[Ord. No. 2018-93; 8-10-2020 by Ord. No. 2020-53]
Prior to the submission of a preliminary plan as required by § 24-302 of this Code, the owner or developer of a proposed subdivision code or planned unit development shall prepare a concept plan of such proposed subdivision code or planned unit development and consult with the City Planner for the purpose of reviewing such concept plan. The City Planner may invite other individuals or entities as he deems appropriate. The purpose of such pre-application conference is to review such concept plan which is a preliminary concept and which may, after such pre-application conference, be then refined by the owner or developer into a preliminary plan as required by § 24-302 of this Code. Said concept plan shall be drawn to engineering scale and shall show the conceptual layout of the proposed subdivision code or planned unit development including the general layout of streets, drainage, sewerage and land uses and the present location of major natural features such as streams and lakes. The City Planner, Director of Public Works and Director of Economic & Community Development shall advise the owner or developer at the pre-application conference whether the concept plan is consistent with the subdivision code principles of planning defined in the Manual of Practice for the Design of Public Improvements of the City of Bloomington[1] and with the Official Comprehensive Plan, Zoning Code, this Code and other applicable Codes of the City in order to assist the owner or developer prior to the preparation of the preliminary plan required by § 24-302 of this Code. This pre-application conference may be waived by mutual agreement between the staff and the owner or developer.
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
[Ord. No. 1998-42]
Before subdividing any land subject to requirements of this Code, the owner or developer shall comply with the following:
A. 
Submission. The owner or developer shall submit to the City Clerk, 22 paper copies of a preliminary plan in the form and providing all information required by § 24-402.
[Ord. No. 1998-42]
B. 
Filing fee. An application for approval of a preliminary subdivision code plan shall be filed with the City Clerk and be accompanied by a fee receipt reflecting payment to the City Treasurer of the fee as set forth in the Schedule of Fees. In addition to said filing fee, the owner or developer shall pay to the City Clerk the cost for the City to publish a public notice of any hearing on the preliminary plan of the subdivision code or planned unit development required to be published in a newspaper of general circulation in the City. Said cost shall be paid to the City Clerk prior to said hearing. Failure to pay such cost prior to the hearing shall result in the cancellation of such hearing.
[Ord. No. 2018-89]
C. 
Scheduling and notification of public hearing. Upon receipt of a preliminary plan and required filing fee, the City Clerk shall schedule and give notice of a legislative public hearing before the Planning Commission in the manner prescribed by § 24-302F. The legislative public hearing shall be scheduled not later than at the first regularly scheduled Planning Commission meeting occurring more than 15 days after the filing date of the preliminary plan. Such notice shall contain:
(1) 
The name of the proposed subdivision code or planned unit development and its address or commonly known location and legal description;
(2) 
A statement of what the petition is requesting the Council to approve;
(3) 
A statement of where copies of the petition, the preliminary plan or preliminary development plan and all other supporting documentation can be inspected by the public;
(4) 
A statement that all interested persons have the right to appear at the public hearing on such preliminary plan or preliminary development plan and present evidence; and
(5) 
The City Clerk on behalf of the Commission shall notify the owner or developer of the proposed subdivision code or planned unit development as to the time and place of the public hearing thereon at least 15 days prior to the date of said hearing.
[Ord. No. 1998-42]
D. 
Distribution of preliminary plan for review and comment. The City Clerk shall route one or more copies of the preliminary plan to various City staff members for review and comment. One copy of the plan shall be provided to each member of the Planning Commission and each member of the City Council prior to their respective consideration and review of the plan.
[Ord. No. 1998-42]
E. 
Administrative review and comment. The City Planner shall review said plan and shall submit a written report containing said recommendations to the Planning Commission for its consideration at the public hearing on such preliminary plan application. The City Staff shall review the preliminary plans and the City Planner will send the review comments to the owner or the developer prior to scheduling legislative hearing.
