Moscow Mills City Zoning Code
ARTICLE VIII
Subdivision Regulations
§ 46.440 General provisions-compliance with regulations.
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.
§ 46.445 Preliminary plat or site plan.
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.
§ 46.450 Improvement plans.
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.
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.
§ 46.455 Public improvements installed or guaranteed in all zoning districts.
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.
§ 46.460 Permits required.
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.
§ 46.465 Final plat requirements.
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.
§ 46.470 Design standards - comprehensive plan - compliance.
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.
§ 46.475 Street and block layout.
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.
§ 46.480 Street standards.
[Amended 6-10-2024 by Ord. No. 1077]
A.
All streets constructed in and along subdivisions shall be designed and constructed in accordance with Chapter 90 of the Moscow Mills City Code and the City of Moscow Mills Street, Sidewalk, and Parking Lot Construction Standards[1]
[1]
Editor's Note: The City of Moscow Mills Street, Sidewalk, and Parking Lot Construction Standards are held on file in the City offices.
§ 46.485 Utility easements.
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.
§ 46.490 Lot dimensions, shapes and position.
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.
§ 46.495 Street construction.
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.
§ 46.500 Water supply.
§ 46.505 Stormwater management.
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.
§ 46.510 Sanitary sewerage.
§ 46.515 Modifications and exceptions.
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.
§ 46.520 Dwelling unit display and condominium plat procedure.
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.
§ 46.525 Boundary adjustment.
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.
§ 46.530 Inspection.
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.
§ 46.535 Completion of construction.
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.
§ 46.540 Record drawings (as-built drawings).
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.
§ 46.545 Maintenance and supervision.
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.
§ 46.550 Street signage, street naming and street addresses.
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.
§ 46.555 Electric, telephone and cablevision lines.
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:
§ 46.560 Monuments.
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.
§ 46.565 Right-of-way - structures prohibited.
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.