[Ord. No. 976 §3.1, 11-25-1997]
A. 
Completion Of Improvements. Before the plat is signed, all applicants may be required to complete, to the satisfaction of the Planning Commission, all the street, sanitary and other improvements including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the Planning Commission, and to dedicate same to the City free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
B. 
Performance Bond.
1. 
The Planning Commission in its discretion may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat and, that as an alternative the applicant post a bond at the time of application for final subdivision approval in an amount estimated by the Planning Commission as sufficient to secure to the City the satisfactory construction, installation and dedication of the incomplete portion of required improvements. The performance bond shall also secure all lot improvements on the individual lots of the subdivision as required in these regulations.
2. 
Such performance bond shall comply with the requirements of Section 89.410, RSMo., and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Planning Commission in the resolution approving the final subdivision plat and shall be incorporated in the bond and shall not in any event exceed two (2) years from date of final approval.
3. 
Such bond shall be approved by the Board of Aldermen as to amount and with surety and conditions satisfactory to the Board of Aldermen. The Planning Commission may, upon proof of difficulty, recommend to the Board of Aldermen extension of the completion date set forth in such bond for a maximum period of one (1) additional year. The Board of Aldermen may at any time during the period of such bond accept a substitution of principal or sureties on the bond upon recommendation of the Planning Commission.
4. 
The applicant shall submit a construction cost estimate for all public improvements following approval of construction plans by the Enforcement Officer. The construction cost estimate shall be approved by the Enforcement Officer prior to submission of a performance bond and said estimate shall be the basis for the bonding requirements.
C. 
Temporary Improvement. The developer shall build and pay for all costs of temporary improvements required by the Planning Commission and shall maintain same for the period specified by the Planning Commission. Prior to construction of any temporary facility or improvement, the developer shall file with the City a separate suitable bond for temporary facilities, which bond shall insure that the temporary facilities will be properly constructed, maintained and removed.
D. 
Governmental Units. Governmental units to which these bonds and contract provisions apply may file in lieu of said contract or bond, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this Article.
E. 
Failure To Complete Improvements. If the improvements are not completed within the period specified by the Planning Commission in the resolution approving the plat, the approval shall be deemed to have expired. In those cases where a performance bond has been posted and required improvements have not been installed within the terms of such performance bond, the Board of Aldermen may thereupon declare said bond to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the bond is declared to be in default.
F. 
Acceptance Of Dedication Offers. Acceptance of formal offers of dedication of streets, easements and parks shall rest with the Board of Aldermen. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the City of any street, easement or park shown on said plat. The Planning Commission may require said plat to be endorsed with appropriate notes to this effect.
[Ord. No. 976 §3.2, 11-25-1997]
A. 
General Procedure And Fees. The Planning Commission shall provide for inspection of required improvements during construction and insure their satisfactory completion. The applicant shall pay to the City an inspection fee in accordance with the City's approved fee schedule included in these regulations. The subdivision plat shall not be signed unless such fee has been paid at the time of application. Said fees shall be due and payable upon demand of the City and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Enforcement Officer finds upon inspection, that any of the required improvements have not been constructed in accordance with the City's construction standards and specifications, the applicant shall be responsible for completing said improvements. Wherever the cost of improvements is covered by a performance bond, the applicant and the bonding company shall be severally and jointly liable for completing said improvements according to specifications. Developers shall be given immediate notice of deficiency and are entitled to the results of all inspections.
B. 
Release Or Reduction Of Performance Bond — Certificate Of Satisfactory Completion. The Board of Aldermen will not accept dedication of required improvements, nor release nor reduce a performance bond, until the Enforcement Officer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the Enforcement Officer through submission of a detailed "as-built" survey plat of the subdivision indicating location, dimensions, construction materials and the dimensions and other information required by the Planning Commission or Enforcement Officer that the lay-out of the line and grade of all public improvements is in accordance with the construction plans for the subdivision and that a title insurance policy has been furnished to and approved by the City Attorney indicating that the improvements shall have been completed, are ready for dedication to the City and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation, the Board of Aldermen shall thereafter accept the improvements for dedication in accordance with the established procedure.
