[R.O. 2008 § 405.070; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023; Ord. No. 7138, 9-26-2024]
A. 
Scope And Application. The requirements of this Section shall apply to all grading or clearing plan approvals.
B. 
Filing Procedures. With regard to any real property within the City, the owner(s) of real property must have first obtained approval of the applicable site plan, preliminary plat or area plan (including review of the tree preservation requirements under Chapter 402), for a proposed land development project prior to submitting a grading or clearing plan for said proposed land development project. The owner/developer shall apply for the proposed grading or clearing plan to the City Engineer and/or his/her designee.
C. 
Information Required. The grading or clearing plan shall be designed by a registered professional engineer, with their stamp, signature and address, and shall contain a complete set of notations and descriptions that supply the City staff with all relevant site information. In addition, a geotechnical report for the site shall be prepared by a registered professional engineer, with their stamp, signature and address, and shall contain a complete set of soil information and descriptions (including, but not limited to, existing conditions of the site, potential settlement issues, fill treatment and compaction, recommended remediation techniques, etc.) that supply the City staff with all relevant site information. The Planning and Zoning Commission and City Council shall approve the applications and checklists for grading plans. (See Appendix C for the checklists.[2])
[2]
Editor's Note: Appendix C is on file in the City offices.
D. 
Review Procedures. The City Engineer and/or his/her designee shall review the grading or clearing plan for conformance to standards and specifications set forth in this Chapter and other applicable ordinances. Performance guarantee shall be submitted to the City in its proper form, prior to approval. The City Engineer and/or his/her designee may request modifications in the grading or clearing plan. The City Engineer and/or his/her designee shall then confer approval, conditional approval or disapproval of the grading or clearing plan within forty-five (45) days of filing and shall notify the developer with written reasons for its action.
E. 
Effect Of Grading or Clearing Plan Approval. Grading or clearing plan approval shall confer upon the developer, for a period of one (1) year from date of approval, the conditional right that the general terms and conditions under which the approval was granted will not be changed by the City Engineer and/or his/her designee. This one (1) year period may be extended by the City Engineer and/or his/her designee if the developer has applied in writing for such an extension and the City Engineer and/or his/her designee determines a longer period should be granted due to unusual circumstances. If an extension is not granted, the grading or clearing plan approval is null and void. After approval of the grading or clearing plan, the developer may proceed with the grading or clearing operations upon the final direction of the City Engineer and/or his/her designee and under the inspection of the Department of Engineering. Construction site plan approvals granted under Section 405.100 of this Chapter (which include grading or clearing operations, and do not already have a separate grading or clearing approval) shall be considered as including a grading or clearing plan component and be subject to the terms of this Section.
F. 
Improvement Installation Or Performance Guarantee. Refer to Section 405.112 for provisions.
G. 
Clearing Operations. The following procedures are to be followed on all sites:
1. 
A clearing permit is required for any lots. Tree preservation requirements shall still be adhered to and may require approval from Planning.
2. 
As clearing is for tree removal only with no disturbance to the root (no land disturbance; chainsaw tree only and let it drop), minimal erosion and sediment control measures shall be implemented so as to prevent the flow or runoff of mud, silt, dirt, debris and other materials onto streets, sidewalks and other public rights-of-way.
H. 
Grading/Stockpiling Operations. The following procedures are to be followed on all sites:
1. 
The erosion and sediment control plans shall be implemented before grading and/or grubbing operations begin. It is noted that certain clearing, removals, and grading operations may be required in order to establish the erosion and sediment control plan.
2. 
The City of O'Fallon reviews and approves a stormwater pollution prevention plan (SWPPP). In this plan, certain areas shall be designed to collect silt and other debris on site. The collection of silt and other debris in accordance with the approved SWPPP shall not be a violation of City ordinances.
3. 
Areas of soil disturbance shall be stabilized according to the schedule in Table 2 of Section 405.245(D)(2). Temporary erosion and sediment control may still be needed, when grading operations have stopped, to prevent erosion. The vegetative growth established shall be sufficient to prevent erosion, and the standard shall be as required by EPA and DNR [seventy percent (70%) coverage per square foot].
I. 
Enforcement.
1. 
Violations — Nuisance. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Section. Any failure to adequately correct a deficiency in erosion and sediment control measures within forty-eight (48) hours after notification by the City shall be a violation of City ordinances. Any failure to comply with a SWPPP (City-approved stormwater pollution prevention plan) for a site that results in sediment entering streets or the stormwater system shall be considered a violation of City ordinances. For storms exceeding the design storm (fifteen-year, twenty-minutes), any silt or debris leaving the site and affecting public rights-of-way or stormwater drainage facilities shall be cleaned up within twenty-four (24) hours after the end of the storm.
2. 
Each incident of failure shall be deemed a separate violation of City ordinances, and each day where violations are not corrected shall be considered separate additional violations.
3. 
The City shall have the right to issue stop work orders to projects/sites not complying with the requirements of this Section.
4. 
Prosecution For Violations. Any person that has violated or continues to violate this Section shall be liable to prosecution to the fullest extent of the law and, upon conviction, shall be subject to a fine in an amount of a minimum of two hundred dollars ($200.00) and not to exceed five hundred dollars ($500.00) per charge and/or imprisonment for a period of time not to exceed ninety (90) days per charge.
[1]
Editor's Note: Ord. No. 5454 § 1, adopted May 14, 2009, sets out the grading permit applications and checklists and matters related thereto. Said checklist and related information is on file in the City offices.
[R.O. 2008 § 405.080; Ord. No. 6496, 9-13-2018]
A. 
General. After approval of the preliminary plat and prior to City Council approval of the record plat, construction plans prepared by an engineer for the subdivision of all, or a specified stage, of the tract shall be submitted to the City Engineer and/or his/her designee. If substantive changes are to be made after approval of the construction plan has been granted, the City Engineer and/or his/her designee shall require revised plans be submitted for approval. Improvements required under this Chapter are the minimum acceptable improvements.
B. 
Preparation Of Plan. It shall be the responsibility of the developer to have prepared by a registered engineer in the State of Missouri a complete construction plan for streets, utilities and other improvements required. Such construction plans are subject to approval by the City Engineer and/or his/her designee and shall be prepared in accordance with standards and specifications stipulated in this Chapter (see Section 405.100).
C. 
Approval Of Construction Plan. Prior to both recording of the record plat and sale of any lot in the plat, the City Engineer and/or his/her designee must review and approve the construction plans; after such approval, the City Engineer and/or his/her designee shall issue an appropriate letter certifying approval for construction to commence.
