Any owner or proprietor of any tract of land who subdivides
that tract of land and who violates any of the provisions of this
regulation shall be subject to the penalties provided herein.
A.
Filing fee.
1.
To defray partially the costs of notification and administration
procedures, there shall be paid to the City Clerk or his/her designee,
at the time of submission of a preliminary plat or site plan.
2.
No action of the Planning and Zoning Commission or Mayor and Board
of Aldermen shall be valid until the fee has been paid to the City
Clerk or his/her designee. This fee will be charged on all plats,
regardless of the action taken, whether plat is approved or disapproved.
Any resubmittal of a revised plat involving a review by the Planning
and Zoning Commission will be subject to the same fee procedure as
established by Ordinance.
B.
Approval.
1.
No plat of a subdivision shall be recorded or land development started,
excluding location of utilities, soil testing, core sampling, or surveying
unless approval for same is granted by the City Engineer, or until
the preliminary plat has been submitted to and approved by the Planning
and Zoning Commission in accordance with the regulations set forth
in these regulations and so certified by the City Clerk.
2.
The preliminary plat shall include, at a minimum, all contiguous
property for which a developer or land owner are the fee simple owner
or owner under contract.
C.
Prepared by registered land surveyor. Every plat shall be prepared
by a Registered Land Surveyor duly licensed by the State, who shall
endorse upon each plat a certificate signed by him/her setting forth
the title of the owner of the land subdivided, and the place of record
of the last instrument in the chain of the title, and shall cause
his/her seal to be affixed on the face of the plat.
D.
Required statement. Every plat or the deed of dedication to which
such plat is attached, shall contain, in addition to the Registered
Land Surveyor's certificate, a statement to the effect that "The above
and foregoing subdivision of (here insert correct description of the
land subdivided) as appears in the plat in question, is with free
consent and in accordance with the desire of the undersigned owners,
proprietors and trustees, if any, shall be duly acknowledged, before
some officer authorized to take acknowledgments, of deeds and when
then executed and acknowledged, shall be filed and recorded in the
office of the Recorder of Deeds of Lincoln County and indexed under
the names of the owners of the lands signing such statement and under
the name of the subdivision".
E.
Recording. Any owner or any proprietor of any tract of land situated
within the Corporate Limits of the City who subdivides the same shall
cause a plat of such subdivision, with reference to known or permanent
monuments, to be made and recorded in the office of the Recorder of
Deeds of Lincoln County. No plat shall be recorded in the office of
the Recorder of Deeds unless and until as provided for in this article.
No lot subject to this article shall be sold unless first established
by provisions of this article. No Building Permit shall be issued
for construction on a parcel or lot created in violation of this article.
A.
Improvement plans, including the following, for improvements to be
installed shall be prepared by a qualified Registered Professional
Engineer and submitted in accordance with the specifications of the
City and/or City Engineer or his/her designated representative.
B.
Street plans and profiles.
C.
Grading plan and sewer plans and profiles.
1.
A plan for the grading of the proposed development showing existing
ground contours at intervals of five feet or less and proposed contours
at two feet intervals.
2.
The plans and profile of proposed sanitary sewers and stormwater
system and storm drainage plans, with grade and size indicated. The
drainage area contributing to the flow in each storm sewer shall be
shown on a map and hydraulic calculations shall be provided for all
sewers.
D.
Water distribution plan. A plan of the proposed water distribution
system, showing pipe sizes and the location of valves and fire hydrants.
E.
Erosion control plan. An erosion control plan identifying specific
control methods to be used during site development. The plan shall
also include procedures to be implemented to prevent unacceptable
levels of soil, rock, and gravel being deposited on existing public
streets and/or property via construction traffic.
F.
Utility plan. A plan of the proposed utility systems, including but
not limited to, natural gas, electric, and telecommunication systems,
showing sizes and location of such facilities.
A.
Improvement guarantee required. After the site plan has been approved and all inspection fees paid, but before the issuance of any grading or building permits or the approval of the record plat, the developer shall guarantee the completion of all improvements required by the approved site plan together with the cost of restoration of any site in case of failure of the developer to complete the improvements so approved once land disturbance has commenced, and shall guarantee maintenance of such improvements as required herein. Except as provided in Subsection B below, the developer shall either:
1.
Complete and dedicate the improvements in accordance with the approved
site plan under the observation and inspection of the City Engineer,
and establish a maintenance agreement and provide a deposit to guarantee
maintenance of such improvements as required herein; or
2.
Establish a deposit under a deposit agreement with the City of Moscow
Mills guaranteeing the construction, completion, and installation
of the improvements ("construction deposit"), and establish a separate
deposit for maintenance obligations as required herein for the improvements
shown on the approved site plan ("maintenance deposit"), within an
improvement completion period approved by the City Engineer, which
period shall not exceed two years and which maintenance deposit shall
be established prior to the final construction deposit release.
B.
Exceptions. The City Engineer 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.
C.
Deposit options. Deposits 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:
1.
Cash deposited with the Treasurer of the City to be held in an interest-bearing
account dedicated for that purpose, with all interest accruing to
the City to offset administrative and other costs of maintaining the
cash deposits; or
2.
An irrevocable letter of credit drawn on a local financial institution
acceptable to and in a form approved by the City's counsel and the
City Engineer. The letter of credit may not be drawn on any financial
institution where the developer or a related person, directly or indirectly,
voluntarily or involuntarily, owns, operates, controls through stock
ownership or otherwise, or becomes employed by, advises, consults
with or represents in any capacity such financial institution; provided
however, nothing contained herein shall be construed to prohibit the
developer from: (i) investing in any such financial institution, so
long as he does not own or control 10% or more of such financial institution's
ownership interests, or 10% or more of any class of securities of
such financial institution, when the developer is a financial institution,
it may issue its own letter of credit. The letter of credit shall
provide that the issuing institution will pay, on demand, to the City
such amounts as the City may require to fulfill the developer obligations
herein, as the same may be reduced from time to time in writing by
the City Engineer. The letter of credit shall be irrevocable for least
one year and shall state that any balance remaining at the expiration
shall automatically be deposited in cash with the Treasurer of the
City, unless a new letter of credit is issued and agreed to by the
City or the City issues to the institution a written release of the
obligations for which the letter of credit was deposited. The developer
shall pay a non-refundable fee of $200 to the City with submission
of a letter of credit and $100 for any amendment or extension thereto
to partially reimburse the City's administration and review costs
in accepting and maintaining such letter of credit.
