A. Improvements Or Escrow Required Prior To Issuance Of Certificate Of Occupancy:
1. Prior to the issuance of a final certificate of occupancy for any newly constructed residential dwelling, the person or entity requesting the certificate of occupancy shall have complied with one of the following requirements:
a. Installed all improvements to the property upon which the dwelling is located as required by appendix A, subsections 1000.7B and 1200.4H of this code, the residential development standards as on file with the city administrator's office, all individual lot requirements contained in any applicable developer's agreement, and the requirements of title 9, chapter 6 of this code, and removed all silt fencing on the property; or
b. (1) Provides the city with a cash escrow in accordance with section 3-1-3 of this code; and
(2) Enters into an escrow agreement with the city to install the improvements required in subsection A1a of this section by a date certain as specified by the city engineer, which agreement provides the city with the authority to enter upon the property to install said improvements using the money placed in escrow in the event the improvements are not installed by the date determined by the city engineer; and
(3) Provides and maintains adequate erosion control measures as determined by the city engineer until such time as all improvements required of the property pursuant to subsection A1a of this section have been installed.
2. The city requires that the developer post a cash escrow to pay for the city costs of processing the developer's proposed plat and EAW, and permit the city to draw upon said escrow to pay for said processing expenses as stated in the escrow agreement.
B. As Built Plans: The building permit applicant shall provide the city with an as built survey to be reviewed by the city engineer, unless otherwise determined by the city that the city engineer, at a fee provided in subsection D of this section, shall perform the survey.
C. Refund Of Escrow: Upon application by the person or company which established the escrow, and within thirty (30) days of certification by the city that all required improvements have been satisfactorily installed and that any silt fence on the property has been removed, said escrow amount shall be refunded without interest to the person or company depositing such escrow with the city.
D. Fees Required:
1. All persons or entities requesting a certificate of occupancy pursuant to subsection A1b of this section shall pay the city a nonrefundable inspection review fee in accordance with section 3-1-3 of this code for the processing of the escrow and escrow agreement, for one review inspection, and for the cost of reviewing the as built survey by the city engineer.
2. If a second review inspection is required, the person or entity requesting the certificate of occupancy shall pay reinspection fees in accordance with section 3-1-3 of this code prior to the performance of the second review inspection.
3. If a revised as built or lot survey is required, the person or entity requesting the certificate of occupancy shall pay an engineering review fee in accordance with section 3-1-3 of this code prior to the performance of the engineering review.
4. Said inspection review fee, reinspection fees and resurvey fee as established in section 3-1-3 fo the Albertville City Code may be modified from time to time by ordinance amendment of the city council.
5. Fees to be escrowed are fees for sod, trees and administration of escrow.
6. Compliance fees and reinspection fees are due with the permit.
E. Application Of Provisions: This section shall apply to all residential dwelling units within the city which have not received a final certificate of occupancy at the effective date hereof. (Ord. 2004-08; amd. Ord. 2009-011, 4-6- 2009; Ord. 2017-01, 1-3-2017; Ord. 2019-13, 12-16-2019)