D. 
Timing Of Improvements. No grading, removal of trees or other vegetation, land filling, construction of improvements or other material change shall commence on the subject property until the developer has:
1. 
Received a letter of approval of grading plan and removal of trees or other vegetation; and
2. 
Obtained necessary approvals and permits from other affected municipal, County, State or Federal agencies.
E. 
Staging. Where a subdivision is to be developed in stages, the provisions of this Article shall apply to each stage. However, improvements and financial guarantees may be required to extend beyond the boundaries of a subdivision stage if such extension is necessary to ensure the relative self-sufficiency of the stage pending completion of the entire subdivision. Such extensions, schedules and similar arrangements shall be set forth in an agreement between the developer and the Council prior to approval of the record plat.
[R.O. 2008 § 405.090; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
Required Prior To Construction. Engineering drawings of all required improvements shall be reviewed and approved by the City Engineer and/or his/her designee, except for improvements to be made under the jurisdiction of other municipal, County or State agencies, in which case the drawings shall be submitted to the appropriate agency for review and approval. Where review and approval of engineering drawings is made by such agency, the City Engineer and/or his/her designee shall be given written confirmation that the necessary reviews have been completed and approvals have been granted.
B. 
Modification During Construction. All installations and construction shall conform to the approved engineering drawings. However, if the developer chooses to make minor modifications in design and/or specifications during construction, he/she shall make such changes at his/her own risk, without any assurance that the City Engineer and/or his/her designee will approve the completed installation or construction. It shall be the responsibility of the developer to notify and obtain approval from the City Engineer and/or his/her designee of any changes from the approved drawings prior to making that change. The developer may be required to correct the installed improvement so as to conform to the approved engineering drawings. The developer may request a letter from the Construction Inspection Division regarding any field changes approved by the City inspectors.
C. 
As-Built Drawings. The developer shall submit to the City Engineer and/or his/her designee an electronic copy of as-built engineering drawings of the required improvements that have been completed. Electronic copy shall be in PDF format, or format that is deemed acceptable by the Department of Engineering. Items that are to be included on the as-built drawings are pavement, storm systems (including detention facilities), water quality items, sanitary systems, water systems, streetlight locations, and permanent swales with flows in excess of one (1) cfs during the design storm event. Each set of drawings shall be signed, sealed and dated by a registered professional surveyor or engineer. In all cases the as-built plan submission should include an as-built plan application and checklist as approved by the City Council and all information as required per that application.
1. 
This provision does not apply to improvements made under the jurisdiction of other public agencies.
[R.O. 2008 § 405.100; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023; Ord. No. 7138, 9-26-2024]
A. 
General. The construction plan for all aspects of the site development shall be prepared by an engineer in an electronic format and shall be submitted for review to the City Engineer and/or his/her designee. Any resubmittal plans shall also be in an electronic format.
1. 
Electronic copy shall be in PDF format, or format that is deemed acceptable by the Department of Engineering.
2. 
All plans, details and reports shall be signed, sealed and dated by a registered professional engineer (per Missouri Economic Development requirement).
B. 
The construction plan shall be any scale from 1 inch = 10 feet through 1 inch = 100 feet, so long as the scale is an increment of ten (10) feet and is sufficiently clear in reflecting details of the proposed construction. Construction plans shall be prepared on exhibits nominally twenty-four (24) inches by thirty-six (36) inches. The site plan or title page shall be used as the cover sheet for the construction plan.
C. 
Amenities Plan And Schedule. In regard to amenities required as a condition of Planning and Zoning approval, detailed construction plans and specifications along with progress schedules shall be provided for, but not limited to, recreational buildings, swimming pools and appurtenant structures, tennis courts, jogging trails, fences and decorative landscaping provided as subdivision amenities. Unless otherwise specified by the Planning and Zoning Commission at the time of approval, these improvements are to be started prior to the City issuing building permits for more than thirty percent (30%) of the project and completed prior to the City issuing building permits for more than fifty percent (50%) of the project.
D. 
Easements/Dedications Outside Subdivision Plat Boundaries. Where development or construction will require easements and right-of-way dedications, no approval of construction plans for developments will be granted until verification of the recording of all easements and right-of-way dedications has been received.
E. 
Information Required. In all cases the construction plan submission should include a construction plan application. The Planning and Zoning Commission and City Council shall approve the applications and checklists for construction plans. Should a grading plan not be required to be submitted for a project, a geotechnical report for the site shall be prepared by a registered professional engineer, with their stamp, signature and address, and shall contain a complete set of soil information and descriptions (including but not limited to existing conditions of the site, potential settlement issues, fill treatment and compaction, recommended remediation techniques, etc.) that supply the City staff with all relevant site information. This shall be submitted as part of the Construction Plan submittal.
F. 
Approval/Permits.
1. 
No person, firm or corporation shall develop, alter or modify any tract of land, roadway or any City-owned utility within the City of O'Fallon or cause the same to be undertaken without first securing the approval of the construction plans as required by this Chapter or other City ordinances, nor shall any person, firm or corporation undertake such work or cause the same to be undertaken without first obtaining the required permits from necessary agencies, including the City of O'Fallon, County, State or Federal Governments for the proposed construction.
2. 
Applications for building permits shall be filed with the Building Official or his/her duly authorized representative, upon the prescribed forms, setting forth the legal description of the lot, tract or parcel of land, together with a general description of the building or structure to be constructed, erected or altered thereon, including the approximate size and shape, principal material or construction, location of the building or structure upon the lot, tract or parcel and the intended use.
3. 
There shall be a separate permit for each building or structure to be constructed, erected or altered except accessory buildings which may be included in the permit for the principal building when construction is simultaneous. For each permit issued there shall be charged and collected from the applicant a fee in accordance with ordinances establishing same.
4. 
No permit shall be issued for any building, structure or construction unless the same is in conformity in every respect with all provisions of this Chapter.
5. 
The Building Official, or his/her duly authorized representative, shall be empowered to act within the provisions of this Chapter upon all applications for building permits, and the same shall be approved or denied not later than the 10th business day succeeding the day of filing. In the event of refusal to issue a permit upon an application as herein provided, the applicant shall have the right to appeal.
6. 
Work on any project may be suspended by the City Official at any time prior to the completion of the improvement, building or structure for which the approval/permit was issued, when it shall appear to him/her that there is departure from the plans, specifications or conditions as required under terms of the permit, that the same was procured by false representation, or that any provisions of this Chapter are being violated. Written notice of such stop work order shall be served upon the owner, his/her agent or contractor, or upon any person employed on the building or structure for which such approval/permit was issued, or shall be posted in a prominent location, and thereafter no such construction shall proceed.
