08-13-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 22 thereupon declare the security in default and require that all improvements be installed regardless 902 of the extent of the building development at the time the security is declared to be in default. 903 Moreover, the city may withhold building permits and certificates of occupancy for lots in the 904 plat until the required improvements have been installed. If the city undertakes the installation of 905 the required private improvements, the city, by doing so, will not undertake the subsequent 906 maintenance of those private improvements. 907 Sec. 82-214. - Inspection of required public and private improvements. 908 (a) General procedure and fees. The city may inspect required public and private improvements during 909 construction. The applicant shall pay to the city an inspection fee based on the city engineers estimate 910 enumerated in the Development Contract. If the city finds upon inspection that any of the required 911 improvements have not been constructed in accordance with the city's construction standards and 912 specifications, the subdivider shall be responsible for completing the improvements; and no building 913 permits or certificates of occupancy shall be issued until the required improvements have been 914 completed by the subdivider. 915 (b) Release or reduction of performance security. 916 (1) Certificate of satisfactory completion. The city will not accept dedication of required 917 improvements, nor release nor reduce security, until the city engineer has submitted a certificate 918 stating that all required improvements have been satisfactorily completed and until the 919 subdivider's engineer or surveyor has certified to the city engineer, through submission of a 920 detailed as-built construction drawing and survey plat of the subdivision, indicating location, 921 dimensions, materials and other information required by the city, that the layout of the line and 922 grade of all required improvements is in accordance with construction plans for the subdivision. 923 The city may require that a title insurance policy be furnished to and approved by the city attorney, 924 indicating that the required public improvements are free and clear of any and all liens and 925 encumbrances. Upon such approval and recommendations, the city may thereafter accept the 926 public improvements for dedication in accordance with the established procedure. 927 (2) Reduction of security. Security may be reduced upon actual dedication of public improvements 928 or upon satisfactory completion of the private improvement and then only to the ratio that the 929 improvement bears to the total required improvements for the plat. In no event shall security be 930 reduced below 10 percent of the principal amount until satisfactory completion of all required 931 improvements. 932 Sec. 82-215. - Maintenance of required public and private improvements. 933 (a) The subdivider shall be required to maintain all private improvements and provide for snow removal 934 on streets and sidewalks until acceptance of such private improvements by a subsequent lot owner or 935 homeowners' association. The subdivider shall be required to maintain all public improvements and 936 provide for snow removal on streets and sidewalks until acceptance of such public improvements by 937 resolution of the city. 938 (b) The subdivider shall be required to file a warranty Bond with the city, prior to the issuance of the 939 certificate of satisfactory completion, in an amount considered adequate by the city engineer and in a 940 form satisfactory to the city attorney in order to ensure the satisfactory condition of the required public 941 and/or private improvements, on the individual subdivided lots for a period of one year after the date 942 of the issuance of the certificate of satisfactory completion. 943 Sec. 82-216. - Deferral of required public or private improvements. 944 (a) The city may defer at the time of the approval of the final plat, subject to appropriate conditions, the 945 installation of any or all such public or private improvements as, in its judgment, are not requisite in 946 the interest of the public health, safety and general welfare, or which are inappropriate because of the 947 inadequacy or lack of connecting public or private improvements. 948