[Ord. No. 4190, 2-1-2021]
A.
It shall be the responsibility of the developer to have an engineer
registered in the State of Missouri prepare a complete set of engineering
plans in accordance with all applicable City Codes for the construction
of all required improvements. Such plans shall be in conformance with
the approved preliminary plat and/or site plan.
[Ord. No. 4190, 2-1-2021]
A.
Developers are responsible (both physically and financially) for
the installation of the following subdivision improvements in accordance
with the standards of this Code in addition to any Federal, State
or local standards:
[Ord. No. 4190, 2-1-2021]
A.
Inspections.
1.
The Public Works Director shall inspect each category of improvement
or utility work within twenty (20) business days after a request for
such inspection has been filed with the Public Works Director by the
developer, and no inspection shall be required until such request
is received by the Public Works Director. For purposes of this Article,
an inspection request shall constitute and occur only on a completed
written request on a form that shall include:
2.
Nothing herein shall preclude the Public Works Director from
completing additional inspections at his/her discretion or as a courtesy
to the developer.
B.
Inspection Fees.
1.
The inspection fees listed in Table 430.570.B, Inspection
Fees, are required for all projects subject to this Article
and shall be paid in full prior to the recording of the subdivision
plat, the issuance of any permits, and the performance of any inspections:
|
Table 430.570.B
Inspection Fees
| |
|---|---|
|
Estimated Cost of Improvements
|
Inspection Fees
|
|
Less than $1,000,000
|
3% of the estimated cost of improvements
|
|
$1,000,000 to $4,000,000
|
$30,000, plus 2% of the estimated cost of improvements above
$1,000,000
|
|
$4,000,000 to $6,000,000
|
$90,000, plus 1% of the estimated cost of improvements above
$4,000,000
|
|
Greater than $6,000,000
|
Negotiable
|
[Ord. No. 4190, 2-1-2021]
A.
After the improvement plans have been approved and all inspection fees paid, but before the record plat is approved by the City for recording, the developer must complete or guarantee the completion of required improvements and guarantee maintenance of such improvements. Except as expressly provided in Subsection (B), the developer must either:
B.
No financial guarantee is required with the City for water, gas,
electric or sanitary sewers required by another political subdivision
of this State if such political subdivision confirms that its requirements
for assurance of completion are satisfied. This provision shall not
affect the intent or enforcement of any existing guarantee, escrow
or renewal, extension or replacement thereof.
C.
The Public Works Director may require any specific improvement to
be installed prior to approval of the record plat where failure to
install such improvement prior to further development could result
in damage to the site or surrounding properties.
[Ord. No. 4190, 2-1-2021]
A.
Required construction financial guarantees and maintenance financial guarantees may be in the form of cash, letter of credit or surety bond. A financial guarantee agreement in accordance with Section 430.610, Financial Guarantee Agreements, must be provided with each
financial guarantee.
B.
Cash Deposits.
1.
Interest on cash deposits will accrue to the City to offset
administrative and other costs of maintaining the cash deposits.
C.
Letters Of Credit.
1.
Letters of credit must be in the form of an irrevocable letter
of credit drawn on a local financial institution, in a form approved
by the City Attorney.
2.
The instrument may not be drawn on any financial institution
with whom the developer or a related entity has any ownership interest
or with whom there is any joint financial connection that creates
any actual or potential lack of independence between the institution
and the developer.
3.
A letter of credit must provide that the issuing institution
will pay on demand to the City such amounts as the City may require
to fulfill the developer's improvement and maintenance obligations
and may be reduced from time to time in writing upon direction of
the Community Development Director.
4.
A letter of credit must be irrevocable for least one (1) year,
provide for automatic renewal and no termination without notice to
the City.
D.
Surety Bond.
1.
Surety bonds must be issued by one of the top three (3) rated
surety bond carriers (as rated by A.M. Best and Company), in a form
approved by the City Attorney.
2.
Surety bonds must be payable at a local financial institution,
with a final expiration date of not less than six (6) months after
the initial period allowed for completion of the required improvements.
3.
Surety bonds must be drawn in favor of the City and guarantee
to the City the unlimited availability, from time to time upon demand,
of the balance under the financial guarantee agreement to guarantee
the improvement and maintenance obligations of the developer.
