The total number of Lots is not increased;

The resultant Lots conform to all applicable regulations;

The establishment of new Streets or access easements is not required; and

A hardship for the future Development is not created.

An application for Boundary Adjustment Plat shall be submitted on forms prescribed for this purpose by the Director along with the application fee in accordance with Addendum A.[1]

Boundary Adjustment Plat applications shall be accompanied by a Final Plat signed and sealed by a professional engineer or registered surveyor licensed in the State of Missouri. The Final Plat shall include an adequate legal description of the boundaries or the original Lots and of the adjusted Lots.

Adjusted Lots shall meet all applicable requirements of the Zoning Code.

The Board shall have approval authority over Boundary Adjustment Plats, without recommendation by the Commission.

If no action is taken within sixty (60) days of a completed application as determined by the Director, the Board shall notify the Subdivider in writing the reason for the extended time to review such application.

Once approval is granted by the Board, the Subdivider shall submit one (1) copy of the approved Final Plat drawn in permanent black ink on Mylar to the Community Development Department in addition to two (2) paper copies. The Final Plats shall be signed by the Director and the City Clerk. However, no Final Plats shall be signed until all conditions of approval have been met. One (1) paper copy and (1) Mylar of the signed Final Plat shall be returned to the Subdivider. The Commission shall maintain one (1) paper copy and associated documents on file.

The Subdivider shall be responsible for recording the Boundary Adjustment Plat with the Recorder of Deeds within sixty (60) days after the signing of the Final Plat and return two (2) paper copies of the Recorded Plat to the City. If any Recorded Plat is not filed within this period, the approval shall expire.

The recording of the Boundary Adjustment Plat will permit only the conveyance of the approved Lots. No building permit or certificate of occupancy shall be issued except in accordance with the provisions of Chapter 435, Article I.

An application for a Minor Subdivision Plat shall be submitted on forms prescribed for this purpose by the Director along with the application fee in accordance with Addendum A.

Minor Subdivision Plat applications shall be accompanied by Minor Subdivision Plat in compliance with applicable Final Plat requirements provided for in Section 440.140(B).

Lots in the Subdivision shall meet all applicable requirements of the Zoning Code.

Once approval is granted by the Board, the Subdivider shall submit one (1) copy of the approved Final Plat drawn in permanent black ink on Mylar to the Community Development Department in addition to two (2) paper copies. The Final Plat shall be signed by the Chairman of the Commission and the City Clerk.

However, no Final Plat shall be signed until all conditions of approval have been met. One (1) paper copy and (1) Mylar of the signed Final Plat shall be returned to the Subdivider. The Commission shall maintain one (1) paper copy and associated documents on file.

The Subdivider shall be responsible for recording the Minor Subdivision Plat with the Recorder of Deeds within sixty (60) days after the signing of the Final Plat and return two (2) paper copies of the Recorded Plat to the City. If any Recorded Plat is not filed within this period, the approval shall expire.

The recording of the Minor Subdivision Plat will permit only the conveyance of the approved Lots. No building permit or certificate of occupancy shall be issued except in accordance with the provisions of Chapter 435, Article I.

The name, address, and telephone number of the Subdivider.

Names of owners of all property adjoining the subject Lot(s).

The locator number, zoning, acreage, graphic scale, north arrow, location map, and date.

The name, address, seal, and signature of the preparer.

Location and length of existing and proposed Lot Lines and the number of proposed Lots.

Existing and proposed Streets and easements within and adjacent to the subject Property, including pavement materials and widths.

Contours and five-foot intervals.

Where applicable, the location of all watercourses, including lakes and ponds, within two hundred (200) feet and/or any 100-year floodplain and the floodway.

The location of existing and proposed water lines, sanitary sewer lines and storm drainage lines, and Structures.

The Subdivider shall submit an application for Preliminary Plat on forms provided by the City, along with the application fee in accordance with Addendum A. The Preliminary Plat, signed and sealed by a registered professional engineer or registered land surveyor licensed in the State of Missouri at a scale of not less than one (1) inch equals one hundred (100) feet, submitted with the application shall include the same details required for sketch plans in Section 440.090 in addition to the following:

The Commission shall hold an informational public meeting on the Preliminary Plat. The Subdivider shall be notified of the time and place of the public meeting by a letter sent no fewer than five (5) days before the scheduled date.

