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§ 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
§ 151.145  GRANTING OF VARIANCES; CONDITIONS.
   The City Council may grant variances from the provisions herein, but only after determining that:
   (A)   There are unique circumstances or conditions affecting the property;
   (B)   The variance is necessary for the reasonable and acceptable development of the property in question; and
   (C)   The granting of the variance will not be detrimental to the public welfare or injurious to the adjacent property.
(Prior Code, § 12.1)
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