[R.O. 2011 §405.140; Ord. No. 078-88 §1, 7-6-1988; Ord.
No. 236-92 §1, 8-19-1992; Ord. No. 384-96 §I, 6-19-1996; Ord. No. 509-01 §1, 10-17-2001]
A. All
improvements required in any subdivision shall be done in the following
manner:
1. Compliance with standards and specifications adopted by the Planning
and Zoning Commission or Board of Alderpersons; approval of sanitary
sewers and drains, all grading shall be done, and all curbs, gutters,
sidewalks, sanitary sewers, water and gas mains, fire hydrants and
all other items pertaining to the development of any street or alley
shall be installed in strict accordance with the standards and specifications
adopted by the Planning and Zoning Commission or the Board of Alderpersons.
Sanitary sewers and drainage must have the approval of any sewer district.
2. Grading and surfacing of streets. Streets must be graded to the cross section and the profile as specified in Chapter
400, and approved by the Planning and Zoning Commission and the Building Commissioner.
3. Drainage system for natural and storm water for streets and
adjoining properties. A drainage system shall be provided
to ensure adequate drainage of both natural and storm water for all
streets and adjoining properties as approved by the Commission and
any sewer district.
4. Developments lots — sidewalks.
a. In residential developments that are zoned other than "R-1", sidewalks
on both sides of newly created streets within the development will
be required. A minimum sidewalk width is four (4) feet, while the
minimum thickness is four (4) inches.
b. Sidewalk details shall be in accordance with the current editions
of the St. Louis County Standards Specifications of Highway Construction
and the Design Criteria for the Preparation of Improvement Plans.
5. Street signs at intersections. Streets signs, of
a design approved by the Commission, shall be installed at all intersections.
6. Planting of street trees — planting easements. Street trees shall be planted wherever required by the Planning
and Zoning Commission and the trees shall be of a size and species
approved by the Commission for planting easements along the street
frontage.
7. Plans to be prepared by registered engineer in accordance
with State law. Plans for improvements required in this Section
shall be prepared by a registered engineer, in accordance with the
laws of Missouri.
8. Certain improvements to be installed prior to approval of
final plat. The improvements listed in Subsections
(1),
(2),
(3),
(4) and
(5) of this Section shall be installed prior to the approval of the final plat, which is prepared for recording purposes.
9. Procedure. After plans for the subdivision have
been approved and all inspection fees paid, the developer shall:
a. Post a land subdivision bond or enter into escrow agreement in accordance
with the provisions hereafter set forth. The land subdivision bond
or escrow agreement shall be prepared and executed and submitted to
the Board of Alderpersons for approval or disapproval. Such completion
of all improvements, the posting of bond or the establishment of an
escrow agreement for the total estimated cost of improvement shall
be a condition precedent to the approval of the record plat, unless
the developer has elected to improve the subdivision in stages, in
which case bond, escrow or improvement shall only be required for
the stage to be developed, and
b. Complete the improvements in accordance with the approved plans under
the observation and inspection of the appropriate inspecting agency.
c. Bonds. A land subdivision bond shall be issued by
a surety company or a title insurance company and shall insure or
guarantee, to the extent of the amount specified by the Board of Alderpersons
in its estimate of the cost thereof, the construction and completion
of the improvements shown by the approved plans.
d. Escrow account. An escrow agreement shall provide
that there shall be deposited with the escrow agent to be held in
a special escrow account by the escrow agent, subject to audit by
the City of Byrnes Mill:
(1)
A cash amount which shall be not less than; or
(2)
An irrevocable letter of credit or commitment from a lending
institution to the escrow agent guaranteeing to such escrow agent
the availability, from time to time upon demand, of a sum which shall
be not less than; or
(3)
Certificates of deposit, Treasury bills or other readily negotiable
instruments, the type of which has been approved by the Board of Alderpersons,
endorsed to the escrow agent and the cash value of which shall be
in an amount not less than the amount specified by the Board of Alderpersons
in its estimate of the cost of the improvements as reflected by the
approved plans.
