Willard City Zoning Code
ARTICLE XVI
Guarantees For Public Improvements
Section 400.1430 Purpose.
[Ord. No. 020227 §1(16.1), 2-27-2002]
This Article establishes responsibility for installation of public improvements during the land development process, guarantees for installation, completion and maintenance of public improvements and procedures for assessment for off-site improvements that may be necessary as a result of development in the City of Willard. The intent is to assure the adequate provision of public improvements necessary to serve new development, to assure the coordinated development and installation of improvements that are consistent with existing and planned improvements and for the health, safety and general welfare of the public.
Section 400.1440 Improvement Guarantees.
[Ord. No. 020227 §1(16.2), 2-27-2002; Ord. No. 120409H §1, 4-9-2012]
A.
Developer Responsibility. Before the final plat of any subdivided area shall be recorded or before any required permits be issued for any development, the developer shall be responsible for the installation of all improvements as described in this Chapter and as required as condition of plat or development approval. The provision of said improvements shall be at no cost to the City. In lieu of the final completion of said improvements before the final plat is recorded, the sub-divider, or other person who agrees with the City to make the public improvements on behalf of the sub-divider, may post a surety bond with one (1) or more corporate sureties engaged in the business of signing surety bonds in the State of Missouri, an escrow agreement, letter of credit or other appropriate security agreement, approved by the City Attorney and the City Administrator of the City of Willard, which will ensure to the City that the improvements will be completed by the sub-divider provided that a plat note is included on the plat filed in the Recorder's office reflecting the terms of the agreement and providing all construction improvement plans have been approved by the City.
B.
Phased Development. For subdivision plats or development plans approved in phases, no phase of a final plat or development plan shall be recorded unless all required improvements for said phase are installed in accordance with the requirements of this Chapter.
C.
As-Built Plans. Before the Board of Aldermen will approve the final plat or development plan, the developer's engineer shall certify to the City through the submission of detailed "as-built" plans that the improvements have been constructed substantially in conformance with the approved plans and specifications and that the improvements are free and clear of any and all liens and encumbrances and are ready for dedication to the City. The developer shall submit to the City three (3) paper copies of the "as-built" plans and a copy in an electronic format acceptable to the City.
1.
The "as-built" plans shall show actual elevations of all elevation points shown on the approved improvement plans, computation of all actual grades, computation of actual detention volume, actual dimensions and locations of all structures and locations of all improvements relative to all easements or rights-of-way. All sewer laterals shall be located by giving a distance from the upstream manhole down to the lateral connector.
2.
The information to be included in the "as-built" plans may be provided, if appropriate, on the approved construction plans; but if for any reason placing said notations on the construction plans is inappropriate or difficult, then this information shall be presented on a separate drawing or drawings.
3.
The "as-built" survey shall be sealed by a land surveyor registered in the State of Missouri with the design engineer's seal and supplied and paid for by the developer, along with any additional engineering fees incurred by the City in connection with review or analysis of the "as-built" survey.
Section 400.1450 Protection Against Defects.
[Ord. No. 020227 §1(16.3), 2-27-2002; Ord. No. 070813 §1, 8-13-2007; Ord. No. 101228D §6, 12-28-2010]
A.
Before any final plat or development plan shall be recorded, the developer may be required to post a performance bond or other sufficient surety, acceptable to the Board of Aldermen, to guarantee that the developer will correct all defects in such improvements or facilities that occur within two (2) years after the offer of dedication of such facilities or improvements is accepted by the City.
B.
The term "defects" refers to any condition in facilities or improvements dedicated to the public that requires the City to make repairs in such facilities or improvements over and above the amount of maintenance that normally would be required as determined and certified by the City's engineer and in the City's sole discretion. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this Chapter.
C.
Bond.
1.
Any administrative relief granted to delay the construction of infrastructure improvements shall not be constructed to reduce the level of infrastructure improvements required.
2.
