(a) Improvements and Escrow Deposits or Performance Bond.
(1) Completion of Improvements. Before the plat is signed by the Chairman of the Commission, all applicants shall be required to complete, in accordance with the Commission’s decision and to the satisfaction of the Zoning Officer all the street, sanitary, and other improvements including lot improvements on the individual lots of the subdivision as required in these Subdivision Regulations, specified in the final Subdivision Regulations, specified in the final subdivision plat, and as approved by the Commission, and to dedicate same to the City, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
(2) Whenever, by reason of the season of the year, any lot improvements required by the Subdivision Regulations cannot be performed, no such lot shall be sold; however, the Zoning Officer may, nevertheless, issue a certificate of occupancy provided there is no danger to health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the City Engineer for the cost of said improvements. The performance bond covering such lot improvement shall remain in full force and effect.
(b) Procedures on Escrow Fund. All required lot improvements for which escrow monies have been accepted by the Zoning Officer at the time of issuance of a certificate of occupancy shall be installed by the developer. In the event that the improvements have not been properly installed, at the end of the required time period the Zoning Office shall give two (2) weeks’ written notice to the developer requiring him to install same, and in the event that the same are not installed properly in the discretion of the Zoning Officer, the Zoning Officer may request the governing body to authorize the City to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of all occupancy for which escrow monies are being deposited with the Zoning Officer, the applicant shall obtain and file with the Zoning Officer prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the Zoning Officer to install the improvements at the end of a nine month period in the event that the same have not been duly installed by the developer.
(1) Performance Bond.
A. The Planning Commission in its discretion may waive the requirements that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and that, as an alternative, the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Commission as sufficient to secure to the City the satisfactory construction, installation, and dedication of the incompleted portion of required improvements. The performance bond shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
B. Such performance bond shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be incorporated in the bond and shall not in any event exceed two (2) years from date of final approval. Such bond shall be approved by the City as to the amount and surety and conditions satisfactory to the governing body. The Commission may, upon proof of difficulty, recommend to the governing body extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The City may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Commission.
(2) Temporary Improvement. The applicant shall build and pay for all cost of temporary improvements required by the Commission and shall maintain same for the period specified by the Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable escrow deposit or bond for temporary facilities, which escrow deposit or bond shall insure that the temporary facilities will be properly constructed, maintained, and removed.
(3) Costs of Improvements. All required improvements shall be made by the applicant, at his expense without reimbursement by the City or any improvement district therein.
(4) Governmental Units. Governmental units to which these bonds and contract provisions apply may file in lieu of said contract or bond a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Article.
(5) Failure to Complete Improvement. For subdivisions for which no escrow deposit or performance bond has been posted, if the improvements are not completed within the period specified by the Commission in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where an escrow deposit or performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the City may thereupon declare the escrow deposit or bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the escrow deposit or bond is declared to be in default.
(6) Acceptance of Dedication Officers. Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by ordinance of the City. The approval by the Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the City of any street, easement, or park shown on said plat. The Commission may require said plat to be endorsed with appropriate notes to this effect.
(c) Inspection of Improvements.
(1) General Procedure and Fees. The Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion. If the Zoning Officer finds upon inspection that any of the required improvements have not been constructed in accordance with the City’s construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the cost of improvements is covered by an escrow deposit or performance bond, the applicant and the bonding company shall be severally and jointly liable for completing the improvements according to specifications.
(2) Release or Reduction of Performance Bond.
A. Certificate of Satisfactory Completion. The City will not accept dedication of required improvements, nor release not reduce a performance bond, until the Cit Engineer or Zoning Officer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant’s engineer or surveyor has certified to the City Engineer or Zoning Officer, through submission of detailed “as-built” survey plat or the subdivision indicating location, dimensions, materials, and other information required by the Commission or City Engineer, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision been furnished to and approved by the City Attorney indicating that the improvements shall have been completed, are ready for dedication to the City and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the governing body shall thereafter accept the improvements for dedication in accordance with the established procedure.
B. Reduction of Escrow Deposit or Performance Bond. An escrow deposit or performance bond shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvement dedicated bears to the total public improvements for the plat. In no event shall be the escrow deposit or performance bond so reduced below twenty-five percent (25%) of the principal amount.
C. Maintenance of Improvements.
1. The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the City. If there are any certificate of occupancy on a street not dedicated to the City, the City may on twelve (12) hours’ notice plow the street or effect emergency repairs and charge same to applicant.
2. The applicant shall be required to file a maintenance bond with the City, prior to dedication, in an amount considered adequate by the Zoning Officer and in a form satisfactory to the City Attorney, in order to assure the satisfactory condition of the required improvements, including all lot improvements on the individual subdivided lots, for a period of one (1) year after the date of their acceptance by the City and dedication of same to the local government.
D. Deferral or Waiver of Required Improvements.
1. The Planning Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of inadequacy or lack of connecting facilities.
2. Whenever it is deemed necessary by the Commission to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the applicant shall pay his share of the costs of the future improvements to the City prior to signing of the final subdivision plat, or the applicant may post a bond insuring completion of said improvements upon demand of the local government.
E. Issuance of Building Permits and Certificates of Occupancy.
1. Where an escrow deposit or performance bond has been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of same to the local government, as required in the Commission’s final approval of the subdivision plat.
2. The extent of street improvement shall be adequate for vehicular access by the prospective occupancy and by police and fire equipment, prior to the issuance of an occupancy permit. The developer shall at the time of the dedication submit monies in escrow to the City in a sum determined by the City Engineer for the necessary final improvement of the street.
3. No building permit shall be issued for the final ten percent (10%) of lots in a subdivision, or in ten percent (10%) be less than two (2), for the final two (2) lots of a subdivision, until all public improvements required by the Commission for the plat have been fully completed and dedicated to the City.
(Ord. 89-11. Passed 8-21-89.)