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§ 151.129  SEQUENTIAL APPROVAL OF SUBDIVISION SEGMENTS WITHOUT GUARANTEE.
   (A)   Where a subdivision is to be developed in several sections, the City Council may, at its discretion, waive the use of a guarantee on the initial sections; provided that, the sections may not be larger than 25 lots or 50% of the total number of lots in the subdivision, whichever is less. The City Council shall grant final plat approval for each succeeding section being contingent upon completion of all contracted improvements in each preceding section, and acceptance of those improvements in accordance with this section.
   (B)   Completion of improvements in the final plat section of the subdivision, which shall include at least 25 lots or 50% of the total number of lots in the subdivision, whichever is less, must be guaranteed through the use of one of the other methods detailed under this section of this regulation.
(Prior Code, § 11.5)
§ 151.130  SPECIAL ASSESSMENT.
   The city may, at its discretion, enter into an agreement with the subdivider to pay the cost of the required improvements through the use of a special assessment. The city shall make the arrangements for actual construction and interim financing as it deems appropriate; provided that, construction of improvements in any section of the subdivision shall be completed in a time period not longer than would be allowed if another form of improvement guarantee were used. In this instance, the subdivider would not be required to provide a surety performance bond or establish an escrow account as provided for in §§ 151.127 and 151.128.
(Prior Code, § 11.6)
§ 151.131  TIME LIMITS.
   Prior to the granting of final plat approval, the subdivider and the City Council shall agree upon a deadline for the completion of all required improvements, the deadline not to exceed two years from the date of final plat approval. The City Council shall have the power to extend the deadline for one additional year where the subdivider can present substantial reason for doing so.
(Prior Code, § 11.7)
§ 151.132  FAILURE TO COMPLETE IMPROVEMENTS.
   (A)   If any portion of the required improvements shall fail to be accepted for dedication in compliance with this regulation within the allocated time period, either for reason of incompletion or for reason of substandard construction, then the City Council shall take one of the following actions:
      (1)   Where improvements have been guaranteed under this regulation, preliminary plat approval shall be revoked; or
      (2)   Where improvements have been guaranteed under this section of this regulation, the City Council shall declare whatever security has been pledged as a guarantee to be forfeited.
   (B)   Where the City Council is not already in possession of the guarantee, it shall immediately take the actions necessary to obtain it. Upon receipt of these securities, the City Council shall use them, or receipts from their sale if that be necessary, to finance the completion of contracted improvements or the rebuilding of the improvements to the proper specifications. Unused portions of these securities shall be returned to the subdivider, bonding company or crediting institution, as is appropriate.
(Prior Code, § 11.8)
§ 151.133  REDUCTION OF GUARANTEES.
   In those cases where improvement guarantees have been made under this section of this regulation, the amount of the guarantee may be reduced upon acceptance in compliance with this section of the dedication of a portion of the required improvements.
(Prior Code, § 11.9)
§ 151.134  RELEASE OF GUARANTEE.
   If, after final approval and prior to the expiration of one year after the date of final approval, or the longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the contract documents, any work is found to be defective, the subdivider will promptly, without cost to the city and in accordance with the city’s written instructions, either correct the defective work, or if any work has been rejected by the city, remove it from the site and replace it with nondefective work. It shall be the duty of the subdivider to notify the City Council in writing within 30 days prior to the expiration of the one-year period to make the final inspection of the work. Unless the subdivider shall furnish the notices, the obligation to maintain the work shall continue in force until the notices have been furnished, the work inspected and any required corrections made.
(Prior Code, § 11.10)
VARIANCES
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