The use of a cash bond to guarantee delayed infrastructure improvements shall only be authorized under the following conditions.
a.
The cost of infrastructure improvements being considered for delayed construction shall constitute less than ten percent (10%) of the cost of all of the required improvements within the development.
b.
The delayed improvements do not adversely affect the performance of other infrastructure improvements.
c.
The requested delay of infrastructure improvements is directly related to weather conditions or the availability of material. Delayed or unavailable material requests shall be certified by the material vendors directly to the City of Willard. The request for delay shall state a specific time period for which delay is sought.
3.
The value of the cash bond will be determined in the following manner:
a.
The developer will prepare detailed estimates for the infrastructure improvements being temporarily delayed and submitting same to the City Clerk.
b.
The City Clerk shall submit all documentation to the City Engineer for review and determination of the estimate's accuracy.
c.
The City Clerk shall forward the City Engineer's review to the developer and set the required cash bond amount at one hundred fifty percent (150%) of the estimated value.
4.
The cash bond shall be delivered to the City Clerk by the issuing bond agent and shall be drafted to require signatures of both the developer and the City Clerk before said bond can be cancelled or redeemed. The City Clerk shall cause said bond to be stored in a secure manner as prescribed by law or ordinance.
5.
Upon certification of the Director of Development that all of the delayed work has been completed as designed following the final inspection, the Mayor with the approval of the Board of Aldermen shall release said bond to the developer.
Section 400.1460 Off-Site Improvements Guarantees.
[Ord. No. 020227 §1(16.4), 2-27-2002]
A.
Purpose. This Section is intended to ensure that new development be responsible for the costs of off-site public improvements necessitated by the new development.
B.
Definition And Principles. As a condition of final plat or site plan approval, the City may require an applicant to pay all or part of the cost of providing reasonable and necessary road and circulation improvements and water, sewerage and drainage facilities improvements located off site of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly and substantially related to the proposed development.
C.
Determining Need for Off-Site Improvements.
1.
The City shall review the developer's plans and shall consider the size and nature of the development and shall determine if the proposed development is likely to necessitate off-site public improvements. If initial review of the developer's plans indicates the reasonable necessity for such improvements, the developer shall prepare and submit an engineering report on the impact of the proposed development on off-site improvements. The City shall provide the developer with the following information to be utilized by the developer in preparing the required impact study:
a.
For sanitary sewer, the existing peak hour flows, capacity limits of the affected sewer system and acceptable standards for determining sewer demand/generation for the proposed development.
b.
For water supply, the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand and fire demand and standards to be used for determining water demand for the proposed development.
c.
For road and circulation improvements, capacity and design standards as reflected in the Traffic Engineering Handbook by the Institute of Transportation Engineers.
2.
When it is determined by the City that off-site improvements will be impacted by the proposed development but are not immediately required or in instances where a subsequent developer benefits from a previously installed off-site public improvement, the following criteria shall be used in determining the proportionate share of the costs of such improvements which shall be paid to the developer by the subsequent developer.
D.
Cost Allocation For Off-Site Improvements.
1.
Full allocation. In cases where off-site improvements are made necessary by the proposed development, the developer shall be required at his/her expense and as a condition of development approval to install said improvements.
2.
Proportionate allocation. Where it is determined by the City that off-site improvements shall be impacted by the proposed development but are not immediately to be constructed and that properties outside of the development may also be benefited by the improvements, the following criteria shall be used in determining the proportionate share of such costs to the developer.
E.
Roads And Circulation Proportionate Share Allocation. The developer's proportionate share of the cost of street improvements, alignment, channelization, barriers, new or improved traffic signals, signs, curbs, sidewalks, landscaping, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:
Total cost of enlargement | Capacity of enlargement or improvement or improvement (peak hour traffic) | ||
|---|---|---|---|
= | |||
Developer's cost (X) | Development peak hour traffic to be accommodated by the enlargement or improvement |
F.
