[R.O. 2004 § 410.320; Ord. No. 2.56 § 3(Art. 7 § 7.01), 1-9-2001; Ord. No. 2.98 § 1, 5-11-2004; Ord. No. 2.108 § 1, 8-9-2005]
A. Completion Of Improvements. Before the
final subdivision plat is signed by the City, all applicants shall
be required to complete, in accordance with the approved construction
drawings and to the satisfaction of the City Engineer, all the street,
sanitary and other public improvements, including lot improvements
on the individual lots of the subdivision, as required in these regulations,
specified in the final plat and as approved by the Planning and Zoning
Commission and to dedicate those public improvements to the City of
Mount Vernon free and clear of all liens and encumbrances on the dedicated
property and public improvements. The applicant shall covenant to
maintain each required public improvement for a period of one (1)
year following the acceptance of the Governing Body of the dedication
of that completed public improvement. In addition, the covenant shall
warrant that all required public improvements will be free from defect
for a period of two (2) years following acceptance by the Governing
Body of the last completed public improvement.
B. Subdivision Improvement Agreement And Guarantee.
1.
Agreement. The Governing Body in
its sole discretion may waive the requirement that the applicant complete
and dedicate all public improvements prior to the signing of the final
plat and, as an alternative, permit the applicant to enter into a
subdivision improvement agreement by which the subdivider covenants
to complete all required public improvements no later than two (2)
years following the date of the approval of the improvement agreement.
The applicant shall covenant to maintain each required public improvement
for a period of one (1) year following the acceptance by the Governing
Body of the dedication of that completed public improvement. In addition,
the covenant shall warrant that all required public improvements will
be free from defect for a period of two (2) years following the acceptance
by the Governing Body of the last completed public improvement. The
subdivision improvement agreement shall contain such other terms and
conditions agreed to by the applicant and the Governing Body.
2.
Covenants To Run. The subdivision
improvement agreement shall provide that the covenants contained in
the agreement shall run with the land and bind all successors, heirs
and assignees of the subdivider. The subdivision improvement agreement
will be adopted by the Governing Body and shall be recorded in the
office of the Lawrence County Recorder of Deeds.
3.
Security. Whenever the Governing
Body permits an applicant to enter into a subdivision improvement
agreement, it shall require the applicant to provide a cash escrow
or letter of credit as security for the promises contained in the
subdivision improvement agreement. The security shall be in an amount
equal to one hundred fifty percent (150%) of the estimated cost of
completion of the required public improvements, including lot improvements.
The escrow agent shall be acceptable to the Governing Body.
a.
Cash Escrow. The escrow instructions
shall provide:
(1) That the subdivider will have no right to a return of any of the funds except as provided in Section
410.340(E)(2); and
(2) That the escrow agent
shall have a legal duty to deliver the funds to the City whenever
the City Attorney presents an affidavit to the agent attesting to
the City's right to receive funds whether or not the subdivider protests
that right. If and when the Governing Body accepts the offer of dedication
for the last completed required public improvement, the Governing
Body shall execute a waiver of its right to receive all but twenty-five
percent (25%) of the funds represented by the cash escrow if the subdivider
is not in breach of the subdivision improvement agreement. The residual
funds shall be security for the subdivider's covenant to maintain
the required public improvements and its warranty that the improvements
are free from defect.
b.
Letter Of Credit. Letter of credit
shall provide:
(1) That the subdivider will have no right to return any of the funds obtained by the City pursuant to the terms of the letter of credit except as provided in Section
410.340(E)(2); and
(2) That the financial institution
issuing the letter of credit shall have the legal duty to deliver
funds thereunder to the City whenever the City Attorney presents an
affidavit to the lending institution attesting to the City's right
to receive funds whether or not the subdivider protests that right.
If and when the Governing Body accepts the offer of dedication for
the last completed required public improvement, the Governing Body
shall execute a waiver of its right to receive the funds represented
by the letter of credit.
C. Temporary Improvement. The applicant shall
build and pay for all costs of temporary improvements required by
the Planning and Zoning Commission and shall maintain those temporary
improvements for the period specified by these regulations. Prior
to construction of any temporary facility or agreement and cash escrow
in an appropriate amount for temporary facilities, which improvement,
the developer shall file with the Governing Body a separate subdivision
improvement agreement and escrow shall ensure that the temporary facilities
will be properly constructed, maintained and removed.
D. Costs Of Improvements. All required improvements
shall be made by the developer, at its expense, without reimbursement
by any improvement district except that, as is allowed under State
law, the developer may form or cause to be formed a benefit district
or districts to construct and finance the construction of required
public improvements excluding lot improvements on individual lots.