[Ord. No. 4190, 2-1-2021]
A.
The amount of a required construction financial guarantee must be
at least equal to one hundred ten percent (110%) of the City's estimate
of the cost of the construction, completion and installation of required
improvements.
B.
The amount of a required maintenance financial guarantee must be
at least equal to ten percent (10%) of the City's estimate of the
cost of the construction, completion and installation of required
improvements.
C.
If improvements are required to be installed before recording of
the record plat, the construction financial guarantee amount must
be reduced by the estimated cost of already installed improvements.
[Ord. No. 4190, 2-1-2021]
A.
Separate financial guarantee agreements must be provided with each
construction and maintenance financial guarantee.
B.
The financial guarantee agreements shall be entered into with the
City, shall require the developer to agree to fulfill the obligations
imposed by this Article and shall have such other terms as the City
Attorney may require consistent with this Article.
C.
The financial guarantee agreements shall be approved by the Board
of Aldermen by ordinance. At the discretion of the Public Works Director
or the Community Development Director, permits may be issued prior
to ordinance approval upon receipt of a signed financial guarantee
agreement, financial guarantee, and inspection fees.
[Ord. No. 4190, 2-1-2021]
A.
Acceptance of formal offers of dedication of streets, public areas,
easements and parks shall be by ordinance of the Board of Aldermen.
The approval of a subdivision plat shall not be deemed to constitute
or imply the acceptance by the City of any streets, public areas,
easements or parks shown on said plat.
[Ord. No. 4190, 2-1-2021]
A.
Authority.
1.
The Public Works Director or the Community Development Director
may authorize release or reduction of required construction financial
guarantees. Such releases or reductions may be authorized only upon
completion, inspection and approval of required improvements by the
Public Works Director.
B.
Extension Of Completion Period.
1.
If, at the end of the improvement completion period, all the
improvements shown on the approved improvement plans have not been
completed, the developer may request and the Public Works Director
or the Community Development Director may grant an extension to the
improvement completion period for a period of up to two (2) years.
2.
In order to grant the extension, the Public Works Director or
the Community Development Director must determine that the extension
is necessary to facilitate adequate and coordinated provision of transportation,
sanitary sewer, playgrounds, or other improvements, facilities or
requirements.
3.
In the event of an extension, financial guarantees must be extended
and approved by the Public Works Director or the Community Development
Director.
4.
The City may require as a condition of the extension, execution
of a new agreement, recalculation of financial guarantee amounts,
or satisfaction of new development ordinance requirements or other
reasonable conditions.
C.
Financial Guarantee Release Procedure.
1.
After completion of any component of the required improvements,
the City shall release the original construction financial guarantee
in accordance with Section 89.410, RSMo., as amended.
2.
The City is authorized to establish the improvement categories,
which may consist of improvement components or line items to be utilized
for calculation of financial guarantee amounts, but such categories,
components, and line items in no way modify or reduce the developer's
guarantee as to all required improvements, irrespective of any release
or completion of any category, or underlying component or line item.
3.
All improvements in a category may be deemed complete only when:
a.
Each and every component and line item within a category for
the entire subdivision has been constructed and completed as required;
b.
The developer has notified the City in writing of the completion
of all components of the category, provided all necessary or requested
documentation, and requests an inspection;
c.
The developer is not in default or in breach of any obligation
to the City under this Article, including, but not limited to, the
City's demand for maintenance or for deposit of additional sums for
the subdivision; and
d.
The inspection has been completed and the results of the inspection
have been approved in writing by the Public Works Director.
D.
Effect Of Release.
1.
After release of the construction financial guarantee, the developer
will continue to be responsible for defects, deficiencies and damage
to public streets and other required improvements during development
of the subdivision.
2.
Inspection and approval of any or all required improvements
does not constitute acceptance of the improvement by the City as a
public improvement for which the City bears any responsibility.
[Ord. No. 4190, 2-1-2021]
A.
Scope.
[Ord. No. 4342, 2-22-2022]
1.