G. 
Violation And Penalty.
1. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this Chapter, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
2. 
Failure to obtain and display the required permit prior to making such improvement shall constitute a violation of this Chapter. Each day of such non-compliance shall constitute a separate violation.
3. 
The owner or general agent of a building or premises where a violation of any provision of the regulations of this Chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists shall be guilty of a violation of this Chapter punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation continues, or by both such fine and imprisonment in the discretion of the court. Any such person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
H. 
Permit Applicants. The applicant shall be the owner(s) of record or authorized representative designated by the owner(s).
I. 
Plans And Fees. See Title IV, Appendix B, Schedule of Fees, Costs and Expenses, for fee schedule.
1. 
Refunds Of Fees. This Section addresses how refunds are to be handled in the event of cancelled projects.
a. 
If plans have been submitted and reviewed (regardless of the status of the permit), any submittal fee for that permit is non-refundable.
(1) 
Any plan that was submitted (with a paid submittal/permit/application fee) but an immediate request was made to cancel, then the unutilized fee(s) will be refunded.
b. 
If plans were issued (all fees paid), and no construction has commenced, and a request to cancel has been submitted, then a refund can be issued for fifty percent (50%) of the total application fees (outside of additional review fees).
(1) 
For commercial projects with a minimum fee, there will be no refunds.
c. 
If construction has been occurring, requiring an inspector to visit the site, and a request to cancel has been submitted, then there are no refunds available.
d. 
Under any of these scenarios, should the cancelled project wish to come back to the City for consideration, then it will need to pay all current, applicable permit fees as if it was a brand-new permit.
2. 
Expired Plans.
a. 
If plans have been reviewed and expire, then there are no refunds available.
(1) 
If all fees are paid, and no construction has commenced, and the plans have expired, then a refund can be issued for fifty percent (50%) of the total application fees (outside of additional review fees).
b. 
An expired set of plans, who previously paid permit fees and desires to come back for review, will need to pay all current, applicable permit fees as if it was a brand-new permit.
[1]
Editor's Note: Ord. No. 5585 § 1, adopted April 22, 2010, sets out the applications and checklists for record plats, condominium, resubdivision and boundary adjustment plats and commercial site plans for all reviews pertaining to said applications, etc. All material noted herein is on file in the City offices.
[R.O. 2008 § 405.101; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
The construction of all commercial and residential construction plan improvements shall be completed within two (2) years of the City Engineer's approval of the construction plans. Time extensions may be granted by the Department of Engineering for those developments showing good cause as to why the improvements have not been completed. If construction under the approved construction plan is to continue beyond the two-year period, the developer must request an extension of the approved plan and provide for extending the escrow or other surety on the project prior to the expiration of the plan; otherwise, work on the project must cease. Any request for an extension under this Section that is denied by City staff can be appealed to the City Council. The developer may request a period of construction longer than two (2) years with the initial approval at the Planning and Zoning Commission meeting by providing a suitable explanation for the request. On projects with an extended construction period, suitable escrows must be provided for the extended period. If construction is not actively pursued during the course of the extended period of construction approval (beyond the initial two-year period), the City may cancel the extension with thirty (30) days' written notice to the developer. Any canceled extension under this Section may be appealed to the City Council.
B. 
Release Of Escrow; Additional Escrow.
1. 
The final release of escrow on all public improvements will be made in accordance with Section 405.110 of this Chapter. A five percent (5%) escrow relating to certain categories of improvements may be held if additional improvements within that particular category are planned for additional phases of the overall project or subdivision. If the developer chooses, a replacement escrow or maintenance bond (for improvements outside the current phase) will be allowed to cover this for the earlier phase of the project.
2. 
In special cases, the construction of the development may impact existing facilities outside the development. In these cases, the Department of Engineering will notify the developer of the need to provide an additional escrow or maintenance bond prior to Planning and Zoning approval of the development. This escrow or maintenance bond is designated only for facilities directly affected by work in the development. As an example this would include, but not be limited to, the main access road into the site and water/sewer lines to or from the site. This escrow or maintenance bond shall not exceed five percent (5%) of the value of the existing improvements and will be held until the project is completed.
C. 
Issuance Of Building Permits.
1. 
The Building Official shall not issue building permits for any residential structures located on lots within a recorded plat until all street improvements and storm sewers required to be installed within such recorded plat have been installed and are usable. "Usable" is defined as the aforementioned categories have been installed and are functioning as intended and the street is connected to another public street. For water service and sanitary sewers, all the improvements must be installed and connected to the system, but acceptance by the water or sewer authority is not necessary for the building permit to be issued.
2. 
In a case where the water system has not been accepted, the builder must certify that a usable fire hydrant exists within six hundred (600) feet of the building or must obtain approval from the fire district prior to the building permit being issued. The Department of Engineering's lot inspection, prior to a certificate of occupancy being issued, shall not be approved without approval of the water service and sanitary sewers by the appropriate water or sewer authority.
D. 
The Building Official shall not issue any certificate of occupancy for any residential structure located on a lot within a recorded plat until all permanent utilities servicing such structure have been installed and are functioning and operating as designed. For the purpose of enforcing this Subsection (D) only, utilities shall include water, sanitary sewer, storm sewer, electric and natural gas (if applicable for heating of the structure).
[R.O. 2008 § 405.102; Ord. No. 6496, 9-13-2018]
Where the subdivision contains sewers, sewage treatment plants, water supply systems, or other physical facilities that are necessary or desirable for the welfare of the area or that are of common use or benefit and which are not or cannot be satisfactorily maintained by an existing public agency, provision shall be made which is acceptable to the agency having jurisdiction over the location and maintenance of such facilities and for the proper and continuous operations, maintenance and supervision of such facilities.
[R.O. 2008 § 405.104; Ord. No. 6496, 9-13-2018]
Variances may be granted by the Board of Adjustment where there are demonstrated practical difficulties or unnecessary hardship in compliance with specific provisions of this Chapter, public safety and welfare are secured and substantial justice done.
[R.O. 2008 § 405.110; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
Escrow Agent. The developer shall deposit with the City Clerk, or an escrow agent agreed upon by the City Administrator and the developer, a cash amount, certified check or an irrevocable bank letter of credit endorsed to the escrow agent. The developer has the option of which form to utilize.
B. 
Escrow Estimate. An escrow estimate has been developed by the City and shall be used for estimating the escrow amount and/or the cost of construction.