3.
Due to the costs of administering deposit agreements and the compliance
with State regulations relating thereto, any developer that elects
to use a deposit agreement in lieu of completing the improvements
as otherwise provided for in this chapter and Section 89.410, RSMo.,
shall deposit an additional fee of $500 that shall be used by the
City to defray costs of administration, legal review, procedural changes,
and other costs not otherwise reimbursed to the City resulting from
the City's acceptance of such deposit agreements. The developer shall
be obligated to reimburse the City for any additional costs, including,
but not limited to, reasonable attorney's fees, above such deposit
amount arising in any way from the City's acceptance of a deposit
agreement in lieu of completion of improvements prior to recording
the record plat. The developer may request a refund of principal amounts,
if any, of any initial or supplemental deposit of the costs attributable
to the improvements during the period of the deposit agreement by
written request made to the City Engineer within 30 days after the
developer has received the City Engineer's approval of any category
of improvements subject to such deposit agreement.
D.
Amount of deposit. The amount of the deposit required by this section
shall be calculated as follows:
1.
Construction deposit. The deposit required of a developer establishing
a deposit agreement pursuant to Subsection A2 shall be, in addition
to the separate maintenance deposit sum, in the amount of 100% of
the City Engineer's estimate of the cost of the construction, completion
and installation of the required improvements, plus a sum for grading
and restoration based on the estimated costs of construction on all
residential sites or a restoration sum for construction on all non-residential
sites calculated as follows: for sites of zero — one acre: $5,000;
one — three acres: $15,000; three — five acres: $25,000;
five — 10 acres or more: $50,000. The developer shall submit
a list of quantities and unit costs for materials and labor to construct
the improvements in order to facilitate the City Engineer's estimation
of the cost of such improvements. The unit costs shall be taken from
the most current edition of the St. Louis County Department of Highway
and Traffic's Design Criteria Manual, Schedule of Unit Prices. Any
items not listed within the Schedule of Unit Prices shall be submitted
by the developer's engineer.
2.
Maintenance deposit. The deposit required of a developer pursuant
to Subsections A1 and 2 for maintenance obligations shall be in the
amount of 15% of the City Engineer's estimate of the cost of the construction,
completion and installation of the required improvements, plus 100%
of the restoration sum. The maintenance deposit shall be established
by cash sum or submission of a separate letter of credit.
E.
Deposit agreement — releases. The deposit agreement entered
into with the City of Moscow Mills shall require the developer to
agree to fulfill the obligations imposed by this section, and shall
have such other terms as the City's counsel may require consistent
with this section. The deposit agreement shall authorize the City
Engineer to release the cash or reduce the obligation secured under
the letter of credit as permitted herein. Such releases or reductions
may occur upon completion, inspection and approval by the City Engineer
of all required improvements within a category of improvements, or
may occur from time to time as work on specific improvements is completed,
inspected and approved, provided however, that:
1.
Releases — general. The City Engineer shall release the cash
or release the letter of credit as to all or any part of the developer's
obligation only after construction, completion, and installation of
some phase of work on the improvements as indicated on the approved
site plan and receipt of requisite written notification from the City
Engineer, but only in the amounts permitted herein.
Closed circuit TV (CCTV) inspections for sanitary and storm
sewer mains to be dedicated to the City shall be required prior to
the initial release of any deposit agreement related thereto. The
CCTV inspection shall be conducted by the City at a cost to the developer
of $1 per lineal foot of sewer main. Said fee must be paid prior to
inspection of the mains. The developer may elect to conduct the CCTV
inspection itself, in which case the developer shall provide the City
with a videotape and written report prepared by an inspection company
or engineer approved by the City. The CCTV videotape and inspection
report shall be prepared in the format required by the City, and shall
describe the slope, location and type of deficiencies found. After
correction of any deficiencies, such deficiencies shall be reinspected
by the City at the above cited cost to the developer. No release of
the deposited funds for such improvements shall be made until the
deficiencies found have been corrected and dedicated.
2.
Extension of completion period. If, at the end of the required improvement
completion period, all of the improvements shown on the approved site
plan have not been completed, the developer may request and the City
may grant an extension to the improvement completion period for a
period of up to two additional years if after review by the City Engineer
such longer period is deemed necessary to facilitate adequate and
coordinated provisions for transportation, water, sewerage, schools,
parks, playgrounds, or other public improvements, facilities or requirements
so long as all deposit agreements are extended and approved by the
City's counsel; provided further, that the City Engineer may require
as a condition of the extension execution of a new deposit agreement,
recalculation of deposit amounts, or satisfaction of new code requirements
or other reasonable conditions as may be needed to ensure that the
extended deposit agreement fully complies with the terms of this section.
3.
Construction deposit releases. After an inspection of any specific
improvement, the City Engineer may, in the City Engineer's discretion,
release no more than 95% of the original sum deposited for the construction
of such specific required improvement. Irrespective of any discretionary
prior releases that may be authorized by the City Engineer, after
completion and dedication of any component of the guaranteed improvements
(i.e., less than all of the improvements in a given category), the
remaining amount held for any category of improvements shall be released
within 30 days of completion and dedication of all of the improvements
in such category of improvement, minus a retention of 5% which shall
be released only upon completion and dedication of all improvements
for the site. The City Engineer shall establish the improvement categories,
which may consist of improvement components or line items, to be utilized
for calculation of deposit amounts, but such categories, components,
and line items shall in no way modify or reduce the developer's deposit
agreement as to all required improvements, irrespective of any release
or completion of any category, or underlying component or line item.
All improvements in a category shall be deemed complete only when:
a.