If the subdivider does form or cause to be formed a benefit district
for the purposes identified in this Section, the Governing Body of
the City shall not release the subdivider from its obligations under
any improvement agreement nor shall the Governing Body of the City
release any security, in whole or in part, until the benefit district
has sold bonds or otherwise certifies to the Governing Body of the
City that it has an absolute right to raise revenues sufficient to
construct, maintain and warrant the quality of the required public
improvements.
1.
City shall provide labor and pay
for all material to install a complete electrical system in subdivision,
including, but not limited to, underground primary, conduit, vaults,
meter pedestals, street lighting and all necessary appurtenances.
2.
Development shall reimburse the City,
excluding costs for labor, one hundred percent (100%) of materials
costs to effect the above-described improvements. The date and time
of reimbursement from developer to City shall be as agreed upon by
and between the City and developer; however, date of reimbursement
shall be no later than the date of the acceptance of final plat by
City ordinance.
3.
A per lot cost of improvements shall
be determined by City after review of preliminary plat and notice
to proceed to final plat.
4.
City shall reimburse developer at
the rate of seventy percent (70%) of predetermined per lot cost, said
reimbursement to be paid by City to developer only after certificate
of occupancy has been issued by Building Inspector. No reimbursement
shall be made from City to developer after a date five (5) years from
the date of acceptance of final plat by City ordinance.
E. Governmental Agencies. Governmental agencies
to which these contract and security provisions apply may file, in
lieu of the contract and security, a certified resolution or ordinance
from officers or agencies authorized to act in their behalf agreeing
to comply with the provisions of this Article.
F. Failure To Complete Improvement. For subdivisions
for which no subdivision improvement agreement has been executed and
no security has been posted, if the improvements are not completed
within one (1) year of the date of approval of the final plat, the
final plat approval shall be deemed to have expired. In those cases
where a improvement agreement has been executed and security has been
posted and required public improvements have not been installed within
the terms of the agreement, the Governing Body may then:
1.
Declare the agreement to be in default
and require that all the improvements be installed regardless of the
extent of the building development at the time the agreement is declared
to be in default;
2.
Suspend final plat approval until
the improvements are completed and record a document to that effect
for the purpose of public notice;
3.
Obtain funds under the security and
complete improvements itself or through a third party;
4.
Assign its right to receive funds
under the security to any third party, including a subsequent owner
of the subdivision for which improvements were not constructed, in
whole or in part, in exchange for that subsequent owner's promise
to complete improvements in the subdivision;
5.
Exercise any other rights available
under the law.
G. Acceptance Of Dedication Offers. Acceptance
of formal offers of dedication of streets, public areas, easements
and parks shall be by ordinance of the Governing Body. The approval
of a subdivision plat by the Planning and Zoning Commission, whether
preliminary or final, shall not be deemed to constitute or imply the
acceptance by the municipality of any street, easement or park shown
on plat.
[R.O. 2004 § 410.330; Ord. No. 2.56 § 3(Art. 7 § 7.02), 1-9-2001]
A. The Governing Body may defer public improvements,
subject to appropriate conditions, when, in its judgment, such improvements
are not requisite in the interests of the public health, safety and
general welfare or that are inappropriate because of the inadequacy
or in existence of connecting facilities. Any determination to defer
the provision of any public improvement must be made on the record
and the reasons for the deferral or waiver also shall be expressly
made on the record.
B. Whenever it is deemed necessary by the
Governing Body to defer the construction of any improvement required
under these regulations because of incompatible grades, future planning,
inadequate or non-existent connecting facilities or for other reasons,
the subdivider shall pay his/her share of the costs of the future
improvements to the City prior to signing of the final subdivision
plat by the Mayor. As an alternative, the Governing Body may accept
a separate improvement agreement secured by a letter of credit guaranteeing
completion of the deferred improvements as specified by the Governing
Body.
C. In addition to providing financial assurance
for the future completion of deferred improvements, the subdivider
shall submit a covenant of non-opposition to the future construction
of the deferred improvements. Such covenant shall run with the land
and bind all successors, heirs and assignees of the subdivider.
[R.O. 2004 § 410.340; Ord. No. 2.56 § 3(Art. 7 § 7.03), 1-9-2001]
A. General Procedure And Fees. All improvements
constructed or erected shall be subject to inspection by the office
of the Building Inspector.
[Ord. No. 2.169 § 1, 6-24-2014]
B. Inspection Procedure. After proper notice
is received, the City Inspector shall conduct an on-site inspection
to determine that the work compiles with the approved construction
drawings and specifications. If the said inspector determines that
such work does not comply with the approved construction drawings
and specifications, said inspector shall so notify the subdivider
and may require the subdivider to terminate all further work until
necessary steps are taken to correct any defect, deficiency or deviation
to the satisfaction of said inspector. Upon the correction of such
defect, deficiency or deviation, the subdivider shall notify the inspector
for a reinspection.
C. Final Inspection. Upon completion of all
improvements within the area covered by the final plat, the subdivider
shall notify the City Inspector who shall thereupon conduct a final
inspection of all improvements installed.