1. 
This escrow estimate contains many unit prices that originate in the St. Louis Design Criteria Manual, but modified to include other unit prices that are not included in the manual.
2. 
The Construction Cost Index (CCI), as published in the St. Louis Design Criteria Manual, shall be utilized to adjust the previous year's data, as soon as practically available at the beginning of a calendar year.
a. 
The St. Louis Design Criteria Manual notes the percent change in the CCI dating back to 1971. The City of O'Fallon began estimating escrow using unit prices in 2010. Therefore, the CCI percent changes from 2011 to the present are intended to be considered in the City's analysis. In an effort to catch up the current pricing (with the CCI accounted for), the City of O'Fallon shall implement a certain percentage increase each year, for a period of six (6) years. After this period of six (6) years, the yearly percentage change for the CCI shall be applied in all subsequent years. Should the unit prices that originate in the St. Louis Design Criteria Manual be updated at any time during this period, the new prices shall be used, with the yearly percentage change for the CCI being applied in all subsequent years.
An example with the corresponding data table is provided below to illustrate this change.
During the example time period, the total percent change was an increase by forty-five and four-tenths percent (45.4%), with an average yearly change of an increase of three and eight-tenths percent (3.8%).
Year
CCI Change, yearly (%)
CCI Change, cumulative (%)
O'Fallon Change, yearly (%)
O'Fallon Change, cumulative (%)
2011
3.9%
3.9%
2012
0.9%
4.8%
2013
2.4%
7.2%
2014
2.9%
10.1%
2015
2.9%
13.0%
2016
11.7%
24.7%
2017
2.5%
27.2%
2018
-0.1%
27.1%
2019
1.9%
29.0%
2020
0.5%
29.5%
2021
1.8%
31.3%
2022
*14.1%
*45.4%
2023
**3.8%
*49.2%
*11.3%
*11.3%
2024
**3.8%
*53.0%
*11.3%
*22.6%
2025
**3.8%
*56.8%
*11.4%
*34.0%
2026
**3.8%
*60.6%
*11.4%
*45.4%
2027
**3.8%
*64.4%
*11.4%
*56.8%
2028
**3.8%
*68.2%
*11.4%
*68.2%
2029+
CCI%
68.2%+CCI%
CCI%
68.2%+CCI%
*
Estimated CCI Change for 2022.
**
These values are based on the average CCI percentage increase. The actual increase will be tabulated and these values will be adjusted to reflect it. The intent is to catch up to the present CCI cumulative percentage over a six-year period.
b. 
All engineering cost estimates still under review will have the new unit prices applied.
C. 
Escrow Agreement. For all developers proposing to establish escrows, the escrow agreement shall be in form approved by the City Attorney.
D. 
Failure To Complete The Construction Of An Improvement. In the event the developer shall, in any case, fail to complete all such improvement work within the period of time required by the escrow agreement or bond for the completion of improvements, the City may have such work completed and seek reimbursement to the City for the cost and expense thereof by appropriating funds in the escrow or by making a claim on the bond or by bringing legal action to enforce the terms of the bond and/or escrow.
E. 
Successor Developer. In the event a developer who has posted a development escrow, letter of credit or bond with the City in accordance with Section 405.110 transfers title of the subdivision property prior to full release of the escrow, letter of credit or bond, the City may accept a replacement escrow or bond from the successor developer in the form allowed in Section 405.110 and in the amount of the escrow, bond or letter of credit held by the City at the time of the property transfer and, upon receipt of the replacement escrow bond and the required security, the City shall release the original development 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 Section 405.110 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.
[R.O. 2008 § 405.111; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
Surety Bond. The City may accept a surety bond and such bond shall be in an amount and with surety and other reasonable conditions providing for and securing the actual construction and installation of the improvements and utilities.
B. 
Amount. The bond or escrow account shall be an amount, estimated by the design engineer and approved by the City Engineer and/or his/her designee, equal to the estimated cost for completing construction of the improvements over the anticipated construction period and contingencies based on an estimating guide reasonably acceptable to the City Engineer and/or his/her designee. The City Engineer and/or his/her designee, in order to protect the City's taxpayers from the cost of correcting or completing development projects in a timely manner, shall estimate the costs to cure or complete so as to ensure that all estimated future costs and contingencies are included in the amount.
1. 
Any existing subdivision where a non-City-owned utility line is being constructed along an existing development common ground or private property shall have escrow provided for that off-site common ground or private property restoration.
C. 
Term, Length, Extension. The initial term length in which the development bond or development escrow is in force shall be for a period not to exceed two (2) years, unless extended by the City. If the developer fails to file a certificate of completion with the City and obtain a completion certification from the City before the end of the initial term length, the bond or escrow shall continue in force until released by the City Engineer and/or his/her designee.
D. 
Development Escrow Release. The bond or escrow 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 ten percent (10%) which shall be released upon completion as set forth herein. 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 ordinances 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 are duly posted with the United States Postal Service or other agreed-upon delivery service or when the escrow funds are hand delivered to an authorized person or place as specified by the owner or developer or when notice of release is sent to the escrow bond surety. Once the developer or builder has completed part of the site improvements in a timely and satisfactory manner, the City should promptly release the appropriate pro rata amount of escrow or bond funds. If the City has not released such escrow funds or bond amount within thirty (30) days as provided in this Section, the City shall be subject to pay the owner or developer, in addition to the escrow funds due the owner or developer, interest at the rate of one and one-half percent (1 1/2%) per month of any escrow funds unlawfully retained calculated from the expiration of the thirty-day period until the escrow funds have been released. Any owner or developer aggrieved by the City's failure to observe the requirements of this Chapter may bring a civil action to enforce the provisions of this Chapter. In any civil action or part of a civil action to enforce the provisions of this Section, a court may award the prevailing party or the City the amount of all costs attributable to the action, including reasonable attorneys' fees.
1. 
The original plat's development escrow will be released in two (2) phases, a ninety percent (90%) release and a final ten percent (10%) release with the following requirements: For the ninety percent (90%) release, the following requirements will be inspected with minimal inspection time on-site, and each category can be released individually. For the final ten percent (10%) release, the following requirements will require a full inspection, and all categories will be released at the same time. These conditions are minimal as deficiencies are reported as inspected, and the inspection reports will be supplied to the developer.
a. 
Criteria Inspected for Conformance to Approved Plans and City Codes (The following items must be done prior to requesting inspection.):
(1) 
Streets: ninety percent (90%) release.
(a) 
Constructed under City of O'Fallon inspection.
(b) 
Roadway backfilled and compacted to City standards.
