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10-1-2: SITE IMPROVEMENT PERFORMANCE AGREEMENT AND SURETY 1 :
A. Procedures Previously Adopted: The City has previously adopted provisions which provide for procedures and standards for effective City review of all developments within the City, including all multi-residential developments and commercial and industrial buildings or expansions of such existing buildings, and planned unit developments.
B. Performance Agreement Required: Upon City Council approval of the site plan and prior to the issuance of building permits or initiation of work on the proposed improvement or development, the developer shall execute a performance agreement setting out all site improvement items and terms of completion of said items. The performance agreement and any surety required therein must be approved by the City Attorney as to form.
C. Surety Requirements:
1. If a conditional use permit and/or variance is granted or approved coincident with final site plan approval, the city shall be provided with a surety guaranteeing compliance with the conditions thereof relating to any required installations. (Ord. 1988-6)
2. Any such surety may be by cash escrow, irrevocable letter of credit or certified check as approved by the city council. The security shall be noncancellable and shall be in such amount as set by the city council after receiving a report by the city engineer or from city staff on the estimated cost of labor and materials for the proposed improvement and development. The city shall hold the security until completion of the proposed improvements and development and until a certificate of occupancy indicating compliance with the approval, conditional use permit or variance and ordinances of the city has been issued by the city administrator or building official. (Ord. 1988-6; amd. 2005 Code)
3. Any surety required by the performance agreement shall be noncancellable and shall guarantee conformance and compliance with the conditions of the site plan approval, the performance agreement and the ordinances of the city.
4. The city shall hold the surety for such period of time as set forth in the performance agreement. The surety may only be released by the city council. Periodically, the amount of the surety may be reduced by the city council. Reduction and release actions will only be initialed after proper request has been made by the developer.
5. Failure to comply with the conditions of the site plan approval, the performance agreement or the ordinances of the city shall result in forfeiture of the surety to the extent necessary to achieve the project's total compliance with the approved site plan.
D. Inspections During Development:
1. Site Improvements: Following the issuance of final site plan approval by the city council, the city engineer shall specify those site improvement items requiring inspections and approval by the city.
2. Compliance With Overall Plan:
a. Following final plan approval of a site plan or a stage thereof, the city administrator shall, periodically until the completion of the development, review all permits issued, and construction undertaken, and compare actual development with the approved site plan.
b. If the city administrator finds that the development is not proceeding in accordance with the approved plan, the administrator shall immediately notify the council. (Ord. 1988-6)
c. Within thirty (30) days of such notice, the council shall either revoke the site plan approval or shall take such steps as it shall deem necessary to compel compliance with the final site plan as approved; or shall require the applicant or landowner to seek an amendment of the final site plan. (Ord. 1988-6; amd. 2005 Code)
1. See also sections 11-9-4 and 11-9-5 of this Code.