[R.O. 1991 § 425.320; Ord. No. 2901-14 § 1, 8-5-2014]
The subdivider shall install all
required improvements in accordance with City standards and specifications
or provide an acceptable performance guarantee and provide an acceptable
maintenance guarantee prior to the recording of the final plat.
[R.O. 1991 § 425.330; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Upon the approval of the preliminary plat, the subdivider shall have prepared by a licensed professional engineer (which may be contracted for with any governmental agency or utility) engineering drawings for proposed required improvements containing the data and information specified in Subsection (A)(1). Such drawings shall be certified by a licensed professional engineer and shall be submitted in duplicate to the City at least thirty (30) days prior to the date that approval of the final plat is requested. Failure to do so will be considered automatic consent by the subdivider to a waiver or an extension of waiver of any time limitation for plat approval.
1.
Content Of Engineering Drawings.
Engineering drawings for required improvements shall contain the following
data and information:
a.
Plans, profiles, details, specifications
and cost estimates for roadway and sidewalk construction, including
plans and profiles for each street with a typical cross section of
the roadway. The profiles of grade lines shall be shown to a scale
of one (1) inch equals one hundred (100) feet horizontal and one (1)
inch equals ten (10) feet vertical. This information shall be shown
on standard plan and profile sheets unless otherwise required.
b.
Plans, profiles, details, specifications
and cost estimates of proposed storm drainage improvements.
c.
Plans, profiles, details, specifications
and cost estimates of proposed water distribution systems and proposed
water supply facilities and water hydrants, if any.
d.
Plans, profiles, details, specifications
and cost estimates of sewerage systems and of any required sewage
treatment facilities.
e.
Grading plans for all lots and other
sites in the subdivision.
f.
When unusual site conditions exist,
the City may require such additional plans, specifications and drawings
as may be necessary for an adequate review of the improvements to
be installed.
g.
All plans shall be based on City
USGS datum for vertical control.
2.
Review Of Plans. The City Official
or agency responsible for determining specifications and standards
shall review all engineering drawings in order to determine whether
such drawings are consistent with the approved preliminary plat and
comply with their design standards. If such drawings are consistent
and in compliance, the reviewing official shall forward to the Planning
and Zoning Commission a notice that such drawings do so conform and
comply. In the event that the drawings do not so conform or comply,
the reviewing official shall notify the subdivider of the specific
manner in which such drawings do not so conform or comply. The subdivider
may then correct such drawings. If such drawings are not corrected,
the reviewing official shall forward to the Planning and Zoning Commission
a notice as to the items of non-conformity or non-compliance.
3.
Approval By Planning and Zoning Commission.
The Planning and Zoning Commission shall approve a final plat only
when the approval of the reviewing official and notice therefrom has
been received indicating that the plans and engineering drawings have
been approved and filed with the City.
[R.O. 1991 § 425.340; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Completion Of Improvements. Before the
final plat is signed or released for recording, all applicants may
be required to complete, to the satisfaction of the City, all the
street, sanitary and other improvements required in this Chapter and
to dedicate the same to the City free and clear of all liens and encumbrances
on the property and public improvements thus dedicated.
B.
Alternative Assurances For Completion Of
Improvements. The Board of Aldermen, in its sole discretion, may waive
the requirement of completion of all public improvements prior to
releasing a final plat for recording. In lieu of actual construction,
prior to recording of the final plat, the subdivider may furnish surety
to the City in the form of a performance bond, irrevocable letter
of credit, cash bond, certificate of deposit or other approved surety
guaranteeing the installation of required improvements as provided
below:
1.
The amount of the surety shall be
for one hundred twenty-five percent (125%) of the full cost of construction
and its term shall be a minimum of twelve (12) months.
2.
Said surety shall be properly executed
prior to any grading or construction of any improvement intended to
be so secured.
3.
Said surety shall be properly executed
prior to recording the final plat.
4.
Said surety shall remain in effect
until the date of acceptance of improvements by the City.
5.
Said surety shall be released within
thirty (30) days after written acceptance by the City of such secured
improvements.
6.
