[1]
Editor's Note — Ord. no. 5165 §3, adopted December
13, 2010, repealed section 410.380 "site improvement permit" in its
entirety. Former section 410.380 derived from R.O. 2008 App. B, §22A-40;
ord. no. 1045, 7-25-1983; ord. no. 5123 exh. A, 2-22-2010.
[R.O. 2008 App. B, §22A-41; Ord. No.
1045, 7-25-1983]
A.
Following
final subdivision plat approval, construction of the subdivision may
not begin unless the subdivider has first obtained a subdivision construction
permit from the Zoning Administrator.
B.
A subdivision construction permit shall not be granted until the subdivider has submitted and received approval from the Commission of an erosion and stormwater runoff control plan including a grading and excavation plan as required by Section 410.130(B) and has paid the inspector fees for the street and other site improvements as may be required by Section 410.400.
C.
A subdivision construction permit fee and bond as required in Section 410.410 shall be paid to the City at the time the erosion and stormwater runoff control plan is submitted. The amount of the fee shall be determined in accordance with a schedule of fees established annually by the City Council.
D.
The
provisions of this Section regarding permits and inspections do not
and are not to be interpreted as abrogating or repealing any other
inspections and permits as may be required by the City of Creve Coeur.
[R.O. 2008 App. B, §22A-42; Ord. No.
1045, 7-25-1983]
A.
Inspection Of Improvements. All subdivision improvements
shall be constructed according to plans and specifications prepared
for the applicant by an engineer registered in the State of Missouri.
When all such improvements required by these rules and regulations
have been completed and installed, the applicant's engineer shall
submit a letter to the Zoning Administrator certifying that improvements
and installations have been made in accordance with the approved construction
plans, specifications, drawings and the standards established by the
City and are functioning properly.
Included also shall be a report from a recognized testing laboratory
indicating that the construction of street surface pavement and subsurface
conditions were provided in accordance with City standards and regulations
for same.
The Zoning Administrator shall then inspect those facilities,
improvements and installations for conformance with approved plans
and specifications. If such final inspection reveals that there are
any defects, deficiencies or deviations in such improvements as installed
or that the improvements differ from the approved construction plans
and specifications, the Zoning Administrator shall notify the applicant
in writing of such defects, deficiencies or deviations. The applicant
shall, at the applicant's expense, correct such defects, deficiencies
or deviations within three (3) months of the date of notification.
When such defects, deficiencies or deviations have been corrected,
the applicant shall notify the Zoning Administrator in writing that
the improvements are again ready for final inspection.
B.
Construction Inspections. Periodically, inspections by the
Zoning Administrator shall be made of the subdivision areas as construction
progresses. The Zoning Administrator shall inspect all streets and
improvements within the street right-of-way and all storm sewers outside
the Metropolitan St. Louis Sewer District during the progress of construction.
In the case of private streets in a subdivision, the Zoning Administrator
shall make inspections as aforesaid as the official representative
of the Commission and shall promptly report all defects and substandard
work or materials to the Commission.
C.
Additional Inspections. In addition to the inspections provided
for herein, the developer shall pay for and arrange for inspections
by the plumbing inspector, the electrical inspector and such other
inspections as may be required by the ordinances and regulations of
the City or by those agencies having jurisdiction within the City.
[R.O. 2008 App. B, §22A-43; Ord. No.
1045, 7-25-1983; Ord. No. 1641 §1, 6-13-1994; Ord. No. 3063 §8, 5-23-2005]
A.
Improvements Installed Or Guaranteed.
1.
After the subdivision improvement plans have been approved and all
inspection fees paid, but before approval of the final subdivision
plat, the developer shall guarantee the completion of improvements.
The developer shall either:
a.
Complete the improvements in accordance with the approved subdivision
improvement plans under the observation and inspection of the appropriate
public agency; or
b.
Deposit cash or an irrevocable letter of credit under a deposit agreement
with the City of Creve Coeur or post a land subdivision bond to guarantee
the construction, completion and installation of the improvements
shown on the approved subdivision improvement plans within the improvement
completion period approved by the Director of Public Works, which
shall not exceed three (3) years.
c.
No guarantee or deposit is required with the City of Creve Coeur
for sanitary and stormwater sewers within the jurisdiction of MSD
if MSD confirms that its requirements for assurance of completion
are satisfied. This provision shall not affect the intent or enforcement
of any existing guarantee, escrow or renewal, extension or replacement
thereof.
2.
Deposit agreements shall provide that there shall be deposited with
the City of Creve Coeur:
a.
A cash amount approved by the Director of Public Works, not less
than the estimate of the cost of the construction, completion and
installation of the improvements indicated on approved subdivision
improvement plans; or
b.
A sight draft irrevocable letter of credit which may be renewable,
approved by the City Attorney, payable at a St. Louis metropolitan
financial institution, in an amount not less than the Director's approved
estimate of the cost of the construction, completion and installation
of the improvements indicated on the approved subdivision improvement
plans, with a final expiration date of not less than six (6) months
after the initial period allowed for completion of subdivision improvements,
drawn in favor of the City of Creve Coeur and guaranteeing to the
City of Creve Coeur the availability, from time to time upon demand,
the balance under the deposit agreement and letter of credit not theretofore
released.
c.