Sanitary Sewer Proportionate Share Allocation. The developer's proportionate share of the cost of sanitary sewer collection facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers, lift stations and associated appurtenances, shall be computed as follows:
Total cost of enlargement served by the enlargement | Total size of drainage area to be served by the enlargement or improvement (acres or square feet) | ||
|---|---|---|---|
= | |||
Developer's cost (X) | Total size of area or tract to be development (acres or square feet) |
G.
Water Supply Proportionate Share Allocation. The developer's proportionate share of the cost of water distribution facilities, including the installation, relocation or replacement of water mains, hydrants, valves and associated appurtenances, shall be computed as follows:
Total cost of enlargement or improvement | Capacity of enlargement or improvement (gallons per day) | ||
|---|---|---|---|
= | |||
Developer's cost (X) | Development generated gallons per day to be accommodated by the enlargement or improvement |
H.
Drainage Improvements Proportionate Share Allocation. The developer's proportionate share of the cost of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, manholes, riprap, improved drainage ditches, detention facilities, relocation or replacement of other storm drainage facilities and associated appurtenances, shall be computed as follows:
Total cost of enlargement or improvement | Capacity of enlargement or improvement (total capacity expressed in cubic feet per second) | ||
|---|---|---|---|
= | |||
Developer's cost (X) | Development generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement |
I.
Account For Maintenance, Repair Of Road, Water Or Sewer Improvements. When it is determined through the impact study that the proposed development will necessitate off-site road, water supply or sewer improvement but that the improvement will be undertaken at a later date and not coterminous with the proposed development, the developer shall deposit with the City a sum of money equal to the impact the development has on the need for public improvements in the future.
J.
Subsequent Development. Should the original developer be required to assume the full allocation of costs and install public improvements in accordance with this Chapter and, if within three (3) years from the initial date of installation, another developer constructs a facility in such location that the subsequent developer or other developers benefit from the public improvements made by the original developer, then the subsequent developer or developers shall reimburse the original developer a proportionate share of those charges incurred by the original developer in initially installing said public improvements.
[Ord. No. 140414 §1, 4-14-2014]
1.
In order to determine the amount due from the subsequent developer or developers, the original developer must provide a list of those applicable charges for the off-site public improvements that will then be placed, once reviewed and approved by the City, in the City's file on the facility. This list of charges shall, at a minimum, include the amount paid by the original developer for the installation of said public improvement(s) and the number of lineal feet or other standard measure (as applicable) as constructed off site.
2.
For all public improvements except for lift stations, gravity mains and force mains, the subsequent developer(s) shall reimburse the original developer a proportionate share of that amount of money actually expended by the original developer in constructing the public improvement(s) to the extent of the subsequent developer's actual use of said public improvement(s). By way of example and not by exclusion, should the original developer expend ten dollars ($10.00) per lineal foot to install an appropriate water main and should the subsequent developer(s) utilize one thousand (1,000) lineal feet of said water main, which measure includes the distance over which the water main lays physically across the subsequent developer's property, then the subsequent developer shall reimburse the original developer the sum of ten thousand dollars ($10,000.00).
3.
The subsequent developer(s) shall be responsible for no more than the proportionate share of the cost of the installation of the public improvement across the subsequent developer's property, and shall only be responsible for the same should the system be usable by the subsequent developer and only to the extent of the subsequent developer's use of the public improvement. Should it be determined that improvements are needed, required or necessary to the previously installed public improvement by a subsequent developer(s), then his or her proportionate share of those costs which would otherwise be reimbursed to the original developer shall be reduced by the actual costs of making the improvement, up to a total of the sum which otherwise would be due to the original developer, and the improvements installed by the subsequent developer(s) shall be reimbursed the same as if the subsequent developer was the original developer.
K.
Alternate Buyout For Stormwater Off-Site Improvements.
1.
Policy. It is the policy of the City of Willard that all development of any property in the City limits shall be designed to minimize stormwater runoff.