In the event that required improvements
have not been installed four (4) months prior to the expiration of
said surety or within twenty-four (24) months after approval of the
final plat, whichever is less, and an extension has not been granted
by the Planning and Zoning Commission and the Governing Body, the
City shall utilize the appropriate portion of said surety to complete
construction of the improvements as proposed on the final plat.
C.
Governmental Units. Governmental units
to which these improvement and security provisions apply may file,
in lieu of the agreement and security, a certified resolution or ordinance
by the officers or directors authorized to act on their behalf, agreeing
to comply fully with all applicable provisions of these regulations.
[R.O. 1991 § 425.350; Ord. No. 2901-14 § 1, 8-5-2014]
Unless the required improvements
have been installed or guaranteed by an acceptable surety, no building
permits shall be issued.
[R.O. 1991 § 425.360; Ord. No. 2901-14 § 1, 8-5-2014]
Regardless of provision of an acceptable
surety, and the issuance of a building permit as described above,
no occupancy permits shall be issued until all required improvements
have been installed and accepted by the City of Smithville.
[R.O. 1991 § 425.370; Ord. No. 2901-14 § 1, 8-5-2014]
No improvements shall be constructed
nor shall any work preliminary thereto be done until such time as
a final plat and the engineering drawings accompanying it shall have
been approved and there shall have been compliance with all of the
requirements relating to an agreement, bond or deposit specified in
these regulations.
[R.O. 1991 § 425.380; Ord. No. 2901-14 § 1, 8-5-2014]
All improvements constructed or erected shall be subject to permits and inspection by the City or its designated representative, such permits and inspections shall be in accordance with the approved construction plans of the required improvement(s). The fees for such permits shall be in accordance with Section 425.090. The City may, upon submittal of invoices from a qualified and pre-approved inspection service, refund a portion of such fees as the City deems appropriate. The subdivider shall give at least forty-eight (48) hours' written notification to such official prior to performance of the work.
[R.O. 1991 § 425.390; Ord. No. 2901-14 § 1, 8-5-2014]
After notice is received as specified in Section 425.380, the official designated in said Section may conduct an on-site inspection from time to time to determine that the work complies with the approved engineering plans and specifications. If, in the opinion of such official, such work does not comply with such drawings, he/she shall have authority to order that all such work shall be terminated until necessary steps are taken to correct any defects or deficiencies. Upon the correction of such defects or deficiencies, the subdivider shall again notify the official as provided in Section 425.380.
[R.O. 1991 § 425.400; Ord. No. 2901-14 § 1, 8-5-2014]
Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the official designated in Section 425.380 who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider in writing of such defects, deficiencies or deviations, and the subdivider shall, at his/her sole cost and expense, correct such defects or deviations. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the official that the improvements are ready for final inspection.
[R.O. 1991 § 425.410; Ord. No. 2901-14 § 1, 8-5-2014]
When a final inspection or reinspection
indicates that all installed improvements contain no defects, deficiencies
or deviations, the inspecting official shall, within ten (10) days
of such final inspection, certify to the Planning and Zoning Commission,
the Governing Body and utility that all improvements have been installed
in conformance with the engineering plans and specifications accompanying
the final plat.
[R.O. 1991 § 425.420; Ord. No. 2901-14 § 1, 8-5-2014]
Upon certification to the Planning
and Zoning Commission and the Governing Body that all improvements
have been installed in conformance with the approved engineering drawings
and with the requirements of these regulations and all other applicable
Statutes, ordinances and regulations and that acceptable maintenance
guarantees and as-built drawings have been furnished, the Community
Development Director shall have the authority to formally accept such
improvements by written acceptance letter. The improvements shall
become the property of the City.
[R.O. 1991 § 425.430; Ord. No. 2901-14 § 1, 8-5-2014]
Prior to the acceptance of improvements
by the Governing Body, the subdivider shall file with the City Clerk
a maintenance bond guaranteeing that all installed improvements are
free from defects in workmanship and materials. The amount of the
surety shall be for fifty percent (50%) of the full cost of construction
of each improvement and its term shall be a minimum of twenty-four
(24) months after completion and acceptance of all required improvements
by the City of Smithville. Governmental units to which these improvement
and security provisions apply may file, in lieu of the agreement and
security, a certified resolution or ordinance by the officers or directors
authorized to act on their behalf, agreeing to comply fully with all
applicable provisions of these regulations.