Each and every component and line item within a category for the
entire site has been constructed and completed as required.
b.
The developer has notified the City Engineer in writing of the completion
of all components of the category, provided all necessary or requested
documentation, including a signed instrument of dedication therefor
and requests an inspection,
c.
The developer is not in default or in breach of any obligation to
the City under this section, including, but not limited to, the City
Engineer's demand for maintenance or for deposit of additional sums
required for the improvements, and
d.
The inspection has been completed and the results of the inspection
have been approved by the City Engineer. Releases of the maintenance
deposit amounts shall be as provided elsewhere in this section for
maintenance deposits.
4.
Effect of release — continuing obligations. The developer shall
continue to be responsible for defects, deficiencies, damage to and
maintenance of required improvements during development of the site.
No inspection, approval or partial release of funds from the construction
deposit as to any component or category shall be deemed to be the
City's final approval of an improvement or otherwise release the developer
of its obligation relating to the completion of all the improvements
until the final construction deposit release is made on all improvements
declaring that all improvements have in fact been constructed as required.
No such final inspection, approval and construction deposit release,
or any partial releases with respect to any portion of the required
improvements, shall constitute dedication and acceptance of the improvement
by the City as a public improvement of the City for which the City
shall bear any responsibility or be deemed to have accepted for maintenance.
5.
Deficient improvements. No approval of required improvements shall
be granted for improvements that fail to meet the specifications established
by City ordinance or otherwise adopted by the City Engineer.
6.
Final construction deposit 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 site is complete,
as determined by the City Engineer.
8.
Inspections.
a.
The City Engineer shall inspect each category of improvement within
20 business days after a request for such inspection has been filed
with the City Engineer by the developer, and no inspection shall be
required until such request is received by the City Engineer. For
purposes of this section, an "inspection request" shall constitute
and occur only on a completed written request form that shall include:
(1)
The category of improvement reflected in the deposit agreement
that is requested to be inspected;
(2)
A certification from a professional engineer registered in the
State of Missouri that the category of improvement has been installed
and is being maintained in conformance with the final approved site
plan and all applicable requirements thereto, and is therefore ready
for inspection; and
(3)
A verified statement from a representative officer of the developer
attesting that the information in the inspection request is true and
accurate.
b.
Nothing herein shall preclude the City Engineer from completing additional
inspections at his or her discretion or as a courtesy to the developer.
F.
Maintenance guarantee.
1.
Scope and duration.
a.
Upon commencement of installation of the required improvements within
the subject site, the developer shall be responsible for the maintenance
of the improvements, including undeveloped lots, streets, sidewalks,
common areas, and storm and drainage facilities, until the sooner
of:
b.
Maintenance shall include repair or replacement of all defects, deficiencies
and damage to the improvements that may exist or arise, abatement
of nuisances caused by such improvements, removal of mud and debris
from construction, erosion control, grass cutting, removal of construction
materials (except materials to be used for construction on the lot
or as permitted by site plan), and street deicing and snow removal.
All repairs and replacement shall comply with City specifications
and standards. The maintenance obligation for required improvements
to existing public roads or other existing public infrastructure already
maintained by a public governmental entity shall terminate on and
after the date such improvements have been inspected, and dedication
and maintenance of the improvements has been accepted by the Board
of Aldermen. Irrespective of other continuing obligations, the developer's
street deicing and snow removal obligations shall terminate on the
date a street is accepted by the City for public maintenance.
2.
Maintenance deposit — amount — use.
a.
The maintenance deposit shall be retained by the City to guarantee maintenance of the required improvements and, in addition to being subject to the remedies of Subsection G and other remedies of this Code, shall be subject to the immediate order of the City Engineer to defray or reimburse any cost to the City of maintenance or repair of improvements related to the site or subdivision which the developer fails or refuses to perform. Such costs shall include off-site damage caused by deficiencies in the improvements or failure of maintenance. Except in emergency circumstances or where action is otherwise required before written notice can be provided, the City Engineer shall provide the developer with a written demand and opportunity to perform the maintenance before having such maintenance performed by the City. The City Engineer shall have the authority to require the maintenance deposit to be replaced or replenished by the developer in any form permitted for an original deposit where the amount remaining is determined to be insufficient or where the maintenance deposit was drawn upon by the City for maintenance.
b.
In
determining the amount of maintenance deposit that shall continue
to be held, portions of the deposit amount that were attributable
to improvements that have been accepted by any third party governmental
entity or utility legally responsible for the maintenance of the improvement
may be released upon such acceptance of the improvement by that entity.
3.
Final maintenance deposit release. Upon expiration of the maintenance
obligations established herein, the City Engineer shall cause a final
inspection to be made of the required improvements. Funds shall then
be released if there are no defects or deficiencies found and all
other obligations are shown to be satisfied on inspection thereof,
or at such time thereafter as any defects or deficiencies are cured
with the permission of, and within the time allowed by, the City Engineer.
This release shall in no way be construed to indemnify or release
any person from any civil liability that may exist for defects or
damages caused by any construction, improvement or development for
which any deposit has been released.
4.
Dedication to City. The City will consider dedication of improvements
only after expiration of 12 months after final inspections have been
completed on 80% of all of the lots in the subject subdivision plat(s).
G.
Failure to complete improvements.
1.
The obligation and rights of the developer to construct, complete,
install and maintain the required improvements indicated on the approved
site plan and provide for their maintenance shall not cease until
the developer shall be finally released by the City Engineer, nor
shall any deposit agreements or obligations hereunder be assignable
or transferable by developer. Furthermore, in the event of a default,
abandonment, or failure of the developer to complete the improvements,
no other person, firm, entity shall acquire (whether by contract,
judicial foreclosure or other means) any rights to the remaining deposited
funds as a developer without entering into a separate deposit agreement
with 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 site plan are not constructed,
completed, installed, accepted and maintained as required, or if the
developer shall violate any provision of the deposit agreement, the
City Engineer may notify the developer to show cause within not less
than 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 or for the site during any period
in which the developer is in violation of the deposit agreement or
other provisions of this chapter relating to the subdivision or site.