In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a Subdivision has been filed with the Commission.

Failure to comply with any notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval.

The Director shall write a recommendation to the Commission based upon the review of the Preliminary Plat. The Commission shall report to the Board its decision including any conditions of approval or reasons for denial. The Board may uphold or reverse the decision of the Commission.

Phasing Major Subdivision Plats. Prior to granting Preliminary Plat approval of a Major Subdivision Plat, the Subdivider may request the Plat to be divided into two or more phases. The Subdivider shall submit a master Preliminary Plat showing all future phases as well as a Preliminary Plat for the first phase(s) being submitted and from time to time thereafter for the remaining phases. The Commission may recommend, and the Board approve the phasing of the Subdivision through approval of the master Preliminary Plat with such conditions as it may deem necessary to assure the orderly development of the development. The Commission may recommend and the Board may require that the Subdivision improvement guarantee agreement be in such amount as is commensurate with the phase or phases of the Preliminary Plat to be filed and may defer the remaining amount of the guarantee until the remaining phases of the Preliminary Plat are offered for filing if doing so will adequately protect the public and ensure completion of all improvements necessary to support the phase or phases under review regardless of whether the improvements are physically located in the current phase or phases. In such case, the construction and Final Platting of the first phase shall be completed within two (2) years of the date of approval of the Preliminary Plat. Subsequent phases of the Preliminary Plat may be submitted covering portions of the approved Preliminary Plat; provided, however, that all phases of the Preliminary Plat must be completed within four (4) years of the date of approval of the Preliminary Plat. If all phases of the Preliminary Plat have not been completed within four (4) years of the date of approval of the Preliminary Plat, then the Preliminary Plat shall be resubmitted to the City for extension and approval in accordance with the provisions of Section 440.100 hereof. If an extension and approval is not granted, the original Preliminary Plat approval shall be null and void.

Standards for Approval of Preliminary Plats. No Preliminary Plat shall be approved by the Commission unless the Commission finds that the Subdivider proves by clear and convincing evidence that:

Approval. Approve the Preliminary Plat as submitted. Approval shall be valid for one (1) year, and extensions of approval may be granted by the Board. In the case of Subdivisions being developed by sections, extensions of approval shall be automatic for all sections so long as construction is in progress in any section.

Conditional approval. Approve the Preliminary Plat conditionally. The City may accept a plan addressing conditions of approval but shall not accept any submission from the Subdivider attempting to change, amend or otherwise modify the application or plan under review, unless the proposed changes are responsive to a condition or stipulation made by the Commission in its recommendation for approval of the Plat.

Disapproval. The Commission may disapprove the Preliminary Plat if the Preliminary Plat fails to comply with applicable requirements of this Code referencing reasons for disapproval.

Following approval by the Board, the Subdivider shall provide copies of approved Preliminary Plats as requested by the Director incorporating any required changes so that they may be signed by the Director; one (1) copy shall be returned to the Subdivider. Such plats shall state that the approval is not final and that the Preliminary Plat is not to be recorded. The Director shall include the expiration date on the plat.

Except when approved for phases, as described above, the Preliminary Plat approval shall be effective for one (1) year during which time the approved Preliminary Plat shall not be affected by any changes in these regulations or the Zoning Code. The Board may, in its discretion, grant an extension of time, up to a maximum of six (6) months. More than one (1) extension of time may be granted by the Board. If final approval or an extension has not been obtained during this period, the Preliminary Plat shall be null and void and preliminary approval shall again be required, subject to any new ordinance or physical change in the development area.

Preliminary Plat approval does not constitute acceptance of Streets, Lots, or other facilities to be dedicated.

The approval of a Preliminary Plat or extension thereof may be revoked after a duly noticed meeting for the same by the Board if there has been a major change in conditions involving the Subdivision which would adversely affect the public health, safety, or welfare or if the improvements approved are not built in accordance with plans. The Subdivider shall be notified of the time and place of the meeting by registered or certified mail sent not fewer than five (5) business days before the scheduled date.