(c) 
Layout generally conforms to approved site plans.
(d) 
Concrete cylinder breaks equal to or greater than required within twenty-eight (28) days.
(e) 
All joints properly located and sealed.
(2) 
Storm sewers: ninety percent (90%) release.
(a) 
Constructed under City of O'Fallon inspection.
(b) 
Installation of all storm infrastructures has been installed and in general conformance to approved site plans.
(c) 
Proper backfill and compaction of backfill material.
(d) 
All grading adjacent to inlets to provide for proper drainage in accordance with the drainage area map, and proper grading around all other structures.
(e) 
Proper construction of all detention/retention basins.
(f) 
Erosion control in working condition.
(3) 
Sanitary sewers (City of O'Fallon System): ninety percent (90%) release.
(a) 
Constructed under City of O'Fallon inspection.
(b) 
Installation of all sanitary infrastructures has been installed and in general conformance to approved site plans.
(c) 
Proper placement and compaction of backfill material.
(d) 
Successfully pull a mandrel through all main lines (public and private) and pressure/vacuum test approved.
(4) 
Water (City of O'Fallon System): ninety percent (90%) release.
(a) 
Constructed under City of O'Fallon inspection.
(b) 
Installation of all water infrastructures has been installed and in general conformance to approved site plans.
(c) 
Proper placement and compaction of backfill material.
(d) 
Successful bacteria testing and pressure test approved.
(5) 
Grading: ninety percent (90%) release.
(a) 
Constructed under City of O'Fallon inspection.
(b) 
Generally conforms to approved site plans.
(c) 
Erosion control, diversion swales, and sediment basins installed.
(d) 
Site stabilization per County codes has been started or completed.
(6) 
Common ground: ninety percent (90%) release.
(a) 
Amenities directly related to or along the frontage of the common ground, if required, are installed in general conformance to the approved site plans.
(7) 
Other: ninety percent (90%) release.
(a) 
Landscaping, if required, is installed in general conformance to the approved site plans.
(b) 
Items escrowed that do not fit into other categories have been installed under City of O'Fallon inspection and are in general conformance to the approved site plan.
(c) 
Installation of traffic control signage, pavement markings, streetlighting, and street ID signs.
(8) 
All categories: final ten percent (10%) release.
(a) 
Any deficiencies that have occurred since initial escrow release have been repaired.
(b) 
Subdivision record plat approved and recorded and acceptance of the dedication of public improvements to be maintained by the City of O'Fallon.
(c) 
As-builts approved.
(9) 
Streets: final ten percent (10%) release.
(a) 
Core drills for proper thickness (performed by City).
(b) 
Straightedge testing meets requirements.
(c) 
Sidewalks, not associated with a home lot, constructed under City of O'Fallon inspection.
(10) 
Storm sewer: final ten percent (10%) release.
(a) 
Grading around structures with proper drainage.
(b) 
All temporary siltation control devices removed.
(11) 
Sanitary sewers (City of O'Fallon System): final ten percent (10%) release.
(a) 
Grading around structures completed.
(12) 
Water (City of O'Fallon System): final ten percent (10%) release.
(a) 
Grading around structures completed.
(13) 
Grading: final ten percent (10%) release.
(a) 
Conforms to approved site plans.
(b) 
Vegetation seventy-five percent (75%) established throughout the plat.
(14) 
Common ground: final ten percent (10%) release.
(a) 
Amenities directly related to or along the frontage of the common ground installed per the approved construction plans.
(b) 
Developer shall provide information regarding the establishment of the first member of the Board of Trustees or Board of Directors for the subdivision, per the record plat procedures, and provide trustees contacts.
(15) 
Other: final ten percent (10%) release.
(a) 
Completion of all signs and lights.
(b) 
Completion/approval of as-built drawings.
(c) 
Items escrowed that do not fit into other categories have been completed, or replacement escrow provided.
2. 
When the final ten percent (10%) escrow is ready to be released, staff will make a recommendation to the City Council for the acceptance and dedication of related City infrastructure.
[R.O. 2008 § 405.112; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
A. 
Purpose. Grading or clearing plans are frequently submitted separately from the primary construction plans, for the purpose of mass grading. The purpose of the grading or clearing escrow is to provide funding to stabilize a site in the event of a failure to develop the grounds. Any other improvements (including retaining walls) to be constructed as part of the grading plans shall be escrowed separately.
B. 
Improvement Installation Or Performance Guarantee. Prior to approval of the grading or clearing plans by the City, the owner/developer must post a financial guarantee of performance as required by this Chapter.
1. 
Escrow Amount. The amount of escrow established will be based on a straight calculation of two thousand five hundred dollars ($2,500.00) per acre of the total disturbed area, with the acreage rounded to the nearest one-hundredth (1/100) of an acre.
a. 
Any additional improvements outside those listed above shall be escrowed in accordance to Section 405.111 (broken out from the flat fee).
b. 
For developments excluding attached and detached single-family, the commercial escrow (per Section 405.113) can be collected up front in lieu of requiring that the above-mentioned grading or clearing escrow be collected separately.
c. 
For clearing-only projects (no grading operations), the amount of escrow established will be based on a straight calculation of two hundred fifty dollars ($250.00) per acre of the total disturbed area, with the acreage rounded to the nearest one-hundredth (1/100) of an acre.
2. 
Escrow Type And Agreement. The escrow must be in the form of a bond, cash, check or wire transfer to the City of O'Fallon and accompanied by a signed escrow agreement.
3. 
Escrow Inspection And Release.
a. 
For residential grading or clearing, escrow release shall follow the same procedures as outlined in Section 405.111. Grading or clearing escrow can be transferred into the residential development escrow in efforts to consolidate escrows. Should this process be followed, the grading or clearing escrow will be released after the residential development escrow is in place.
b. 
For commercial grading, escrow release shall follow the same procedures as outlined in Section 405.113.
4. 
All other specifics not covered above in regards to the performance guarantee shall adhere to Section 405.110.
[R.O. 2008 § 405.113; Ord. No. 6496, 9-13-2018; Ord. No. 7015, 4-27-2023]
A. 
Acknowledgment. At the time of application for a building permit, the applicant shall acknowledge, in writing, and with his/her signature, which the applicant is responsible for assuring that the lot for which the building permit is issued complies with the approved construction plans.
B. 
Grading Only. If the permit is for site grading only, go to Section 405.070 for procedures.
C. 
Construction Type. Prior to a building permit being issued in all zoning districts (except attached and detached single-family) for new construction additions (building or site) or demolitions, a construction escrow must be in place. A construction escrow is not required for alterations, maintenance, interior finishes or change of use.
