§ 302.06 CONSTRUCTION COMPLETION AND WARRANTY.
   (1)   Building Construction Permit. No permit shall be issued for the construction of a new building in a subdivision until the rough grading of the public street providing access thereto has been completed, and where applicable, sewer and water construction in connection therewith has been completed or is under construction. Occupancy permits for residents in a new subdivision shall not be issued until one course of bituminous surfacing is in place.
   (2)   Partial Maintenance. After a street has been completed to a point where curb and gutter, the base course, and the bituminous binder course are installed and after building permits have been issued for construction of buildings on property fronting on such streets, the street shall be placed on the routine maintenance list of the city. Snow plowing operations will be carried on in the winter time. This shall not in any way constitute final acceptance by the city and such maintenance or partial acceptance by the council shall not have any effect upon agreements existing between the city and the developer for further improvements on such streets. The wearing course shall not be placed until 80% of the housing units in the development are substantially completed.
   (3)   Sealcoating. Approximately two years after the placement of the wearing course mixture, a sealcoat consisting of a CRS emulsified asphalt conforming to Mn/DOT Specification 3151 applied at the rate of .035 gallons per square yard and FA-3 aggregate conforming to Mn/DOT Specification 3137 applied at the rate of 35 lbs. per square yard shall be placed.
   (4)   Warranty. All new streets shall be warranted by the developer or the contractor as to good workmanlike construction and to meet all city requirements for a period of one year from the time the final inspection of the street has been completed and the Council has accepted the same for full city maintenance. This section shall not relieve the developer and contractor from the usual contract obligations of good and workmanlike construction.
      When a contractor’s letter of credit has been established, it may be reduced to an amount equal to 150% of the estimated cost of construction of the wearing surface and sealcoat upon completion of all construction items, including the gravel base or bituminous binder course; and will be further reduced to an amount equal to 150% of the estimated cost of the bituminous sealcoat upon the completion of the bituminous wearing course.
      Prior to acceptance by the city, the developer on developer installed projects shall deposit with the city the sum of 20%, in the form of a surety bond, cash, or other form of security approved by the City Council, of the total original cost of construction to assure performance in compliance with this section.
(Prior Code, §§ 302.05, 302.08; Am. Ord. 03-90, passed 5-29-1990.)