The Subdivider shall submit five (5) sets of Improvement Plans based on the Preliminary Plat approved by the Board to the Director for review.

Improvement Plans at a scale of not less than one (1) inch equals one hundred (100) feet, shall include the following:

Improvement Plans shall be accompanied with the following documents:

Sanitary sewer and stormwater plans shall be reviewed and approved by MSD and such sewers shall be designed, constructed, and installed in conformance with MSD regulations.

The Director shall review the Improvement Plans to verify that the proposed Subdivision is in conformance with the Preliminary Plat and the City's design standards, and that all required items as provided in Section 440.110(B) above have been provided.

The Director may provide copies of the improvements plans to other appropriate City officials, professional consultants, and/other jurisdictional entities for review.

Once all required approvals have been provided and the Director has determined that all applicable provisions of this Chapter have been satisfied, the Director shall sign and date five (5) copies of the Improvement Plans. One (1) signed copy shall be returned to the Subdivider.

The Director shall give written notice to the Commission and Board of such approval.

Approval of the Improvement Plans shall be effective for one (1) year. No extensions shall be granted without the Subdivider resubmitting plans and the required accompanying documents for reapproval. A filing fee in accordance with Addendum A[1] for Preliminary Plat extension shall be charged for resubmission.

The filing fees and deposits set forth in Addendum A shall be paid in anticipation of the City's expenses incurred in processing the application or submission at issue, including, but not limited to, administrative and clerical costs, inspections, costs of title research, surveys, legal, engineering and planning review, cost of traffic and planning consultants employed by the City, publication expenses, expenses of notification to adjoining property owners, expenses of hearings including employing a court reporter, if requested by either the City or the Subdivider, and other investigations deemed necessary by the City. Processing and all other actions related to the application or submittal shall not proceed until the applicable fee is paid in full.

In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the City, the Director may document additional costs incurred by the City and request payment of same within thirty (30) days. Processing and all other actions related to the application shall not proceed until such additional sums are paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded to the Subdivider when so requested in writing.

Complete the improvements in accordance with the approved Improvement Plans under the observation and inspection of the appropriate public agency agreement; or

Establish a deposit under a deposit agreement with the City guaranteeing the construction, completion, and installation ("construction deposit") 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.

No guarantee or deposit is required with the City for sanitary and storm sewers required by MSD if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow, or renewal, extension, or replacement thereof.

The City may require any specific improvement to be installed prior to approval of the Final Plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.

Cash deposited with the City Clerk 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.

An irrevocable letter of credit drawn on a local Financial Institution acceptable to and in a form approved by the City Attorney. The instrument may not be drawn on any Financial Institution with whom the Subdivider or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the Financial Institution and the Subdivider. The letter of credit shall provide that the issuing Financial Institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City. The letter of credit shall be irrevocable for at least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk unless a new letter of credit is issued and agreed to by the City or the City issues to the Financial Institution a written release of the obligations for which the letter of credit was deposited. The Subdivider shall pay a non-refundable fee, in the amount set out in Addendum A,[1] to the City with submission of a letter of credit, and the same fee for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.

Releases-general. The City shall release the cash or release the letter of credit as to all or any part (by category) of the Subdivider's obligation only after construction, completion, and installation of all of the improvements as required by the approved Improvement Plans, receipt of requisite written inspection request from the Subdivider, receipt of requisite written notification from all appropriate inspecting public authorities, and approval by the Board (or its designee); and only in the amounts permitted herein.

Extension of completion period. If, at the end of the improvement completion period, all the improvements shown on the approved Improvement Plans have not been completed, the Subdivider may request and the Board may grant an extension to the improvement completion period for a period of up to two (2) years if after review by the City 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 guarantees are extended and approved by the City Attorney; provided that the City may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts, or satisfaction of new Code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of this Section 440.120.