D. 
Commercial Escrow Amount.
1. 
The amount of commercial escrow established will be based on the following criteria, unless public infrastructure is being added or altered:
Escrow Amount
Lot Size
(acres)
<1
1.01 to 4.99
>5
<$100,000.00
$2,000.00
$5,000.00
$10,000.00
$100,001.00 to $500,000.00
$5,000.00
$10,000.00
$15,000.00
Construction costs
$500,001.00 to $1,000,000.00
$10,000.00
$15,000.00
$20,000.00
$1,000,001.00 to $1,500,000.00
$15,000.00
$20,000.00
$25,000.00
>$1,500,000.00
$20,000.00
$25,000.00
$30,000.00
2. 
If public infrastructure and/or public sidewalks and/or public trails are being added or altered with the site plan, then the actual costs of such improvements will be added to the aforementioned amounts in accordance with Section 405.111.
a. 
Acceptance for maintenance of public infrastructure will follow Section 405.111(B), with the exception of the escrow release percentages.
b. 
Acceptance for maintenance of public sidewalks and/or trails will follow Section 405.111.
3. 
For small expansions on larger properties, smaller escrow based on the disturbed area may be collected, as approved by the City Engineer and/or his/her designee.
E. 
Escrow Type And Agreement. The commercial escrow must be in the form of cash, check or wire transfer to the City of O'Fallon and accompanied by a signed escrow agreement. Escrow pertaining to public infrastructure may be in the form of a performance bond in addition to the aforementioned formats.
F. 
Escrow Holder. The escrow holder shall be either the property owner or the franchise owner. If the escrow holder is anyone else, the owner shall also be a party to the escrow agreement.
G. 
Term, Length, Extension. The initial term length in which the escrow is in force shall be for a period not to exceed two (2) years, unless extended by the City. If the contractor fails to complete the work within this time frame and obtain an occupancy permit from the City before the end of the initial term length, the escrow shall continue in force until released by the City Engineer and/or his/her designee.
H. 
Escrow Inspection And Release.
1. 
At the time the contractor or owner has requested a certificate of occupancy, the site and building shall be inspected for compliance. If no deficiencies are encountered on the building and the site, then a certificate of occupancy will be issued, and the escrow will be released in full.
2. 
Once the site and building are within compliance, all escrow funds will be returned. Acceptance for maintenance of public infrastructure will follow Section 405.111(B), with the exception of the escrow release percentages. An exception to this compliance is weather-related and horticulture. If in the sound opinion of the Building and Code Enforcement Division the weather is not conducive to correct horticultural activities, then a certificate of occupancy can be issued without the site being in compliance. The horticulture must be finalized within six (6) months of the issuance of the certificate of occupancy or the escrow will be utilized to correct the non-compliance and/or fines established per this Chapter. Any site-related issues, including horticulture activities, shall be completed within six (6) months of the issuance of the certificate of occupancy, otherwise the site will be deemed out of compliance.
a. 
Any violation of the provisions of Subsection (H)(1) above shall be punished as provided in Section 100.010 of this Code of Ordinances. In addition to any penalties under Section 100.010, equitable relief shall also be available to enforce compliance pursuant to Section 100.011 of this Code of Ordinances.
I. 
Multiple Additions. If the original site plan and/or building plan has had additions approved through the Planning and Zoning Commission and are on the current or adjacent site, the original escrow agreement can be altered so that only one (1) escrow agreement is in place; however, this is only at the request of the owner. The owner must understand that individual certificates of occupancy will not be approved under this process unless the escrow agreement is modified at the time of an individual site completion.
[R.O. 2008 § 405.114; Ord. No. 6496, 9-13-2018]
A. 
Purpose. The purpose of the lot deposit is to protect existing infrastructure on the site from damage from building construction, on that specific lot. This generally applies to infrastructure (except streets unless as explained below).
B. 
With the various escrow options contained in Chapter 405 of the City Code, only one (1) valid escrow is required for each phase or plat of a project. The City cannot require duplicate escrows, but, at the same time, each lot being constructed on must have a suitable and valid escrow accepted by the City with the escrow being in compliance with Chapter 405 of the City Code.
C. 
For each new building permit, a per-lot deposit must be established to cover potential damage to storm, sanitary and water infrastructure. This per-lot deposit will be done with the building permit for such lot and will also cover items outside of the building structure such as grading and sidewalks.
D. 
When the per-lot deposit is to be initiated by a builder, an inspection of the current conditions within the subdivision will be performed by the City to document the existing conditions of the infrastructure. All parties involved with the per-lot deposit will have to agree on the list of existing deficiencies prior to executing the escrow documents. The builder and escrow holder on this new per-lot deposit will not be required to correct any of the preexisting deficiencies defined by the inspection. The preexisting deficiencies will remain the responsibility of the appropriate party to be repaired.
E. 
With the per-lot deposit in place as noted above, the home builder will be required to post a one thousand dollar ($1,000.00) cash per-lot deposit with each home building permit being issued. This per-lot deposit will be released with the correction of any deficiencies caused by the home construction and issuance of the certificate of occupancy or temporary certificate of occupancy for the home.
[Ord. No. 7015, 4-27-2023; Ord. No. 7056, 10-26-2023]
1. 
The builder will have the option to post a single ten thousand dollar ($10,000.00) cash per-lot deposit, in lieu of individual escrows for each lot. This option will cover the per-lot deposit for all the homes being constructed across the City regardless of which subdivision it is in. If the City is required at any time to utilize the per-lot deposit to correct any deficiencies, the full value of the escrow must be restored prior to any additional building permits being issued to the builder.
2. 
If corrections of any deficiencies have not been completed within three (3) months of receiving the initial inspection report, a penalty of five hundred dollars ($500.00) shall be paid to the City of O'Fallon. If corrections of any deficiencies have not been completed within six (6) months of receiving the initial inspection report, an additional penalty of five hundred dollars ($500.00) shall be paid to the City of O'Fallon and until proper corrections have been made, future permits/reviews will not be conducted by the City of O'Fallon. At the City Engineer's discretion, exceptions can be made.
3. 
Prior to issuance of an occupancy permit, the builder shall provide a letter signed and sealed by a registered professional engineer verifying and stating the lot for which the building permit is issued complies with the approved grading and drainage plans. If this cannot be accomplished, the Building Official may issue temporary occupancy with the builder's already established per-lot deposit. The temporary occupancy can be replaced with a certificate of occupancy once a letter has been approved by the City.
a. 
