Amendments may be proposed by any citizen, organization, or governmental body.

An application for an amendment to this Chapter shall be filed with the Administrative Officer in such form and accompanied by such information as required by the Administrative Officer. The Administrative Officer, upon requiring an application for amendment, shall transmit one (1) copy of such application along with all pertinent data filed therewith, to the following agencies and/or legal entities for their review and written recommendations, protests or comments:

A fee, according to Section 400.343(D) of this Chapter, shall be paid to the City of Kimberling City, Missouri, for each application for an amendment, to cover the costs of advertising and other administrative expenses involved. The Board of Aldermen, Planning and Zoning Commission, and Board of Adjustment shall be exempt from this fee when initiating an amendment. If the costs of publication and notices exceed the deposit, the applicant shall pay the balance. A survey of residents may be required, whose property is located at a distance of no more than one hundred eighty-five (185) feet from the property involved in the proposed amendment. If such a survey is required by the Planning and Zoning Commission or Board of Aldermen, the certified mailing expense shall be paid by the petitioner to the City Clerk prior to further consideration or action by the City Government.

The Planning and Zoning Commission shall present written findings of fact and shall submit the same together with its recommendations to the Board of Aldermen. Written findings will be given prior to the Board's public hearing. A voting member of the Planning and Zoning Commission will present written findings at the Board's public meeting, and findings will be recorded within the public meeting minutes. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

The Board of Aldermen shall not act upon a proposed amendment to this Chapter until it has received a written report and recommendation from the Planning and Zoning Commission on the proposed amendment.

The Board of Aldermen shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board of Aldermen. The hearing shall be conducted and a record of such proceedings shall be preserved in such a manner as the Board of Aldermen shall, by rule, prescribe from time to time.

Notice of time and place of such hearing shall be published at least once in a newspaper of local distribution not less than fifteen (15) days before such hearing. Supplemental or additional notices may be published or distributed as the Board of Aldermen may, by rule, prescribe from time to time.

The Board of Aldermen shall approve or deny the proposed amendment. If any application for such an amendment is not acted upon by the Board of Aldermen within a ninety (90) day period following its initial submission, it shall be deemed to have been approved.

If the Board of Aldermen approves a change in zoning, the Zoning Map shall be updated and a new map shall be published as soon as practicable.

Relatedness of the proposed amendment to goals and outlines of the long-range comprehensive plan of the City of Kimberling City, Missouri.

Existing uses of property in the general vicinity of the property in question.

The zoning classification of property within the general vicinity of the property in question.

The suitability of the property in relation to the uses permitted under the existing zoning classification.

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification.

Whether the proposed use will:

If specific conditions are set forth for the granting of a permit, the Planning and Zoning Commission will make a finding that those conditions have been satisfied.

Pre-Application Proceedings — Planning And Zoning Commission Representative. Prior to preparing and submitting the preliminary plat to the Planning and Zoning Commission, the developer or his/her engineer shall consult with the representative of the Planning and Zoning Commission, while the plat is in sketch form to ascertain that the general features of the subdivision, its layout, facilities, and required improvements shall be determined to the extent necessary for the preparation of the preliminary plat. The developer may also appear before the Planning and Zoning Commission while the plat is in sketch form for a similar consultation. The sketch shall be of adequate size, enabling legible lot and street configurations and dimensional approximations. If the Commission moves to accept the plat sketch in concept, it will advise the developer by letter to proceed with the preparation of a preliminary plat, prepared by a qualified, registered land surveyor. The letter will also advise that the recommendation does not bind the Planning and Zoning Commission to accept the preliminary or final plats. Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.

Preliminary Plat. The developer shall prepare and deliver to the Administrative Officer a preliminary plat of the proposed subdivision which shall conform with the requirements set forth in Section 400.432 at least two (2) weeks prior to the meeting of the Planning and Zoning Commission at which action is desired.

Checking And Reviewing. The preliminary plat shall be checked by the Planning and Zoning Commission as to its conformity with the City Plan of Kimberling City, and as to the plat's compliance with the standards, requirements, and principles hereinafter prescribed; and the Planning and Zoning Commission shall cause said preliminary plat to be checked by the Planning and Zoning Commission's representative to ascertain compliance with all applicable additional requirements of Municipal, County, State, and Federal departments and agencies concerned and with applicable regulations of public utility companies.

