(A) Upon completion of the infrastructure improvements as shown on the subdivision plans, the petitioner's surveyor or engineer shall provide the Plan Commission with a set of "as-built" plans showing the actual location, dimensions and materials used to construct all improvements within the subdivision. "As-built" plans shall be submitted to the City Engineer's Office.
(B) The city shall not accept dedication of required improvements nor release or reduce the performance bond amount until the City Engineer has submitted a final inspection report of the subdivision improvements and a maintenance bond has been secured
(C) Upon completion of all required improvements and installations, and prior to the acceptance of public maintenance by the city, the subdivider shall provide a three-year maintenance bond satisfactory to the city. The maintenance bond or letter of credit shall:
(1) Be drawn in favor of the city.
(2) Be in an amount equal to 25% of the cost of the improvements and installations as required by this chapter. The petitioner's surveyor or engineer shall supply record of the actual costs of improvements and installation on the project to aid the City Engineer in the determination of the amount of the bond.
(3) Be with surety satisfactory to city.
(4) Warrant the workmanship and all materials used in the construction, installation and completion of improvements; warrant the installations to be of good quality and to have been constructed and completed in a workmanlike manner in accordance with the standards, specifications and requirements of this chapter and with the plans and specifications approved by Plan Commission.
(5) Provide that for a period of three years from the date of the acceptance of the improvements, the petitioner shall, at his or her own expense, make all repairs to the improvements and installations, or the foundations thereof, which may become necessary by reason of improper workmanship or materials, but not including any damage to the improvements and installations resulting from forces or circumstances beyond the control of the applicant or occasioned by the inadequacy of the standards, specifications or requirements of this chapter.
(6) Comply with all statutory requirements and shall be satisfactory to the city as to form, sufficiency, and manner of execution as set forth in these regulations.
(D) The city, upon approval of the City Engineer's inspection report and issuance of a maintenance bond, shall pass a resolution accepting the improvements in the subdivision and formally releasing the performance bond.
(E) In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the city may thereupon declare the bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default as determined by vote of the city's Board of Pubic Safety or the beneficiary designated on the performance bond.
(Ord. 6405, passed 4-10-06)