[R.O. 2008 § 405.070; Ord. No. 6496, 9-13-2018; Ord. No. 7056, 10-26-2023]
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 section Title IV Notes: Notes and Appendixes,
Appendix C[2] for the checklists.)
[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-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.
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.
All 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.
Additionally, positive steps shall be exercised to prevent mud, silt,
dirt, debris and other materials from damaging adjacent property and
silting up all storm drainage systems whether on- or off-site. Erosion
and sediment control measures shall be designed at a minimum to accommodate
flows from a fifteen-year, twenty-minute storm. It is understood that
the Missouri Department of Natural Resources (DNR) approves a stormwater
pollution prevention plan (SWPPP). In this plan, certain areas are
designed to collect silt and other debris on-site. It shall not be
construed that the collection of silt and other debris in compliance
with the DNR-approved SWPPP be a violation of City ordinances. Upon
request, copies of the SWPPP shall be provided to the City.
3.
Graded and/or grubbed areas shall be seeded and mulched (strawed)
within fourteen (14) days of stopping land disturbance activities.
Unless it can be shown to the City Engineer and/or his/her designee
that weather conditions are not favorable, vegetative growth is to
be established within six (6) weeks of stopping grading work on the
project. 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].
4.
The property owner, his/her agent or applicant shall inspect
all erosion control and correct any deficiencies within forty-eight
(48) hours of the end of any storm producing more than one-quarter
(1/4) inch of rain at the project site.
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 (Missouri Department of Natural Resources-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-ways or stormwater drainage facilities shall be cleaned up within twenty-four (24) hours after the end of the storm. Any condition caused or permitted to exist in violation of any of the provisions of this Section is a threat to public health, safety and welfare and is declared and deemed a nuisance. The administration of violations and nuisances shall follow the City's ordinances related thereto and specifically Chapters 100 (General Provisions) and 220 (Nuisances).
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:
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]
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.
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.
(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.
(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.
(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.
(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.
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.
[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.
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.
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.
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.
