(A) Subsequent to completion and prior to final acceptance, the subdivider/developer shall furnish the Planning Commission with a statement, signed and sealed by a professional engineer, licensed in the state, stating that all improvements have been done per city standards. The subdivider/developer shall also post a maintenance bond or irrevocable letter of credit with the City Clerk in a form approved by the City Attorney, prior to final acceptance.
(B) The bond shall be in an amount determined by the City Engineer to be sufficient to guarantee the satisfactory condition of the required improvements for a period of three years.
(C) If, at any time during the guarantee period, the improvements are found to be defective, they shall be repaired or replaced at the subdivider’s expense.
(D) The subdivider’s/developer’s maintenance bond or irrevocable letter of credit will only be released upon final inspection of any repairs deemed necessary by the City Engineer.
(E) It shall be the subdivider’s/developer’s responsibility to request a final inspection 60 days and not later than 30 days before the end of the guarantee period. Maintenance bond or irrevocable letter of credit expirations terms shall specifically state that assurances will be in effect until officially released by the City Engineer in writing.
(F) (1) Any acts of maintenance on street improvements by the city shall not be construed as acceptance by the city.
(2) ACTS OF MAINTENANCE include, but are not limited to, the following:
(a) Snow removal;
(b) Payment of energy charges on street lights; and
(c) Installation and repair of street signs.
(G) (1) Should the developer choose to purchase materials using the city tax exemption number, the professional engineer, required under this section, who certifies the improvements and the developer, shall certify that all materials purchased using the city tax exemption number were either for roadway and storm water systems incorporated into the right-of-way dedicated to the city or for sanitary sewer systems lines and manholes which will be maintained by the city.
(2) The developer shall also furnish the city with copies of all material delivery tickets for which the tax exemption number was used.
(1960 Code, § 41-5-8) (Ord. 7128, passed 4-28-2008)