At the election of the developer, the cash deposit may be replaced
with a letter of credit approved by the City Attorney in the same
amount.
3.
The land subdivision bond shall be approved by the Director of Public
Works and City Attorney and shall be issued by a surety company qualified
to do business in Missouri and shall insure or guarantee, to the extent
of the approved estimate of the cost thereof, the construction, completion
and installation of the improvements indicated on the approved subdivision
improvement plans.
4.
The deposit agreement shall be held by the City of Creve Coeur and
remain in effect until such time as the Director of Public Works shall
release the cash, reduce the obligation secured under the letter of
credit or release the bond. Such releases or reductions may be in
part and may occur from time to time as work on constructing improvements
is performed, provided however that:
a.
The Director shall release the cash or reduce the letter of credit
obligation or release the surety from that part of its obligation
held on each component of the improvements within thirty (30) days
of completion of each category of improvement or work to be installed,
minus a retention of five percent (5%) which shall be released upon
completion of all improvements and work as determined upon final inspection.
Any such category of improvement or work shall be deemed to be completed
upon certification by the City that the project is complete in accordance
with the ordinances of the City including the filing of all documentation
and certifications required in complete and acceptable form. The Director
of the Department of Public Works shall act for the City in this regard.
The City shall inspect each category of improvement or utility work
within twenty (20) business days after a request for such inspection.
Written requests for release shall be made in such form as required
by the Director and shall not be made until the improvements are susceptible
of inspection and approval in accordance with standards established
by the Director (i.e., concrete work has reached final cure, street
lights have been activated, etc.). A release shall be deemed effective
as provided in Section 89.410, RSMo.; and
b.
If, at the end of the improvement completion period, all the improvements
shown on the approved subdivision improvement plans have not been
completed, the Director may extend the improvement completion period
for a period of up to two (2) years if after review by the department
such longer period is deemed necessary; and
c.
The developer shall continue to be responsible for defects, deficiencies
and damage to public street and related stormwater improvements during
development and until acceptance by the City and shall conduct repairs
upon demand by the City.
5.
The obligation of the developer to construct, complete, install and
maintain the improvements indicated on the approved subdivision improvement
plans shall not cease until the developer shall be finally released
by the Director. If, after the initial improvement completion period
or after a later period as extended pursuant to this Section, the
improvements indicated on the approved subdivision improvement plans
are not constructed, completed, installed and accepted or if the developer
shall violate any provision of the deposit agreement as determined
by the Director, the Director shall notify the developer and surety
or letter of credit provider to show cause within not less than ten
(10) days why the developer should not be declared in default. If
the developer or surety or letter of credit provider fails to cure
any default or present compelling reason why no default should be
declared, the Director shall declare the developer in default and
may take any one (1) or more of the following actions:
a.
Deem the balance under the deposit agreement not previously released
as forfeited to the City of Creve Coeur to be used for such purposes
as letting contracts to bring about the completion of the improvements
indicated on the approved subdivision improvement plans or other appropriate
purposes in the interest of the public safety, health and welfare;
or
b.
Require the surety to perform on the bond and pay to the department
the balance of the bond not previously released; or
c.
Require the developer to submit an additional cash sum or letter
of credit sufficient to guarantee the completion of the improvements
indicated on the approved subdivision improvement plans after recalculation
in order to allow for any inflated or increased costs of constructing
improvements.
6.
If the surety fails to comply with the Director's requirements under Subsection (5)(b) above or if the Director determines that forfeiture of the remaining deposit or surety balance under Subsection (5)(a) or (5)(b) above will not allow completion of the required improvements and if the developer fails to comply with the Director's requirements under Subsection (5)(c) above, the Director may:
a.
Suspend the right of anyone to build or construct on the undeveloped
portion of the subdivision. For the purpose of this Subsection the "undeveloped portion of the subdivision" means all lots
other than lots which have been sold for personal use and occupancy
or are under bona fide contract for sale to any person for personal
use or occupancy. The Director shall give the developer ten (10) days'
written notice of an order under this Subsection, with copies to all
issuers of letters of credit or sureties, as appropriate, who have
outstanding obligations for any undeveloped portion of the subdivision
and shall record an affidavit of such notice with the Recorder of
Deeds. If, within the ten (10) day period after notice is given, the
Director is not convinced by compelling evidence that completion of
the improvements is adequately assured as provided herein, the Director
shall order construction suspended on 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 Director
at the subdivisions or lots subject to said order. The notice shall
contain the following minimum language, which may be supplemented
at the discretion of the Director:
(1)
If said notice is for a subdivision:
This subdivision, (name of subdivision), has been declared in default by the City of Creve Coeur Director of Public Works. No development, construction, building or demolition in any manner shall take place within the limits of this subdivision unless such development, construction, building or demolition is being performed for personal use and occupancy, until such time as the City of Creve Coeur Director of Public Works 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 Section 410.430 of this Chapter.
