(a) A statement shall be placed on all subdivision plans approved by the Planning Commission to the effect that the owner(s) agree (s) to comply with the plan and all conditions noted thereon. The installation of required site improvements (all roads, paved areas, drainage, utilities, outdoor lighting, open space and recreation, landscaping and screening including planting) which are an integral part of the approved plan may be guaranteed by cash, performance bond, letter or credit, or other acceptable guaranty approved by the City Council and the City of Wheeling Solicitor. In the event that a satisfactory guaranty is not provided within ninety days of the date of the resolution, the subdivision plan shall be null and void. A guaranty of the improvements shall be for 100 percent of the cost of improvements.
(b) The said cash, performance bond or other acceptable guaranty shall be conditioned on the completion of said work set forth on the approved subdivision plan in a manner satisfactory to the Planning Commission; and upon the proper functioning of said systems for a period of one year from their completion. In default thereof, the said guaranty shall be forfeited; and the City of Wheeling shall use the amount thereof to complete any incomplete portion of the said work or to make sure repairs are undertaken as are necessary to assure the proper functioning of said improvements. If any amount of money remains after the City of Wheeling has completed said work, such excess money will be returned to the surety or the person putting up the required deposit. The installation of all improvements shall be under the direct supervision of a West Virginia State registered architect, landscape architect, or professional engineer.
(c) To obtain a building permit, an applicant shall provide to the Building Inspector proof of acceptance of guaranty by the Planning Commission. No part of the guaranty shall be released until all of the requirements of subdivision plan approval have been met, including the construction and completion of all site improvements, and their inspection and approval by the city. Regarding the start of construction or infrastructure improvements, see Section 1305.02(d) and 1305.04(g).
(d) The site improvements shall be fully completed in accordance with the approved plan before any new building, structure or outdoor use shown on the approved subdivision plan is occupied or used, or any existing building shown on the approved subdivision plan is occupied with a new use. No certificate of occupancy shall be issued until all improvements shown on the approved subdivision plan are installed and an as-built drawing submitted to the Planning Administrator.
(e) The applicant or his developer or builder may begin infrastructure construction if preliminary subdivision plan approval has been granted and if a bond, letter of credit, cash, or other acceptable guaranty has been accepted by the City of Wheeling, as per this section.