1.  Drawings. Except as otherwise required herein, the improvement plans shall be drawn at any scale from one inch equals 20 feet to one inch equals 100 feet, in any increments of 10 feet, on one or more sheets not greater than 24 inches by 36 inches in size, which shall include a North arrow, scale, date, and revision date block on each sheet. The improvement plans shall contain the following information:

a.  Title page and index. The title page shall include the proposed name of the subdivision and show the name, address, and telephone number of the developer and the engineering/landscape design firm(s) who prepared the plans. If the set of improvement plans contain more than five sheets, not including the title sheet, then an index sheet shall also be provided.
b.  Key map. If the subdivision is to be built in phases, provide a key map of the tract, showing the general layout of the entire subdivision with the applicable phase highlighted.
c.  Street and utility plans.

(1)  Plans and profiles. Plans and profiles for streets, sanitary sewers, and storm sewers shall be drawn at a scale of one inch equals 50 feet horizontal and one inch equals 10 feet vertical, or as otherwise approved by the Director of Public Services.
(2)  Streets and sidewalks. Typical street cross sections shall be shown with complete dimensions and construction information. Street profiles shall be provided, showing existing and proposed elevations at fifty-foot intervals on the center line and at points along the proposed street right-of-way, as measured along a line drawn perpendicular to the center-line stations.
(3)  Sanitary sewers. Sanitary sewer plans shall show the alignment of all sewer mains, manhole locations, and proposed easement locations and dimensions. Specific drawing information shall be in accordance with the requirements of the MSD.
(4)  Water distribution. Water distribution plans shall show the alignment of all water mains, location of valves and fire hydrants, and proposed easement locations and dimensions. Specific drawing information shall be in accordance with the requirements of the Missouri American Water Company and specifications established by the City Fire Marshal.
(5)  Storm drainage plans. See Subsection A1d of this section below.
(6)  Lighting plans. Show the location of proposed streetlights and indicate the type of light standards, fixtures, and the rated output (lumens) of the light sources.
(7)  Other utility plans. Show proposed locations of any other utilities, including easements. Drawing information requirements for other utilities (e.g., electric, gas, telephone, cable television, etc.) shall be in accordance with the requirements of the applicable utility company.

d.  Grading, storm drainage, and erosion control plans. A grading plan and stormwater pollution prevention plan shall be submitted in accordance with the requirements of Chapter 7, Article III, Grading and Excavating.
e.  Landscape plans. A landscape plan for street trees shall be submitted in accordance with the requirements of Article V (Site and Landscape Design Standards), § 26-21 (Landscape design standards), of this chapter.

2.  Supplemental information requirements. The following supplemental information shall/may be required:

a.  Cost estimates. Provide cost estimates for all site preparation and construction of improvements, in sufficient detail for verification and approval by the Director of Public Services. Identify any reference sources of costs used in preparing the cost estimates, or the source of the cost estimate (e.g., if prepared by a utility company to be contracted to install certain improvements).
b.  Evidence of review by others. Provide written statements from (or correspondence from the developer to) the following agencies indicating that the improvement plans for the subdivision plat have been submitted for determination of compliance with their respective rules and standards:

(1)  Metropolitan St. Louis Sewer District;
(2)  Missouri Department of Transportation, if access to the development is to be from a state highway;
(3)  St. Louis County Department of Transportation, if access to the development is to be from a county arterial road;
(4)  Missouri Department of Natural Resources [See Subsection A1d above.];
(5)  U.S. Army Corps of Engineers; and
(6)  Other agencies having review authority over any element of the proposed development.

1.  Submission by applicant. After Board of Aldermen approval of the preliminary plat, the applicant shall submit to the Director of Public Services improvement plans and other information required by § 26-41 (Subdivision review and approval process), Subsection E (Preliminary plat: submittal requirements), to the Director of Public Services. It shall be the applicant's responsibility to provide copies of improvement plans to the other applicable reviewing agencies or utilities.
2.  Staff review. As soon as practical after receipt of the improvement plans, the Director of Public Services shall distribute copies of the applicable documents to the Fire Marshal and other City staff, as appropriate. The Director of Public Services, with the input of other City staff, shall review the improvement plans and shall:

a.  Determine compliance with the approved preliminary plat and compliance with the requirements of this article and other applicable City regulations; and
b.  Verify accuracy of information provided, including cost estimates.