(2)
If said notice is for a lot:
This lot, (lot number), has been declared in default by the City of Creve Coeur Director of Public Works. 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 Creve Coeur Director of Public Works 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 Section 410.430 of this Chapter.
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The Director of Public Works shall not thereafter authorize
construction to take place contrary to the Director's order. The suspension
shall be rescinded in whole or in part only when the Director is convinced
that completion of the improvements is adequately assured in all or
an appropriate part of the subdivision; or
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b.
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 the incorporated areas of the City of Creve
Coeur. The Director shall give the developer ten (10) days' written
notice of an order under this clause, with a copy to issuers of letters
of credit or sureties known to the Director to 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 (10) day period after notice is given, the Director is not convinced
by compelling evidence that completion of the improvements is adequately
assured and maintenance of streets assured as provided herein, the
Director shall order construction suspended. 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. The Director of Public Works shall not thereafter authorize
construction to take place contrary to the Director's order. The suspension
shall be rescinded only when the Director is convinced that completion
of the improvements is adequately assured.
7.
If a developer or any related entity has a subdivision development
improvement guarantee that is in default, as determined by the Director,
including any escrow or bond under any prior version of this Section:
a.
The Director shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (6) of this Section; and
b.
The rights of the developer or any related entity to receive approval,
which approval shall include, but not be limited to, approval of any
plat or deposit agreement for new or further development, shall be
suspended. The suspension shall be rescinded only when the Director
is convinced that completion of the improvements is adequately assured.
8.
If the surety fails to perform on the bond or any other party fails
to comply with any provision of this Section, the Director may recommend
that the Creve Coeur City Attorney take appropriate legal action.
9.
No surety shall be eligible to provide the performance bond required
herein, nor shall any financial institution be eligible to provide
a letter of credit, unless approved in advance by the Director of
Public Works and the City Attorney on such terms and criteria as may
be established by the Director of Finance and the City Attorney.
10.
For purposes of this Section, "related entity" has
the following meaning. A developer is a "related entity" of another
person:
11.
If a developer who has posted an escrow, letter of credit or bond
hereunder transfers title of the subdivision property to a successor
developer prior to full release, the City shall accept a replacement
escrow, letter of credit or bond from the successor developer in the
amount held by the City. Upon receipt of the replacement escrow, letter
of credit or bond, the City shall release the original in full. The
City shall release the original developer from all further obligations
with respect to the subdivision improvements if the successor developer
assumes all of the outstanding obligations of the original developer.
[R.O. 2008 App. B, §22A-44; Ord. No.
1045, 7-25-1983]
This Chapter shall be enforced by the Zoning Administrator with
the assistance and cooperation of other officials including the City
Engineer of Creve Coeur. If the Zoning Administrator finds that any
of the provisions of this Chapter are being violated, he/she shall
notify in writing the person responsible for such violation, indicating
the nature of the violation and ordering the action necessary to correct
it. He/she shall take any other action authorized by law to ensure
compliance with or to prevent violation of the provisions of this
Chapter. No building permit or occupancy permit shall be issued in
accordance with the Creve Coeur Code for any building, structure or
improvement located on any lot that was created by subdivision after
the effective date of, and not in conformity with, the provisions
of this Chapter.
[R.O. 2008 App. B, §22A-45; Ord. No.
1045, 7-25-1983]
A.
Violations
of this Chapter shall include, but are not limited to, the following:
1.
Any activity or proceeding not in accordance with the procedures,
requirements, standards or other provisions of this Chapter.
2.
No owner or agent of the owner of any land located within a subdivision
of the City of Creve Coeur shall knowingly or with intent to defraud
transfer, sell, agree to sell or negotiate to sell that land by reference
to or by other use of a plat of any purported subdivision of the land
before the final subdivision plat has been approved by the Planning
and Zoning Commission and City Council in accordance with this Chapter
and recorded by the Recorder of Deeds of the County.
3.
Failure to obtain the approvals and permits required by this Chapter
and to comply with their terms and conditions.
B.
Those
chargeable, singly or jointly, with violations of this Chapter shall
include, but are not limited to, the following:
1.
Those who commit, assist in or otherwise participate in a violation.
2.
The owner or other persons who maintain the building, premises, property
or other place where the violation has been committed or exists.
3.
The developer, agent, architect, contractor or any other person who
performs work or enters into a contract for work in violation of this
Chapter.
C.
Wherever
in this Chapter any act is prohibited or is declared to be unlawful
or an offense or misdemeanor, upon conviction of a violation of any
such provision of this Chapter, the violator shall be punished by
a fine not exceeding five hundred dollars ($500.00) or by imprisonment
in the City or County Jail not to exceed ninety (90) days, or by both
such fine and imprisonment. Each day any violation of this Chapter
shall continue shall constitute, except where otherwise prohibited,
a separate offense.
