City of Byrnes Mill, MO Improvements

[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]

All improvements required in any subdivision shall be done in the following manner:

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.

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.

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.

Developments lots — sidewalks.

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.

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.

Street signs at intersections. Streets signs, of a design approved by the Commission, shall be installed at all intersections.

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.

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.

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.

Procedure. After plans for the subdivision have been approved and all inspection fees paid, the developer shall:

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

Complete the improvements in accordance with the approved plans under the observation and inspection of the appropriate inspecting agency.

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.

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.

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.

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.

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.

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.