(A) All site improvements shall conform to the approved site plan and construction plans.
(B) To provide assurance to the City that public improvements will be completed once construction has begun, the developer shall furnish a bond executed by a surety company, letter of credit, or certified check equal to the cost of construction of such public improvements as shown on the approved plans, and based on an estimate approved by the City Manager as advised by the Service Director and in a form approved by the Law Director. Such surety shall be provided prior to issuance of a building permit for the project. Letters of credit shall not permit draws by the developer without the express approval of the City.
(1) For the purposes of this section, construction shall be defined as any man-made change to improved or unimproved real estate related to one or more of the following public improvements: earth-disturbing activities including clearing, excavating, filling, and grading of property; driveway approaches; sidewalks; street surfacing; curbs, gutters, and public sanitary sewers; public water supply; stormwater detention facilities; stormwater best management practices for runoff quality; and street signs.
(C) The performance bond, letter of credit, or certified check shall run to the City and shall provide that the developer, his heirs, successors and assigns, their agent or servants, upon commencement of construction, will comply with all applicable terms, conditions, provisions and requirements of these regulations; will faithfully perform and complete the work of constructing and installing all public improvements in accordance with such laws and regulations; will complete all public improvements prior to issuance of a final occupancy permit for the project; and will complete all public improvements within one (1) year from the date of final approval of the building permit, but the bond or letter of credit will run indefinitely until released by the City. In no case shall the work be completed after one (1) year from the date of final approval of the building permit, unless an extension is granted by the City as specified below.
(D) Upon commencement of construction, if the installation of any public improvement, for which guarantee has been made by the developer in the form of bond, letter of credit, or certified check, is not completed within one (1) year from the date of final approval of the building permit, the developer may request the City to grant an extension of six (6) months, provided (s)he can show reasonable cause for inability to complete said public improvement(s) within the required one (1) year. A maximum of two six-month extensions may be granted. At the expiration of the extension(s), the City will use as much of the bond, letter of credit, or certified check as necessary to complete the construction of the public improvements.
(E) All public improvements located within the public right-of-way shall be completed within 14 days of initial excavation, unless an extension is granted for reasonable cause by the City Manager as advised by the Service Director and Director of City Planning.
(F) As required public improvements are completed, approved, and accepted, the City Manager, as advised by the Service Director and Director of City Planning, may reduce the amount of the performance bond, letter of credit, or certified check.
(G) Periodic inspections during the installation of public improvements shall be made by the City to ensure conformity with the approved plans and specifications as required by these regulations.
(H) The developer shall schedule required inspections at least forty-eight (48) hours in advance with proper administrative officials.
(I) The absence of an inspector from a project during construction shall not relieve the developer from full responsibility under this agreement. Upon acceptable completion of installation of the required public improvements, the City Manager as advised by the Service Director and Director of City Planning shall issue a letter to the developer or his/her agent and such letter shall be sufficient evidence for the release by the City.
(J) When the Service Director and Director of City Planning, following final inspection of a project, certify to the City Manager that all public improvements have been constructed in accordance with City specifications, the City Manager may proceed to accept the facilities for which bond, letter of credit, or certified check has been posted.
(K) Whenever public improvements have not been constructed in accordance with the agreement and with specifications as established, the City Manager as advised by the Service Director and Director of City Planning may exercise his/her rights of foreclosure under the bond, letter of credit, or certified check.
(L) Should construction not commence prior to expiration of the building permit and any extensions granted in accordance with this section, the performance bond, letter of credit, or certified check shall be released in its entirety by the City.
(Ord. 3477. Passed 4-12-11.)