09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 32 have not been installed within the term of such performance bondsecurity and resolution 1352 approving the final plat, the city may thereupon declare the bondsecurity in default and require 1353 that all improvements be installed regardless of the extent of the building development at the time 1354 the bondsecurity is declared to be in default. Moreover, the city may withhold building permits 1355 and certificates of occupancy for lots in the subdivisionplat until the required improvements have 1356 been installed. If the city undertakes the installation of the required private improvements, the 1357 city, by doing so, will not undertake the subsequent maintenance of those private improvements. 1358 (7) Acceptance of dedication offers. Acceptance of formal offers of dedication of streets, public 1359 areas, easements and parks for which the city thereafter will be responsible shall be by resolution 1360 of the city. Acceptance of deeds and easements granting to the city open spaces, flowage and 1361 conservation easements, underlying public road easements, and utility easements shall be by 1362 resolution approving the final subdivision plats, which acceptance shall not be deemed to 1363 constitute or imply acceptance of a formal dedication of those properties for which the city 1364 thereafter would be responsible. The approval by the city of a final plat shall not be deemed to 1365 constitute or imply acceptance by the city of any streets, easement or park shown on the plat. The 1366 city may require the plat to be endorsed with appropriate notes to this effect. 1367 Sec. 82-214. - Inspection of required public and private improvements. 1368 (a) General procedure and fees. The city may inspect required public and private improvements during 1369 construction. The applicant shall pay to the city an inspection fee based on the city engineers estimate 1370 the current city fee schedule for public and private improvements required as a result of subdivision 1371 approvalenumerated in the Development Contract. If the city finds upon inspection that any of the 1372 required improvements have not been constructed in accordance with the city's construction standards 1373 and specifications, the subdivider shall be responsible for completing the improvements; and no 1374 building permits or certificates of occupancy shall be issued until the required improvements have 1375 been completed by the subdivider. Wherever the cost of improvements is covered by a performance 1376 bond, the subdivider and the bonding company shall be severally and jointly liable for completing the 1377 improvements according to specifications. 1378 (b) Release or reduction of performance bondsecurity. 1379 (1) Certificate of satisfactory completion. The city will not accept dedication of required 1380 improvements, nor release nor reduce securitya performance bond, until the city engineer has 1381 submitted a certificate stating that all required improvements have been satisfactorily completed 1382 and until the subdivider's engineer or surveyor has certified to the city engineer, through 1383 submission of a detailed as-built construction drawing and survey plat of the subdivision, 1384 indicating location, dimensions, materials and other information required by the city, that the 1385 layout of the line and grade of all required improvements is in accordance with construction plans 1386 for the subdivision. The city may require that a title insurance policy be furnished to and approved 1387 by the city attorney, indicating that the required public improvements are free and clear of any 1388 and all liens and encumbrances. Upon such approval and recommendations, the city may 1389 thereafter accept the public improvements for dedication in accordance with the established 1390 procedure. 1391 (2) Reduction of security performance bond. A performance bond Security may be reduced upon 1392 actual dedication of public improvements or upon satisfactory completion of the private 1393 improvement and then only to the ratio that the improvement bears to the total required 1394 improvements for the plat. In no event shall security a performance bond be reduced below 25 10 1395 percent of the principal amount until satisfactory completion of all required improvements. 1396 Sec. 82-215. - Maintenance of required public and private improvements. 1397 (a) The subdivider shall be required to maintain all private improvements and individual lot 1398 improvements and provide for snow removal on streets and sidewalks until acceptance of such private 1399 Commented [JB91]: We don’t really do this. Commented [JB92]: Does this allow us to not accept the street because the work was poor? Commented [JB93]: Is this whole area 213-214 too wordy. Cant we say the subdivider is responsible for the improvements at their expense. The developer shall pay fees estimated by the engineer and outlined in the DA for the inspection of these improvements, the developer shall correct defective work, and the city will not issue a building permit until the work is accepted. Commented [JB94]: Shall?