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(a) Submittal of Fees; Evidence of Insurance. Prior to receiving authorization to proceed with construction, the subdivider shall submit to the City Engineer the fees for inspection and testing and evidence of liability insurance as established by the Subdivision Regulations and by the Construction Agreement.
(b) Authorization to Proceed. Upon determining that the subdivider has met all conditions required prior to construction, the Director of Community Development and City Engineer shall issue written authorization to the subdivider to proceed with installation of improvements. Construction of improvements, clearing, grubbing or grading shall not be commenced prior to receipt of written approval from the Director of Community Development and the City Engineer.
(c) Installation of Improvements. The subdivider shall install all improvements required by the Subdivision Regulations and in accord with the terms of the approvals granted by the City and the terms of the Construction Agreement.
(d) Installation of Site Improvements by Assessment as an Alternate. In the event that the developer should desire to have the required site improvements installed by the City, and assessed against the benefited property, the developer may, after executing and filing the Performance Guarantee (unless waived by the City Commission), and with the approval of the City Commission, file a petition for the improvements in the City’s standard form. The City may then install the site improvements, and when each separate lot has been improved by the erection of a building thereon, and the value of the lot as improved by the building and site improvements is at least equal to 300% of the amount to be assessed against it by the City for the site improvements, the City shall release that proportion of the total guarantee that the assessment for the site improvements for the lot bears to the total assessments for all site improvements.
(e) Supervision of Installation. The installation of all required improvements shall be supervised by a professional engineer employed by the subdivider.
(f) Inspections During Construction. The City shall make inspections during the installation of improvements to ensure conformity with the approved Improvement Plans and the Construction Agreement. Inspections shall also be made of all new streets that are not proposed to be public to confirm that they are being built to City’s Engineering Design and Construction Standards. Such inspections shall be performed according to schedules and methodologies approved by the City, in conformance with the Engineering Design and Construction Standards, and as contained in the Construction Agreement.
(g) Modification of Improvement Plans. If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the City Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the City Engineer may authorize such modifications upon written request of the subdivider, provided such modifications are within the spirit and intent of the Planning Commission’s approval and do not amount to the waiver or substantial alteration of the function of any improvement required by the Planning Commission. The City Engineer shall issue such authorization in writing and shall transmit a copy to the Planning Commission.
(h) Maintenance Prior to Acceptance. During all times prior to acceptance of the improvements by the City, the subdivider shall be responsible for routine maintenance of all improvements (including snow removal, sweeping, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to faulty construction as soon as they become apparent.
(Ord. 02-176. Passed 10-28-02.)