If the developer fails to cure any default or present compelling reason
why no default should be declared, the City Engineer shall declare
the developer in default and may take any one or more of the following
acts:
a.
Deem the balance under the deposit agreement not theretofore released
as forfeited to the City, to be then placed in an appropriate trust
and agency account subject to the order of the City Engineer for such
purposes as letting contracts to bring about the completion or maintenance
of the improvements required on the approved site plan or other appropriate
purposes in the interest of the public safety, health and welfare;
or
b.
Require the developer, letter of credit provider or surety to pay
to the City the balance of the sum not theretofore released; or
c.
Require the developer to submit an additional sum sufficient to guarantee
the completion or maintenance of the improvements indicated on the
approved site plan after recalculation in order to allow for any inflated
or increased costs of constructing or maintaining the improvements.
2.
The failure of a developer to complete the improvement obligations
within the time provided by the deposit agreement (or any extension
granted by the City), 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.
H.
Other remedies for default. If the developer, letter of credit provider
or surety fails to comply with the City Engineer'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
or on the site without the timely prior completion of required improvements
or compliance with any deposit agreement provisions, the City Engineer
may, with the City's approval, in addition or alternatively to other
remedies:
1.
Suspend the right of anyone to build or construct on the site or
any undeveloped portion of a subdivision. For the purpose of this
subsection the "undeveloped portion" of a 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 Engineer shall give the developer 10 days'
written notice of an order under this subsection, with copies to all
letter of credit providers or sureties, as appropriate, who have outstanding
obligations for any undeveloped portion of the site or 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
Engineer is not convinced by compelling evidence that completion of
the improvements is adequately assured and maintenance of streets
assured as provided herein, the City Engineer shall order construction
suspended on the site or the undeveloped portion of the subdivision.
The order shall be served upon the developer, with a copy to the issuer
of the letter of credit or 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 Engineer at the site or subdivisions
or lots subject to said order.
a.
The notice shall contain the following minimum language, which may
be supplemented at the discretion of the City Engineer.
(1)
If said notice is for a site or subdivision:
THIS [SITE] SUBDIVISION, (name of [site] subdivision), HAS BEEN
DECLARED IN DEFAULT BY THE CITY OF MOSCOW MILLS CITY ENGINEER. NO
DEVELOPMENT, CONSTRUCTION, BUILDING OR DEMOLITION IN ANY MANNER SHALL
TAKE PLACE WITHIN THE LIMITS OF THIS [SITE] SUBDIVISION UNTIL SUCH
TIME AS THE CITY OF MOSCOW MILLS CITY ENGINEER 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 THE PROVISIONS OF THE MOSCOW MILLS CITY CODE.
(2)
If said notice is for a lot: THIS LOT, (lot number), HAS BEEN
DECLARED IN DEFAULT BY THE CITY OF MOSCOW MILLS CITY ENGINEER. 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 MOSCOW MILLS CITY ENGINEER 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 THE PROVISIONS
OF THE MOSCOW MILLS CITY CODE.
b.
The City shall not thereafter authorize construction to take place
contrary to the City Engineer's order. The suspension shall be rescinded
in whole or in part only when the City Engineer is convinced that
completion of the improvements is adequately assured in all or an
appropriate part of the site or subdivision and a guarantee of maintenance
provided; or
2.
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 City of Moscow Mills. The City Engineer
shall give the developer 10 days' written notice of an order under
this clause, with a copy to letter of credit providers or sureties
known to the City Engineer who 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 Engineer is not convinced by
compelling evidence that completion and maintenance of the improvements
is adequately assured as provided herein, the City Engineer shall
order construction suspended. The order shall be served upon the developer,
with a copy to the letter of credit provider or surety as appropriate,
and a copy recorded with the Recorder of Deeds. The City shall not
thereafter authorize construction to take place contrary to the City
Engineer's order. The suspension shall be rescinded only when the
City Engineer is convinced that completion and maintenance of the
improvements is adequately assured.
I.
Suspension of development rights. From and after the effective date
of this section, if a developer, or any related entity, has a subdivision
deposit agreement or guarantee that is in default, as determined by
the City Engineer, including any escrow or bond under any prior version
of this section:
1.
The City Engineer shall be authorized, but not be limited to, thereafter pursue the remedies of Subsection H of this section; and
2.
The rights of the developer, or any related entity, to receive site
plan 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 Engineer is convinced that completion and maintenance
of the improvements is adequately assured.
J.
Additional remedies. If any party fails to comply with any obligation
of this section, the City Engineer may, with the City's approval,
recommend that the City's counsel take appropriate legal action and
may also withhold any building or inspections to a 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 set-off of any funds or
assets otherwise held by the City of the developer to the maximum
extent permitted by law. Such set-off shall occur upon written notice
of such event by the City Engineer 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 that the
developer shall pay the City's costs, including reasonable attorney's
fees, of enforcing such agreement 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.
1.
If a surety fails to perform on any bond or any other party fails
to comply with any provision of this section, the City Engineer may
take such other and additional legal action as he or she deems appropriate.
2.
No surety shall be eligible to provide a bond required herein, nor
shall any financial institution be eligible to provide a letter of
credit, unless approved in advance by the City Engineer on such terms
and criteria as may be established by the City.
3.
Escrow.
a.
Escrow agreements and surety bonds approved and provided prior to January 1, 2019, shall continue to be governed in accordance with their terms and the provisions of the Moscow Mills City Code in effect at the time of their approval; provided however, anything to the contrary contained therein or herein, the same shall be subject to the remedies provided in this § 46.455 in the event of a default as hereinabove described or as set forth in such escrow agreement or surety bond.
b.
Escrow agreements and surety bonds approved and provided prior to
January 1, 2019, for which the required period of completion of improvements
has not yet lapsed may be submitted to the City Engineer for extension
or replacement only in accordance with the terms of this section,
as amended.
c.