e. Release of bond or escrowed sum. The bond shall
remain in effect or the escrowed sum shall be held in the escrow account
by the escrow agent, as the case may be, until such time as the Board
of Alderpersons shall, by written authorization to the surety or escrow
agent, release the surety from the obligation of the bond or the escrow
agent from his/her obligation to retain the escrowed sum in the escrow
account, which release may be partial and may occur from time to time
as improvements are completed and approved; provided, however:
(1)
The Board of Alderpersons shall release the surety or escrow
agent from all or any part of its obligation only upon receipt of
the requisite written notification from the inspecting agency; and
(2)
In no case shall the Board of Alderpersons authorize the release
of more than ninety-five percent (95%) of the amount held as the bond
or escrow sum until said improvements have been completed in a satisfactory
manner, approved by the Board of Alderpersons and accepted or approved
by the appropriate authority.
f. Term of bond or escrowed sum. The term of the land
subdivision bond or the escrow agreement shall not exceed two (2)
years in duration subject to the following:
(1)
If, at the end of the two (2) year period, all the improvements
reflected by the approved improvement plan have not been completed,
the Board of Alderpersons may extend the term of the land subdivision
bond or the escrow agreement for a period not to exceed one (1) additional
year at each extension if after review by the Board of Alderpersons
such longer period is necessary to facilitate adequate and coordinated
provisions for transportation, water, sewerage, or other public requirements.
If said improvements have not been completed at the end of the two
(2) year period or as extended by the Board of Alderpersons, the Board
of Alderpersons may:
(a)
Require the surety to perform on the bond and pay to the Board
of Alderpersons an amount equal to the lesser of the amount required
to complete the improvements or the amount of the bond not therefore
released; or
(b)
Require the escrow agent to remit to the Board of Alderpersons
in cash or negotiable instruments constituting the escrow sum, as
the case may be, the balance of the escrow account required to complete
the improvements and the balance, if any, in the escrow account which
exceeds such amount shall be returned to the developer; or
(c)
Require the developer to submit a new land subdivision bond
or escrow agreement which have been recalculated in order to allow
for any inflation in the case of constructing improvements.
(2)
If the surety fails to perform on the bond or the escrow agent
fails to remit the amount required within thirty (30) days after written
request, the Board of Alderpersons may recommend that the City Attorney
take immediate action to require the performance by the surety under
the bond or to secure the payment by the escrow agent of the amount
required.
g. Eligibility of escrow agents and sureties. To be
eligible all escrow agents and sureties shall be approved by the City
Clerk or City Administrator or Board of Alderpersons. All escrow agents
and sureties shall be subject to spot audits by the City of Byrnes
Mill under the supervision of the Board of Alderpersons or its designee.
If the escrow agent or surety fails to comply with any of the provisions
of the escrow agreement or the land subdivision bond, the escrow agent
or surety shall not thereafter be allowed to act as escrow agent or
surety for any subdivision improvement in the City of Byrnes Mill
for a period of two (2) years.
h. Maintenance bond. In the event a surety bond is
not provided by the developer pursuant to the terms of this Section,
or if any such surety bond does not guarantee any public improvements
made in accordance with the provisions of the Municipal Code of the
City of Byrnes Mill, then any developer who develops any subdivision
within the City of Byrnes Mill on which there are public improvements
shall provide a maintenance bond guaranteeing that any improvements
transferred to the City of Byrnes Mill shall be guaranteed under the
terms of said bond for a period of two (2) years from the date the
City of Byrnes Mill receives ownership of any such public improvements.
10. Installation of improvements where tentative approval of
final subdivision plat obtained. The owner of the tract may
prepare and secure tentative approval of a final subdivision plat
of the entire area and may install the above improvements only in
a portion of the area for which a final plan is approved for recording
and the owner may sell or lease or offer for sale or lease lots only
in the improved portion of such property; provided however, the trunk
sewers and sewage treatment plants be designed and built to serve
the entire area or designed and built in such a manner that they can
easily be expanded or extended to serve the entire area.
11. Electrical service from the utility company shall be installed underground.
Pad mounted or underground transformers will be installed. All telephone,
cable TV, and secondary electrical service conductors are to be installed
underground.
[R.O. 2011 §405.150; Ord. No. 078-88 §1, 7-6-1988; Ord.
No. 238-92 §I, 11-4-1992]
The City shall require the subdivider to deposit with the City
the sum of fifty dollars ($50.00).