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Ord #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions
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Ord #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions
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Sec. 82-213.-Assurance for completion and maintenance of required public or private <br /> improvements— <br /> The following provisions apply to subdivisions: <br /> (1) Completion of required public or private improvements. Before the mayor and city clerk sign a <br /> final plat,the subdivider shall complete or agree to complete at their cost all of the required public <br /> or private improvements as required in this chapter and as specified in the resolution approving <br /> the final plat and in the development contract,and in the case of public improvements,to dedicate <br /> them to the city, free and clear of all liens and encumbrances on the property and public <br /> improvements thus dedicated. <br /> (2) Performance Security <br /> a. The city may require the developer furnish security, in the amount of 125%of the cost of the <br /> improvements,to guarantee their completion. . <br /> b. Such performance security shall comply with all statutory requirements and be satisfactory <br /> to the city attorney as to form and manner of execution.The period within which the required <br /> public and private improvements must be completed shall be specified by the city in the <br /> resolution approving the final plat or in the development contract and shall not exceed two <br /> years from date of final plat approval. <br /> (3) Temporary improvement. The subdivider shall build and pay for all costs of temporary <br /> improvements required by the city and shall maintain them for the period specified by the city. <br /> Prior to construction of any temporary facility or improvement,the subdivider shall file with the <br /> city a separate suitable performance security for temporary facilities, which securityshall ensure <br /> that the temporary facilities will be properly constructed, maintained and removed. <br /> (4) Cost of improvements. All required public and private improvements shall be made by the <br /> subdivider, at their expense, without reimbursement by the city. <br /> (5) Governmental units. Governmental units to which these security and contract provisions apply <br /> may file in lieu of a contract or bond a certified resolution or ordinance of that governmental unit's <br /> agreeing to comply with the provisions of this chapter. <br /> (6) Failure to complete required improvements. For plats for which no performance security has <br /> been posted, if the improvements are not completed within the period specified by the city in the <br /> resolution approving the final plat,the approval shall be deemed to have expired. In those cases <br /> where a performance security has been posted and required improvements have not been installed <br /> within the term of such performance security and resolution approving the final plat,the city may <br /> thereupon declare the security in default and require that all improvements be installed regardless <br /> of the extent of the building development at the time the security is declared to be in default. <br /> Moreover, the city may withhold building permits and certificates of occupancy for lots in the <br /> plat until the required improvements have been installed. If the city undertakes the installation of <br /> the required private improvements, the city, by doing so, will not undertake the subsequent <br /> maintenance of those private improvements. <br /> Sec. 82-214.- Inspection of required public and private improvements. <br /> (a) General procedure and fees. The city may inspect required public and private improvements during <br /> construction.The applicant shall pay to the city an inspection fee based on the city engineers estimate <br /> Final Draft page 22 <br />
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