(a) The developer shall be responsible for the provision of all required improvements to the subdivision.
(b) The final plat should not be submitted until all of the required improvements within the plat have been completed according to plans and specifications as set forth in this division, or until satisfactory arrangements have been made to complete them. This may be accomplished by either the full installation of all required improvements by the developer at the time the final plat is forwarded to the city council with a recommendation of approval by the planning commission, or by the provision of a financial guarantee of performance in the following manner:
(1) Performance guarantee.
a. Any requests made of the city council to accept a performance guarantee deposit in lieu of completing all required improvements prior to having the city council approve the final plat shall be confirmed in writing and shall be accompanied by an estimate of costs of the remaining required improvements. This estimate shall be furnished by the proprietor's engineer. It shall be complete in all respects, including estimated quantities and unit prices, and bear the engineer's seal of registration. If approved by the city council, this estimate will provide the basis for the amount of performance deposit and written agreement. Generally, the amount of performance guarantee required will be equal to 100 percent of the proprietor's engineer's estimate, following review by the city engineer's estimate and agreement, plus 25 percent of such estimate for contingencies. The agreement may further stipulate that the deposit shall be rebated to the proprietor, or an appropriate reduction in the security, in the amounts equal to the cost of completed units of work stipulated in the agreement prepared pursuant to this section, and satisfactory accomplishment of the construction milestones.
b. The performance guarantee shall either be a cash deposit or a certified check, or an irrevocable letter of credit, deposited by the subdivider with the city treasurer or a responsible escrow agent or trust company, subject to the approval of the city council and the city attorney.
c. The agreement will be so written that any part of the performance deposit, as required, may be used to reimburse the city for costs incurred in connection with the examination and inspection of the required improvements.
d. If the developer shall in any case fail to complete such work within such period, as required by the conditions of the guarantee, the city shall have such work completed. In order to reimburse itself for the cost expense, the city council may appropriate funds from the deposit which the subdivider deposits in lieu of the required improvements.
(2) Maintenance bond. Prior to acceptance by the city of required improvements, a one-year maintenance bond in an amount set by the city council shall be posted by the subdivider.
(3) Inspections.
a. Inspectors authorized by the city council shall be required to review construction of all required improvements on a continuous basis. In no case shall the same engineer provide services to both the city and the subdivider.
b. It shall be the responsibility of the improvements contractors to notify the office of the city manager at least three days in advance for the following periodic inspections:
1. Storm and sanitary sewers, water lines, mains, laterals, and catch basins before the trenches are backfilled.
2. Forms set for curb and gutter subbase has been put in place and before the concrete is poured.
3. Forms set for sidewalks before any concrete is poured.
4. All subgrade that has been shaped and rolled, before compaction test is made.
5. Forms for pavement before any concrete is poured.
6. All base courses.
c. No work covered by the bond shall be accepted or bond released until these inspections have been made and work found satisfactory.
d. The agreement to install required public improvements shall also provide for the checking of improvements and plans and continuous inspections of all improvements by the city and for costs of such services which shall be borne by the subdivider.
(4) Sidewalks and street trees. For required improvements consisting of sidewalk and street trees, the proprietor may elect to provide a performance guarantee deposit in an amount equal to 15 percent of the engineers' estimates of such cost, plus 25 percent of such deposit for contingencies, provided the proprietor shall:
a. Submit for approval with the final plat building and use restrictions in recordable form, approved by the city attorney, requiring that each owner construct sidewalks to city specifications along all street rights-of-way abutting the lot or parcel and to plant according to city specifications required street trees within the right-of-way before occupying any residence on any lot. These building and use restrictions shall be recorded with the register of deeds with the final plat.
b. Provide to each purchaser of any undeveloped lot or parcel within the subdivision prior to closing written notice that the owner shall bear the legal and financial responsibility of constructing public sidewalks and installing required street trees within the public right-of-way according to city specifications as a prior condition to lawful occupancy of any dwelling to be constructed. This duty shall be binding on the proprietor and his heirs, personal representatives, successors or assigns; and no such person shall fail to provide such notice.
c. Agree that should any required sidewalks or street trees within the subdivision not be constructed or installed by subsequent purchasers within six years following final plat approval, that the city may proceed to complete the improvements; and the city council may appropriate the costs from the performance guarantee deposit as provided in subsection (b)(1) of this section.
(Ord. No. 73, § 16, 3-4-1968; Ord. No. 73-A-92, § 2(16), 1-21-1992; Ord. 222, § 38, 12-3-2018)