[Ord. No. 1998-42]
F. 
Legislative public hearing and recommendation. The Planning Commission shall conduct a legislative public hearing on the preliminary plan during which it shall determine the extent to which the plan conforms or fails to conform with the standards of this Code and shall no later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the plan to the City Council. The Planning Commission may recommend approval of a preliminary plan with an approval recommendation conditioned upon the making of one or more changes in the proposal, which such changes shall be enumerated in the Commission's transmittal to the City Council or may transmit the plan to the Council without recommendation. When the preliminary plan has been acted upon by the Planning Commission, the Commission shall transmit its recommendation in writing to the City Clerk as provided hereafter. If the Commission recommends approval of the preliminary plan, it shall so indicate on the copy of said Plan along with any additional requirements. Conversely, if the Commission recommends disapproval of said Plan, it shall furnish the City Council and the applicant a written statement setting forth the reason for said recommendation and specifying with particularity the aspects in which said preliminary plan fails to comply with the requirements of this Code or does not comply with the official Comprehensive Plan. Should the Planning Commission fail to act within the 30 days from the adjournment of the public hearing, or fail to adjourn the public hearing within 120 days of its commencement, the plan shall be submitted to the Council without recommendation.
[Ord. No. 1998-42]
G. 
Council approval or rejection of a proposed preliminary plan. Within 30 days after receipt of the Planning Commission recommendation or within 180 days from the filing date of the preliminary plan, whichever occurs first, the City Council shall approve or reject the proposed preliminary plan. Failure of the Council to act within the prescribed time period shall constitute approval of the preliminary plan. The City Clerk, upon approval of the preliminary plan by the City Council, shall secure a reproducible Mylar and seven paper copies showing any changes requested by the City Council of the plan from the owner/developer. The City Clerk shall then cause seven copies of the approved preliminary plan with such signatures affixed thereon to be made and shall distribute such copies in the following manner:
(1) 
One copy together with the reproducible Mylar copy shall be sent to the Director of Public Works;
(2) 
One copy shall be sent to the Director of Economic & Community Development;
[Amended 8-10-2020 by Ord. No. 2020-53]
(3) 
One copy shall be sent to the City Planner;
(4) 
One copy shall be sent to the Fire Chief;
(5) 
One copy shall be sent to the owner or developer;
(6) 
One copy shall be retained by the City Clerk for filing; and
(7) 
One copy shall be sent to appropriate Supt. of Schools.
[Ord. No. 2018-93]
H. 
Extension of time periods by mutual consent. Time periods for review by the Planning Commission or Council may be extended by mutual consent of the owner or developer and the Planning Commission or Council. Any such extension shall stay the running of all subsequent time periods.
[Ord. No. 1998-42]
I. 
Extension of preliminary plans. Approved preliminary plans or portions thereof on which no final plat has been submitted for review and approval shall expire and be of no force or effect three years after this approval, except:
(1) 
The filing of a final plat and necessary supporting documents pursuant to §§ 24-303 and 24-305 shall extend the life of a remaining valid preliminary plan for three years; or
(2) 
If the life of a preliminary plan is extended by action of the City Council.
[Ord. No. 1998-42]
[Ord. No. 1998-42]
Before subdividing any land subject to the requirements of this Code, an owner or developer shall comply with the following:
A. 
Prerequisites. Approval and continuing validity of a preliminary subdivision code plan.
[Ord. No. 1998-42]
B. 
Submission. The owner or developer shall submit to the Director of Public Works two sets of engineering plans and specifications for all public improvements proposed in or necessary to serve lots depicted in an approved preliminary plan or portion thereof, which plans and specifications shall be in the form and include the content required by § 24-403. The public improvement engineering plans and specifications shall conform to approved preliminary plans.
[Ord. No. 2018-93]
C. 
Review and approval.
(1) 
The public improvement, plans and specifications shall be reviewed and approved or disapproved by the Director of Public Works.