Construction deposit releases. After an inspection of any specific improvements, the Director may at its discretion release up to but not more than ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the Director after completion 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 for the entire Subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion of all improvements for the Subdivision. The City 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 Subdivider's guarantee 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: (1) each and every component and line item within a category for the entire Subdivision has been constructed and completed as required; (2) the Subdivider has notified the City Clerk in writing of the completion of all components of the category, provided all necessary or requested documentation, and requests an inspection; (3) the Subdivider is not in default or in breach of any obligation to the City under this Section 440.120 including, but not limited to, the City's demand for maintenance or for deposit of additional sums for the Subdivision; and (4) the inspection has been completed and the results of the inspection have been approved in writing by the Director.

Effect of release—continuing obligations. The Subdivider shall continue to be responsible for defects, deficiencies, and damage to 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 Subdivider 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.

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.

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 Subdivision is complete, as determined by the Director.

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 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

Require the Subdivider or lender to pay to the City the balance of the surety not theretofore released; or

Require the Subdivider to submit an additional cash sum sufficient to guarantee the completion of the improvements indicated on the approved Improvement Plans after recalculation to allow for any inflated or increased costs of constructing the improvements.

The failure of a Subdivider 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 440.120 without further or prior notice. It shall be the sole responsibility of the Subdivider 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.

Suspend the right of anyone to build or construct on the undeveloped portion of the Subdivision. For the purpose of this Subsection 440.120(G), 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 Subdivider ten (10) days' written notice of an order under this Subsection 440.120(G) 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 Subdivider, 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:

Suspend the rights of the Subdivider, or any related entity, to construct Structures in any development platted after the effective date of such suspension throughout City and such incorporated areas as are under City jurisdiction. The City shall give the Subdivider 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 Subdivider 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 Subdivider, 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.

The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (G) of this Section 440.120; and

The rights of the Subdivider, 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.

If either has a principal or controlling interest in the other; or

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.

The Director and/or the City's engineering consultant shall make periodic inspections of the Subdivision improvements during the progress of construction.

The Director shall make his inspections as the official representative of the City.

A list of required inspections by the City shall be prepared by the Director.

The Subdivider shall notify the Director not less than forty-eight (48) hours in advance of required inspections that work is ready for inspection.

The Subdivider shall comply with all other inspection requirements of other agencies having jurisdiction within the City if any improvement in the Subdivision is within another agency's jurisdiction.

Any minor changes required during the course of construction shall be reviewed by the Director. All major changes, including increases in density, Lot or Street configuration, or proposed open space must be submitted and reviewed for approval by the Commission and Board.

All improvements shall be subject to the inspection and final approval of the Director.

The City shall be notified in writing five (5) days before any construction begins.

The Director shall be notified forty-eight (48) hours prior to any type of blasting, provided all applicable permits for handling of an explosive agent have been reviewed and approved.

All improvements have been completed in accordance with the approved Improvement Plans, or

A performance guarantee for any uncompleted improvements has been posted in conformance with the requirements set forth in Section 440.120.

The Subdivider shall submit an application for Final Plat on application forms prescribed for this purpose by the Director along with application fee in accordance with Addendum A.[1]

Copies of the Final Plat in the quantities required shall be submitted including the details and supporting information provided in this Subsection.

The submitted Final Plat shall conform to the Preliminary Plat. All minor changes, approved in writing by the Director, must be reported to the Commission before submission to the Board. If the Director determines that the changes are substantive, the revised preliminary plans must be returned to the Commission for review and approval.

The following certifications shall be submitted with the Final Plat application:

The Final Plat shall be prepared by a registered engineer or land surveyor at a scale of one (1) inch equals fifty (50) feet in any increments of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six (36) by forty-two (42) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the Director may permit a variation in the scale or size of the Final Plat. If more than one (1) sheet is required, a key map on sheet No. 1 showing the entire Subdivision at reduced scale shall be provided.

The Final Plat shall be executed by the owner and lien holder.

The Final Plat shall show and be accompanied by the following information:

No Final Plat shall be submitted to the Board, until the Subdivider has provided the Director with the following documents as they may be applicable:

The Board shall have approval authority over Final Plats.

If no action is taken within sixty (60) days of submittal of a Final Plat in accordance with this Section, the Board shall notify the Subdivider in writing the reason for the extended time to review such application.