Upon commencement of installation of the improvements within
the subject subdivision, the developer is responsible for maintenance
of those improvements, including those on undeveloped lots and landscaping
in common areas. This maintenance shall include:
a.
Repair or replacement of all defects, deficiencies and damage
to improvements that may exist or arise;
b.
Abatement of nuisances caused by improvements;
c.
Removal of mud and debris from construction sites and streets;
d.
Erosion control;
e.
Grass cutting and replacement of dead and damaged landscaping;
and
f.
Removal of construction debris from building lots and common/open
space tracts.
g.
Snow removal on sidewalks, where necessary.
2.
If there are any residences having received certificates of occupancy
on a street not yet, but intended to be, dedicated to the City, the
City will provide snow removal to the residences. The developer shall
be responsible for repairing any damage resulting from snow removal
prior to acceptance of the streets. The developer may, by written
notification to the City, decline City snow removal provided the developer
maintains access for emergency response vehicles.
B.
Duration.
[Ord. No. 4342, 2-22-2022]
1.
Maintenance guarantees must remain in place until occupancy
permits have been issued on eighty percent (80%) of the buildable
lots in the subdivision or plat.
2.
The maintenance obligation for improvements to existing public
streets or other existing public infrastructure already maintained
by a governmental entity terminate after the date that such improvements
have been accepted.
C.
Amount And Use.
1.
Maintenance financial guarantees will be retained by the City
to guarantee maintenance of required improvements.
2.
Maintenance financial guarantees may be used, by order of the
Public Works Director or Community Development Director, to defray
or reimburse any costs to the City of maintenance or repair of improvements
related to the subdivision that the developer fails or refuses to
perform. Such costs include off-site damage caused by deficiencies
in the improvements or failure of maintenance.
3.
Except in emergency circumstances or where action is otherwise
required before written notice can be provided, the Public Works or
Community Development Director must provide the developer with a written
demand and opportunity to perform the maintenance before having such
maintenance performed by the City.
4.
The Public Works Director and Community Development Director
have authority to require the maintenance financial guarantee to be
replaced or replenished by the developer in any form permitted for
an original financial guarantee where the amount remaining is determined
to be insufficient or where the maintenance financial guarantee was
drawn upon by the City for maintenance.
5.
In determining the amount of maintenance financial guarantee
to be held, portions of the financial guarantee amount that were attributable
to improvement that have been accepted by any third-party governmental
entity or utility legally responsible for the maintenance of the improvement
may be released upon such acceptance of the improvement by the entity.
The Public Works or Community Development Director may approve such
further releases if they determine, after inspection of the improvements,
that the total maintenance amount retained exceeds the amount necessary
for completion of the maintenance obligation, after all reasonable
contingencies are considered.
D.
Final Maintenance Financial Guarantee Release.
1.
Upon expiration of the developer's maintenance obligations,
the Public Works Director must perform a final inspection of the required
improvements. Funds must then be released if there are no defects
or deficiencies found and all other obligations are shown to be satisfied
during the inspection, or at such time as any defects or deficiencies
are cured with the permission of, and within the time allowed by,
the Public Works Director. This release does not constitute indemnification
or release of any person from any civil liability that may exist for
defects or damages caused by any construction, improvement or development
for which any financial guarantees have been released.
[Ord. No. 4190, 2-1-2021]
A.
The obligation of the developer to construct, complete, install and
maintain improvements shown on the approved engineering plans and
provide continuing street maintenance does not cease until the developer
is officially released from such obligations by the City.
B.
No financial guarantees, agreements or obligations may be assigned
by the developer without the express written approval of the City,
in a form approved by the City Attorney.
C.
If, after the improvement completion period and any extensions granted,
the improvements indicated on the approved engineering plans are not
constructed, completed, installed, accepted and maintained as required,
or if the developer violates any provision of the financial guarantee
agreement, the Public Works Director or Community Development Director
may notify the developer to show cause, within ten (10) days, why
the developer should not be declared in default.
D.
Unless good cause is determined to exist by the Public Works Director
or Community Development Director, no building or other permit may
be issued to the developer in the subdivision during any period in
which the developer is in violation of the financial guarantee agreement
or City Code relating to the subdivision.
E.