3.  Evidence of approval by other agencies or utilities. The applicant shall provide evidence to the Director of Public Services of the approval, or agreement to install improvements, from all applicable reviewing agencies/utility companies, including payment of any required inspection fees.
4.  Approval. Upon determination by the Director of Public Services that the improvement plans satisfy the requirements with this article, then such improvement plans shall be stamped as approved and dated.

1.  After the improvement plans have been approved and all inspection fees paid, but before approval of the final subdivision plat, the developer shall guarantee the completion of all required improvements in accordance with the regulations of this article. The developer shall either deposit cash or an irrevocable letter of credit under a deposit agreement with the City to guarantee the construction, installation and completion of the required improvements within the completion period approved by the Director of Public Services, which shall not exceed two years, except as such period may be extended as hereinabove provided.
2.  No guarantee or deposit shall be given to the City for sanitary and storm sewer improvements if the MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any guarantee, escrow, or renewal, extension or replacement thereof for plats approved prior to the effective date of this article.

1.  Deposit agreement. Deposit agreements shall provide that there shall be deposited with the City:

a.  A cash amount not less than the estimate of the cost of the construction, completion and installation of the improvements indicated on approved improvement plans and approved by the Director of Public Services; or
b.  A sight draft irrevocable letter of credit which may be renewable, issued under the Uniform Customs and Practice for Documentary Credits (1983 Revision), International Chamber of Commerce Brochure No. 400, as amended, payable at a local financial institution, in an amount not less than the approved estimate of the cost of the construction completion and installation of the improvements indicated on the approved improvement plans, with final expiration date of not less than six months after the initial period allowed for completion of required improvements, drawn in favor of the City and guaranteeing to the City the availability, from time to time upon demand, of the balance under the deposit agreement and letter of credit not theretofore released.

2.  Preapproval of financial institution. No financial institution shall be eligible to provide a letter of credit unless approved in advance by the Director of Public Services and the City Attorney on such terms and criteria as may be established by the City.

1.  Release/reduction. The Director of Public Services shall partially release the cash deposit or reduce the letter of credit obligation for a category of improvement within 30 days of completion of such category of improvement, minus a retention of 5%. A category of improvement shall be deemed to be completed upon issuance of written approval from the appropriate inspecting public authority and determination by the Director of Public Services that such category of improvement has been completed in accordance with the applicable standards of this article.
2.  Release of balance. The developer shall be responsible for any defects, deficiencies and damage to required improvements during the development of the subdivision. The remaining funds or the balance of the letter of credit shall be held until such time as the subdivision has been completed, in accordance with the standards of this article and the submittal of as-built drawings of the improvements, as required in Subsection D of this section. If defects or deficiencies are found on inspection, same shall be corrected by the developer prior to the release of the remaining funds or the letter of credit.

1.  The obligation of the developer to construct, complete and install the required improvements shall not cease until the developer shall be finally released. If, after the improvement completion period, the required improvements are not constructed, completed, or installed, or if the developer shall violate any provision of the deposit agreement as determined by the Director of Public Services, the Director of Public Services shall request the developer or letter of credit provider to show cause, within not less than 10 days, why the City should not declare the developer in default. If the developer or surety or letter of credit provider fails to cure any default or present compelling reason why no default should be declared, the Director of Public Services shall declare the developer in default and may take any one or more of the following actions:

a.  Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be used to bring about the completion of the required improvements or other appropriate purposes in the interest of the public safety, health, and welfare; or
b.  Require the developer to submit an additional cash sum or letter of credit sufficient to guarantee the completion of the required improvements after recalculation in order to allow for any inflated or increased costs of constructing improvements.

2.  Suspension of right to build.

a.  If the Director of Public Services determines that forfeiture of the remaining deposit under Subsection H1a of this section, above, will not allow completion of the required improvements and if the developer fails to comply with the Director of Public Services' requirements under Subsection H1b of this section, above, the Director of Public Services may suspend the right of anyone to build or construct on the undeveloped portion of the subdivision. For the purpose of this subsection, the undeveloped portion of the subdivision means all lots other than lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The Director of Public Services shall give the developer 10 calendar days' written notice of an order under this subsection, with copies to all issuers of letters of credit who have outstanding obligations for any undeveloped portion of the subdivision, and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the Director of Public Services has not determined by compelling evidence that completion of the improvements is adequately assured, the Director of Public Services shall order construction suspended on the undeveloped portion of the subdivision. The order shall be served upon the developer, with a copy to the issuer of the letter of credit, and a copy recorded with the Recorder of Deeds. Public notice of such order shall be conspicuously and prominently posted by the Director of Public Services at the subdivisions or lots subject to such order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the Director of Public Services:

(1)  If such notice is for a subdivision:
 

(2)  If such notice is for a lot:
 

b.  The suspension shall be rescinded in whole or in part only when the Director of Public Services has determined that completion of the improvements is adequately assured in all or an appropriate part of the subdivision.