Notwithstanding any other provisions of the Moscow Mills City Code
to the contrary with respect to an escrow agreement or surety bond
delivered to the City prior to January 1, 2019, the City Engineer
may approve a replacement escrow agreement or surety bond only in
accordance with the terms of this section, as amended.
A.
B.
Excavation permits. An Excavation Permit is required for all excavations
in new developments as well as previously developed areas of the City.
These permits may be applied for at City Hall.
C.
Site development permits. A Site Development Permit shall be required
for any property developed in the City of Moscow Mils. The Site Development
Permit shall be applied for at City Hall. At the time of permit issuance,
a fee shall be paid to the City of Moscow Mills according to the established
fee schedule.
A.
The final (record) plat shall contain as a minimum:
1.
Final plat. Upon completion of all required improvements or of an
escrow agreement for said improvements, the developer shall file with
the Commission the final plat of the subdivision of lot. (The final
plat may include all or any reasonably acceptable part of the approved
preliminary plat, and completion of improvements, or the escrow agreement
therefore need only cover that portion of the plat for which final
approval is requested.)
2.
Number of copies and required scale.
[Amended 7-12-2021 by Ord. No. 959]
a.
The applicant shall submit two large (36 inches by 24 inches) copies
and an electronic copy (in PDF format) of the proposed plat.
b.
The plat shall be drawn at a scale of 100 feet or less to the inch.
Said scale shall be indicated on the plat graphically. For all improvement
plans, record plats, and as-builts prepared using computer assistance,
a digital media copy of such information shall be submitted in an
AutoCAD DWG or other computer readable format approved by the City
Engineer prior to release of the plat for recording.
c.
Within 10 days following approval by the City of Moscow Mills Board
of Aldermen the applicant shall provide one large (36 inches by 24
inches) copy of the recorded plat and an electronic copy (in PDF format)
of the recorded plat.
3.
Bearing — distances. True bearings and distances to nearest
established street bounds, patent or other established survey lines,
or other official monuments, which monuments shall be located or accurately
described on the plat. Any patent or other established survey or corporation
lines shall be accurately monument-marked and located on the plat,
and their names shall be lettered on them. The length of all arcs-radii,
points of curvature and tangent bearings; all easements and right-of-way
when provided for or owned by public services (with the limitation
of the easement rights definitely stated on the plat); all lot lines
with dimensions in feet and hundredths, and with bearings and angles
to minutes. In addition, the outboundary of the subdivision shall
be tied to the Missouri Coordinate System 1983 in accordance with
the current Minimum Standards for Property Boundary Surveys 4CSR3O-16
and its subsequent amendments and the coordinates of the controlling
corners shall be shown on the plat.
4.
Monuments. The accurate location and material of all permanent reference
monuments.
5.
Lot and block numbers. Lots shall be arranged in numerical order.
The size of each lot shall be shown to the nearest square foot for
residential lots and nearest hundredths of an acre for commercial
and industrial lots.
6.
Dedicated property. The accurate outline of all property which is
offered for dedication for public use and of all property that may
be reserved by covenant in the deeds for the common use of the property
owners in the subdivision, with the purpose indicated thereon. Common
land shall be conveyed by the owner in fee simple absolute title by
warranty deed to trustees for the subdivision. All lands dedicated
to public use shall be marked on each plat "Dedicated to the Public"
and shall be accepted, in writing, by the Governing Body of the City
by affixing the signature of the duly designated official on the plat.
Also, the dedication script should include provisions for the use
of telecommunication services.
7.
Surveyor's certificate. Affidavit or certificate by a qualified Registered
Land Surveyor to the effect that he/she has fully complied with the
requirements of these regulations and the subdivided laws of the State
of Missouri governing surveying, dividing and mapping of the land;
that the plat is a correct representation of all the exterior boundaries
of the land surveyed and the subdivision of it; that the plat represents
a survey made and that all monuments indicated thereon actually exist
and their location, size and material are correctly shown.
8.
Easements. All easements, including standard utility perimeter easements,
drainage easements, and cross-access easements, shall be shown on
the record plat when applicable.
9.
Approval or disapproval of final plat.
a.
The developer shall submit the final plat of the proposed subdivision
which shall conform to the requirements as established within these
subdivision regulations at least 10 working days prior to the regular
meetings of the Planning and Zoning Commission at which the action
is desired.
b.
Within 60 days after the submission of a plat to the Commission,
the Commission shall recommend approval or disapproval of the plat,
unless the developer agrees in writing to an extension of this time
period; otherwise, the plat is deemed approved by the Commission.
c.
The Planning and Zoning Commission shall forward the Board of Aldermen
the Commission's recommendations pertaining to the proposed final
plat. All plats shall be acted on by the Planning and Zoning Commission
within 60 days of plat submittal to the City.
d.
The Board of Aldermen shall, upon the receipt of the recommendations
by the Planning and Zoning Commission, approve or disapprove the proposed
final plat.
e.
Tracts and platted lots contained in previously approved record plats
where some activity toward ultimate development has occurred in accordance
with the zoning and subdivision regulations which were in effect at
the time of approval of said plat by the City, and for which the City
has issued a permit, may be developed as previously approved.
10.
Tax paid certificate. Each plat requires a certification issued by
the authorized City and County Officials to the effect that there
are no unpaid taxes due and payable at the time of plat approval and
no unpaid special assessments, whether or not due and payable at the
time of plat approval, or any of the lands included in the plat, and
that all outstanding taxes and special assessments have been paid
on the property dedicated to public use.
11.
If a record plat does not include all property in an approved preliminary
plat or all remaining property where previous record plats of a portion
of a subdivision have been recorded:
a.
In a residential subdivision, no property may be omitted:
(1)
If a resulting tract is less than 10 acres in area or any resulting
side of an omitted tract is less than 300 feet in length, unless such
a side is the original boundary of the original legally-existing tract.
Until subdivided, such omitted tract is a developable lot on which
no more than one residence may be constructed; or
b.
In a non-residential subdivision, omitted property is not developable
and does not constitute a lot of record for any purpose under the
Zoning Code until included in a record plat.
12.