Once final approval is granted, the Subdivider shall submit one (1) copy of the approved Final Plat drawn in permanent black ink on mylar to the Community Development Department in addition to two (2) paper copies. The Final Plat(s) shall be signed by the Chairman of the Commission and the City Clerk. However, no Final Plat(s)s shall be signed until all conditions of approval have been met. One (1) paper copy of the signed Plat and (1) Mylar shall be returned to the Subdivider. The Community Development Department shall maintain one (1) paper copy and associated documents on file.

The Subdivider shall be responsible for recording the Final Plat with the Recorder of Deeds within sixty (60) days after the signing of the Final Plat and return two (2) paper copies of the Recorded Plat to the City. If any Recorded Plat is not filed within this period, the approval shall expire.

The recording of the Final Plat will permit only the conveyance of the approved Lots. No building permit or certificate of occupancy shall be issued except in accordance with the provisions of Chapter 435, Article I.

In any case where the establishment of common land (including pedestrian walkways/bikeways and Cul-De-Sac islands), private streetlighting, drainage facilities such as Detention/Retention Areas and drainage pipe and ditches, or any other improvement that requires continuous maintenance, a Trust Indenture shall be established and recorded simultaneously with the recording of the Final Plat. The Trust Indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this Chapter.

For single Lot developments and developments with no common land, the Board may accept script certifying the means of maintenance on the recorded Final Plat.

Any common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that the common land be used for the benefit, use, and enjoyment of the Lot or unit owners, present and future, shall be the maintenance responsibility of the trustees of the Subdivision and that no Lot or unit owner shall have the right to convey his interest in the common land except as an incident of the ownership of a regularly platted Lot.

Any Trust Indenture required to be recorded or recorded for the purpose of compliance with provisions of this Chapter shall provide for not less than the following representation of purchasers of developed Lots among the trustees: one-third (1/3) of the trustees shall be chosen by purchasers of developed Lots or units after fifty percent (50%) of the Lots or units have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed Lots or units after ninety-five percent (95%) of the Lots or units have been sold; all of the trustees shall be chosen by purchasers of developed Lots after all of the Lots have been sold.

Each Trust Indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indenture.

The deeds and Trust Indenture shall be approved by the Director and the City Attorney prior to being filed with the Recorder of Deeds, simultaneously with the recording of the Final Plat.

Term of the Trust Indentures for all types of Subdivisions shall be for the duration of the Subdivision. In the event the Subdivision is vacated, fee simple title shall be vested in the then Lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their Lot or unit ownership. Any conveyance or change of ownership of any Lot or unit shall convey with its ownership in the common land and no interest in the common land shall be conveyed by a Lot or unit owner except in conjunction with the sale of a Lot or unit. The sale of any Lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.

Provision shall be made for the trustees to be vested with the power to dedicate the Streets to a public body and that prohibits the Subdivider from assessing Lot owners for items or matters that are within the required installation of the Subdivision.

If a Property being subdivided contains a lake/reservoir or portion thereof, the Subdivider shall submit a letter signed and sealed by a professional registered engineer that the lake/reservoir is safe and meets all rules and regulations of the Missouri Dam and Reservoir Safety and any other regulations governed by the Missouri Department of Natural Resources. If such regulations do not govern, safety guidelines as issued by the Corps of Engineers or other applicable guidelines or regulations shall be followed.

No grading or construction shall be permitted below a lake, dam, pond, or stream without submitting an engineering report stating the lake, dam, pond, or stream bank is safe and will not have any impact on the proposed development.

The boundaries or alignment of a lake, pond, or stream shall not be changed, and no grading or clearing shall be permitted within twenty (20) feet of such a water body except as may be approved by the Floodplain Administer, when the proposed changes are shown to have no adverse effect.

An association of Property owners with Lots containing or adjacent to a lake must be created in conformity with state law to be responsible for maintenance of the lake and/or dam.

A drainage easement must be provided for any watercourse, stream channel, or other drainageway; the easement must be wide enough to allow natural drainage, improvements to the channel, or the installation of a storm sewer.

Any change in an existing drainageway must be approved by the Floodplain Administrator.

