a. Requirements. Upon the request of the developer or owner, and recommendation of acceptance by the Public Works Director or designee, the City shall accept for maintenance only those streets, roadways and residential stormwater management facilities constructed and developed in conformity with the applicable standards of the City’s Public Works Department and City-County Planning Commission.
b. Applicability. This Section shall apply to all platted lots fronting streets not yet accepted by the City for maintenance; provided however, it shall not apply to residential or commercial lots or developments fronting public streets in areas incorporated into the City after the effective date May 1, 2016 which have been constructed and approved according to the rules and regulations of the City-County Planning Commission.
c. Warranties and Inspections. All streets, roadways, stormwater management facilities, and similar infrastructure constructed for or accepted by the City for maintenance shall require the developer or contractor to warranty the work for a period as specified in the City-County Planning Commission Subdivision Regulations following the acceptance of the work by the City. The Public Works Director or designee shall have the right of entry to inspect, observe, test or perform any related activity to the operation, maintenance and function of all infrastructure that will be the maintenance responsibility of the City of Bowling Green when complete. Any deficiencies shall be reported to the developer or owner and the City shall not accept such infrastructure until the deficiencies are corrected. The Public Works Director or designee shall also have the right to inspect the work prior to the expiration of the warranty period and shall notify the developer or owner and contractor in writing of deficiencies in the work discovered during the warranty period and the developer or owner and contractor shall remedy those deficiencies within the time specified by the Public Works Director or designee, even if the period necessary to correct the deficiencies occurs beyond the warranty period. If the deficiencies are not remedied in a timely manner and to the satisfaction of the Public Works Director or designee, the Public Works Director or designee may cause the deficiencies to be corrected and pursue all appropriate causes of action against the developer or owner and contractor to recover the City’s costs. In addition, failure of the developer, owner or contractor to remedy the deficiencies timely and to the City’s satisfaction may result in the removal of the responsible party from future bidding on City projects and may result in the refusal of the City to inspect or approve other streets, roadways, stormwater management facilities, and similar infrastructure for acceptance by the City constructed by the responsible party for a time period within the sole discretion of the City.