(A) General procedure and fees.
(1) Procedure. The City Council shall provide for inspection of required improvements during construction and ensure their satisfactory completion. If the city 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.
(2) Fees. The applicant shall pay to the municipality an inspection fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval. The subdivision plat shall not be signed by city officials unless the inspection fee has been paid at the time of application. 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.
(B) Release or reduction of security.
(1) Certificate of satisfactory completion. The city will not accept any required improvements, nor release nor reduce the amount of any security posted by the subdivider until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until:
(a) The applicant’s engineer or surveyor has certified to the city engineer, through submission of a detailed “as-built” plans of the developer’s, indicating location, dimensions, materials, and other information required by the city engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision; and
(b) Documentation has been furnished to and approved by the zoning administrator indicating that the improvements have been completed, are ready for dedication to the city, and are free and clear of any and all liens and encumbrances. Upon approval and recommendation by the zoning administrator and the city engineer, the City Council shall thereafter accept the improvements for dedication in accordance with the established procedure.
(2) Reduction of escrowed funds and security. If the security posted by the subdivider was a cash escrow, the amount of that escrow shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall a cash escrow be reduced below 25% of the principal amount. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the city engineer. At the end of the maintenance and warranty periods, all escrowed funds, if any, shall be released to the subdivider
(3) Reduction of letter of credit. If the security provided by the subdivider was a letter of credit, the city attorney shall execute waivers of the municipality’s right to draw funds under the credit upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall waivers be executed that would reduce the security below 25% of its original amount.
(Ord. passed 1-23-2001) Penalty, see § 153.999