Initial Receipt Of Plans. Upon receipt of initial new development and subdivision plans, the City Administrator shall contract with the City Engineer, City Attorney, and City Building Inspector for plan review and approval. At that time, the City Administrator shall administer, in writing, an estimated cost of all City engineering, legal, and inspector fees that will be incurred by the City. The City Administrator shall file a copy of the fee estimate with the City Clerk. All the costs and expenses, including any costs or expenses incurred by the City, plus the charges for connection fees as required by City ordinance, shall be specially assessed, and an itemized billing of all costs will be sent electronically, and by mail to the developer. All fees incurred by, or due to, the City shall be paid in full by the development company.

Final Plat. Upon completion of all required improvements as stipulated by the Planning and Zoning Commission, the developer shall file with the Planning and Zoning Commission the final plat of the subdivision. The final plat may include all or any reasonably acceptable part of the approved preliminary plat. A fee, according to Section 400.343(C) of this Chapter, must accompany the final plat to cover administrative costs.

Approval, Disapproval, Or Modification By Planning And Zoning Commission. The approval of the Planning and Zoning Commission or the refusal to approve shall take place within sixty (60) days from and after the submission of the plat for final approval unless the developer agrees in writing to an extension of this time period; otherwise said plat shall be deemed to have been approved and the certificate of said Planning and Zoning Commission as to the date of the submission of the plat for approval and as to the failure to take action thereon within such time shall be sufficient in lieu of the written endorsement or evidence of approval therein required. The grounds of refusal of any plat submitted or regulations violated by the plat shall be stated upon the record of the Planning and Zoning Commission.

A property description of the property to be subdivided, plus a legal boundary survey of the property proposed for platting which plat boundaries shall show traverse bearings and internal angles with dimensions in hundredths of feet. Error of closure shall meet the standards promulgated by the State of Missouri, "Missouri Minimum Standards for Property Boundary Surveys," Division of Geology and Land Survey, Missouri Department of Natural Resources. All bearings shall be referenced to true north or grid north according to the Missouri Coordinate System of 1983, Central Zone. The developer shall require his surveyor to tie the final plat to the Missouri Coordinate System of 1983, Central Zone. The ties are to be on a minimum of two (2) permanent monuments within the subdivision and the corner used to tie the subdivision to the United States Public Land Survey corner as recognized by the Bureau of Land Management.

Name And Code. The proposed name of the subdivision which shall not duplicate or closely approximate the name of any other subdivision in the City of Kimberling City, or of any subdivision filed in Stone County.

Designation. The tract designation according to real estate records of the Recorder of the County where located.

Owners Of Record. The names and addresses of the owner or owners of record, the developer, and the engineer or surveyor.

Boundary Lines. The boundary lines, accurate in scale, of the tract to be subdivided.

Streets And Other Features. The location, widths, and names of all existing or platted streets or other public ways within or adjacent to the tract, and other important features such as existing permanent buildings; large trees and watercourses; railroad lines; corporation and township lines; utility lines, etc.

Existing Utilities. Existing sewers, water mains, culverts, and other underground structures within the tract and immediately adjacent thereto with pipe sizes and grades indicated.

Soils. Type and extent of soil groups with main soil horizon description.

Geology. Location, type, and extent of subsurface and exposed geological formations.

Proposed Design — Street, Drainage, Etc.

Zoning. Zoning boundary lines if any, proposed uses of property, and proposed front yard setback lines.

North Point, Etc. North point, scale, date, title, and other pertinent data.

Deed Restrictions. Copies of any private restrictions to be included in the deeds should be attached to the preliminary plat.

Number Of Copies And Required Scale. Three (3) black line or blue line prints of the final or record plat of the subdivision, or any part of a larger subdivision, shall be submitted to the Planning and Zoning Commission by the developer, together with a written application for approval on forms provided by the Planning and Zoning Commission. The original and final plat shall be filed with the County Recorder of Deeds and a reproducible copy shall be filed with the City Clerk of Kimberling City.

Bearings — 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 arcsradii, 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 if other than right angles to the street and alley lines.

Monuments. The accurate location and material of all permanent reference monuments.

Lots And Block Numbers. All lots, plots, or building sites (lots) in any addition to a subdivision shall be arranged in blocks designed in consideration of topography, soil, and intended use. Lots shall be numbered consecutively from one (1) to the total number of lots in a block. Resubdivided lots shall be designated by their original number and a letter suffix: 3A, 3B, 3C, etc.; or by their original number prefixed with a term accurately describing such division: W 1/2 of 3, N 40 ft. of 5, etc.

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 subdivisions, with the purpose indicated thereon. All lands dedicated to public use other than streets or railroads shall be marked "Dedicated to the Public."

Engineer's Certificate. Affidavit and certificate by a qualified professional engineer, or a qualified registered land surveyor to the effect 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 by him/her and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.