If the lot is graded correctly but vegetation has not been performed (established vegetation or sod), erosion control must be in place and the area seeded/strawed per the County vegetation type based on the time of year.
F. 
The City reserves the right to not approve the use of this per-lot escrow in subdivisions where severe deficiencies in the public infrastructure exist with no clear method of resolving those deficiencies.
G. 
Acknowledgment. At the time of application for a building permit, the applicant shall acknowledge, in writing, and with his/her signature, which the applicant is responsible for assuring that the lot for which the building permit is issued complies with the approved construction plans.
H. 
Escrow Type And Agreement. The per-lot deposit must be in the form of cash, check or wire transfer to the City of O'Fallon and accompanied by a signed escrow agreement.
I. 
Term, Length, Extension. The initial term length in which the escrow is in force shall be for a period not to exceed one (1) year, unless extended by the City. If the contractor fails to complete the work within this time frame and obtain an occupancy permit from the City before the end of the initial term length, the escrow shall continue in force until released by the City Engineer.
J. 
Escrow Inspection And Release.
1. 
At the time the contractor or owner has requested a certificate of occupancy, the site and building shall be inspected for compliance. If no deficiencies are encountered on the building and the site, then a certificate of occupancy will be issued, and the escrow will be released in full.
2. 
Once the site and building are within compliance, all escrow funds will be returned. An exception to this compliance is weather-related and horticulture. If in the sound opinion of the Building and Code Enforcement Division the weather is not conducive to correct horticultural activities, then a certificate of occupancy can be issued without the site being in compliance. The horticulture must be finalized within six (6) months of the issuance of the certificate of occupancy, or the escrow will be utilized to correct the non-compliance and/or fines established per this Chapter. Any site-related issues, including horticulture activities, shall be completed within six (6) months of the issuance of the certificate of occupancy; otherwise the site will be deemed out of compliance.
a. 
Any violation of the provisions of Subsection (J)(1) above shall be punished as provided in Section 100.010 of this Code of the City of O'Fallon. In addition to any penalties under Section 100.010, equitable relief shall also be available to enforce compliance pursuant to Section 100.011 of this Code of the City of O'Fallon.
K. 
Multiple Additions. If the original site plan and/or building plan has had additions approved through the Planning and Zoning Commission and are on the current or adjacent site, the original escrow agreement can be altered so that only one (1) escrow agreement is in place; however, this is only at the request of the owner. The owner must understand that individual certificates of occupancy will not be approved under this process unless the escrow agreement is modified at the time of an individual site completion.
[R.O. 2008 § 405.115; Ord. No. 6496, 9-13-2018; Ord. No. 7015, 4-27-2023]
A. 
Purpose. The purpose of the maintenance escrow is to protect existing infrastructure on the site from damage from building construction. This generally applies to streets and site grading.
B. 
At any time after the ninety percent (90%) release for all categories on the development escrow, a maintenance escrow shall be established to ensure that the infrastructure remains in an acceptable condition during the building construction.
1. 
If the maintenance escrow is established prior to the full development escrow release, the City must be provided with an agreement between the developer and maintenance agent with terms of responsibility between the two (2) entities with respect to potential damage to escrow items.
a. 
It is highly encouraged to wait until closer to the time of escrow release to submit maintenance escrow, such that all items are properly captured.
b. 
Should the maintenance escrow be submitted early, and additional items need to be incorporated, then the developer shall either supplement the remaining items with a second escrow, and also revise the escrow agreement, or the initial maintenance escrow can be returned and replaced with a new one.
2. 
Accompanying the maintenance agreement will be an inspection report of the existing infrastructure.
3. 
The City's maintenance responsibility will start when the development escrow has been released in full.
After the development escrow is released, and with the maintenance escrow in place or still being developed, the City's maintenance responsibilities will be limited to snow plowing, pavement striping, payment of streetlighting bills, normal traffic sign maintenance, joint sealing and A-joint maintenance. The administration of this new maintenance escrow shall be in a similar manner to the development escrow.
C. 
The maintenance escrow must be replaced by a single successor (builder, agent or bank) as long as all City requirements are met. The City will review and approve any such replacement escrows. This new maintenance escrow will assure the City that it has a fund dedicated for the specific purpose of correcting damage to the public infrastructure that occurs during the building construction and that all stakeholders (developer, builders, banks and City) are aware that this fund will be used to correct such damage. The escrow agreement and financial surety shall be in the same form as prescribed in Section 405.110(A) through (D) and as approved by the City Attorney. The maintenance escrow agreement and financial surety shall not expire until ninety-five percent (95%) of the buildings have been completed with occupancy approved. The escrow agreement shall clearly indicate that the developer/builder will be required to post additional financial surety should deficiencies arise that would cost more to repair than what is held in the maintenance escrow fund. With the construction of the final five percent (5%) of the buildings not covered by the maintenance escrow, the builders and contractors are not released from damage that is caused by their construction activities. Maintenance escrows shall be set up on a per-plat basis, and the amount of the maintenance escrow funds shall be as follows:
1. 
Streets. Ten percent (10%) of the previously approved cost estimate from the development escrow.
2. 
Erosion Control. A new estimate shall be provided for the cost of any grading, vegetation or erosion control that may be necessary during the period that lots are vacant (prior to a building permit being issued). Vegetative growth is defined in Section 405.070(G)(3).
3. 
Sidewalks. Ten percent (10%) of the previously approved cost estimate from the development escrow for sidewalks not tied to a lot (example includes common ground areas or entrances adjacent to other property).
4. 
Streetlights And Street Signs. Ten percent (10%) of the previously approved cost estimate for lights and signs not tied to a lot (example includes common ground areas or entrances adjacent to other property).
5. 
Detention/Retention Basin. This pertains to if a builder is constructing homes within a subdivision, and if the builder is not the developer. The escrow holder needs to acknowledge that the basin is in compliance prior to establishment of this escrow. This shall be done by means of an inspection from the City Engineer. A new estimate shall be provided for bringing the basin into compliance, which may include potential cleanout of said basin. As-builts will be required prior to release of the maintenance escrow.
6. 
Water quality items (BMPs) will be escrowed with the stormwater management and best management practices facilities maintenance agreements and not be part of this maintenance escrow. This pertains to if a builder is constructing homes within a subdivision, and if the builder is not the developer. A new estimate will be provided to maintain existing water quality features or the construction of such features if it will be done once the homes are built out.
7. 
Survey monumentation for the right-of-way establishment.
8. 
