[Ord. No. 18-12, 12-11-2018]
A.
Completion Of Improvements. Before the final plat is signed by the
City Clerk, all applicants shall be required to complete, to the satisfaction
of the City Engineer, all street, water, wastewater 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 Board of Aldermen. Applicants shall
also be required to dedicate said public improvements, free and clear
of all liens and encumbrances, on the dedicated property.
B.
Subdivision Improvement Agreement. After the construction plans have
been approved, but before the recording of the final subdivision plat,
the applicant must either:
1.
Complete the improvements under the inspection of the appropriate
inspecting agency and in accordance with the approved construction
plans, establish a maintenance agreement and provide a deposit to
guarantee maintenance of such improvements as required herein, or
2.
Post a lender or escrow agreement insuring or guaranteeing the
installation of said improvements (construction guarantee) and a separate
deposit amount for maintenance obligations (maintenance guarantee)
as required herein for the improvements shown on the approved construction
plans within the improvement completion period approved by the Board
of Aldermen, which shall not exceed two (2) years. The lender or escrow
agreement shall:
a.
Be prepared on forms approved by the Board of Aldermen for this
purpose. All forms shall require the City Engineer's signature.
b.
Insure or guarantee the construction and completion of the required
improvements, as set forth in the approved construction plans, based
on the cost estimate prepared by the developer's engineer that is
approved by the City Engineer.
c.
The escrow sums shall be held in a special account by the lender
or escrow holder subject to audit by the City or its agent.
C.
Construction Guarantee. The construction guarantee shall be in an
amount equal to one hundred ten percent (110%) of the estimated cost
of completion of the required improvements. The maintenance guarantee
shall be in an amount equal to ten percent (10%) of the estimated
cost of completion of the required improvements.
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The estimated sum shall be held by the lender or escrow holder,
according to the lender or escrow agreement, until the City Engineer
approves its release. Authorization shall be written and addressed
to the escrow holder or the lender authorizing disbursement by the
escrow holder or the lender for the payment of the improvements guaranteed,
as the work progresses, and when approved by the City Engineer. At
no time will the amount in the escrow account to be released depreciate
the account to less than the cost of completing said remaining improvements
and storm sewer/management system improvements. This sum shall be
determined by using current market value of the materials and labor.
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D.
Release Of Escrow. After an inspection of any improvements, the City
Engineer, at his or her discretion, may release up to ninety-five
percent (95%) of the estimated sum for the construction of specific
improvements in accordance with the Subdivision Regulations and as
approved by the City Engineer.
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Irrespective of any discretionary prior releases that may be
authorized by the City Engineer after completion of any component
of the guaranteed improvements (i.e., less than all of the improvement
in a given category), the remaining amount held for any category of
improvements shall be released within thirty (30) days of completion
of all of the improvements in such category of improvement, minus
a retention of five percent (5%) which shall be released only upon
completion of all improvements for the subdivision. The City Engineer
shall establish the improvement categories, which may consist of improvement
components or line items, to be utilized for calculation of the deposit
amounts, but such categories, components and line items shall in no
way modify or reduce the developer's guarantee as to all required
improvements, irrespective of any release or completion of any category
or underlying component or line item.
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All improvements in a category shall be deemed complete when
all of the following have occurred:
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1.
Each and every component and line item within a category for
the entire subdivision has been constructed and completed as required,
2.
The developer has notified the City Engineer, in writing, of
the completion of all components of the category, provided all necessary
or requested documentation and requests an inspection,
3.
The developer is not in default or in breach of any obligation
to the City under this Section, including, but not limited to, the
City Engineer's demand for maintenance or for deposit of additional
sums for the subdivision, and
4.
The inspection has been completed and the results of the inspection
have been approved in writing by the City Engineer.
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If it is necessary, at the sole discretion of the City Engineer,
to repair or correct construction of street or storm sewer improvements,
the City may use escrowed funds for that purpose and may independently
make such repair or correction without notice to the developer. No
funds shall be released until such repairs or corrections have been
inspected and approved. The developer shall complete all improvements
within two (2) years from the date the escrow is deposited or the
lender signs the lender agreement. If the developer abandons the subdivision
or fails to complete within two (2) years from the date that the developer
executes the escrow or lender agreement, the City may independently
complete the improvements. If it is necessary for the City to complete
the improvements, it may contract with any builder or contractor without
requesting bids and without notice to the developer. The lender must
disburse escrowed funds for this purpose at the City's instruction.
