5-9-3: STREET AND STREET SIDE IMPROVEMENTS:
Any application for: a) rezoning, b) subdividing, c) special use permit or d) any building permit for new construction or alteration affecting fifty percent (50%) or more of the value of improvements where such application involves a gateway street or contiguous property shall comply with the following requirements:
   A.   Street Cuts: No utility cuts into the pavement of gateway streets will be permitted without a permit from the government entity having jurisdiction.
   B.   Curb, Gutter And Sidewalks:
      1.   Property contiguous to Roswell Boulevard north of the railroad tracks: Six inch (6") vertical curb and gutter, and eight foot (8') sidewalks, meeting city standards shall be constructed adjacent to Roswell Boulevard. See figure 1 of this section.
 
      2.   Property contiguous to Roswell Boulevard south of the railroad tracks: A swale system and a five foot (5') cement meandering sidewalk meeting city standards shall be constructed adjacent to Roswell Boulevard. See figure 2 of this section. Once constructed, the swale system shall be maintained in a working and weed free condition by the property owner or the city may mail the property owner notice of the owner's failure to maintain the system and, after fourteen (14) calendar days from date of the city's notice, perform necessary maintenance to the swale system and assess the property for the city's maintenance costs and expenses.
 
   C.   Plans: Plans for curb, gutter, sidewalk and pavement match design must be submitted to and approved by the government entity having jurisdiction.
   D.   Streetlights And Trees: Applicants shall be required to install streetlights and trees approved by the city. City approval shall include installation, location and spacing of streetlights and trees determined by the city. Trees must be installed in tree wells. Power to the streetlights and irrigation water for the trees must be provided by the applicant. Tree types must be from an approved list provided by the city. However, for any application triggering this section involving property on or contiguous to any portion of Roswell lying south of the train tracks, no streetlights or trees shall be required.
   E.   Guarantee Of Improvements:
      1.   In lieu of the actual installation of curbs, gutters and sidewalks, the council may permit the applicant to provide a financial guarantee in a form acceptable to the city engineer in an amount equal to one hundred ten percent (110%) of the total estimated cost for completing construction of the specified improvements as estimated by the city engineer, to be held in trust by the department or city to guarantee completion of said improvements.
      2.   In lieu of the actual installation of streetlights, street trees, tree wells and irrigation, the council may permit the applicant to provide a financial guarantee or surety in the form of a letter of credit, certificate of deposit, or cash which shall be in an amount equal to one hundred fifty percent (150%) of the total estimated cost for completing construction of the specified improvements as estimated by the city engineer, to be held in trust by the city to guarantee completion of said improvements.
   F.   Inspections: The applicant shall be required to pay the department and/or city inspection fees for the inspection of improvements.
   G.   Completion Required Prior To Issuance Of Certificate Of Occupancy Or Approval Of Final Plat: No certificate of occupancy shall be issued to the applicant, nor final plat approved, until the improvements required have been installed, or an acceptable guarantee of improvements, as set forth in subsection E of this section, has been received by the city. (Ord. 551, 2-9-2009)