[Ord. No. 2018-93]
(2) 
The Director of Public Works will require the owner or developer to submit all data, plans, specifications and additional materials as may be necessary to completely and accurately determine the extent of compliance or noncompliance with the City's public improvement design standards and accepted engineering practice and to demonstrate that the construction and installation will meet or exceed all public improvement requirements as outlined in "A Manual of Practice for the Design of Public Improvements in the City of Bloomington."[1]
[Ord. No. 2018-93]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
(3) 
The public improvement plans and specifications shall be approved by Director of Public Works which meet or exceed the City subdivision code, public improvement design standards and otherwise demonstrate good and acceptable engineering design and practice.
[Ord. No. 2018-93]
(4) 
Approval or disapproval by the Director of Public Works shall be in writing and shall make reference to the public improvement plans and specifications.
[Ord. No. 2018-93]
[Ord. No. 1998-42]
The owner or developer of property desiring to install public improvements in an area depicted on a proposed or approved preliminary plan or approved or proposed final subdivision code plat shall perform such installation in accordance with the following procedure:
A. 
Prerequisites to installation.
(1) 
For installations before final plat approval:
(a) 
Approval and continuing validity of an approved preliminary plan;
(b) 
Approval of public improvement engineering plans and specifications for any and all public improvements which are to be installed.
[Ord. No. 1998-42]
(2) 
For installation after final plat approval:
(a) 
Approval of a final plat;
(b) 
Posting of a final plat, public improvement payment, performance and workmanship bond and security therefor, in the amount and form specified in § 24-406 for all public improvements depicted in, adjacent to or necessary to serve lots or outlots depicted in an area for which final plat approval has been obtained.
[Ord. No. 1998-42]
B. 
Inspection. During installation of public improvements, either before or after final plat approval, the owner or developer shall comply with the requirements of Section 1.15 of "A Manual of Practice for the Design of Public Improvements in the City of Bloomington"[1] by which the Director of Public Works shall make periodic inspections. Failure to comply and install or maintain such installations in a manner that permits inspection shall constitute grounds for rejecting or revoking preliminary plan or final plat approval, forfeiting pledged security and, in addition, shall constitute a violation of this chapter.
[Ord. No. 2018-93]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
C. 
Plan review and inspection fee. The cost incurred by the City for review of public improvement plan and specifications as required by § 24-303 of this Code and the inspection and testing of public improvements as required by § 24-304B of this Code, shall be paid by the owner or developer. Such cost shall be equal to the actual cost incurred by the City of Bloomington in labor, materials, transportation and overhead for such review, inspection and testing as calculated by the Director of Public Works. At the time such plans and specifications are filed with the Director, the owner or developer shall pay to the City a fee in an amount as set forth in the Schedule of Fees.
[Ord. No. 2018-93]
D. 
(Reserved)
[Ord. No. 1998-42]
[Ord. No. 1998-42]
Before subdividing any land, subject to requirements of this Code, an owner or developer shall comply with the following final plat submission, review and approval procedure:
A. 
Prerequisites.
(1) 
Approval and continuing validity of a preliminary subdivision code plan.
[Ord. No. 1998-42]
(2) 
Approval of the public improvement plans and specifications proposed in, adjacent to or necessary to serve lots or outlots depicted in the area for which final plat approval is sought.
[Ord. No. 1998-42]
(3) 
Prior to recording the final plat, payment of any and all applicable fees.
[Ord. No. 1998-42]
(4) 
Prior to recording the final plat, the posting of any required final plat public improvement payment, performance and workmanship bond; filing and establishment of any required adjacent street substandard roadway improvement guarantees and security; making of any required public land dedications or cash contribution in lieu thereof and obtaining and filing with the City of any off-site easements or right-of-way for public improvements serving the site.
[Ord. No. 1998-42]
B. 