Tax Paid Certificate. A certificate 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, on any of the lands included in the plat, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use.

Required Statement. Every plat or the deed of dedication to which such a plat is attached shall contain, in addition to the registered land surveyor's seal, 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 the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any, and shall be duly acknowledged, before some officer authorized to take acknowledgments of deeds, and when thus executed and acknowledged, shall be filed and recorded in the office of the Recorder of Deeds of Stone County and indexed under the names of the owners of the lands signing such statement and under the name of the subdivision.

Establishment Of Special District And Authorization Of Improvements. Upon receipt of the information for new development, the Board of Aldermen shall establish and define the special district or joint district in which the project will be constructed; authorize acquisition of necessary right-of-way, for City utilities and streets, in accordance with the laws of the State.

Upon receipt of initial new development plans, the City Administrator shall contract with the City Engineer, City Attorney, and City Building Inspector for plan review and approval. At that time, the City Administrator shall administer, in writing, an estimated cost of all City engineering, legal, and inspector fees that will be incurred by the City. The City Administrator shall file a copy of the fee estimate with the City Clerk after estimates have been received. The estimate, after being certified by the City Clerk, will be sent electronically and by mail to the developer.

All the costs and expenses, including any costs or expenses incurred by the City, plus the charges for connection fees as required by City ordinance, shall be specially assessed, and an itemized billing of all costs will be sent electronically and by mail to the developer. All fees incurred by, or due to, the City, if not covered by the bond on record, shall be paid in full by the development company.

Minor Subdivisions. In the case of a small, minor subdivision situated within City limits where conditions are well defined, a written request of the developer may exempt the developer from complying with some of the requirements stipulated in Sections 400.432 and 400.433, pertaining to the preparation of the plats.

Lot Splits/Lot Combinations/Property Line Adjustments.

If the development review staff is satisfied that such lot combinations, lot split or property line adjustment is not contrary to applicable regulations, it may recommend approval of the stated request to the Board of Aldermen; provided such action is without detriment to the public interest and is consistent with the desirable general development of the welfare of the neighborhood and the community in accordance with the Comprehensive Plan and other regulations set out in this Chapter.

Pre-application proceedings shall be properly documented by minutes of conferences and memoranda, as may be necessary, and copies of such documentation shall be furnished by the developer.

All appeals shall be taken within sixty (60) days of the date of the action which is appealed.

Appeals from the enforcement and interpretation of this Chapter, signed by the appellant, shall be addressed to the Board of Adjustment and presented to the Administrative Office. A deposit, according to Section 400.343(D) of this Chapter, shall be paid to the City of Kimberling City for each appeal to cover costs of processing the application for legal notices, postage, and administrative/professional wages and fees. If the actual costs exceed the deposit, the applicant shall pay the balance of the costs prior to the hearing. The appeal shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the decisions or interpretation being appealed and the reasons for such appeal.

The Administrative Officer shall transmit to the Board of Adjustment the appeal and all papers constituting the record upon which the action appealed was taken. The Chairman of the Board of Adjustment shall schedule a hearing to be held within sixty (60) days from the filing of the appeal. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once each week for two (2) successive weeks prior to the hearing. The Administrative Officer shall post a notice on the property involved for a period of one (1) week prior to the hearing.

An appeal stays all proceedings in furtherance of the action appealed from unless the Administrative Officer certifies to the Board of Adjustment that by reason of facts in the record a stay would, in his/her opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a court order.

An application for a variance from the terms of this Chapter signed by the applicant shall be addressed to the Board of Adjustment and presented to the Administrative Officer.

A deposit, according to Section 400.343(D) of this Chapter, shall be paid to the City of Kimberling City for each application, to cover the costs of processing the application, for legal notices, postage, and administrative/professional wages and fees. If the actual costs exceed the deposit, the applicant shall pay the balance of the costs prior to the hearing. The application shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the proposed use and existing conditions.

The Administrative Officer shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Administrative Officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.

The Chairman of the Board of Adjustment shall schedule a public hearing to be held within sixty (60) days after an application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once each week for two (2) successive weeks prior to the hearing. The City Clerk shall post a notice on the property involved for a period of one (1) week prior to the hearing.

The Board of Adjustment shall approve or deny the application for a variance following the public hearing. Before any variance is granted, the Board of Adjustment must find that all of the following criteria are met:

Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.

In granting a variance the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this Chapter.

Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of the subject property but cannot be transferred by the applicant to a different site.

A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be canceled by the Building Inspector and written notices shall be given to the property owner.

