(A) The following shall be the duty of all who develop property within the corporate limits of the city:
(1) To properly construct all public improvements, as defined below, according to the city’s Standard Specifications for Water and Sewer Construction, the zoning ordinances and subdivision regulations of the County/City Joint Planning Commission, to the extent they may apply, and according to all approved construction plans;
(2) To advise the city prior to the start of the construction of said public improvements so that the city may have the opportunity to inspect same as the construction occurs, if it so desires;
(3) To verity, by way of only approved testing methods, that all of said public improvements comply, in all respects, with the Standard Specifications, zoning laws, subdivision regulations and approved construction plans, as set out above, and to notify the city in advance of the date and time of said testing, so that it can observe said testing, if it so desires;
(4) To provide the city with any and all documentation or other proof requested for the purpose of demonstrating the actual results of said testing;
(5) To, at the successful completion of all required testing, request a compliance evaluation from the city and the County/City Joint Planning Commission, relative to these public improvements;
(6) To review the detailed and complete “punchlist” that is created as a result of the compliance evaluation, which shall note any and all deficiencies in the public improvements relative to the Standard Specifications, zoning laws, subdivision regulations and approved construction plans, and to eliminate any such deficiencies;
(7) To repair or replace all damaged or defective public improvements, or any part thereof, and to correct any and all violations of the Standard Specifications, zoning laws, subdivision regulations and approved construction plans, as noted in the above referred to “punchlist”, prior to any offer of dedication of said public improvements to the city;
(8) To offer, in writing, the dedication of these public improvements to the city once the “punchlist” deficiencies are corrected, by delivering same to the Clerk of the city;
(9) To extend unto the city a written guarantee of both the material and workmanship for all of the public improvements offered for dedication, dated the date of the acceptance of same by the city and valid for one calendar year thereafter; and
(10) To agree that they will not attempt to obtain a building permit or certificate of occupancy from the County/City Joint Planning Commission until such time as all repairs or replacements to public improvements, as set out in division (A)(6) above, are completed.
(B) Failure to abide by this section shall authorize the city to take any of the following actions:
(1) Refuse to grant the offending party further water or sewer taps on any property;
(2) Request the County/City Joint Planning Commission to use any means available to enforce its zoning laws and subdivision regulations; and
(3) Seek relief from the court of proper jurisdiction in regards to the granting of a temporary restraining order or other injunctive relief or to enforce the requirements of this section as allowed by law, including seeking damages, both compensatory and punitive, and to recover it’s attorney fees and costs associated therewith.
(C) Once all of the requirements herein have been met in full, it shall be the duty of the city to either accept or reject the offer of dedication of public improvements within 60 days. This shall be done in writing and any refusal to accept dedication shall be explained therein.
(D) For the purpose of this section, the term
PUBLIC IMPROVEMENTS shall include all of the following:
(1) Streets;
(2) Curbs and gutters;
(3) Storm water drains and lines;
(4) Sidewalks;
(5) Fire hydrants;
(6) Waterlines;
(7) Meters and boxes;
(8) Street lights and utility poles;
(9) Sanitary sewer lines;
(10) Pump stations;
(11) Storm water retention and detention facilities;
(12) Water towers; and
(13) Any items associated with the above.
(Ord. 517-02, passed 2-18-2002)