1118.06   SURETY REQUIREMENTS.
   (a)   Within the Corporate Limits.
      (1)   Performance Surety.
         A.   No subdivision shall be considered by Council unless the plans for all required improvements and the appropriate surety covering the costs of these improvements are submitted to, and approved by, the City Engineer, including agreement on costs for utility and street oversizing. This information must be submitted to the City Engineer by 5:00 p.m. on the Wednesday prior to the City Council meeting.
         B.   A 100 percent Performance Surety (in a format and amount as approved by the City Engineer and by the City Solicitor) shall be submitted by the developer. Such surety shall assure either the performance of the specified work, or payment of the specified sum to the City if such improvements have not been installed and completed within one year after the date of the surety's submission.
         C.   In cases where improvement, such as extra street pavement width (or others) are determined by the City Engineer to be premature due to a lack of surrounding development, time limits for installation of the specified improvements may be extended until future development in the subject area warrants construction of the required improvements. A cash escrow shall be the format of the required surety and the City Engineer shall determine when to execute the surety.
      (2)   Maintenance Surety.
         A.   Once all the required public improvements (as defined in Section 1118.02(b)(15) have been constructed and substantially completed in the subdivision as determined by the City Engineer or Public Works Director, and prior to the release of the performance surety, the subdivider shall post with the City a maintenance surety in the amount of ten percent of the performance surety.
         B.   No public improvements shall be approved nor shall any building permits be issued until the subdivider has posted an approved maintenance surety and this maintenance surety will extend for one year from the actual date that the final punch list is substantially completed as determined by the City Engineer or Public Works Director.
               For the purposes of this section, the guidelines for substantially completed shall be as follows:
            1.   City utilities (water, sewer, storm sewer) have been installed and approved by the City Engineer and all other underground utilities (gas, water, telephone, and cable television, etc.) have been installed;
            2.   Curb and gutter has been constructed and approved by the City Engineer;
            3.   Asphalt has been laid and approved by the City Engineer.
         C.   Acceptance of the public improvements by the City will not take place until the City releases the maintenance surety and the City Engineer receives one set of reproducible, record drawings, including all utilities (i.e., sanitary, gas, water, telephone, electric, storm, cable television, etc.), drawn at a scale of at least one inch equals twenty feet. Record drawings, with utilities as located by private utility companies, shall be stamped by a registered professional engineer or surveyor verifying the accuracy of the drawings.
         D.   Prior to the release of the maintenance surety by the City, the developer shall have paid all public improvement fees required by these Regulations.
(Ord. A-2137. Passed 8-24-98; Ord. A-3075. Passed 1-24-22.)