ALTA survey of the tract that is to be developed, showing streets, alleys, easements, utility lines, and topographic and physical features.

A site plan showing the location and arrangement of existing and proposed structures, proposed traffic circulation within the development, parking and loading areas, ingress and egress points, proposed and existing land uses, zoning districts, proposed lots and blocks, public and common open spaces, parks, playgrounds, school sites, and recreational facilities.

A statement that includes the anticipated residential density (when applicable), proposed total gross floor area (floor area of all floors added together), and the percentage of the development to be occupied by structures.

Preliminary sketches of proposed structures and landscaping.

A schedule of development; for each phase or unit if the development is to be constructed in phases or units.

Evidence that the applicant has sufficient control over the tract of land to effectuate the plan, including a statement of all ownership and beneficial interests in the parcel.

A survey of the impact of the Planned Development District on traffic circulation and number of trips in the vicinity of the proposed development.

A statement showing the relationship of the Planned Development District to the Comprehensive Plan.

In Mixed-Use Planned Development Districts, a statement indicating the types of business and/or industries to be included in the development.

A statement describing the provisions for maintaining common open space, common recreational facilities, or common public facilities. If a non-governmental authority will be responsible for common areas, copies of that entity's proposed articles of incorporation or bylaws must be included.

Statement of proposed restrictive covenants that are to be recorded with respect to the property included in the Planned Development District. The proposed restrictive covenants, shall include, at a minimum, the following provisions:

The Planning and Zoning Commission shall hold a public hearing on the preliminary development plan in accordance with this Chapter within thirty (30) days after the preliminary development plan application has been reviewed by City staff. The deadline for submitting the application and plan to schedule the public hearing is forty-five (45) days before the hearing. This will provide for the Planning and Zoning Commission to have the plan the month before the hearing for a review period.

The Planning and Zoning Commission shall determine its findings regarding the compliance of the preliminary development plan and transmit those findings with its recommendations regarding approval, disapproval, approval with amendments, conditions, or restrictions of the preliminary development to the Board of Aldermen and the applicant within forty-five (45) days of the public hearing of the preliminary development plan.

The Board of Aldermen shall hold a public meeting and approve or disapprove the preliminary development plan within thirty (30) days after it received the findings and recommendations of the Planning and Zoning Commission concerning the preliminary development plan. Approving the preliminary development plan by ordinance establishes the zoning for the district.

The Board of Aldermen may alter the preliminary development plan and impose such restrictions and conditions on the planned development as it may deem necessary to ensure that the development will be in harmony with the general purpose and intent of this Chapter and with the Comprehensive Plan.

When the Board of Aldermen alters the preliminary development plan or imposes any restrictions or conditions on such plan, the applicant shall have fifteen (15) days within which to file an acceptance of such alteration, restriction, or condition with the Board of Aldermen.

When an acceptance is required by this Section, no ordinance approving a preliminary development plan and establishing a Planned Development District shall be adopted until such acceptance had been filed with the Planning and Zoning Commission and an ordinance approving the preliminary development plan establishes the zoning for the district.

A Planned Development District shall be considered an amendment to the zoning regulations. Any ordinance approving the planned development shall specify the zoning regulations and restrictions that will apply to the Planned Development District pursuant to the preliminary development plan and shall set such boundaries on a map that is incorporated and published as a part of such ordinance with the designation "RPD" for Residential Planned Development Districts and "MPD" for Mixed-Use Planned Development Districts.

Any such ordinance shall also specify the conditions and restrictions that have been imposed by the Planning and Zoning Commission on the planned development and the extent to which the otherwise applicable district regulations have been varied or modified. When the Planning and Zoning Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Planning and Zoning Commission to modify the schedule of development to the extent set out under the general provisions.

When the preliminary development plan is approved, and the applicant has accepted any restrictions, conditions, or alterations to the plan, Planning and Zoning shall specify the zoning regulations and restrictions that apply in the Planned Development District, pursuant to the preliminary development plan, or set such boundaries out on a map that is incorporated as a part of such ordinance.

The City Clerk shall transmit a copy of the ordinance approving and adopting the Planned Development District to the applicant. The Planned Development District will also be noted on the Official Zoning Map maintained at City Hall.

Approval of a preliminary development plan shall not qualify as a final plat of the planned development for recording.

A preliminary development plan which has been approved or approved with modifications that have been accepted by the applicant shall not be modified, revoked, or otherwise impaired, pending the application for approval of a final development plan or plans by any action of the City without the consent of the applicant. However, such a plan may be modified if the applicant fails to meet time schedules for filing a final development plan, fails to proceed with development in accordance with the plans as approved, or fails to comply with any condition of this Section or any approval granted pursuant to it in any other manner.

