1309.05 TIME EXTENSIONS OF CONSTRUCTION BONDS.
   Upon written request by the Developer, the staff may grant two additional one and one-half (1-1/2) year time extensions for completion of all site Improvements, for a total of five (5) years provided that:
   (a)   All occupied dwelling Units are served by a Road that is totally improved with the exception of the top/finish coat of asphalt;
   (b)   All Erosion and Sediment Control measures are in place in accordance with the approved Sediment Control Plan and functioning properly;
   (c)   The storm water management facilities are in place and functioning as either temporary sediment traps per sediment and erosion control Plan or as permanent storm water management basins that are protected from discharging sediment from undisturbed area on the project site. In either case, the storm water management facility shall itself be stabilized;
   (d)   Existing infrastructure that has failed is satisfactorily reconstructed; or redesigned if necessary and additional surety is provided;
   (e)   Elements of the Preliminary Plat or Site Plan that are not constructed, are reviewed for compliance with current design standards; and the Preliminary Plat or Site Plan elements not meeting current standards, at the direction of the City Engineer/Planning Director or designee and where practical, are redesigned or modified to meet current standards;
   (f)   The bond amount is re-evaluated to determine if the amount is still adequate;
   (g)   The bond amount is increased, and additional surety provided if the bond amount is determined to be inadequate;
   (h)   The Owner/Developer paid the non-refundable processing fee for the bond time extension request, in accordance with the prevailing fee schedule; and
   (i)    Time extensions beyond the five (5) year time period may only be considered by the City Council and may be granted for justifiable reasons on a case-by-case basis.
      (Ord. 2022-13. Passed 11-10-22.)