§ 155.091 INSPECTION.

   All required improvements shall be inspected by the Engineer during construction at the expense of the subdivider.

(Ord. 179, passed 2-16-78)

IMPROVEMENTS

§ 155.105 IMPROVEMENTS REQUIRED.

   Prior to the approval of a final plat by the City Council, the subdivider shall have agreed, in the manner set forth herein, to install, in conformity with approved construction plans and in conformity with all applicable standards and ordinances, the following improvements on the site:

   (A)   Survey monuments;

   (B)   Grading;

   (C)   Pavement;

   (D)   Water mains;

   (E)   Public sanitary sewer;

   (F)   Drainage facilities; and

   (G)   Miscellaneous facilities and other improvements as required.

(Ord. 179, passed 2-16-78)

§ 155.106 IMPROVEMENT INSTALLATION; COSTS.

   The improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider. However, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit to those lands, to be assessed against the same. In this situation, the subdivider will pay only for that portion of the whole cost of the improvements as will represent the benefit to the property within the subdivision.

(Ord. 179, passed 2-16-78)

§ 155.107 IMPROVEMENT INSTALLATION; CONTRACT.

   (A)   Prior to the installation of any improvements and prior to approval of the plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to furnish and construct the improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for inspection of details of construction by the Engineer, and shall grant to the Engineer authority to correlate the work to be done under the contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the community in the vicinity. The agreement shall require the subdivider to make an escrow deposit, or, in lieu thereof, to furnish a performance bond, the amount of the deposit or penal amount of the bond to be equal to 125% of the Engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection.

   (B)   On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In that event the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the City Council upon recommendation of the Engineer after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision.

(Ord. 179, passed 2-16-78)

§ 155.108 PREVIOUS DEFAULT.

   No subdivider shall be permitted to start work on any other subdivision without special approval of the City Council if he or she has previously defaulted on work or commitments.

(Ord. 179, passed 2-16-78)

§ 155.109 ESCROW DEPOSIT OR PERFORMANCE BOND.

   (A)   The contract provided for in § 155.107 shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the requirements of this regulation.

   (B)   An escrow deposit shall be made with the City Manager-Clerk in a sum equal to 125% of the total cost as estimated by the Engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, which has not been completed prior to approval of the plat. The total costs shall include costs of inspection by the city. The city shall be entitled to reimburse itself out of the deposit for any cost and expense incurred by the city for completion of the work in case of default of the subdivider under the contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in the deposit shall be refunded to the subdivider.

   (C)   In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a penal sum equal to 125% of the total cost as estimated by the Engineer of all the improvements to be furnished and installed by subdivider pursuant to the contract, which have been completed prior to the approval of the plat. The total costs shall include costs of inspection by the city. The bond shall be approved as to form by the Attorney and filed with the City Manager-Clerk.

(Ord. 179, passed 2-16-78)