The Owner/Developer of the land being developed shall be subject to the following obligations:
(a) The Owner/Developer shall be responsible for the payment of all fees incurred by the City Engineer pertaining to administrative responsibilities specified in this Ordinance, including inspection of the improvements.
(b) All construction work and materials used in connection with improvements shall conform to the requirements of the City and be installed under the general supervision of the City Engineer.
(c) The Owner/Developer, or his agent, shall give not less than three (3) business days notice to the City for any inspection to be conducted. The Owner/Developer shall also insure that no work shall be covered or obscured prior to inspection by the City.
(d) The Owner/Developer shall provide proof of insurance and hold the City free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the City by reason thereof.
(e) All improvements and utilities will be satisfactorily installed within two (2) years from the date of approval of the Construction Plans, pursuant to Section 1115.09, or within such other time schedule as specifically approved by the City Engineer.
(f) As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to one hundred ten percent (110%) of the estimated cost of all required improvements, as approved by the City Engineer, shall be deposited with the City. Such performance assurance shall consist of one of the following:
(1) A performance or construction bond equal to one hundred ten percent (110%) of the estimated construction cost as approved by the City Engineer for the public improvements. Such bond shall be without time limit and shall be on such forms as may be provided by the City, or
(2) A letter of credit or certified check made payable to the City, equal to one hundred ten percent (110%) of the estimated construction cost as approved by the City Engineer for the public improvements.
(g) All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements.
(h) During construction and prior to acceptance of any public improvement, the Owner/Developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements or easements as existed prior to the time of construction or were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within twenty-four (24) hours after being notified by the City that such work is required, and shall be completed to the satisfaction of the City Engineer.
(i) All public improvements shall be guaranteed by the Owner/Developer for a period of one (1) year from the date the public improvement is accepted, in writing, by City Council pursuant to Section 1115.16. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for ten percent (10%) of the total cost of the improvements and shall include the following:
(1) Any and all defects and deficiencies in workmanship and materials.
(2) The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines.
In the event the Owner/Developer fails to make such maintenance, repairs or replacements within ninety (90) days after notice in writing by the City Engineer, or in the event of an emergency which may endanger life or property, the City may make or cause to be made, such repairs or replacements from the above guarantee.
(j) The Owner/Developer shall execute a development agreement with the City, specifying the terms and conditions required under this Section of this Ordinance.
(k) The Owner/Developer shall furnish to the City final plats and as-built drawings of all improvements as required by these regulations.
(l) No person or owner shall violate any of the regulations established in this Section. Upon identifying such violation, the City shall have the authority to:
(1) Stop all work on the development site forthwith;
(2) Hold the Owner/Developer, bonding company and/or institution issuing the letter of credit responsible for the completion of the public improvement according to the approved construction drawings and the agreement.
(Ord. 27-11. Passed 3-14-11.)