(a) Purpose. This section is designed as a means by which a subdivider may receive the Council's final approval of a subdivision, have the plat recorded and transfer lot ownership prior to installation of required public improvements as shown on the plat and plans.
(b) Approval Procedure. Following receipt of the City Engineer's approval of all public improvement plans and specifications as required in Section 1105.08, the subdivider may request approval of the final plat by submitting a final plat together with a performance agreement and a performance bond or letter of credit assuring the installation of required public improvements, to the Zoning Administrator who shall process the request as follows:
(1) Request the City Engineer to examine the design engineer's estimate of cost of all proposed public improvements and approve or disapprove the estimate.
(2) Request the City Engineer to examine contract documents for construction of all public improvements as shown on the plat and plans and approve or disapprove the same. All contracts for construction of the improvements shall require the contractor to have liability insurance holding the City completely harmless from any and all liability for personal injuries suffered or property damages incurred relating to and during the construction of the improvements.
(3) Submit the performance agreement and performance bond or letter of credit assuring installation of required public improvements to the City Law Director together with the City Engineer's written comments regarding the cost estimate and construction contracts.
A. The performance agreement and bond or letter of credit shall assure installation of all public improvements shown on the plat or plans within a specified time period and include provisions, if any, for extension of the time limit. Any performance bond shall be in an amount at least equal to the cost estimate for the improvements as approved by the City Engineer. Any letter of credit shall provide for written City approval of all disbursements until the improvements are completely installed.
B. The City Law Director shall examine the documents as to form and content and advise the Zoning Administrator whether or not to proceed with the final plat approval procedure.
C. If the City Law Director approves all of the required documents, he or she shall so advise Council during their consideration of the final plat.
(4) On full compliance with the procedure as set forth above in divisions (b)(1), (2), and (3), the Zoning Administrator shall proceed with normal approval under 1105.09(b). (Ord. 074-10. Passed 12-20-10.)