[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.
7. 
All sureties provided as a performance guarantee shall comply with the requirements established in Section 425.440.
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.