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(a) If an application for a building permit or zoning certificate for the purpose of erecting a dwelling or other structure on a previously unimproved lot in a subdivision in which sidewalks are to be installed or in any other area where sidewalks are installed on lots or parcels adjacent to the lot or parcel which is the subject of the application, then the contractor or owner constructing the dwelling or other structure shall be obligated, as a condition of obtaining a building permit, to provide a performance bond or other suitable guaranty or surety of the installation and maintenance of a sidewalk as part of the construction, said bond or other guaranty or surety to be in form satisfactory to the Municipal Administrator and in an amount which will be adequate to install and provide one year maintenance for such sidewalk. The providing of the bond, guaranty, or other surety required herein shall be a condition precedent to the issuance of any permits which would allow construction to commence.
(b) It shall be deemed compliance with subsection (a) hereof if a contractor responsible for construction of the dwelling or other structure has filed a contractor's general performance bond pursuant to some other ordinance or regulation of the Municipality if such bond would be broad enough to include a guaranty or surety of sidewalk installation and maintenance for one year.
(c) This section is adopted for the purpose of placing the burden of providing a bond, guaranty, or surety arrangement to insure sidewalk installation and maintenance on the contractor or owner, not on a subdivider of real estate. Therefore, with the effectiveness of this section, no subdivider shall be required to provide or maintain a bond, guaranty, or other surety arrangement for sidewalk installation unless the subdivider is the contractor or owner who will be constructing the dwelling or other structure, or has an approved zoning certificate or building permit pending on the effective date of this section.
(1980 Code 150.029; Ord. 4-78.)
CONSTRUCTION AND MATERIALS