I.  Maintenance of common areas and facilities: trust indentures.

1.  In any case where the establishment of common land (including pedestrian walkways and cul-de-sac islands), streetlighting, drainage facilities (such as detention basins, drainage pipe, and ditches) or any other improvement requiring continuing maintenance, a trust indenture providing for such maintenance shall be recorded simultaneously with the final plat.
2.  The trust indenture shall provide that the common land be used for the benefit, use, and enjoyment of the lot owners, present and future; for the proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable sections of this article; and that no owner shall have the right to convey such owner's interest in the common land except as an incident of ownership of a platted lot.
3.  Common land shall be conveyed by the owner in fee simple absolute title by warranty deed to the subdivision association or trustees.
4.  For single lot developments (e.g., commercial developments), the Director of Public Services may accept script certifying the means of maintenance, placed on the plat or separate instrument to be recorded simultaneously with the plat.
5.  Any trust indenture required to be recorded, or recorded for the purpose of compliance with the provisions of this article, shall provide for not less than the following representation of purchasers of developed lots as trustees:

a.  One-third of the trustees or officers shall be chosen by purchasers of developed lots after 50% of the lots have been sold;
b.  Two-thirds of the trustees shall be chosen by purchasers of developed lots after 95% of the lots have been sold;
c.  All of the association trustees shall be chosen by purchasers of developed lots after all of the lots have been sold.

6.  The term of the indentures for all types of subdivisions, including planned districts, shall be for the duration of the subdivision. In the event that the subdivision is vacated, fee simple title shall vest in the then lot or unit owners as tenants in common. The rights of the tenants in common shall only be exercisable appurtenant to and in conjunction with their lot ownership. Any conveyance or change of ownership of any lot shall convey with it ownership in the common land, and no interest in the common land shall be conveyed by a lot owner except in conjunction with the sale of a lot. The sale of any lot or unit shall carry with it all the incidents of ownership of the common land although such may not be expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.
7.  Each trust indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri, setting forth the attorney's legal opinion as to the legal form and effect of the trust indenture and deed. The deed and trust indenture shall be approved by the City Attorney prior to being filed with the County Recorder of Deeds simultaneously with the recording of the final plat.

1.  Required. So long as there is a street not accepted by the City for maintenance within any subdivision, no person shall sell, or offer to sell, or advertise for sale, any dwelling unit or nonresidential property without disclosing to each prospective purchaser such purchaser's responsibility with respect to subdivision streets in the manner required by this section. For purposes of this section, "prospective purchaser" includes any person making inquiry of any responsible party with respect to purchase of a lot or dwelling unit.
2.  Form of disclosure.

a.  Disclosure shall be made to each prospective purchaser in substantially the following form:
 

b.  Modification of the above language may be made only as necessary to plainly and accurately portray the current and future status of subdivision streets. Any reference in such disclosure to a board of trustees or similar persons shall reference the trust indenture which discloses the manner of selection of trustees and the manner in which any costs borne by such persons will be defrayed.

3.  Responsible parties. The requirements of this section shall be complied with by any developer, development corporation, lender, title company, real estate broker, corporation, agent, manager or management corporation, and each agent or employee of the foregoing to the extent of involvement in marketing of property for sale.
4.  Specific requirements. It shall be the responsibility of each responsible party to accomplish the disclosure required by this section. Without limiting the generality of this obligation, the disclosure, in any event:

a.  Shall be prominently posted in the sales office;
b.  Shall be contained in a contract for the sale of a lot or dwelling unit, and if not printed in red lettering or similar highlighting, shall be specifically pointed out to a prospective purchaser prior to execution of any such contract;
c.  Shall be printed in readily legible typeface on any map or plat used for marketing purposes.

5.  Exceptions. The disclosure required by this section need not be made:

a.  In advertising by signage, radio, television, newspaper, or multiple listing service;
b.  By a person presently owning and who has never owned within the subdivision or development more than the single unit which is offered for sale.

6.  Preapproval of modified disclosure.

a.  Any proposed modification of the language of the required disclosure shall be submitted to the City Attorney for approval, prior to use.
b.  The City Attorney shall approve any modification which is factually accurate and serves to inform a prospective purchaser at least as well as the language set forth above.