The plat must provide a note that all existing gas and/or hazardous
liquid pipelines or pipeline facilities through the subdivision have
been shown, or that there are no such existing pipeline facilities
within the limits of the subdivision.
The subdivision layout shall conform to the official Major Street
Plan or other elements of the Comprehensive Plan. Whenever a tract
to be subdivided embraces any part of a highway, thoroughfare or other
major or collector street so designated on said Major Street Plan,
such part of such public way shall be platted by the developer in
the location and at the width indicated in the Plan.
A.
The street layout of the subdivision shall be in general conformity
with a plan for the most advantageous and aesthetically pleasing development
of the entire neighborhood, including adjoining areas. Where appropriate
to the design, proposed streets shall be continuous and in alignment
with existing, planned or platted streets with which they are to connect.
1.
Dead-end streets. Dead-end streets of reasonable length (normally
not over (500 feet) may be approved with a cul-de-sac where necessitated
by topography or where, in the opinion of the Commission, they are
appropriate for the type of development contemplated.
2.
Intersecting streets. Proposed streets shall intersect one another
as nearly at right angles as topography and other limiting factors
of good design permit. Four-way intersections shall be used for minor
interior street wherever practicable and not in conflict with other
applicable design principles and standards. Street jogs with centerline
offsets of less than 125 feet shall be avoided.
3.
Half-width street. Wherever there abuts the tract to be subdivided
a dedicated or platted and recorded half-width street or alley, the
other half-width of such street or alley shall be platted such that
the ultimate right-of-way conforms to the minimum standards included
herein.
4.
Block widths. Blocks shall have sufficient width to provide for two
tiers of lots of appropriate depth, except in the case of reversed
frontages.
5.
Block length. The length of blocks shall be such as may be appropriate,
in the opinion of the Planning and Zoning Commission, for the locality
and the type of development contemplated, but shall generally not
exceed 1,200 feet.
6.
Access.
a.
Each lot shall be provided with access to a public street or highway
to assure convenient ingress and egress to and from such lot, and
to provide adequately for the layout of utilities, garbage and waste
removal, fire and police protection, and other services, and to protect
and further the public health and safety generally.
b.
Commercial and industrial developments shall not be directly accessed
via a street from areas zoned R-1, R-1(A), R-2, R-3, or R-1M, S-D,
unless special circumstances exist as may be determined by the City
Engineer.
7.
Curb cuts. The location of all curb cuts, driveways, entrances, or
other street access points within City rights-of-way shall be as reviewed
and approved by the City Engineer. Proposed curb cuts, driveways,
entrances, or other street access points shall be indicated on a site
development plan or plot plan. The fee for curb cuts, driveways, entrances,
or other street access points review shall be paid to the City of
Moscow Mills according to the established fee schedule.
Utility easements, where required, shall be at least 10 feet
wide (five feet on each side of the lot line) along rear, front and
side lot lines. Easements of adequate width shall be provided for
open drainage channels, where required. Easements five feet in width
may be allowed for underground cable installations.
A.
The size, shape and orientation of lots shall be appropriate for
the location and physical character of the proposed subdivision, and
for the type of development contemplated in compliance with the applicable
zoning Ordinance or regulations.
1.
Depth. Excessive depth in relation to width shall be avoided. (A
proportion of one to one and two to one will normally be considered
appropriate, except in the case of narrow lots).
2.
Street access. Every lot shall abut onto a street unless approved
by the Planning and Zoning Commission and Board of Aldermen.
3.
Width. Lots of residential purposes shall have sufficient width at
the building setback lines to permit compliance with side yard or
distance requirements of the applicable zoning Ordinance or regulations
and still be adequate for a building or practicable width.
4.
Double-frontage. Except as otherwise provided herein, double-frontage
lots and reversed frontage lots shall be avoided.
5.
Side lot lines. Where practicable, side lot lines shall be approximately
at right angles to the right-of-way line of the street on which the
lot faces.
6.
Corner lots. Corner lots for residential use shall be platted wider
than interior lots to permit compliance with the yard and setback
requirements for the applicable zoning Ordinance.
7.
Minimum lot size. Where not otherwise determined by applicable zoning
ordinance or regulations, the minimum lot size for residential purposes
shall be 8,400 square feet with a minimum frontage of 50 feet, a minimum
side yard of six feet on each side, a rear yard of 25 feet (except
for accessory structures) and a front yard of 25 feet.
8.
No utilities. Where public sanitary facilities and/or water are not
accessible, the lot size shall be determined in accordance with other
requirements of this article.
9.
Pipeline setback. All lot lines depicted on plats for residentially
zoned Districts shall be a minimum of 25 feet from the nearest existing
gas pipeline and/or hazardous liquid pipeline, as built, measured
parallel to and from the center of such pipeline.
A.
Streets shall be graded to full width of the right of way and be
constructed in accordance with the City of Moscow Mills Ordinances,
Standards and Regulations.
B.
Improvements of existing streets. For any development fronting or
abutting an existing road or street, it shall be the responsibility
of the developer, as a minimum, to bring the road or street up to
City specifications to the centerline of the road or street. The required
improvements shall generally be in accordance with provisions of the
Comprehensive Plan and may include widening, overlay, shoulder installation,
sidewalk, curb and gutter and other drainage control items. The City
Engineer shall make the final decision of the improvements required
after review of said Plan. The City Engineer shall stipulate additional
right-of-way requirements necessary to permit the completion of the
Plan. Incidental to new development, developer and/or builder shall
dedicate the necessary right-of-way. The City Engineer may also require
dedication of additional right-of-way to permit the City to complete
future improvements envisioned in the Comprehensive Plan.
C.
All public streets shall be constructed to meet or exceed the City
of Moscow Mills Ordinances, Standards and Regulations.
D.
Private streets, including multiple-family access streets, shall
have pavement thickness and width constructed to meet or exceed the
City standards for public streets. Maintenance of these streets shall
be the sole responsibility of the property owners or trustees of the
subdivision. Right-of-way or easement width for private streets shall
be the minimum width required for public streets by this article.
E.
