The owner/developer of the land being developed shall be subject to the following obligations.
(A) All construction work and materials used in connection with improvements shall conform to the requirements of the city and be installed under the general supervision of the City Engineer. The owner/developer shall be responsible for the payment of all fees incurred by the city pertaining to inspection of the improvements.
(B) The owner/developer, or his or her agent, shall give five working days’ notice to the city for any inspection to be conducted. The owner/developer shall also ensure that no work shall be covered or obscured prior to inspection by the city.
(C) The owner/developer shall hold the city free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his or her own cost and expense, any suit or action brought against the city by reason thereof.
(D) All improvements and utilities will be satisfactorily installed within one year from the date of approval of the construction plans or within such other time schedule as specifically approved by the Planning and Zoning Board.
(E) As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to 100% of the estimated cost of all required improvements, as approved by the City Engineer, shall be deposited with the city. Such performance assurance shall consist of one of the following:
(1) A performance or construction bond equal to the estimated construction cost as approved by the City Engineer for the public improvements. Such bond shall be without time limit;
(2) A certified check equal to 100% of the estimated construction cost as approved by the City Engineer for the public improvement; or
(3) Subject to the approval of the chief fiscal officer of the city, a certification to the city by the institution, person or corporation financing the construction of the public improvements. Such certification shall consist of a subdivision bond, irrevocable letter of credit or escrow account in favor of the city, stipulating that the funds in the amount of the estimated construction cost are available and set aside from all other funds:
(a) That these funds will not be released to the owner/developer or his or her agent unless said release is signed by the city;
(b) That such release by the city only certifies that as best as the city can determine, the construction was completed to the city’s satisfaction and does not relieve the owner/developer of the city’s maintenance guarantee requirement;
(c) That 10% of all monies released will be placed in an escrow account for use by the city should there be cause for the city to have to finish any work through the default, neglect or negligence of the owner/developer or their agents;
(d) That only the city shall have the right to release the funds in the escrow account; and
(e) That acceptance of the public improvements by the city and the posting of the one-year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the city.
(F) All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements.
(G) During construction and prior to acceptance of any public improvement, the owner/developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights-of- way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within 24 hours after being notified by the city that such work is required, and shall be completed to the satisfaction of the City Engineer.
(H) All public improvements shall be guaranteed by the owner/developer for a period of one year from the date such improvement is accepted, in writing, by the city. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for 10% of the total cost of the improvements. Such guarantee shall include any and all defects and deficiencies in workmanship and materials. The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines and the like during the one year guarantee period shall be assumed by such owner/developer. In the event the owner/developer fails to make such maintenance, repairs or replacements within a reasonable time after notice in writing by the city, or in the event of an emergency which may endanger life or property, the city may make or cause to be made such repairs or replacements from the above guarantee.
(I) The owner/developer shall execute a development agreement with the city, specifying the terms and conditions required under this section.
(J) The owner/developer shall furnish to the city final plats and as-built tracings of the construction drawings.
(K) No person or owner shall violate any of the regulations established in this section and, upon violation, the city shall have the authority to:
(1) Stop all work on the development site forthwith; and/or
(2) Hold the bonding company responsible for the completion of the public improvement according to the approved construction drawings and the agreement.
(2003 Code, § 153.466) (Ord. 3459, § 36.02, passed 3-7-2002) Penalty, see § 153.999