All developments for which a final development plan or final subdivision plat have not been approved prior to the effective date of this chapter, but for which development no street lightning has been installed, shall:
(A) Within forty-five (45) days of the effective date of this chapter, submit to the city and to the Planning and Zoning Commission a street lighting plan which provides light fixtures locations, wattage levels and fixture style. Any plan which includes a light fixtures styles other than permitted about shall also provide documentation required in division (G)(2) above. No lighting-related construction shall begin prior to receipt of written approval of a submitted lighting plan. The written approval must be signed by the Planning and Zoning Administrator or its Engineer.
(B) Within sixty (60) days of receipt of approval of the street lighting plan required in division (A) above, install the light fixtures according to that approved plan.
(C) In the event the developer fails to install the approved street lighting plan within the time allotted in division (B), the city may grant an extension of time which to complete installation. No extension of time shall be granted except upon a showing of the developer's good-faith effort to complete the installation and the posting of the developer's bond in the Planning and Zoning office, in the amount of the cost of the installation of the approved street lighting plan, plus twenty-five percent (25%). This bond shall secure the cost of the city's installation of the approved street lighting plan in the event of the developer's failure to complete installation according to the plan within the extension granted above. The city's election to call the developer's bond and to undertake installation according to the approved plan shall not preclude the filing of charges in Grant District Court seeking the penalties provided in § 41.999.
(D) Lighting-related construction begun prior to the effective date of this division and completed no later that forty-five (45) days after the effective date of this division shall not be affected by the provisions of this division.
(E) Lighting-related construction begun prior to the effective date of this division but not completed within forty-five (45) days after the effective date of this division shall comply with all applicable provisions of this division.
(Ord. 192-2006, passed 8-1-06)