(A) Before recordation, the applicant shall install required improvements and repair any existing streets and other public facilities disturbed or damaged in the development of the subdivision, and execute and file with the city council an agreement between himself and the city, specifying the period within which required improvements and repairs shall be completed. The agreement shall also contain a provision that the applicant shall be responsible for the successful operation and all repair to the improvements for a two-year period following their installation. The agreement shall be accompanied by a surety bond, cash deposit, certified check, irrevocable letter of credit, or other form of security approved by the city's legal counsel, in the amount of one hundred fifty percent of the estimated cost of construction for the remaining improvements to be completed. In the event that the applicant does not timely complete the improvements, the city may proceed against the guarantee. If the cost of completion of the improvements exceeds the amount of the guarantee the city may recover the full cost and expenses thereof from the applicant. Failure to comply with improvements, deadlines or provisions of this chapter may result in a claim against the bond. For a phased subdivision, the required bonding shall be for the phase which is being developed.
(B) The two-year warranty shall be accompanied by a bond or some other security acceptable to the city in an amount equal to twenty-five percent (25%) of cost of the total improvements.
(C) No building permit will be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations or state platting statutes, nor shall the city have any obligation to issue any certificates of occupancy or to provide utility services to any parcel created or established in violation of these provisions. Furthermore, a claim against the bond may be made in order to redress violations.
(D) Any violation of the provisions of this chapter shall be deemed an infraction, punishable by a civil penalty not to exceed three hundred dollars per violation; with each day such violation continues constituting a separate offense. The city shall have recourse to such civil remedies in law and equity as may be necessary to ensure compliance with the provisions of these regulations, including the denial of permits to construct or establish a land use when subdivision requirements have not been met. (Ord. 2020-5, 9-16-2020; amd. Ord. 2022-3, 7-6-2022)