When streets are proposed as private, the developer shall be required
to have either a trust indenture or statement on the record plat establishing
the method for providing continuous maintenance of streets, as well
as storm sewers.
F.
The pavement width set forth in the street specifications for multiple-family
access streets does not allow for parking, nor will parking be permitted
on the streets. For each parallel parking space adjacent to these
streets an additional width of 10 feet shall be provided. Additional
parking requirements shall be provided herein and by the standards
established by the Commission.
G.
No street will be considered for dedication as a public street which
has not been constructed to all City standards for public streets
including, but not limited to right-of-way width, pavement thickness
and width, and no adjacent perpendicular parking.
H.
On all private streets the developer shall provide independent certification
by a qualified Registered Professional Engineer that streets are constructed
to the applicable City specifications.
I.
Driveway and parking lot approaches located within public right-of-way
shall be maintained by the owner or subdivision trustees, including
but not limited to, snow removal and structural integrity.
J.
Private streets to be marked by permanent signs.
1.
Streets proposed as private shall have posted, at each access front
a public roadway, a permanent sign 24 inches by 36 inches stating:
"Private Streets Owned and Maintained by Trustees of this Subdivision".
These signs shall be posted prior to the issuance of any Building
Permits and maintained throughout the construction period by the developer.
Thereafter these signs shall be maintained by trustees of the subdivision
or development.
2.
"Permanent" under this section is defined as a metal sign painted
with exterior paint mounted on a 2 1/2 inch minimum diameter
metal post or a four by four-inch treated wood post anchored in at
least two feet of concrete below grade.
A.
Every subdivision or land development shall provide necessary stormwater
controls and stormwater management systems adequate to serve the area
being platted as determined by the City Engineer.
B.
Chapter 47 of the Moscow Mills Municipal Code established regulations to lessen hazards to persons and damage to property caused by increased stormwater runoff resulting from development of land. It is essential that the provisions of Chapter 47 be readily adhered to in order to assure timely approval of the preliminary plat or site plan and the improvement plans.
A.
Resubdivision — revision of lot lines with a plat — previously
approved and recorded. In the case of a proposed revision of lot(s)
line(s) within a plat previously recorded, an amended final plat showing
said proposed revised lot(s) line(s) shall be presented to the City
and shall follow the same procedures set forth in VIII. Subdivision
Regulations.
B.
Lot-split. When a lot which is contained on a record plat which has
been approved by the City of Moscow Mills and duly recorded at the
Lincoln County Recorder's office, a proposed lot-split of said recorded
lot which lot-split does not change any of the external lines of said
recorded lot shall be presented to the Planning and Zoning Commission
at their regularly scheduled meeting for review and if the Commission
is satisfied that such proposed lot-split is not contrary to applicable
regulations, shall within 20 days after the meeting at which the plan
was presented approve such lot-split. The Commission may require the
submission of a sketch, plat, record of survey and such other information
as it may deem pertinent to its determination hereunder. This provision
shall apply only to lots upon which a structure has been erected.
C.
Modification — undue hardship. In any particular case where
the developer can show by plan and written statement that, by reason
of exceptional topographic or other physical conditions, literal compliance
with any requirement of these regulations would cause practical difficulty
or exceptional and undue hardship, the Commission may modify such
requirement to the extent deemed just and proper, so as to relieve
such difficulty or hardship; provided such relief may be granted without
detriment to the public interest and without impairing the intent
and purpose of these regulations of the desirable general development
or welfare of the neighborhood and the community in accordance with
the Comprehensive Plan and the Zoning Ordinance. Any modification
thus granted shall be read into the minutes of the Planning and Zoning
Commission setting forth the reasons which, in the opinion of the
Commission, justified the modification.
A.
Purpose. To provide a procedure whereby the construction of a display
house or multiple-family display unit can begin prior to the recording
of the record subdivision plat.
B.
Procedure. After receiving approval of a preliminary plat of a proposed
subdivision from the Planning and Zoning Commission, the developer
may submit a display plat to the Board of Aldermen for review and
approval. There may be two display houses or units for subdivisions
proposing less than 10 lots or units. Developments containing at least
10 lots or units and not more than 60 lots or units proposed shall
be allowed three display houses. For developments containing greater
than 60 lots or units, one additional display house or unit for every
20 houses or units proposed beyond 60 will be permitted, not to exceed
10 display house or units.
C.
Display Plat The display plat shall include a complete outboundary
survey of the proposed subdivision and the location of each display
unit in relation to proposed lots. The plat shall comply with the
requirements of the City Engineer including, but not limited to, the
following:
1.
The display plat shall be filed with the Board of Aldermen and the
City Engineer for review and approval. The established fee, payable
to the City of Moscow Mills, shall be submitted with the display plat.
A copy of the approved display plat shall be forwarded to the City
Clerk's office for filing.
2.
The display plat shall become null and void upon the recording of
a record plat which establishes that each display is on an approved
lot.
3.
No part of the proposed subdivision may be conveyed for any structure
therein until the display house or units have been located on an approved
lot.
4.
If initial construction of a display has not commenced within 60
days, the approval shall lapse and the display plat shall be null
and void.
5.
Display lots should be on an approved lot of record within one year
of the display plat's approval or such longer periods as may be permitted
by the. Board of Aldermen If the record plat is not filed, the then
owner shall remove or cause to be removed all display houses or units
from the property. Failure of owner to remove the display houses or
units from the property within one year plus 30 days of date of approval
shall constitute the granting of authority of the City of Moscow Mills
to remove or cause the display houses or units to be removed, the
cost of which shall be borne by the owner and shall become a lien
against the property.
D.
Condominium plat. Upon approval of the development plan for a proposed
condominium project and after recording the record plat or easement
and right-of-way dedication plat, the developer may obtain approval
of individual units consistent with the site development plan. The
condominium plat shall be consistent with all applicable State regulations.
Plats for individual units shall be signed by the City Clerk and City
Engineer for the City of Moscow Mills.
A.
