(A) General procedures and fees. The City Council shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the city an inspection fee of 2% of the amount of the financial guarantee or the estimated cost of required improvements, and the subdivision plat shall not be signed by the Mayor unless the fee has been paid at the time of approval. If the City Engineer finds, upon inspection that any of the required improvements have not been constructed in accordance with the city’s construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to the specifications.
(B) On-site representative. The developer shall designate, in writing, the name of the agent who shall be available at all times during its progress and who shall not be replaced without a written notice to the City Engineer. The agent will be the developer’s representative at the site and shall have the authority to act on the developer’s behalf.
(C) Release or reduction of the financial guarantee.
(1) Certificate of satisfactory completion. The City Council will not accept dedication of required improvements, nor release nor reduce any financial guarantee, until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer or surveyor has certified to the City Engineer through submission of detailed “as-built” construction plans of the subdivision, prepared on mylar, indicating location, dimensions, materials, and other information required by the City Council or City Engineer, that the layout of the line and grade of all public improvements is in accordance with the construction plans for the subdivision and that a title insurance policy has been furnished to, and approved by, the City Attorney indicating that the improvements shall have been completed, are ready for dedication to the city and are free and clear of any and all liens and encumbrances. Upon the approval and recommendation, the City Council shall thereafter accept the improvements for dedication and maintenance in accordance with established procedure.
(2) Reduction of financial guarantees. A financial guarantee may be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat. In no event shall a financial guarantee be reduced below 25% of the principal amount, unless all improvements have been dedicated in which case it may be reduced to zero, provided a maintenance bond is posted.
(3) Maintenance of improvements; warranty.
(a) The applicant shall be required to maintain all improvements within the subdivision and/or on the individual subdivided lots, until acceptance of the improvements by the City Council. If there are any certificates of occupancy on a street where improvements have not been dedicated to the city, the city may on 12-hours’ notice effect emergency repairs and charge them to the applicant.
(b) The applicant shall be required to file a maintenance guarantee with the City Council prior to dedication of the improvements, in the amount of 10% of the improvements costs in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots for a period of one year after the date of their acceptance by the City Council and dedication of the improvements to the City Council.
(Prior Code, § 15-5-2) (Ord. O88-06-007, passed 10-13-1988)
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