(A) Costs of improvements. All required improvements shall be made by the developer, at the developer’s expense, without reimbursement by the local government. The city, at its discretion, may choose to participate in the costs of improvements based upon the public benefit of a project, through a development agreement.
(B) Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by ordinance of the governing body. The approval of a subdivision plat by the City Commission, whether sketch, preliminary or final, shall not be deemed to constitute or imply the acceptance by the municipality of any street, easement or park shown on the plat.
(C) Inspection of improvements. The Planning Commission shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay to the municipality an inspection fee based on the estimated cost of inspection. These fees shall be due and payable upon demand of the municipality and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Local Government Engineer finds, upon inspection, that any one or more of the required improvements have not been constructed in accordance with the municipality’s construction standards and specifications, the applicant shall be responsible for properly completing the improvements.
(D) Maintenance of improvements. The developer shall be required to maintain all required public improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required by the Planning Commission, until acceptance of the improvements by the governing body. If there are any certificates of occupancy on a street not yet dedicated to the local government, the local government may, on 12 hours notice, plow the street or effect emergency repairs and charge those costs to the developer. Following the acceptance of the dedication of any public improvement by the local government, the government may, in its sole discretion, require the subdivider to maintain the improvement for a period of one year from the date of acceptance.
(E) Deferral of required improvements. Whenever it is deemed necessary by the governing body to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his or her share of the costs of the future improvements to the local government prior to the signing of the final subdivision plat by the Mayor, or the developer may execute a separate subdivision improvement agreement, secured by a letter of credit, guaranteeing completion of the deferred improvements upon demand of the local government.
(F) Issuance of building permits and certificates of occupancy.
(1) When a subdivision improvement agreement or security has been required for a subdivision, no certification of occupancy for any building in the subdivision shall be issued prior to the completion of the required public improvements and the acceptance of the dedication of those improvements by the local government.
(2) The extent of street improvement shall be adequate for vehicular access by the prospective occupant(s) and by police and fire equipment prior to the issuance of an occupancy permit. The developer shall, at the time of the offer of dedication, submit monies in escrow to the local government in a sum determined by the Local Government Engineer for the necessary final, if any, improvement of the street.
(3) No building permit shall be issued for the final 10% of lots in a subdivision, or if 10% be less than two, for the final two lots of a subdivision, until all public improvements required by governing body for the subdivision have been fully completed and the local government has accepted the developer’s offer(s) to dedicate the improvements.
(G) Consumer protection legislation and conflicts of interest statutes.
(1) No building permit or certificate of occupancy shall be granted or issued if a developer, or its authorized agent, has violated any federal, state or local law pertaining to:
(a) Consumer protection;
(b) Real estate land sales, promotion or practices; or
(c) Any applicable conflicts-of-interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate until a court of competent jurisdiction so orders.
(2) With respect to any lot or parcel of land described in the immediately preceding section, if a building permit or certificate of occupancy has been granted or issued, it may be revoked by the municipality until a court of competent jurisdiction orders otherwise, provided that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.
(3) Any violation of a federal, state or local consumer protection law, including, but not limited to: the Postal Reorganization Act of 1970, being 39 U.S.C. §§ 410 et seq.; the Federal Trade Commission Act of 1970, being 15 U.S.C. §§ 41 to 58; the Interstate Land Sales Full Disclosure Act, being 15 U.S.C. §§ 1701 et seq.; the Truth in Lending Act, being 15 U.S.C. §§ 16.01 et seq.; the Uniform Commercial Credit Code; state “Blue Sky” laws, being M.S. §§ 80A.40 et seq.; state subdivision disclosure acts or any conflicts of interest statute, law or ordinance shall be deemed a violation of these regulations subject to all of the penalties and proceedings as set forth in §§ 152.09 through 152.12.
(Ord. 66, passed 10-12-1999)