Before the final plan is signed and made ready for recording
or prior to the issuance of any permits needed for construction or
occupancy of any subdivision or land development, all applicants are
required to complete to the satisfaction of City Council or ensure
the completion of all required public improvements in manner set forth
in this article.
When City Council accepts dedication of required improvements
following their completion or certifies project completion, City Council
may require posting of financial security by the applicant to secure
the structural integrity and functioning of these improvements in
accordance with the design and specifications as depicted on the approved
final plan.
A. Said financial security shall be of the same type as otherwise required by §
315-53, herein.
B. The amount of financial security shall be 15% of the actual cost
of installation of the improvements.
C. The term of the guarantee shall be 18 months from the date of acceptance
of dedication or certification of project completion.
Where the maintenance of improvements is to be the responsibility
of individual lot owners, a homeowners' association or similar
entity, or an organization capable of carrying out maintenance responsibilities,
City Council shall require that maintenance responsibilities be set
forth in perpetual covenants or deed restrictions binding on the landowners'
successors in interest, and may further require that an initial maintenance
fund be established in a reasonable manner.
Before City Council shall cause its approval to be endorsed
upon the final plans of any subdivision or land development (except
in the case of minor subdivisions wherein City Council may impose
no condition or conditions for the approval of the plan), and as a
requirement for the approval thereof, the owners shall enter into
a written agreement with the City in the manner and form set forth
by the City Solicitor which shall include but not be limited to the
following:
A. To construct or cause to be constructed or installed, at the owner's
expense, all streets, curbs, sidewalks, fire hydrants, streetlights,
stormwater facilities, water and sewer facilities, street signs, monuments,
capped sewers, parks, landscaping, line painting, and other improvements
shown the final plan when required to do so by City Council in accordance
with the standards and specifications of the City.
B. To maintain at the owner's expense all streets, curbs, sidewalks,
stormwater facilities, water and sewer facilities, street signs, parks,
monuments, fire hydrants, streetlights, capped sewers, line painting,
landscaping, and other improvements, until the same are accepted or
condemned by the City for public use, and for a period of 18 months
thereafter to repair and reconstruct the same of any part of one of
them when such repair or reconstruction shall be specified by City
Council as necessary by reason of faulty construction, workmanship,
or materials, or the structural integrity or functionality of the
improvements are not satisfactory as determined by the City or City
Engineer.
C. To pay all costs, charges, or rates of the utility furnishing electric
service for the lighting of the streets on or abutting said subdivision,
from the lights installed by the owner, until such time as the streets
shown on the subdivision plans shall be accepted as public streets
of the City by ordinance (or resolution), and to indemnify and hold
harmless the City from and against all suit, actions, claims, and
demands for electric service to the streets shown on said plans, or
any part thereof, to the time that said streets shall be accepted
as public streets of the City in the manner hereinabove set forth.
D. Pay the inspection fees required by the City.
E. To obtain the easements and releases required when any street, drainage
facility or other improvement wherein a subdivision abuts or traverses
land of persons other than the person holding legal title to the lands
of the subdivision at his own cost, and obtain from the owner of the
lands so abutted or traversed full releases from all damages which
may change in grade, construction, or otherwise, of the street, drainage
facility or other improvements and such releases shall insure to the
benefit not only of the owner of the subdivision but to the City as
well.
F. To promptly remove or cause to be removed snow from the streets as
may be required for safe traverse of the streets prior to dedication.
G. To promptly reimburse to the City reasonable Solicitor's and
Engineer's fees.
H. To provide in a timely manner, all construction and shop drawings
and plans, including a full set of as-built plans in paper and in
appropriate electronic format as specified by the City Engineer.
I. Such other provision(s) as deemed necessary or desired by City Council.