2.
Requirements. All stormwater detention or retention shall be provided by the developer and shall be designed and installed pursuant to the terms of Chapter 405, Design Standards for Public Improvements.
3.
Exceptions. Whenever stormwater volume analysis submitted by the developer's engineer and approved by the City shows that detention has limited or minimal effect on reducing downstream flooding, the developer may, with the permission of the City, elect to buy out the detention volume in lieu of constructing the stormwater detention facilities.
a.
Calculation. Whenever the stormwater analysis presented by the developer and accepted by the City shows that detention provides limited or no reduction in downstream flooding, the developer may apply for a buy out of the required detention volume. The actual dollar value is calculated at a rate of two dollars ($2.00) for each cubic foot for the first twenty-four thousand (24,000) cubic feet, one dollar ($1.00) for each cubic foot between twenty-four thousand (24,000) and one hundred thousand (100,000) and fifty cents ($.50) for each cubic foot thereafter. Whenever the stormwater analysis shows that detention will increase downstream flooding, the developer shall be required to pay to the City the above rate for the equivalent volume of detention required due to the increase in impervious area.
b.
Use of funds. Buy out funds shall be used by the City to construct and maintain regional detention and conveyance systems within the drainage basin where the stormwater facilities would have been constructed.
L.
Engineering Design Plans For Off-Site Improvements. The developer shall, at developer's cost, prepare engineering design plans and specifications for the off-site public improvements and submit the same to the City for its review. After a review thereof, City shall approve or advise the developer of changes required in the plans or specifications. If changes are required, the developer shall, at developer's cost, redesign the same as required.
M.
Easements. The developer shall be responsible for acquiring any easements necessary to construct the public improvements and shall make said improvements as required.
N.
Dedication Of Improvements. Following the proper completion of the public improvements according to plans and specifications approved by City and after the City's approval, the developer shall dedicate the same to the City and shall convey properly acquired easements to the City.
Section 400.1470 Guarantees For Lift Stations and Force Mains.
[Ord. No. 020227 §1(16.5), 2-27-2002; Ord. No. 120409B §1, 4-9-2012]
A.
Policy. It is the policy of the City of Willard that lift stations will not be acceptable when gravity flow is reasonably available or when overflows of raw sewage would flow into spring recharge areas, public water supplies, sinkholes and losing streams, except where the developer provides additional design and construction features sufficient to overcome environmental concerns to the satisfaction of the City.
B.
Purpose. This Section is intended to insure to the extent possible that the operating cost of lift stations and force mains will not be subsidized by users of the sewer system that are outside the area served by the force main and lift station. Due to the higher operating costs and the environmental problems that can occur with the operation of lift stations and force mains, the City has determined that construction of such facilities should occur under the limited circumstances described in this Section.
C. TEN (10) YEAR FIXED COST TEN (10) YEAR VARIABLE COST PRO RATA COSTS INCREMENTAL COST TO CONSTRUCT GRAVITY SEWERS
Definitions. For the purposes of this Section, the following definitions of phrases shall apply:
An amount necessary to maintain and repair a lift station for a ten (10) year period.
The estimated average utility cost for a ten (10) year period per square foot of property to be served by a proposed lift station and force main.
The estimated number of square feet or acres each developer is developing compared to the total number of square feet or acres developed or being developed to be used by a proposed lift station.
The cost per square foot, which needs to be collected so that after ten (10) years sufficient funds are available to build gravity sewers to replace the lift station and force main, multiplied times the number of square feet served by the proposed lift station and force main.
D.
Plans Required. Developers or property owners who desire to utilize a lift station and force main shall submit to the City, through the normal processes of subdivision plat or development plan approval, a plan for the installation of the lift station and force main. Said plan shall contain information as specified in the City of Willard Design Standards for Public Improvements, Article III.
E.
Apportionment Of Costs.
1.
