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Subsequent to completion of the improvements within the development by the subdivider/developer, the City Engineer and Code Administrator shall make an inspection of the improvements to ascertain the acceptability of the structural condition, earth slopes and drainage structures, and that all other requirements of this chapter have been met.
(A) If the inspection indicates no deficient items and, all “as-built” drawings have been filed with the Code Administrator, and the subdivider/developer has posted an appropriate maintenance bond, as hereinafter set forth, the City Council shall take formal action to dedicate the completed improvements for maintenance.
(B) (1) Should any improvement require correction or repair, the subdivider/ developer shall be notified, in writing, of each deficiency.
(2) No street(s) will be accepted in a subdivision until all streets comply with the requirements of this chapter to the satisfaction of the City Engineer and Code Administrator.
(C) Should the subdivider/developer fail to properly correct any of the noted deficiencies, he or she shall be responsible for all maintenance, other than snow and ice control, until such time as the streets are completely acceptable to the city.
(1) Under this situation, the subdivider/developer’s maintenance responsibility shall be construed to include but not be limited to regular mowing of the parkways; periodic cleaning of debris from the pavement and gutters; and periodic cleaning of storm sewers and catch basins.
(2) Should the subdivider/developer fail to discharge any of these responsibilities, he or she will be notified to rectify the situation by the Building and Zoning Department.
(Ord. 2009-21, § 18.5-4-36, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)
(A) All improvements within a development shall be guaranteed by the developer to be in satisfactory condition and in compliance with this chapter for a period of two years from the date of acceptance by the city.
(1) Prior to dedication and acceptance, the subdivider developer shall post a maintenance bond (or letter of credit) with the City Clerk in a form approved by the City Attorney.
(2) The bond shall be in an amount determined by the City Engineer to be sufficient to guarantee the satisfactory condition of the required improvements for a period of at least two years, generally 25% of the estimated construction costs.
(C) If at any time during the guarantee period any improvements are found to be defective, they shall be repaired or replaced at the subdivider/developer’s expense.
(1) If the subdivider/developer fails or refuses to pay the costs within 30 days after demand is made upon him or her by the Code Administrator, the city shall use the maintenance bond to make the necessary repairs/replacement.
(2) If the cost of repairs/replacement exceeds the bond amount, the subdivider/ developer shall be liable for the excess.
(D) At the end of the two-year guarantee period, the subdivider/developer shall request a final inspection of all subdivision improvements, by sending written notice to the city at least 30 days prior to the end of the period.
(1) The City Engineer and Code Administrator shall verify to the best of his or her ability that each improvement complies with the provisions of this chapter.
(2) The subdivider/developer shall be notified in writing of any improvements that are found to be defective, and shall repair or replace the deficiencies at his or her expense.
(3) When all improvements pass the final inspection, the city shall issue a letter releasing the subdivider/developer from any further responsibility for the improvements.
(4) Should the subdivider/developer fail to request a final inspection in writing at least 30 days prior to the end of the guarantee period, the guarantee period shall be extended until 30 days after such time as a request is received and the improvements are inspected and determined to be acceptable to the city.
(Ord. 2009-21, § 18.5-4-37, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)
Any subdivider/developer desiring a variation from the requirements of this chapter shall file a written application therefor with the Code Administrator at the same time that he or she files his or her preliminary plat.
(A) The application shall fully explain the grounds for the variance request and specify the section(s) of this chapter that, if strictly applied, would cause great practical difficulties or hardship.
(B) The Code Administrator shall prepare an advisory report on every application for variation and submit it, together with the completed application, to the Planning Commission.
(C) Any variation proposed herein by the developer, which is in effect a variation of the provisions of the code of ordinances adopted by the city, shall only be allowed and granted in compliance with the procedures outlined in the code. Nothing contained herein shall be construed as to allow a variation of lot size, setbacks or any other regulation of Chapter 154.
(Ord. 2009-21, § 18.5-4-38, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)
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