(a) General Procedure and Fees. The applicant shall pay to the municipality an inspection deposit fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the Chairman of Planning Commission unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the municipality and no building permits or certificates of occupancy shall be issued until all fees are paid. Where Planning Commission determines it to be appropriate, the applicant shall provide testing and inspection services in a manner and source approved by the City Engineer. If the City Engineer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the construction standards and specifications of the City, the applicant shall be responsible for properly completing the improvements.
(b) Release or Reduction of Security.
(1) Certificate of Satisfactory Completion. The City will not accept dedication of required improvements, nor release nor reduce the amount of any security posted by the subdivider until the City Engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and the following have been submitted:
A. A certification submitted by the applicant's engineer or surveyor to the City Engineer, providing a detailed "as built" survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the Planning Commission or City Engineer, and indicating that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision; and,
B. If requested by the City Engineer, an AutoCad digital “as built” file.
C. A title insurance policy furnished to and approved by the City Law Director indicating that the improvements have been completed and are ready for dedication to the City, and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation by the Planning Commission, City Engineer, and City Law Director, the Council shall thereafter accept the improvements for dedication in accordance with established procedure.
(2) Reduction of Escrow Funds and Security. If the security posted by the subdivider was a cash escrow, the amount of that escrow shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivider. In no event shall a cash escrow be reduced below twenty- five per cent (25%) of the principal amount. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the City Law Director. At the end of the maintenance and warranty periods, all escrowed funds, if any, shall be released to the subdivider. If the security provided by the subdivider was a letter of credit, the City Law Director shall execute waivers of the City's right to draw funds under the credit upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall waivers be executed that would reduce the security below twenty-five percent (25%) of its original amount.
(Ord. 2004-40. Passed 5-24-04.)