The purpose of this section is to allow adjustments to be made to
lot lines of platted lots or other lawful parcels for the purpose
of adjusting the sizes of building sites; however, it is not intended
that extensive replatting be accomplished by use of this section.
B.
Boundary adjustments must meet the following criteria:
C.
Procedure.
1.
A boundary adjustment shall be accomplished by plat depicting the
boundaries of the original lots and of the adjusted lots.
2.
The boundary adjustment plat shall be submitted to the Planning and
Zoning Commission and City Engineer for their review. If found to
be in compliance with this and other applicable ordinances, the boundary
adjustment plat shall be signed by the City Engineer and then be forwarded
to the City Clerk's office for approval for recording.
3.
The boundary adjustment plat shall be recorded in the office of the
Lincoln County Recorder of Deeds. A copy of the recorded display plat
shall be returned to the City Clerk.
4.
The boundary adjustment plat shall be submitted to the Board of Aldermen
and City Engineer for their review. The established fee, payable to
the City of Moscow Mills, shall be submitted with the boundary adjustment
plat.
A.
Prior to starting any of the work, the developer shall make arrangements
with the City Clerk to provide for inspection of the work, sufficient,
in the opinion of the City Engineer, to assure compliance with the
plans and specifications as approved. A minimum of 24 hours' notice
shall be given for each phase of work (sanitary sewer construction
or street construction). Fees for the appropriate initial inspections
are covered in the cost of the site development permit.
B.
Supplemental inspection. In addition to the required inspections
heretofore specified, the City Engineer may make or cause to be made
other inspections which, in his/her judgment, are reasonably necessary
due to unusual construction or circumstances. The City Engineer shall
have the authority to inspect any construction work in order to ascertain
whether compliance with City Codes and specifications are being met
and in order that he/she may properly enforce the rules promulgated
by this Code. The inspections may include, but are not limited to,
all other phases of construction. A fee may be assessed for each additional
inspection.
C.
Extra inspection. If by judgment of the City Engineer an inspection
requested is not ready or accessible for inspection, or in the judgment
of the City Engineer the applicant has caused the City extra inspections
other than the typical required, a fee may be assessed for each additional
inspection or reinspection.
The construction of all improvements required by these rules
and regulations shall be completed within two years from the date
of approval of the final plat by the Planning and Zoning Commission
unless good cause can be shown for the granting of an extension of
time by authority of the Commission.
A corrected reproducible print of "as-built" plans of all items
dedicated to the City including, but not limited to, sanitary sewers,
storm sewers, water distribution lines and any significant modification
of streets shall be submitted to the City upon completion of these
facilities prior to formal acceptance of any instrument of dedication
of these improvements for maintenance by the City of Moscow Mills.
These plans shall be prepared by a qualified Registered Professional
Engineer. A copy of the recorded record plat shall also be filed with
the City. Sanitary sewer lateral data, as constructed, shall be supplied
to the City Engineer. For all improvement plans, as-built plans, prepared
using computer assistance, a digital copy of such information shall
be submitted in a "Microstation DGN" or other computer readable format
approved by the City Engineer.
Where the subdivision contains sewers, sewage treatment plants,
water supply systems, stormwater management facilities, or other physical
facilities that are necessary or desirable for the welfare of the
area or that are of common use or benefit and which are not or cannot
be satisfactorily maintained by an existing public agency, provision
shall be made, which is acceptable to the agency having jurisdiction
over the location and maintenance of such facilities, for the proper
and continuous operation, maintenance, and supervision of such facilities.
A.
Street name signs and traffic control signs are to be reflective
and shall be installed by the City at the developer's expense. The
City shall be paid by the developer for the cost of the signage and
sign installation, as determined by the City Engineer, in the form
of a cash payment to be provided prior to the installation of the
signs and prior to the final subdivision plat being signed and sealed
by the City.
B.
For purposes of street naming, the Lincoln County 911 Emergency Service
Department shall review and approve said names and their appropriate
suffixes.
C.
Whenever a new street is constructed along the approximate alignment
or extension of an existing street, its name shall be the same as
that of the existing one.
D.
Whenever a cul-de-sac street serves not more than three lots, the
name of the intersecting street shall apply to the cul-de-sac.
E.
To avoid confusion and improve coordination of street naming, developers
shall present a letter to the City from the Lincoln County 911 Emergency
Services Department attesting to the fact that the street names of
their proposed subdivision do not duplicate others in the County.
This letter shall accompany the preliminary plat as part of the overall
required documentation and no plat shall be approved by the Planning
and Zoning Commission without such letter.
F.
Street address(es) shall be provided for each lot after a review
has been made by the appropriate U.S. Post Office and the Lincoln
County 911 Emergency Services Department. Addresses shall be provided
for the development before the first Building Permit is requested.
A.
Easements for underground conduits or cables for electric, telephone
and cablevision lines shall be provided along rear and side lot lines.
B.
In all subdivisions, and along all arterial and collector roadways,
electric, telephone and cablevision distribution lines shall be installed
underground, except those overhead distribution feeder lines necessary
to serve that subdivision and in locations approved by the City. The
City may approve above-ground installations in whole or part for both
residential and non-residential subdivisions only when a request is
submitted by the developer with documentation that supports the impracticability
of installing underground service. The City may consider, but not
be limited to, the following conditions when approving above-ground
service:
A.
Permanent and other monuments shall be placed in accordance with
the following requirements and under the supervision of the City Engineer
or his/her designee:
1.
Street points. Monuments shall be set at the intersection of all
streets and the beginning and end of all curves along street centerlines.
2.
Curb marks. Curbs shall be permanently marked at the beginning and
end of all curves and at the prolongation of all lot sidelines.
3.
Corner markers. Metal rods or bars of a permanent nature shall be
set at the rear lot corners; top to be set not more than 12 inches
above ground.
Structures including, but not limited to, basketball backboards,
game-ball poles, and fence material (all types), shall not be erected
in any public street or road right-of-way, nor shall any portion of
said structure extend into any of said public right-of-way. This regulation
does not apply to signs posted by duly constituted public authorities
in the performance of their public duties or to temporary information
type signs.