Development in the 100-year floodplain must comply with provisions of the City of Fenton flood ordinances and the regulations of the Federal Emergency Management Agency (FEMA).

Generally.

Stormwater and stormwater control easements.

All easements shall be shown on a Record Plat or Special Easement Plat. Script on the Record Plat or Trust Indentures for all developments containing stormwater control easements and access easements to such areas shall specify assessments for and maintenance of such areas apart from other common land.

Where none are existing, survey monuments shall be placed by a registered land surveyor at Street corners; i.e., at a four-way Intersection, two (2) corners are required to be monumented, and at a three-way Intersection, one (1) corner is required to be monumented. For all other types of Intersections, monuments shall be placed as determined by the Director. In addition, monuments shall be so located to find angle points, points of tangency of curves on one (1) side of the Street, and at all out boundary corners.

Should conditions prohibit the placing of any monuments at the above locations, offsetting of the permanent marker is permitted; provided however, that the exact offset courses and distances are shown on the letter of certification when monuments are set. If a monument would be in a Driveway, a cross would be permitted in concrete; and a steel pin, iron pipe, or railroad spike in Asphalt.

Monuments shall be of Portland cement concrete, four (4) inches square on the top tapering to six (6) inches square on the bottom; stone, four (4) inches square or larger; and iron pipe or steel pins, from one-half (1/2) inch to one and one-half (1 1/2) inches in diameter. All monuments noted above will have a length of two (2) feet or longer.

An existing permanent benchmark or a new permanent benchmark shall be accessibly established and shall be accurately noted on the Record Plat.

All monuments shall be flush with the ground surface.

Lots shall be arranged so that they will be buildable, satisfy all requirements of the Zoning Code, and meet all health regulations.

Lots shall meet the minimum Lot Area and Lot Width at the required Front Setback as required by the Zoning District in which they are located. Corner Lots for Residential Use shall have adequate Lot Widths to permit appropriate Front Setbacks from both Streets.

Flag Lots are prohibited and shall not be further subdivided.

Side Lot Lines shall be approximately at right angles to straight Streets or radial to curved Streets unless a variation would result in a more appropriate Street layout or Lot arrangement.

Through Lots shall be avoided except where necessary to provide separation of a Subdivision from an Arterial Street or railroad or as otherwise required by topography. A solid fence, planting, or berms may be required for necessary Screening along any Lot Line abutting an Arterial Street or railroad.

Blocks shall be deep enough to allow two (2) tiers of Lots except where Arterial Streets, railroads, or topography prevent such an arrangement.

Where Lot Areas are large enough for possible Resubdivision, or where a portion of a Property is not subdivided, the layout must allow such Resubdivision and permit the opening of Streets where they would be required.

Private Streets shall only be authorized by a Special Use Permit. Otherwise, each Lot shall front on an approved public Street.

Wherever possible, no Lot used for Residential Uses shall have Frontage on or direct access to an Arterial Street. Corner Lots located at the Intersection of Arterial and Minor Streets shall have Driveway access from the Minor Street, if possible.

Where there is a question as to the suitability of a Lot or Lots for their intended use due to factors such as rock formations, soil conditions, steepness of terrain, flood conditions, or other adverse natural physical conditions, the Commission may withhold a recommendation for approval of such Lots until engineering studies are presented to the Commission which establish that the method proposed to meet any such condition is adequate to avoid any danger to public safety, health, and welfare, or Lot improvement.

All utilities, including, but not limited to, natural gas, electrical, telephone, and television cables, shall be buried.

Underground service connections shall be provided to each Lot by the Subdivider unless waived by the Commission and Board on good cause shown by Subdivider.

Utility boxes, transformers, and similar devices at ground level shall be screened by evergreen shrubbery except for those at the rear of Lots and except for those located in the Right-of-Way in which case, the Director may waive such requirement based on the characteristics of the area and Chapter 510.

Where the Director determines that an approved public water supply is reasonably accessible or procurable to the Subdivision, a system of water mains and fire hydrants shall be installed by the Subdivider. The system shall be designed to supply water service and fire protection to all Lots in the Subdivision and to ensure proper circulation within the system, in accordance with the standard specifications and requirements of Missouri American Water and the Fenton Fire District and installed under permit from and inspection by said entities.