C. 
Reduction Of Performance Bond. A performance bond shall be reduced upon actual dedication of public improvements and then only to the ratio that the public improvements dedicated bear to the total public improvements for the plat. In no event shall a performance bond be reduced below twenty-five percent (25%) of the principal amount.
[Ord. No. 976 §3.3, 11-25-1997]
Whenever, by reason of the season of the year, any lot improvements required by the Subdivision Regulations cannot be performed, the Enforcement Officer may, nevertheless, issue a certificate of occupancy, provided there is no danger to health, safety or general welfare upon accepting a cash escrow deposit in an amount to be determined by the Enforcement Officer for the cost of said improvements. The performance bond covering such lot improvements shall remain in full force and effect.
[Ord. No. 976 §3.4, 11-25-1997]
If the applicant is unable to secure adequate or satisfactory arrangements for a performance bond, the Board of Aldermen, upon recommendation of the Planning Commission, may accept a cash escrow deposit in lieu thereof for the cost of lot improvements, in an amount to be determined by the Enforcement Officer, provided there is no danger to health, safety or general welfare upon accepting a cash escrow deposit for the cost of said improvements. The escrow deposit shall be sufficient to cover the cost of the improvements.
[Ord. No. 976 §3.5, 11-25-1997]
All required improvements for which escrow monies have been accepted by the Enforcement Officer at the time of issuance of a certificate of occupancy shall be installed by the developer within a period of nine (9) months from the date of deposit and issuance of the certificate of occupancy. In the event that said improvements have not been properly installed at the end of said time period, the Enforcement Officer shall give two (2) weeks written notice to the developer requiring him to install same and in the event that same are not installed properly in the discretion of the Enforcement Officer, the Enforcement Officer may request the Board of Aldermen to authorize the City to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the Enforcement Officer, the developer shall obtain and file with the Enforcement Officer prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the Enforcement Officer to install the improvements at the end of the nine (9) month period in the event that the same have not been duly installed by the developer.
[Ord. No. 976 §3.6, 11-25-1997]
The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the Board of Aldermen.
[Ord. No. 976 §3.7, 11-25-1997]
A. 
The Planning Commission may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all such 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 inadequacy or lack of connecting facilities.
B. 
Whenever it is deemed necessary by the Planning Commission to defer the construction of any improvement required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities or for other reasons, the developer shall pay his share of the costs of the future improvements to the City prior to signing of the final division plat or the developer may post a bond insuring completion of said improvements upon demand of the City.
[Ord. No. 976 §3.8, 11-25-1997]
A. 
No certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the improvements and dedication of same to the City, as required in the Planning Commission's final approval of the subdivision plat. In general, the extent of said street improvement shall be adequate for vehicular access by the prospective occupant and by police and fire equipment, prior to the issuance of an occupancy permit. The developer shall, at the time of the dedication, submit monies in escrow to the City in a sum determined by the Board of Aldermen for the necessary final improvement of the street.
B. 
No building permit shall be issued for the final twenty percent (20%) of lots in a subdivision or if twenty percent (20%) be less than four (4), for the final four (4) lots of a subdivision, until all public improvements required by the Planning Commission for the plat have been fully completed and dedicated to the City.
[Ord. No. 976 §3.9, 11-25-1997]
A. 
Prior to acceptance by the City of Platte City of the improvements required herein, the applicant shall provide one of the following to guarantee the improvements against defects in workmanship and materials and providing for any required repairs for the first three (3) years after the date of acceptance of such improvements:
1. 
Maintenance bond issued by a bonding company approved by the City.
2. 
Cash deposited in escrow from which the applicant would be entitled to any interest income.
3. 
Irrevocable letter of credit.
B. 
Such guarantee shall be in an amount equal to one hundred percent (100%) of the estimated cost of the improvements.