A. General Procedure And Fees:
1. The planning commission should provide for inspection of required improvements during construction and ensure their satisfactory completion. (Ord. 938, 11-14-2011)
2. The applicant shall pay to the city an inspection fee in an amount set by the board of commissioners as provided in the fines and fees schedule in appendix A, division IV of this code, and the subdivision plat should not be signed by the chairperson of the planning commission unless such fee has been paid at the time of application. These fees should be due and payable upon demand of the city, and no building permits or certificates of occupancy should be issued until all fees are paid. (Ord. 938, 11-14-2011; amd. 2013 Code)
3. If the city engineer finds, upon inspection, that any of the required improvements have not been constructed in accordance with the city construction standards and specifications, the applicant shall be responsible for completing the improvements according to specifications.
4. Should the cost of improvements be covered by a performance bond, the applicant and the bonding company should be severally and jointly liable for completing the improvements to specifications.
B. Release Or Reduction Of Performance Bond:
1. Certificate Of Satisfactory Completion: The city commission will not accept dedication of required improvements, nor release nor reduce a performance bond 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 a detailed as built survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the planning commission or city engineer, that the layout of the line and grade of all public improvements is in accordance with 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 such approval and recommendation, the city commission shall thereafter accept the improvements for dedication in accordance with the established procedure.
2. Reduction Of Performance Bond: Where a performance bond may have been required, it should 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 should a performance bond be reduced below twenty five percent (25%) of the principal amount.
C. Escrow Deposits For Lot Improvements:
1. Acceptance Of Escrow Funds: Whenever, by reason of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the building and zoning inspector may, nevertheless, issue a certificate of occupancy, provided there is no danger to health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the city engineer for the cost of said improvements. The performance bond covering such lot improvements shall remain in full force and effect.
2. Procedures On Escrows Fund: All required improvements for which escrow monies have been accepted by the building and zoning inspector at the time of issuance of a certificate of occupancy shall be installed by the developer within a period of nine (9) months from the date of deposit and issuance of the certificate of occupancy. In the event that the improvements have not been properly installed, at the end of the time period the building and zoning inspector shall give two (2) weeks' written notice to the developer requiring him to install same, and in the event that same are not installed properly, in the discretion of the building and zoning inspector, the building and zoning inspector may request the city commission to authorize the city to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the building and zoning inspector, the applicant shall obtain and file with the building and zoning inspector, prior to obtaining the certificate of occupancy, a notarized statement from the purchaser or purchasers of the premises authorizing the building and zoning inspector to install the improvements at the end of the nine (9) month period in the event that the same have not been duly installed by the developer.
D. Maintenance Of Improvements:
1. The applicant should be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the city commission. If there are any certificates of occupancy on a street not dedicated to the local government, the city may, on twelve (12) hours' notice, plow the street or effect emergency repairs and charge same to the applicant.
2. The applicant should be required to file a maintenance bond with the city commission, prior to dedication, in an amount considered adequate by the city engineer and 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 two (2) years after the date of their acceptance by the city commission and dedication of same to the city.
E. Deferral Or Waiver Of Required Improvements:
1. The planning commission may defer or waive at the time of final approval subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
2. Whenever it is deemed necessary by the planning commission to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant should pay the applicant's share of the costs of the future improvements to the city prior to signing of the final subdivision plat, or the applicant may post a bond ensuring completion of said improvements upon demand of the city.
F. Issuance Of Building Permits And Certificates Of Occupancy:
1. Where a performance bond has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of same to the city as required in the planning commission's final approval of the subdivision plat.
2. The extent of street improvement should be adequate for vehicular access by the prospective occupant and by police and fire equipment, prior to the issuance of an occupancy permit. The developer shall, at the time of the dedication, submit monies in escrow to the city in a sum determined by the city engineer for the necessary final improvement of the street.
3. No building permit shall be issued for the final ten percent (10%) of lots in a subdivision, or if ten percent (10%) be less than two (2), for the final two (2) lots of a subdivision, until all public improvements required by the planning commission for the plat have been fully completed and dedicated to the city.
G. Consumer Protection Legislation And Conflicts Of Interest Statutes:
1. No building permit or certificate of occupancy should be granted or issued if a developer or an authorized agent shall have violated any federal, state, or local law pertaining to consumer protection of real estate land sales, promotion, or practices, or 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 so ordered by a court of competent jurisdiction.
2. With respect to said lot or parcel of land, in the event a building permit or certificate of occupancy has been granted or issued, it shall be subject to revocation by the city until so ordered otherwise by a court of competent jurisdiction; 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, postal reorganization act of 1970; the federal trade commission act of 1970; interstate land sales full disclosure act; the truth in lending act; the uniform commercial credit code; state "blue sky" laws; state subdivision disclosure acts) or conflicts of interest statute, law, or ordinance shall be deemed a violation of this title and subject to all of the penalties and proceedings as set forth in section 12-2-3 of this title. (Ord. 938, 11-14-2011)
H. Standards For Actual Inspection: Standards for actual inspection shall be pursuant to the building code(s) adopted by the city in title 10, chapter 1 of this code, and the street construction standards of the city. See the figures and street construction standards attached to ordinance 938. (Ord. 938, 11-14-2011; amd. 2013 Code)