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Separate performance guarantees are required for sediment and erosion control improvements and for subdivision improvements. The performance guarantee may be posted in one of three different manners:
Certified Check (for performance guarantee amounts of $5,000.00 or less)
Standby Letter of Credit
Escrow or Lender’s Agreement
Performance guarantee amounts must be established by the consulting engineer or developer/owner and approved by the Development Review Director. If an engineer's cost estimate is used to establish the guarantee amount, it must comply with reasonable standards and prices for the costs of construction as approved by the Development Review Director. Guarantees for sediment & erosion control will be established and released in accordance with Section 412.080 in the Unified
Development Ordinance. Guarantees for subdivision improvements will be established and released in accordance with Section 410.180 in the Unified Development Ordinance.
The Sediment & Erosion Control Performance Guarantee amount may be established using the formulas in section 412.080, B in the Unified Development Ordinance and/or it must cover costs for any measures (structural or otherwise) used to control sediment run off or prevent erosion due to land disturbance from the improvement of the site. If itemizing the costs is desired or required, the estimate must include, but is not limited to, the following costs:
Sediment Controls (straw bales, siltation fences, diversion swales/berms, etc.)
Sediment Traps/Basins
Construction Entrance
Stream Bank Protection
Temporary Drainage Systems
Revegetation (seed, mulch, fertilizer, sod, etc.)
Non-vegetative Soil Stabilization (commercial erosion control blankets, rip-rap, retaining walls, etc.)
Permanent infrastructure needed during interim grading
Permanent storm water detention facilities (commercial/industrial site plans only)
An itemized cost estimate is required to establish the Subdivision Improvements Performance Guarantee amount. This amount must cover the costs for all public improvements maintained by the County and storm water detention facilities. The cost estimate must include, but is not limited to, the following costs:
Earthwork (grading, clearing, demolition, etc.)
Street and miscellaneous pavement
Sidewalks (adjacent to common ground & handicap ramps)
Retaining walls, if part of road embankment
Storm sewer systems, bridges, and culverts
Channel Improvements
Storm water detention facilities
Street signs, guard rail, and other ancillary items
Certified Checks:
Certified checks, made payable to St. Charles County, may be submitted as performance guarantees only when the performance guarantee amount is $5,000.00 or less.
Standby Letters of Credit:
This document may be prepared on forms approved by the financial institution on which it is drawn, but it must provide for:
1. Drafts to be drawn at offices in St. Charles County, St. Louis County, or the City of St. Louis, and
2. Automatic extension without amendment for additional one-year terms unless, at least 45 days prior
to the letter’s current expiration date, the financial institution issuing the letter gives written notice of
non-renewal to St. Charles County’s Department of Community Development by registered or
certified mail or by overnight courier.
Escrow or Lender’s Agreements:
One of two types of agreement forms may be used, Escrow or Lender's Agreements, hereafter referred to as "Agreement." Both forms consist of a three party agreement between the developer/owner, the lender or escrow holder (usually a bank or title company), and the county. The guarantee amount must be secured with lawful money of the United States using the Escrow Agreement or with a Deed of Trust using the Lender’s Agreement.
Three (3) original executed Agreement forms (photocopies are not acceptable) must be submitted to the Division of Development Review. Executed agreements for sediment & erosion control must be submitted prior to plan approval. Executed agreements for subdivision improvements are required prior to final subdivision plat approval and recording. A copy of the approved engineer's cost estimate should accompany the Agreement.
All blank spaces on the form must be properly filled-in with indelible ink or typewritten. Provide the name(s) of the developer/owner or their development organization, the escrow holder or lender, the name of the development as it will appear on the recorded plat or approved site plan, the plat number (if more than one exists or will exist), the land disturbance permit number, and the performance guarantee sum where requested on the first and second sheets. The performance guarantee sum should be obtained from the engineer's cost estimate as approved by the Development Review Director.
The dates of execution must be provided along with the developer's/owner’s signature and the signature of the escrow holder or lender. Those signing for a business entity must be officials empowered to sign for that business organization. The names of the officers signing the Agreement, their office title, and their business addresses must also be printed on the spaces provided.
Both the developer’s/owner’s signature and the escrow holder’s/lender’s signature must be legally notarized using the proper notary forms. Notary forms are available for individuals, partnerships, limited liability companies, corporations, and political subdivisions. The notary forms must be attached to the backs of the Agreements. If either party is signing for a corporation, then that party's signature must be signed by an officer empowered to use the corporate seal and the corporate seal should be imprinted below the signatures in the space provided. If either party is signing for a corporation and no corporate seal exists for that corporation, then all verbiage concerning the corporate seal should be removed from the notary form by placing a line through the verbiage. The "crossed-out" verbiage should be initialed by the notary public. Upon submittal to the Division of Development Review, all information requested in the Agreement will be reviewed and the remaining signatures required for execution will be provided by the County Engineer or the Development Review Director and the County Registrar. One original executed Agreement will be sent to the developer and one will be sent to the escrow holder or lender. Release of performance guarantee funds to the developer shall be directed by the recommendation of the County Engineer or the Development Review Director.
Erosion & Sediment Control Escrow Agreement form
Erosion & Sediment Control Lender’s Agreement form
Subdivision Improvement Escrow Agreement form
Subdivision Improvement Lender’s Agreement form
Notary sheets
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