(A) Completion of improvements. All improvements required by the Commission shall be shown on the improvement plans and must be completed within two years from the date of approval, with the following exceptions:
(1) If sidewalks are to be installed as lots are developed, the Board of Works may approve time extensions for sidewalk completion with the submission of an appropriate financial guarantee. Each extension shall be for a maximum of two years, and no more than three such extensions may be granted. In deciding whether to grant the extension, the Board of Works shall consider the degree of completion of construction in the subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting construction.
(2) The City Engineer may approve a time extension for installing the final paving course (surface coat) with the submission of an appropriate financial guarantee. The time extension shall be for a maximum of two years, and only one such extension may be granted. In deciding whether to grant the extension, the engineer shall consider the degree of the completion of the subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting the construction. The engineer’s decision to deny an extension may be appealed to the Board of Works.
(3) Other extensions of time may be approved by the Board of Works in accordance with § 156.41 with the submission of an appropriate financial guarantee if unusual conditions exist that impede timely completion. In deciding whether to grant the extension, the Board of Works shall consider the degree of the completion of the subdivision, the effect of the extension on property owners in the subdivision, and weather or other conditions affecting the construction.
(4) No sewer tap permits or building permits shall be issued in the newly developed area of the subdivision until the sanitary sewer system in the subdivision has been satisfactorily completed in accordance with the approved plans and either:
(a) Accepted for perpetual maintenance by the Board of Works; or
(b) The Board of Works has approved accepted the developer’s maintenance bond as posted for the three year maintenance period for the sanitary sewer improvements.
(B) Secondary approval and performance guarantees. A subdivision plat may be recorded only after secondary approval has been given as specified in this chapter. Secondary approval shall not be given until one of the following has been accomplished:
(1) The Board of Works has accepted for perpetual maintenance of required public improvements and all improvements have been satisfactorily completed in accordance with the approved plans.
(2) The applicant has posted financial guarantees in an amount equal to 100% of the cost of the improvements. Engineer’s estimates shall be provided by the developer that separately estimate the costs of street improvements and sewer and/or drainage improvements. The form and length of the guarantees must be acceptable to the City Attorney. If time extensions are granted under division (A)(3) above, the cost estimate must be reviewed and the amount of the guarantee increased if necessary.
(C) Maintenance guarantees. As a condition of the acceptance of completed improvements and/or release of financial guarantees posted under the terms of this section, the subdivider shall post with the Board of Works financial guarantees ensuring maintenance of the improvements in good repair. These guarantees shall be in an amount equal to 25% of the estimated cost of all improvements and shall be in effect for a period of three years.
(D) Release of financial guarantees.
(1) After completion of all public improvements and prior to the release of the performance guarantee on the improvements, the subdivider shall provide drawings showing the actual location of all installed street improvements, sanitary and storm sewer improvements, water mains, fire hydrants, improvements, valves and stubs, monuments and markers, drainage facilities and other installed permanent improvements. This map shall be certified by a registered engineer or land surveyor. One copy of these plans shall be submitted to the City Engineer and one copy shall be submitted to the office of the Building Commissioner.
(2) The Board of Works may grant a partial release from a financial guarantee for portions of the improvements which are complete and accepted by said Board, provided that the maintenance guarantee as specified in division (C) above is posted for such portion of the improvements.
(3) The financial guarantee shall not be released until the subdivider has provided acceptable evidence that an entity has been established to maintain any common facilities, including but not limited to open space, recreational facilities, pedestrian systems, and drainage facilities.
(E) Inspection.
(1) Preconstruction. Before beginning any work within the subdivision, the developer shall meet on the site with the City Engineer.
(2) Construction. The appropriate city officials shall inspect and require that the installation of all improvements take place in accordance with plans approved by the Commission. The city shall have authority over the schedule of construction, materials used, methods of construction, and workmanship to ensure compliance with the approved plans.
(Ord. 17, 2006, passed 11-27-2006; Am. Ord. 24, 2013, passed 10-28-2013)