If the developer fails to cure any default or present compelling
reason why no default should be declared, the Public Works Director
or Community Development Director must declare the developer in default
and take any one (1) or more of the following actions:
1.
Deem the balance under the financial guarantee agreement forfeited
to the City, in which case the funds will be placed in an appropriate
account subject to the order of the Public Works Director or the Community
Development Director for the purpose of letting contracts to bring
about the completion or maintenance of the improvements indicated
on the approved engineering plans or other appropriate purposes in
the interest of the public safety, health and welfare;
2.
Require the developer or surety to pay to the City the balance
of the surety; or
3.
Require the developer to submit an additional cash sum sufficient
to guarantee the completion or maintenance of the improvements indicated
on the approved engineering plans after recalculation in order to
allow for any inflated or increased costs of constructing or maintaining
the improvements.
F.
The failure of a developer to complete the improvement obligations
within the time provided by the agreement (or any extension granted
by the City), and including the payment of funds to the City due to
such failure or an expiration of a letter of credit, will be deemed
an automatic act of default entitling the City to all available remedies
without further or prior notice.
G.
It is the developer's sole responsibility to request an extension
of any financial guarantee agreement if the improvements are not completed
in the original time period provided by the financial guarantee agreement.
No right to extension exists or should be assumed.
[Ord. No. 4190, 2-1-2021]
A.
Applicability.
1.
The other remedies provided in this Section may be used if:
a.
The developer or surety fails to comply with the Public Works
Director's or Community Development Director's requirements for payment;
or
b.
The developer fails to complete the improvements as required;
or
c.
The developer otherwise violates the financial guarantee agreement
provisions; or
d.
There is a risk that development will continue in the subdivision
without the timely completion of improvements or compliance with financial
guarantee agreement provisions.
B.
Available Remedies.
1.
The following other remedies are authorized:
a.
The Public Works Director or Community Development Director
may suspend the right of anyone to build or construct on the undeveloped
portion of the subdivision.
(1)
For the purpose of this provision, the "undeveloped
portion of the subdivision" means all lots other than lots that have
been sold for personal use and occupancy or are under bona fide contract
for sale to any person for personal use or occupancy.
(2)
The Public Works Director or Community Development
Director must give the developer at least ten (10) days' written notice
of an order under this Subsection, with copies to all sureties who
have outstanding obligations for any undeveloped portion of the subdivision.
(3)
If, within the ten-day period after notice is given,
the Public Works Director or Community Development Director determines
that completion of the improvements and maintenance of streets has
not been adequately assured, they may order construction suspended
on the undeveloped portion of the subdivision.
(4)
The order must be served on the developer, with
a copy to the issuer of the surety, and a copy recorded with the County
Recorder of Deeds. Public notice of the order must be conspicuously
and prominently posted by the Public Works Director or Community Development
Director at the subdivisions or lots subject to the order. No City
official may authorize construction to take place contrary to the
order.
(5)
The suspension may be rescinded in whole or in
part only when the Public Works Director or Community Development
Director is convinced that completion of the improvements is adequately
assured in all or an appropriate part of the subdivision and a guarantee
of public street maintenance provided.
b.
The Public Works Director or Community Development Director
may suspend the rights of the developer, or any related entity, to
construct structures in any development platted after the effective
date of the suspension throughout the City's jurisdiction.
(1)
The Public Works Director or Community Development
Director must give the developer at least ten (10) days' written notice
of an order under this Subsection, with a copy to sureties known to
have obligations outstanding on behalf of the developer or related
entities.
(2)
The Public Works Director or Community Development
Director must record an affidavit of the notice with the County Recorder
of Deeds.
(3)
If, within the ten-day period after notice is given,
the Public Works Director or Community Development Director determines
that completion of the improvements and maintenance of streets has
not been adequately assured, they may order construction suspended.
(4)
The order must be served upon the developer, with
a copy to the surety, and a copy recorded with the County Recorder
of Deeds. No City official may authorize construction to take place
contrary to the order.
(5)
The suspension may be rescinded in whole or in
part only when the Public Works Director or Community Development
Director is convinced that completion of the improvements is adequately
assured in all or an appropriate part of the subdivision and a guarantee
of public street maintenance provided.