If the lender disburses at the City's instruction, it will have no
obligation to verify the completion of the work or the accuracy of
the City's accounting in completing the improvements. The developer
will have no claim against the lender for any improper or unauthorized
disbursement so long as the lender complies with the City's instructions.
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E.
Maintenance Guarantee. The deposit required of a developer for maintenance
obligations shall be in the amount of ten percent (10%) of the estimate
of the cost approved by the City Engineer of construction, completion
and installation of the required improvements. The maintenance deposit
shall be established by a lender or escrow agreement. Upon commencement
of installation of the required improvements within the subject subdivision,
the developer shall be responsible for the maintenance of the improvements,
including undeveloped lots, streets, sidewalks, common areas and storm
and drainage facilities, until the sooner of the:
1.
Expiration of eighteen (18) months after acceptance for public
maintenance of the specific improvement by the City, or
2.
Expiration of eighteen (18) months after occupancy of ninety-five
percent (95%) of all the lots in the subdivision plat(s) subject to
the deposit agreement.
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Maintenance shall include repair or replacement of all defects,
deficiencies and damage to the improvements that may exist or arise,
abatement of nuisances caused by such improvements, removal of mud
and debris from construction, erosion control, grass cutting, removal
of construction materials (except materials to be used for construction
on the lot or as permitted by the site plan) and street de-icing and
snow removal. All repairs and replacement shall comply with City specifications
and standards. Any maintenance of improvements accepted by the City
for public dedication shall be completed under supervision of and
with the prior written approval of the City Engineer. The maintenance
obligation for required improvements to existing public streets or
other existing public infrastructure already maintained by a public
government entity shall terminate on and after the date such improvements
have been inspected, deposit released and accepted by the Governing
Body of the governmental entity dedication. Irrespective of other
continuing obligations, the developer's street de-icing and snow removal
obligations shall terminate on the date a street is accepted by the
City for public maintenance.
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The maintenance deposit shall be retained by the City to guarantee
maintenance of the required improvements and, in addition to being
subject to the immediate order of the City Engineer, to defray or
reimburse any cost to the City of maintenance repairs of improvements
related to the subdivision which the developer fails or refuses to
perform. Such costs shall include off-site drainage caused by deficiencies
in the improvements or failure of maintenance. Except in emergency
circumstances or where action is otherwise required before written
notice can be provided, the City Engineer shall provide the developer
with a written demand and opportunity to perform the maintenance before
having such maintenance performed by the City. The City Engineer shall
have the authority to require the maintenance deposit to be placed
or replenished by the developer in any form permitted for an original
deposit where the amount remaining is determined to be insufficient
or where the maintenance deposit was drawn upon by the City for maintenance.
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In determining the amount of maintenance deposit that shall
continue to be held, portions of the deposit amount that were attributable
to improvement that have been accepted by any third (3rd) party governmental
entity or utility legally responsible for the maintenance of the improvement
may be released upon such acceptance of the improvement by the entity.
The City Engineer may approve such further releases if it is determined
in his or her discretion, after inspection of the improvements, that
the total maintenance amount retained is clearly in excess of the
amount necessary of completion of the maintenance obligation, after
all reasonable contingencies are considered.
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Upon expiration of the maintenance obligation established herein,
the City Engineer shall cause a final inspection to be made of the
required improvements. If no defects or deficiencies are found by
the City Engineer and all other obligations are shown to be satisfied
on inspection thereof, the City Engineer and all other obligations
are shown to be Aldermen to approve the final release of the maintenance
guarantee. This release shall in no way be construed to indemnify
or release any person from any civil liability that may exist for
defects or damages caused by any construction, improvement or development
for which any deposit has been released.
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F.
Costs Of Improvements. All required improvements shall be made by
the applicant, at their expense, without reimbursement by the City.
G.
Governmental Units. Governmental units 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.
H.
Subdivisions Lacking Subdivision Improvement Agreements. For subdivisions
for which no subdivision improvement agreement has been executed and
no security has been posted, if the improvements are not completed
within the period specified by the Board of Aldermen in the resolution
approving the plat, preliminary plat approval shall be deemed to have
expired.
I.
Acceptance Of Dedication Offers. Acceptance of formal offers of dedication
of streets, public areas, easements and parks shall be by ordinance
of the Board of Aldermen. The approval of a subdivision plat, whether
preliminary or final, shall not be deemed to constitute or imply the
acceptance by the City of any street, easement or park shown on the
plat. The Planning and Zoning Commission or the Board of Aldermen
shall require a plat to be endorsed with appropriate notes to this
effect.
