(A) If an applicant elects to post an improvement completion assurance, the applicant shall provide the city’s required completion assurance for:
(1) Completion of 100% of the required landscaping or infrastructure improvements; or
(2) If the city has inspected and accepted a portion of the landscaping or infrastructure improvements, 100% of the incomplete or unaccepted landscaping or infrastructure improvements. The City Engineer shall review and approve an updated warranty completion assurance for all remaining uncompleted landscaping and infrastructure improvements.
(B) As provided by the city ordinances and regulations, the applicant and the city shall comply with the city’s established system for the partial release of an improvement completion assurance as portions of required landscaping or infrastructure improvements are completed and accepted in accordance with local ordinance; and issue or deny a building permit in accordance with the Act, based on the installation of landscaping and/or infrastructure improvements.
(C) The city shall not require an applicant to post an improvement completion assurance for:
(1) Landscaping or an infrastructure improvement that the city has previously inspected and accepted;
(2) Infrastructure improvements that are private and not essential or required to meet the Building Code, Fire Code, flood or storm water management provisions, street and access requirements, or other essential necessary public safety improvements adopted in a land use regulation; or
(3) Infrastructure improvements within the area proposed to be private or for any infrastructure improvements within the subject property the city requires to be private.
(D) The applicant engineer’s cost estimates for the installation of all required subdivision improvements shall be provided for review by the City Engineer and approved by the Land Use Authority, as applicable, to establish the necessary improvements completion assurance in an amount required by § 155.141 of this chapter.
(E) At any time before the city accepts a landscaping or infrastructure improvement, and for the duration of each improvement warranty period, the city shall require the applicant to:
(1) Execute an improvement warranty for the improvement warranty period; and
(2) Post an improvement completion assurance as required by § 155.141 of this chapter in the amount of up to 10% of the lesser of:
(a) The City Engineer’s original estimated cost of completion; or
(b) The applicant’s reasonable proven cost of completion.
(3) When the city accepts an improvement completion assurance for landscaping or infrastructure improvements for a subdivision in accordance with this section, the city shall not deny an applicant a building permit if the subdivision lot meets the requirements for the issuance of a building permit under the Building Code and Fire Code;
(4) No occupancy shall be permitted on any building until all infrastructure improvements have been accepted by the city; and
(5) The provisions of this section do not supersede the terms of a valid development agreement, an adopted phasing plan or the state’s Construction Code.
(F) The applicant engineer’s cost estimates for the installation of all required subdivision improvements shall be provided for review by the City Engineer and approved by the Land Use Authority, as applicable, to establish the necessary improvements completion assurance in an amount of up to 10% of the lesser of:
(1) A professional engineer’s estimated cost of completion; or
(2) The applicant’s reasonable proven cost of completion.
(G) A proposed improvement warranty shall be established for the warranty period after the acceptance of all improvements proposed to be dedicated to city, and in the form of an improvement completion assurance as required by § 155.141 of this chapter in an amount of up to 10% of the lesser of:
(1) A professional engineer’s original estimated cost of completion; or
(2) The applicant’s reasonable proven cost of completion.
(Prior Code, § 25.07.060) (Ord. 20-03, passed 3-19-2020; Ord. 23-10, passed 4-6-2023)