[CC 2001 §16.40.010; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.090(A),
9-11-1997]
Upon the filing of a preliminary plan for subdivision or any
portion thereof, the subdivider shall pay a filing fee of twenty-five
dollars ($25.00).
[CC 2001 §16.40.020; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.090(B),
9-11-1997]
Upon the filing of the final plat for a subdivision or any portion
thereof, the subdivider shall pay a filing fee of twenty-five dollars
($25.00) plus five dollars ($5.00) for each lot shown on the final
plat.
A.
Performance Guarantee. A performance guarantee shall be
required from the subdivider in the amount of the estimate approved
by the City Administrator for the cost of the proposed improvements.
The performance guarantee shall run to the City of Bonne Terre and
be with good and sufficient surety satisfactory to the Council and
as approved by the City Attorney, conditioned upon the installation
of the required improvements within two (2) years after the approval
of the final plat. Filing of the actual bond or other security shall
not be required until after the final plat approval, but sufficient
information concerning the form of guarantee to be used shall be submitted
with the final plat documents to permit Council approval at that time.
B.
Transfer Of Title Of The Subdivision. In the event a developer who has posted an escrow, or letter of credit, or bond with the City, in accordance with Subsection (A) of this Section transfers title of the subdivision property prior to full release of the escrow, letter of credit, or bond, the City shall accept a replacement escrow or letter of credit from the successor developer in the form allowed in Subsection (A) of this Section and in the amount of the escrow or letter of credit held by the City, at the time of the property transfer, and upon receipt of the replacement escrow or letter of credit, the City shall release the original escrow or letter of credit in full and release the prior developer from all further obligations with respect to the subdivision improvements if the successor developer assumes all of the outstanding obligations of the previous developer. The City, may accept a surety bond from the successor developer in the form allowed in Subsection (A) of this Section and in the amount of the bond held by the City, at the time of the property transfer, and upon receipt of the replacement bond, the City, shall release the original bond in full, and release the prior developer from all further obligations with respect to the subdivision improvements.
C.
Release Of Bond, Letter Of Credit Or Escrow. Any escrow
or bond amount held by the City to secure actual construction and
installation on each component of the improvements or utilities shall
be released within thirty (30) days of completion of each category
of improvement or utility work to be installed, minus a maximum retention
of five percent (5%) which shall be released upon completion of all
improvements and utility work. The City, shall inspect each category
of improvement or utility work within twenty (20) business days after
a request for such inspection. Any such category of improvement or
utility work shall be deemed to be completed upon certification by
the City that the project is complete in accordance with the ordinance
of the City including the filing of all documentation and certifications
required by the City in complete and acceptable form. The release
shall be deemed effective when the escrow funds or bond amount are
duly posted with the United States Postal Service or other agreed-upon
delivery service or when the escrow funds or bond amount are hand
delivered to an authorized person or place as specified by the owner
or developer.
[CC 2001 §16.40.040; Ord. No. Z-3-90F §1, 9-11-1997; Attachment §405.090(D),
9-11-1997]
Unless the City Council provides by either ordinance, resolution
or other procedure, the subdivider shall submit as part of the final
plat a maintenance agreement setting forth the person, corporation,
trustees or other agency responsible for the assessment and collection
of monies for the maintenance of all improvements within the subdivision.
The subdivider shall maintain and keep in repair the streets and curb
and gutter improvements for a period of one (1) year from the date
of completion of the improvements. To guarantee this maintenance,
a maintenance bond may be accepted by the City Council in the amount
of the contract price of the improvements against defects in workmanship
and materials for the one (1) year period. The bond, if accepted,
shall be filed with the City Clerk and be from a surety company licensed
to do business in the State of Missouri and approved by the City Attorney
and City Council.