D. As-Built Drawings. Before acceptance of
any public improvement project, the applicant shall provide the City
Inspector with one (1) original set on mylar, one (1) copy of the
original set and an electronic copy of the as-built drawings. Electronic
copies shall be in a format compatible with the City's designated
software.
The drawings must include results
of a post-construction survey. The post-construction survey shall
include, but shall not be limited to, the following:
1.
Elevation of all structures, including
sanitary sewer manholes, storm sewer inlets, pipe inverts and structure
top elevations;
2.
Final adjusted stationing of all
structures, including, but not limited to, valves, hydrants and blowoff
assemblies; and
3.
Final adjusted contours as featured
in the grading and drainage plans.
The as-built drawings must include
a signed engineer's certification stating that the drawings are as-built
and conform to construction records and post-construction survey information.
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E. Formal Acceptance And Release Or Reduction
Of Security.
1.
Certificate Of Satisfactory Completion.
The Governing Body will not accept dedication of required improvements,
nor release nor reduce the amount of any security posted by the subdivider,
until the City Engineer has submitted a certificate stating that all
required improvements have been satisfactorily completed; and until
a.
The applicant's engineer or surveyor has certified to the City Engineer, through submission of a detailed as-built drawing as required by Section
410.340(D), that the layout of the line and grade of all public improvements is in accordance with construction drawings for the subdivision; and
b.
A title insurance policy has been
furnished to and approved by City Attorney indicating that the improvements
have been completed, are ready for dedication to the local government
and are free and clear of any and all liens and encumbrances.
Upon such approval and recommendation
by the City Engineer and City Attorney, the Governing Body shall thereafter
accept the improvements for dedication. The Governing Body shall so
notify the subdivider in writing, the final plat shall be signed by
the Mayor and after payment of all fees required, the subdivider may
file the subdivision with the Lawrence County Recorder of Deeds.
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2.
Reduction Of Escrowed Funds And Security.
The amount of the escrow shall be reduced upon actual acceptance of
the dedication of public improvements and then only to the ratio that
the cost of the public improvement for which dedication was accepted
bears to the total cost of public improvements for the subdivision.
In no event shall a cash escrow be reduced below twenty-five percent
(25%) of the principal amount. Funds held in the escrow account shall
not be released to the subdivider, in whole or in part, except upon
express written instructions of the Governing Body. At the end of
the maintenance and warranty periods, all escrowed funds, if any,
shall be released to the subdivider.
[R.O. 2004 § 410.350; Ord. No. 2.56 § 3(Art. 7 § 7.04), 1-9-2001]
The developer shall be required to
maintain all required public improvements on the individual subdivided
lots and provide for snow removal on streets and sidewalks until acceptance
of the improvements by the Governing Body. If there are any certificates
of occupancy on a street not dedicated to the City, the City may on
twelve (12) hours' notice plow the street or effect emergency repairs
and charge those costs to the developer. Following the acceptance
of the dedication of any public improvement, the Governing Body may,
in its sole discretion, require the subdivider to maintain the improvement
for a period of one (1) year from the date of acceptance.
[R.O. 2004 § 410.360; Ord. No. 2.56 § 3(Art. 7 § 7.05), 1-9-2001]
A. Building Permits. Unless the required improvements have been installed and accepted by the Governing Body or guaranteed according to Section
410.210 for a lot or tract, no building permits shall be issued for that lot or tract.
B. Occupancy Permits. No occupancy permit
shall be issued until all improvements have been installed and accepted
by the Governing Body.
[R.O. 2004 § 410.370; Ord. No. 2.56 § 3(Art. 7 § 7.06), 1-9-2001]
A. Acceptance Of Escrow Funds. Whenever, by
reason of a period of inclement weather or the season of the year,
any improvements required by the subdivision regulations cannot be
performed, the Building Inspector may 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 equal to one hundred
fifty percent (150%) of the estimated cost of completion of the lot
improvements. The subdivision improvement agreement and security covering
the lot improvements shall remain in full force and effect.
B. Procedures On Escrow Fund. All required
improvements for which escrow monies have been accepted by the Building
Inspector at the time of issuance of a certificate of occupancy shall
be installed by the subdivider as soon as weather permits and in no
case more than a period of nine (9) months from the date of deposit
and issuance of the certificate of occupancy. If the improvements
have not been properly installed at the end of the time period, the
Building Inspector shall give two (2) weeks written notice to the
developer requiring it to install the improvements and if they are
not then installed properly, the Building Inspector may request the
Governing Body 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
Building Inspector, the developer shall obtain and file with the Building
Inspector prior to obtaining the certificate of occupancy a notarized
statement from the purchaser or purchasers of the premises authorizing
the Building Inspector to install the improvements at the end of the
nine-month period if the improvements have not been duly installed
by the subdivider.