If the City finds the cost to install a gravity sewer is less than the cost to install the lift station and force main plus the total of the ten (10) year fixed and variable costs and incremental costs, then the gravity sewer shall be constructed at the cost of the developer.
2.
If the City finds the cost to install the gravity sewer is greater than the cost to install the lift station and force main plus the ten (10) year fixed and variable costs and incremental costs, then the City may decide to pay the developer the difference and require the developer to install the gravity sewer.
3.
If the City decides not to pay the additional cost for installation of the gravity sewer, the City may allow the developer to install gravity sewers or the lift station and force main. If the developer elects to install the lift station and force main, then the developer shall pay to the City the total of the ten (10) year fixed and variable costs plus the incremental costs.
F.
Subsequent Developers.
[Ord. No. 140414 §2, 4-14-2014]
1.
For lift stations, gravity mains and force mains only, for a three-year term after the date that the lift station starts pumping, a subsequent developer making use of such facilities or improvements installed by the original developer shall pay the City of Willard the variable costs of incurred maintenance of five hundred dollars ($500.00) per acre of developed land. The subsequent developer shall, further, pay the original developer a prorated share of those costs of installation of said facilities or improvements and fixed maintenance costs. If the lift station must be upgraded by the subsequent developer to serve his or her development, said subsequent developer will not be responsible for reimbursing the original developer his or her full pro rata share of the original developer's costs, but shall instead reduce said payment by those applicable costs incurred by the subsequent developer in making the required upgrade(s), but shall be responsible for paying to the original developer those other costs as indicated herein.
2.
For lift stations, gravity mains and force mains only, for a three-year term after the date that the lift station starts pumping, should a third or fourth developer make use of a previously installed lift station, said third or fourth developer using said facilities or improvements shall reimburse each prior developer, who has paid any part of the costs of installation for the facilities or improvements being used, their pro rata share of the costs so paid.
3.
As an example only, if the total cost of an improvement is two hundred sixty thousand dollars ($260,000.00) and the total drainage area to be served by said improvement is four hundred (400) acres, the per-acre cost of the improvement would be calculated as follows: $260,000.00/400 or six hundred fifty dollars ($650.00). If said subsequent developer is developing forty (40) acres, the subsequent developer would reimburse the original developer six hundred fifty dollars ($650.00) times forty (40) acres or twenty-six thousand dollars ($26,000.00). If a subsequent developer is required to spend ten thousand dollars ($10,000.00) to upgrade or repair the original facility or improvement, then the subsequent developer would be required to pay the original developer twenty-six thousand dollars ($26,000.00) minus the ten thousand dollars ($10,000.00) needed for the upgrade/repair or a total of sixteen thousand dollars ($16,000.00).
G.
Deposit And Agreements.
1.
Prior to the commencement of construction, a developer or property owner who desires to utilize a lift station and force main and who has been granted approval from the Board of Aldermen to utilize the lift station and force main shall deposit with the City:
a.
The amount of money necessary to construct the lift station as certified by the City Engineer and approved by the City or, with City's permission, the developer may construct the same, subject to the City's inspection and approval.
b.
The amount of money necessary to maintain the lift station for a period of ten (10) years as established and approved by the City, including both fixed and variable costs as defined herein.
c.
The amount of money necessary to provide for a gravity flow sewer as established and approved by the City, including the incremental cost to construct gravity sewers.
2.
The City Treasurer shall establish appropriate accounts for the monies deposited by the developer under the terms of Subsection (G)(1).
3.
Simultaneous with the deposit of monies described in Subsection (G)(1), the developer shall execute any agreements with the City which may be necessary to carry out the intent of this Section.
4.
Should the amounts deposited for construction or maintenance of the system be inadequate for the purposes for which the monies were intended, the developer shall be responsible for prompt payment of the additional monies needed.
H.
Use Of Funds Collected. All funds collected prior to May 1, 2012, in accordance with this Section, shall immediately be available for use by the City for the purpose of maintaining and operating the entire wastewater system.