Developer shall provide information regarding the establishment of a minimum of three (3) members of the Board of Trustees or Board of Directors for the subdivision, per the record plat procedures, and provide trustees contacts. For subdivisions with lots totaling less than ten (10), special consideration may be given by the Director of Planning, if requested by the developer, to allow for the number of trustees to be two (2).
9. 
Any additional items from the original development escrow that remain incomplete as noted on inspection reports, may be transferred to the maintenance escrow. Note: this should be reserved for minor items.
D. 
Once all ordinance requirements have been satisfied and deficiencies corrected, the builder or developer may request release of the maintenance escrow. The Engineering Department shall certify to the City Council that all ordinance requirements have been complied with and cause an item to be placed on the Council's consent calendar to formally release the escrow.
1. 
Maintenance escrows for residential developments are good through the duration of active construction of homes in the area covered by the escrow. Once home construction is completed the developer has twelve (12) months to complete any necessary repairs, as determined by the City, to covered infrastructure. Failure to make repairs within the specified time frame will result in being considered in violation of the maintenance escrow and subject to City Code Section 100.012.
E. 
The City reserves the right to not approve the use of this maintenance escrow in subdivisions where severe deficiencies in the public infrastructure exist with no clear method of resolving those deficiencies.
[Ord. No. 7056, 10-26-2023]
A. 
Purpose. The purpose of the access road escrow is to protect existing subdivision street pavement infrastructure, that is being used as an access road into a new development. This escrow is to protect subdivision streets.
B. 
Prior to construction plan approval, an access road escrow shall be established to ensure that the infrastructure remains in an acceptable condition during the construction of the subdivision. A map identifying the access road shall be submitted to the City for approval and shall be used for the duration of construction. Accompanying the access road escrow agreement will be an inspection report of the existing infrastructure. The administration of this new access road escrow shall be in a similar manner to the maintenance escrow.
1. 
Any changes to the access road will require a new set of inspections and additional escrow(s).
2. 
Developer shall provide signage along the approved access route.
3. 
A warning will be issued for a deviation from the approved access route if it occurs.
4. 
If further deviations from the approved access route occur after a warning has been issued, at the City's discretion, it may result in being considered in violation of the access road escrow and subject to City Code Section 100.012.
C. 
The access road escrow must be held by the developer of the construction plans being constructed. This new access road escrow will assure the City that it has a fund dedicated for the specific purpose of correcting damage to the public infrastructure that occurs during the construction and that all stakeholders (developer, builders, banks and City) are aware that this fund will be used to correct such damage.
1. 
The escrow agreement and financial surety shall be in the same form as prescribed in Section 405.110(A) through (D) and as approved by the City Attorney.
2. 
The access road escrow agreement and financial surety shall not expire until ninety-five percent (95%) of the buildings have been completed with occupancy approved.
3. 
The escrow agreement shall clearly indicate that the developer/builder will be required to post additional financial surety should deficiencies arise that would cost more to repair than what is held in the maintenance escrow fund.
4. 
With the construction of the final five percent (5%) of the buildings not covered by the maintenance escrow, the builders and contractors are not released from damage that is caused by their construction activities. The amount of the access road escrow funds shall be as follows:
a. 
Streets. Twenty-five percent (25%) of the approved cost estimate for the quantity of road pavement to be served as the access road.
D. 
Once all ordinance requirements have been satisfied and deficiencies corrected, the builder or developer may request release of the maintenance escrow. The Engineering Department shall certify to the City Council that all ordinance requirements have been complied with and cause an item to be placed on the Council's consent calendar to formally release the escrow.
[R.O. 2008 § 405.120; Ord. No. 6496, 9-13-2018; Ord. No. 7015, 4-27-2023]
[Note: Existing escrow agreements will follow the protocol in place when the agreement was signed.]
A. 
General Inspection Requirements.
1. 
Prior to starting any of the work covered by the permitted work and after approval thereof, the applicant shall make arrangements to provide for inspection of the permitted work, sufficient in the opinion of the City Engineer and/or his/her designee, to assure compliance with the plans and specifications as approved.
2. 
The City Engineer and/or his/her designee shall make all necessary inspections of City infrastructure, escrow items or infrastructure located on the approved plans. This does not relieve the developer from any necessary inspections or testing requirements that are still required by said developer.
3. 
Twenty-four (24) hours' notice shall be given to the City Engineer's office regarding any requested inspection.
B. 
The City shall certify that the project is complete in accordance with the following process:
1. 
Once the improvements or utilities have been constructed or installed, the developer is responsible for obtaining necessary inspections by requesting such inspection in writing to the Department of Engineering. Following a satisfactory inspection and receipt by the Department of Engineering of verification from the appropriate inspecting authority that all improvements are constructed or installed in accordance with the approved plans, the Department of Engineering will then review all documents to verify that each category of improvement or utility work is constructed or installed and, if so, will recommend release of the development escrow for that category and notify the necessary entities of said approval for release.
2. 
The Department of Engineering will issue a construction inspection report listing all deficiencies within thirty (30) days of receipt of a written request to approve or inspect improvements subject to the following requirements:
a. 
All inspections will be made within thirty (30) working days after the receipt of a written request for inspection. This time frame represents the normal maximum time span required from receipt of written request to signing the construction inspection approval memorandum or the construction inspection report. Inspections may be delayed by workload, weather and ground conditions, especially during the winter when a complete inspection cannot be accomplished. A construction inspection approval memorandum will not be issued where deficiencies exist. Without a construction approval memorandum, the Department of Engineering will not recommend release of escrow. When deficiencies exist, the Department of Engineering will provide a construction inspection report to the developer.
b. 
If deficiencies listed in a construction inspection report are corrected within sixty (60) days of the date of the construction inspection report, the Department of Engineering will not conduct any additional inspections other than to verify the correction of the deficiencies. If the deficiencies listed in a construction inspection report are corrected between sixty (60) days and ninety (90) days, the Department of Engineering will not conduct any additional inspections other than to verify the correction of the deficiencies or discover additional major deficiencies. If deficiencies listed in a construction inspection report are not corrected until more than ninety (90) days' time after the date of the construction inspection report, the site is subject to reinspection, and any deficiencies may be added requiring correction.
3. 
As-built plans shall serve as certification by the developer's engineer that improvements have been installed.
4. 
The Department of Engineering shall assure that all documentation and certifications required by the City of O'Fallon have been received in complete and acceptable form prior to release of any escrow monies.
5. 
Escrow release shall be in accordance with the type of escrow that is being held. The process is described under each of the appropriate Sections in Sections 405.111 through 405.115.