Ord #248 - 3rd Ser/Amending the code of Ordinances pertaining to subdivisions

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enumerated in the Development Contract. If the city finds upon inspection that any of the required improvements have not been constructed in accordance with the city's construction standards and specifications, the subdivider shall be responsible for completing the improvements; and no building permits or certificates of occupancy shall be issued until the required improvements have been completed by the subdivider. (b) Release or reduction of performance security. (1) Certificate of satisfactory completion. The city will not accept dedication of required improvements, nor release nor reduce security, until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the subdivider's engineer or surveyor has certified to the city engineer, through submission of a detailed as-built construction drawing and survey plat of the subdivision, indicating location, dimensions, materials and other information required by the city, that the layout of the line and grade of all required improvements is in accordance with construction plans for the subdivision. The city may require that a title insurance policy be furnished to and approved by the city attorney, indicating that the required public improvements are free and clear of any and all liens and encumbrances. Upon such approval and recommendations, the city may thereafter accept the public improvements for dedication in accordance with the established procedure. (2) Reduction of security. Security may be reduced upon actual dedication of public improvements or upon satisfactory completion of the private improvement and then only to the ratio that the improvement bears to the total required improvements for the plat. In no event shall security be reduced below 10 percent of the principal amount until satisfactory completion of all required improvements. Sec. 82-215.-Maintenance of required public and private improvements. (a) The subdivider shall be required to maintain all private improvements and provide for snow removal on streets and sidewalks until acceptance of such private improvements by a subsequent lot owner or homeowners' association. The subdivider shall be required to maintain all public improvements and provide for snow removal on streets and sidewalks until acceptance of such public improvements by resolution of the city. (b) The subdivider shall be required to file a warranty Bond with the city, prior to the issuance of the certificate of satisfactory completion, in an amount considered adequate by the city engineer and in a form satisfactory to the city attorney in order to ensure the satisfactory condition of the required public and/or private improvements, on the individual subdivided lots for a period of one year after the date of the issuance of the certificate of satisfactory completion. Sec. 82-216.-Deferral of required public or private improvements. (a) The city may defer at the time of the approval of the final plat, subject to appropriate conditions,the installation of any or all such public or private improvements as, in its judgment, are not requisite in the interest of the public health, safety and general welfare, or which are inappropriate because of the inadequacy or lack of connecting public or private improvements. (b) Whenever it is deemed necessary by the city to defer the construction of any public or private improvements required in this section because of incompatible grades, future planning, inadequate or lack of connecting public or private improvements, or for other reasons,the subdivider shall pay their estimated share of the cost of the future improvements to the city prior to the signing of the final plat; Final Draft page 23