(A) For uses subject to §§ 155.100 through 155.113 or 155.245 through 155.256 any improvements required under this chapter, including but not limited to, curb, gutter, sidewalk, fences, landscaping, streets, parking, and flood control requirements shall be satisfactorily installed prior to the issuance of a certificate of occupancy by the city, or if a certificate of occupancy is not required, prior to the issuance of a business license for the land being developed. In lieu of actual completion of such improvements prior to the issuance of a certificate of occupancy or business license, a developer may file with the City Council a cash bond, surety bond, letter of credit, or escrow agreement in an amount specified by the City Engineer to ensure completion of such improvements within one year. The bond may be extended by the City Council upon request. Upon completion of the improvements for which a bond or escrow agreement has been filed, the developer shall call for inspections of the improvements by the city staff. Upon approval of the City Council following a recommendation of the Planning Commission, and in lieu of the bond requirements of this subchapter, the builder or developer may be permitted to execute an agreement in a form acceptable to the City Attorney’s office, deferring any of the required improvements.
(B) Inspection shall be made within a reasonable time upon request. If the inspection shows the city standards and specifications have been met in the completion of such improvements, the bond or agreement shall be released within a reasonable time from the time of inspection. If the bond agreement is not released, refusal to release and the reasons therefore shall be given to the developer in writing within a reasonable time from the time of the inspection. The bond may be partially released based upon the percentage of completion of the required improvements.
(C) If the City Council determines that the issuance of a certificate of occupancy or a business license prior to completion of any required improvements may be injurious to the health, safety, or welfare of the city or its inhabitants, it may refuse to accept a bond or deferral agreement in lieu of actual completion of required improvements or may limit the bond or agreement to a period of less than one year.
(Ord. 2008-001, passed - -2008) Penalty, see § 155.999