The applicant shall construct all streets, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, shade trees, storm drainage facilities, sanitary sewers, landscaping, traffic control devices, open space and restricted areas, and erosion and sediment control measures, in conformance with the plan as approved.
A. 
The construction or installation of all improvements shall at all times be subject to inspection by representatives of the City. If such inspection reveals that work is not in accordance with approved plans and specifications, that erosion or sediment controls are failing to prevent accelerated erosion or waterborne sediment from leaving the site of construction, the representative is empowered to require corrections to be made and/or the suspension of subdivision approval and to issue a cease and desist order which may include any or all of the following sanctions:
(1) 
No lot in the subdivision shall be placed under agreement of sale;
(2) 
All construction on any lots for which a building permit has been issued shall cease; and/or
(3) 
No further building permits for any lots shall be issued.
B. 
The cease and desist order shall be terminated upon determination by the City Council that the said defects or deviations from plan requirements have been corrected.
C. 
No underground pipes, structures, subgrades, or base course shall be covered until inspected and approved by the City. A minimum of seven inspections by the designated representative shall be required. These inspections shall be made at the following intervals:
(1) 
Upon completion of rough grading, but prior to placing topsoil, installing permanent drainage or other site improvements, or establishing covers.
(2) 
Upon excavation, installation and implementation of drainage structures, community sewage systems, or water supply systems.
(3) 
Upon excavation and completion of subgrade.
(4) 
Before placing subbase.
(5) 
Before binder course.
(6) 
Before wearing course.
(7) 
Final inspection.
D. 
The developer shall notify the designated representative of the City at least three days in advance of completion of any construction operations requiring an inspection.
A. 
When the developer has completed all of the necessary and appropriate improvements, he shall notify the Commission, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Engineer to inspect all of the improvements. The Engineer shall file a report, in writing, with the Commission and shall promptly mail a copy of the report to the developer by certified mail. The report shall be made and mailed within 30 days after inspection by the Engineer. This report shall be detailed and shall indicate approval or rejection of said improvements, either in part or in whole. If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Engineer, the report shall contain a statement of reasons for such nonapproval or rejection.
B. 
The Commission shall notify the developer, in writing, by certified mail, of the action of the Commission with regard to approval, nonapproval, or rejection of improvements.
C. 
If any portion of the improvements shall not be approved or shall be rejected by the Commission, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as outlined herein shall be followed.
D. 
The developer shall be responsible for maintenance of all subdivision or land development improvements until such improvements are offered for dedication and are accepted by the City. In addition, 10% of the performance guarantee shall be held back by the City until the developer has posted a maintenance guarantee as provided for in § 430-45 and as-built plans are verified and accepted by the City.
E. 
Partial releases of the performance guarantee during the period of construction shall be authorized as per Subsection F.
F. 
As the work of installing the required improvements proceeds, the party posting the financial security may request the City Council to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the City Council, and the Council shall have 45 days from receipt of such request within which to allow the City Engineer to certify, in writing, that such portion of the work upon the improvements has been completed in accordance with the approved plans. Upon such certification, the City Council shall authorize release by the bonding company or lending institution of an amount as estimated by the City Engineer fairly representing the value of the improvements completed. The Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to the Council his independent evaluation of the proper amount of partial releases. The Council may, prior to final release at the time of completion and certification by the City Engineer, require retention of 10% of the estimated cost of the aforesaid improvements as per Subsection D of this section.
Within 30 days after completion and City approval of subdivision or land development improvements as shown on final plans, and before City acceptance of such improvements, the developer shall submit to the City a corrected copy of said plans showing actual dimensions and conditions of streets and all other improvements, certified by a professional engineer to be in accordance with actual construction.
A. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit a written offer of such public improvements for dedication to the City. This offer shall include a deed of dedication covering these public improvements, together with satisfactory proof establishing the developer's clear title to the property. Such documents are to be filed with the City Secretary for review by the City Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Council at a regular meeting. The Council may require that at least 50% of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before the said 50% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Council before being accepted by the City.
B. 
The Council may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities.
A. 
Where the City Council accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Council shall require the posting of financial security to secure the structural integrity of the improvements and the function of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in § 430-42 of this chapter, shall be for a term of 12 months from the date of the acceptance of dedication, and shall be in an amount equal to 15% of the actual costs of installation of the improvements so dedicated as determined by the City Engineer.
B. 
Where maintenance of stormwater retention facilities or private streets is to be the responsibility of individual lot owners, a homeowners' association or similar entity, or an organization capable of carrying out maintenance responsibilities, the Council shall require that maintenance responsibilities be set forth in perpetual covenants or deed restrictions binding on the landowner's successors in interest, and may further require that an initial maintenance fund be established in a reasonable amount.