(A) Generally. Improvements installed by a land divider either as a requirement of these regulations or at his or her own option shall conform to the design standards and improvement standards and specifications adopted by the city. Improvements shall be installed in accordance with the following general procedure:
(1) All improvement work shall be at the sole cost and expense of the developer unless otherwise specifically provided herein.
(2) Improvement work shall not start until plans have been checked for adequacy and approved by the City Engineer. To the extent necessary for evaluation of the proposal, improvement plans may be required before approval of the tentative plan of a partition or subdivision.
(3) Improvements shall be constructed under the inspection and to the satisfaction of the City Engineer.
(4) Developer(s) shall warrant the materials and workmanship of the improvements for a period of two years from the date of completion. Such guarantee shall be secured by cash deposit in the amount of the value of the improvements as set by the city.
(5) A map showing public improvements as built shall be filed with the City Engineer upon completion of the improvements.
(B) Options for improvements. Before the signature of the City Engineer is obtained on the final partition or subdivision plat, the applicant shall install the required improvements, agree to install required improvements, or have gained approval to form an improvement district for installation of the improvements required with the tentative plat approval. These procedures are more fully described as follows:
(1) Install improvements. The applicant may install the required improvements for the subdivision prior to recording the final subdivision plat. If this procedure is to be used, the subdivision plat shall contain all the required certifications except the County Surveyor and the Board of County Commissioners. The city shall keep the subdivision plat until the improvements have been completed and approved by the city. The city shall forward the final subdivision plat for certification by the Board of County Commissioners and then to the County Clerk for recording; or
(2) Agree to install improvement. The applicant may execute and file with the city an agreement specifying the period within which required improvements shall be completed. The agreement shall state that if the work is not completed within the period specified, the city may complete the work and recover the full cost and expense from the applicant. A performance guarantee shall be required. The agreement may provide for the construction of the improvements in increments and for an extension of time under specified conditions; or
(3) Form improvement district. The applicant may have all or part of the public improvements constructed under a Limited Improvement District (LID) procedure. Under this procedure the applicant shall enter into an agreement with the city proposing establishment of the district for improvements to be constructed, setting forth a schedule for installing improvements, and specifying the extent of the plat to be improved. The city reserves the right under a Limited Improvement District (LID) procedure to limit the extent of improvements in a subdivision during a construction year and may limit the area of the final subdivision plat to the area to be improved. A performance guarantee shall be required under the improvement district procedure. The formation of a LID is entirely within the discretion of the city.
(Ord. 224, passed 12-2-2004; Ord. 247, passed 2-18-2010)