If no time is specified in the ordinance approving the preliminary development plan, then an application for approval of a final development plan, or of each of its phases, shall be filed within two (2) years. The applicant may ask for one (1) extension for up to two (2) years on a plan that has been started and is ongoing.

If the preliminary development plan is disapproved, the City shall provide the applicant with a written statement of the reasons for disapproval of the plan.

Any portion or total of the planned development not given final approval shall be subject to all provisions of the zoning regulations as amended and any other ordinance as amended that was applicable prior to the approval of the preliminary plan. The Board of Aldermen shall adopt an ordinance repealing the Planned Development District for that portion not given final approval and reestablishing the zoning and other ordinances applicable to the land immediately prior to the Planned Development District. Any such revocation shall be noted on the Official Zoning Map.

The preliminary development plan may be revoked after the approval of the preliminary development plan but before the approval of the final development plan if the applicant:

Vary the proposed gross residential density or intensity of use by more than ten percent (10%).

Increase the floor area of non-residential uses by more than ten percent (10%).

Increase the total ground area covered by buildings more than ten percent (10%).

Involve a reduction of the area set aside for common open space.

A site plan in conformance with the requirements of this Chapter and the administration Section of the adopted Building Code.

Preliminary building plans, including floor plans and exterior elevations.

Landscaping plans in accordance with this Chapter and Section 510.040 of the Kimberling City Building Regulations.

Copies of any easements and restrictive covenants.

The applicant may elect to apply for the final approval of a portion or unit of a phased development, provided that the applicant is in accordance with the schedule approved in the preliminary plan and the time limits in the ordinance adopting the final development plan.

Although no public hearing is required on a final development plan that is in substantial compliance with the preliminary development plan as approved, the applicant shall have the burden to show the Planning and Zoning Commission good cause for any variation between the preliminary and final development plans.

A final development plan, or any unit thereof, that has been approved by the Planning and Zoning Commission shall be so certified by the City Clerk and shall be filed in City Hall, and a resolution shall be prepared for approval by the Board of Aldermen. The final development plan and, if needed, the final plat shall be recorded by the Stone County Recorder of Deeds. No final development plan shall be recorded nor shall any lot be sold or transferred until all public improvements have been installed in accordance with the final development plan and final plat, if applicable. A final plat is required to be approved and recorded within two (2) years of approval of a preliminary plan. Final plats must be done before the transfer of ownership of any lots or property can take place. In the event the Planning and Zoning Commission fails to act, either by grant or by denial of final approval within the prescribed time, the final plan shall be deemed to be approved.

The final development plan is in substantial compliance with the preliminary development plan.

No public hearing is required for the final development plan.

The application for final development plan approval has been submitted with all required components to the Planning and Zoning Commission.

If there is an ownership change, including a change in corporation or LLC with the same members, or there is a sale of the project and site, a new application with ownership information must be submitted to the City Clerk for Planning and Zoning review and approval. This application must be submitted to the City Clerk sixty (60) days prior to the sale. Once the sale has concluded and ownership has been transferred, the City Clerk must be notified that the sale has been finalized.

A final development plan, or any unit thereof, that has been approved by the Planning and Zoning Commission shall be so certified by the City Clerk and shall be filed in City Hall, and a resolution shall be prepared for approval by the Board of Aldermen. The final development plan and, if needed, final plat shall be recorded by the Stone County Recorder of Deeds. No final development plan shall be recorded, nor shall any lot be sold or transferred until all public improvements have been installed in accordance with the final development plan and final plat, if applicable.

Pending the completion of the planned development within a reasonable time, any approved final development plan, as approved, shall be immune to modification except with the consent of the applicant.

In the interest of the public's safety, health and welfare, the Planning and Zoning Commission may, after a meeting with the applicant, refuse a final development plan that has variations from the preliminary plan but still is in substantial compliance with the preliminary plan.

Should the final development plan not be in substantial compliance with the preliminary development plan as approved by ordinance, the Planning and Zoning Commission shall notify the applicant, in writing, of this fact within ten (10) working days of the date the decision was made, specifying the reasons why the final development plan is not in substantial compliance with the preliminary development plan.

If a final development plan or one (1) of its phases is approved, and the applicant abandons part or all of the development plan and notifies the City, in writing, or fails to complete the planned development or one (1) of its phases within a reasonable period of time after final approval has been granted, then no further development shall take place on the property until that property has been reclassified by the enactment of an amendment to this Chapter as prescribed in Section 400.411 of this Chapter.