Plans shall be prepared by a professional engineer registered to practice in the State of Missouri and shall carry the stamp of approval of Missouri American Water when submitted to the City for approval.

Locations of fire hydrants shall be approved by the Fenton Fire Protection District.

In the absence of public water supply, wells shall be constructed or a connection to a private water supply system shall be provided, so that an adequate supply of potable water shall be available to every Lot within the Subdivision. The information furnished and the approval of same shall comply with the requirements of the Missouri Department of Natural Resources. The water supply system shall be constructed under the observation and inspection of the St. Louis County Departments of Health and Public Works.

A system of sanitary sewers and appurtenances, providing a connection to each Lot in the Subdivision, designed in accordance with the standard specifications and requirements of MSD, and installed under permit from and inspection of said sewer district, shall be installed in the Subdivision.

Plans for the sanitary sewer system shall be prepared by a professional engineer registered to practice in the State of Missouri and shall carry the stamp of approval of MSD when submitted to the City in conjunction with Subdivision approval.

Construction of the sanitary sewer system, inspection by MSD and, upon completion of construction, acceptance for maintenance by MSD shall be obtained by the Subdivider from MSD in accordance with the regulations and requirements of MSD.

The sanitary sewer system of the Subdivision, when completed, shall connect to the sanitary sewer lines of MSD.

The purpose of this Subsection is to provide standards and regulations to reduce or prevent flooding, conserve the natural environment, and minimize damage to real property.

Adequate provisions shall be made for the disposal of stormwater, in accordance with the specifications and standards of MSD. Storm drainage improvements consisting of storm sewer systems or open channels shall adequately drain the areas being developed. No change in watersheds shall be permitted. All stormwater shall be discharged at an adequate natural discharge point.

The design of drainage improvements shall be coordinated to the extent possible with present and probable future improvements so as to form an integrated system.

Plans for stormwater facilities shall be prepared by a professional engineer registered to practice in the State of Missouri and in accordance with the standard specifications and requirements of MSD. Said plans shall carry the stamp of approval of MSD when submitted to the City in conjunction with Subdivision approval.

Construction of the stormwater system, inspection by MSD and, upon completion of construction, acceptance for maintenance by MSD shall be obtained by the Subdivider from MSD in accordance with the regulations and requirements of MSD.

The internal drainage system for the proposed Subdivision shall not discharge water onto public or private land outside the proposed Subdivision, except via natural or publicly dedicated drainage courses.

The controlled release and storage of excess stormwater runoff may be required for all land developments and Subdivisions as determined by MSD.

Detention or retention of differential stormwater runoff, as approved by MSD, may be required by providing permanent Detention/Retention Areas such as dry reservoirs, ponds, or another acceptable alternative.

Detention/Retention Areas or dry bottom stormwater storage areas may be designed to serve secondary purposes such as recreation, open space, or other types of uses that will not be adversely affected by occasional flooding, as approved by MSD.

During the construction phase of development, facilities shall be provided and maintained to prevent erosion and siltation. When improvements are guaranteed, the escrow agreement shall include a separate line item in the amount calculated using the schedule of unit prices from St. Louis County Department of Transportation.

Where the Preliminary Plat indicates that extensive grading and compaction are probable as determined by the Director, the Director may require the submission of additional information and modifications in the proposed Preliminary Plat before the Subdivider may grade any site to be subdivided.

A Land Disturbance Permit is required prior to the commencement of any grading related to the Subdivision.

A Land Disturbance Permit will not be issued until a grading plan in conjunction with Improvement Plans has been approved.

An erosion/siltation control plan shall be submitted with all Improvement Plans. Erosion and siltation control devices shall be installed prior to commencement of grading activities. The Director may require additional erosion and siltation devices during construction if necessary.

Proposed grading which creates a change in watersheds shall not be permitted.

The maximum slope in a fill or cut shall not exceed three (3) horizontal to one (1) vertical. No fill material shall be placed in any floodplain area unless an equal volume of material is simultaneously removed from the same site.

