 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.
[R.O. 1996 § 410.020; Ord. No. 855 § 1, 9-14-2017]
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.
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.
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.
Planning and Zoning Commission of Gerald, Missouri.
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.
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:
A tract of land consisting of five (5) acres or less of land
proposed for subdivision into four (4) or less lots.
City Clerk, or his/her designee, of the City of Gerald.
[R.O. 1996 § 410.030; 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:
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.
[R.O. 1996 § 410.040; 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.
[R.O. 1996 § 410.050; 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) 11 x 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 24 x 36 inch or 30 x 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, semipublic
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. (USGS data will be acceptable.)
o.
Tree masses.
p.
Location of existing structures.
q.
Scale, north arrow and date.
r.
Grading plans.
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 24 x 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 24 x 36 inch or 30 x 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 (E)(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 (E)(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.
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[R.O. 1996 § 410.060; 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
culs-de-sac 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 (A)(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 Benchmarks.
1.
Survey Procedures.
a.
Prior to recording a new subdivision
plat, the surveyor shall establish semipermanent, 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 (B)(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 semipermanent 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.
Semipermanent 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. PK nails and concrete nails
are not to be used as semipermanent 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 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 center line of an existing watercourse
nor be on a slope of twenty-five percent (25%) or greater grade.
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.
Streetlighting. Streetlighting 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.
[R.O. 1996 § 410.070; 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.
[R.O. 1996 § 410.080; 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.
[R.O. 1996 § 410.090; 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.
[R.O. 1996 § 410.100; 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 as set out in Section 100.250 of this Code. Each day a violation continues after service of written notice from the City administration to abate such violation shall constitute a separate offense.
[R.O. 1996 § 410.110; 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.