[Ord. No. 18-12, 12-11-2018]
A.
Inspection Fee Deposit. Prior to the start of any construction, the
developer shall submit an inspection fee deposit with the City Treasurer,
a sum for the purpose of paying for all inspection fees and expenses
incurred by the City. The sum shall be determined by applying the
inspection rates that are described in the "Weldon Spring Fee Schedule,"
copies of which are available at City Hall and on the City's website
(www.weldonspring.org). The City may draw down on this deposit for
the cost of inspections and related engineering services at the current
billed rate of the City Engineer. The City Engineer, at his or her
sole discretion, may require additional deposits based on an estimate
of the time required for inspections. After the City approves and
accepts all improvements and determines that no additional work needs
to be completed or corrected, including any final inspections or expenditures
required in the post construction year (when funds have been retained
for repair or correction), any remaining funds will be returned to
the developer or released to the lender. The City will bill the developer
for all engineering services that exceed the deposit amount. A forty-eight
(48) hour notice will be given to the City Engineer regarding any
requested inspections.
B.
Release Or Reduction Of Security. The Board of Aldermen will not
accept public maintenance of required improvements or release or reduce
the amount of any security posted by the applicant, until the City
Engineer has indicated that all required improvements have been satisfactorily
completed and until:
1.
The applicant's engineer or surveyor has certified to the City
Engineer, through submission of a detailed "as-built" survey plat
of the subdivision indicating location, dimensions, materials and
other information required by the City Engineer, that the layout of
the line and grade of all public improvement are in accordance with
construction plans for the subdivision; and
2.
A title insurance policy has been furnished to and approved
by the City Attorney indicating that the improvements 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
by the City Engineer, the Board of Aldermen shall accept the improvements
for dedication in accordance with the established procedure.
[Ord. No. 18-12, 12-11-2018]
The applicant shall maintain all required public improvements
on the individual subdivided lots until the lots are sold and provide
for snow removal on streets and sidewalks until maintenance of the
streets is turned over to the homeowners' association or the City
when streets are to be maintained by the City.
[Ord. No. 18-12, 12-11-2018]
A.
The Board of Aldermen may defer or waive at the time of final approval,
subject to appropriate conditions, the provision of any or all public
improvements that, in their judgment, are not requisite in the interests
of the public health, safety and general welfare or which are inappropriate
because of the inadequacy or non-existence of connecting facilities.
Any determination to defer or waive the provision of any public improvement
must be made on the record and the reasons for deferral or waiver
also shall be expressly made on the record.
B.
Whenever it is deemed necessary by the Board of Aldermen 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 applicant shall pay
their share of the costs of the future improvements to the City prior
to the signing of the final plat by the City Clerk or the applicant
may execute a separate subdivision improvement agreement secured by
a cash escrow guaranteeing completion of the deferred improvements
upon demand of the City.
[Ord. No. 18-12, 12-11-2018]
A.
When a subdivision improvement agreement and security have been required for a subdivision, no land use permit for any building in the subdivision shall be issued prior to the completion of the required public improvements, as required by the Board of Aldermen's approval of the final plat, except as provided for in Section 410.360.
B.
The extent of street improvement shall be adequate for vehicular
access by the prospective occupant(s) and by police and fire equipment
prior to the issuance of a land use permit.
C.
No building permit shall be issued for the final ten percent (10%)
of lots in a subdivision or if ten percent (10%) is less than two
(2), for the final two (2) lots of a subdivision, until all public
improvements required by the Board of Aldermen for the subdivision
have been fully completed.
[Ord. No. 18-12, 12-11-2018]
A.
No land use permit or building permit shall be granted or issued
if an applicant or their authorized agent has violated any Federal,
State or local law pertaining to:
B.
With respect to any lot or parcel of land described in the immediately
preceding Section, if a land use permit or building permit has been
granted or issued, it may be revoked by the City until a court of
competent jurisdiction orders otherwise, provided that in no event
shall the rights of intervening innocent third (3rd) parties who have
assumed occupancy be prejudiced by any such revocation.
C.
Any violation of a Federal, State or local consumer protection law, including, but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; State "Blue Sky" laws; State subdivision disclosure acts; or any conflicts of interest Statute, law or ordinance shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in Section 410.130.