General provisions. The arrangement, character, extent, width, grade, and location of all Streets shall be considered in their relation to existing and proposed Streets, to topographical conditions, to public convenience and safety, Street maintenance and access by emergency vehicles, and their appropriate relation to the proposed uses of the Lots to be served by such Streets. All Streets shall meet the following standards:

Design criteria. All Streets shall meet all City design criteria as specified in this Section. All such Streets in the City or segments of Streets to be constructed as part of any development shall be located, platted, and built in such a manner that they may be dedicated to the City in accordance with the design criteria in this Section including in Table 1. If no criteria have been established by the City, St. Louis County Department of Highways and Traffic criteria shall apply.

Curbs and gutters. Curbs and gutters shall be installed on each side of the Street surface. The curb and gutter shall be constructed with Portland cement concrete in all Subdivisions.

Landscaped Street medians, Culs-De-Sac, and Streets.

Lighting.

Street Names and Addresses.

Signs.

Sidewalks And Pedestrianways.

Materials. Except as provided herein, all new Streets constructed after October 22, 2009, for the acceptance by the City for public use shall be designed to the following standards.

Other. All other standards not addressed in this Section shall be in accordance with St. Louis County Department of Highway and Traffic Standards. Any exceptions must be submitted to the City for approval. Any conflicts with the City's regulations and St. Louis County standards for Street and sidewalk standards will be resolved by abiding by minimum standards as set forth by AASHTO guidelines. In all cases, a minimum of AASHTO guidelines must be maintained.

Street maintenance.

A Subdivision landscaping plan for landscaping on common land areas and Lots shall be submitted by the Subdivider for review and approval by the Director, as part of the Preliminary Plat submission, in accordance with Section 430.220. The plans shall include the location, size, and type of the trees proposed for the Subdivision. The Subdivider shall be required to guarantee such landscaping in accordance with this Code.

The Director shall require the clearing of underbrush and may require sodding, seeding, and other landscaping improvements in common land where land has been altered.

The Director may require sodding or other means of ground cover appropriate to insure erosion control.

Permitted Uses. Any Permitted Use in the Zoning District within which the PUD is located is permitted in the PUD. Additionally, Attached Single-Family Dwellings or Two-Family Dwellings are permitted in the "R-2" and "R-3" Districts and Attached Single-Family, Two-Family Dwellings, and Multiple-Family Dwellings each with no more than four (4) Dwelling Units are permitted in the "OT-1" District.

Uses Allowed by Special Use Permit. Any Use allowed by Special Use Permit in the Zoning District within which the PUD is located is permitted in the PUD by Special Use Permit to be issued in accordance with Section 410.080.

The PUD requirements shall be established in the Ordinance authorizing the PUD with the following restrictions:

Major changes. Changes which alter the concept or intent of the PUD, including increases in density, Building Heights, or proposed decreases in open space. Changes in the sequence of development and changes in Street standards shall be approved by submission of a new Preliminary Plat under Section 440.100 and subsequent amendment to the Final Plat.

Minor changes. The Director may approve minor changes in the PUD which do not change the concept or intent of the development. "Minor changes" are defined as any change not defined as a major change.

No Lot of less than ten (10) acres is dedicated for Public Park. However, a Lot Area less than this minimum may be accepted for a Public Park by the Board if it is an addition to an existing or proposed Public Park or school site respectively or is recommended by the Parks and Recreation Committee as part of the City's Public Park system.

Prior to approval of a Final Plat for a PUD indicating Public Park dedication, a written statement recommending approval of the proposed Public Park shall be received from the Parks and Recreation Committee.

The proposed Public Park is dedicated in a manner approved by the Board as to the legal form prior to recording of the Final Plat.

The Final Plat identifies the boundaries of the dedicated Lot for a Public Park within the PUD.

The deed of dedication for Public Park shall provide that in the event the Property shall no longer be used for that purpose, it will revert to the trustees of the Subdivision in which it is located as common land. The trust indenture required in Section 440.290 shall provide for the manner in which the common land shall be treated, so that the provisions of this Section are complied with.