Submission. The owner or developer shall submit to the City Clerk two reproducible Mylars, 16 paper prints and one digital computer aided drafting file copy of a Final Plat, in a form and providing all the information, data and supporting material required by § 24-404 and retaining the design characteristics of the approved Preliminary Plan and public improvement engineering plans and specifications. The two transparent Mylars shall be considered the official copy.
[Ord. No. 1998-42]
C. 
Distribution of final plat for review and comment.
(1) 
The City Clerk shall route final plat to City Staff members for review and comment as follows:
(a) 
One copy to Director of Public Works;
(b) 
One copy to City Planner.
(2) 
A copy of the final plat shall be made available to members of the City Council prior to their consideration of the plan.
[Ord. No. 2018-93]
D. 
City Council review and approval or disapproval. Within 30 days from the submission of a final plat and supporting material, the City Council shall review the final plat to determine the extent to which it conforms with the approved preliminary plan and approved public improvement plans and specifications and shall further review the supporting material to determine its conformance with the requirements of this Code. If the final plan substantially conforms with the approved preliminary plan and public improvement plans and specifications and if the supporting material meets all Code requirements, then the Council shall approve the final plat by Ordinance within 30 days from the date of its review. The Council may approve such plats subject to the subsequent posting of final plat payment, performance and workmanship bond; adjacent substandard roadway improvement guarantee, and related security documents and reserves. If the final plat does not in some way substantially conform with the approved preliminary plan or if the supporting material does not conform with all Code requirements, then the Council, within 30 days from the date of its review, shall take one of the following actions:
(1) 
By ordinance, approve the final plat.
(2) 
By ordinance, approve the final plat with conditions.
(3) 
By ordinance, disapprove the final plat.
(4) 
Refer the final plat to the Planning Commission for legislative public hearing, at which time and place the Planning Commission shall determine the extent to which the final plat conforms or fails to conform with the standards of this Code. The Planning Commission shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the final plat to the City Council. Within 60 days from the receipt of the Planning Commission's recommendation with respect to the final plat, the City Council shall, by Ordinance, approve or disapprove the plat.
[Ord. No. 1998-42]
E. 
Recording. Within seven days from the date of adoption of a Ordinance approving the final plat, or within seven days from the date on which the last event referred to this Code or characterized in the Ordinance as a prerequisite to recording of the final plat occurs, whichever is later, the City Clerk shall record a copy of the final plat, a certified copy of the Ordinance approving the Final Plat, and any supporting certificates necessary to accomplish the recording in the Office of the Recorder of Deeds of McLean County. If such final plat is not recorded within 90 days of City Council approval such plan shall become null and void.
[Ord. No. 1998-42]
F. 
Expedited final plat submission, review and approval. Notwithstanding the sequential procedure for subdivision code plan submission, review and approval specified elsewhere in this Division, an owner or developer meeting the prerequisites specified in this paragraph may utilize the expedited final plat process described herein:
(1) 
Prerequisites:
(a) 
The plat depicts a total of not more than three lots and outlots.
(b) 
The plat includes all contiguous property in common ownership or unified control.
(c) 
The proposed subdivision code shall not necessitate the construction or installation of public street improvements.
(d) 
No waivers of this Code be requested other than waivers of bonds and fees.
(e) 
The developer has approved construction plans for any public improvements needed.
[Ord. No. 1998-42]
(2) 
Submission. Any person desiring to utilize the expedited final plat procedure, shall submit the following to the City Clerk:
(a) 
A written request to waive the preliminary plan, submission, review, and approval procedure.
(b) 
Six copies of a construction plan and floodplain map (if applicable). The construction map shall show all information concerning existing and proposed utilities as required for a preliminary plan. The floodplain plan (if applicable) will outline the area in the flood hazard area.
(c) 
Two Mylar and 16 paper prints copies of the final plat in a form providing all information, data and supporting material required by § 24-404.
(d) 
A fee receipt reflecting payment to the City Treasurer of the appropriate fee as set forth in the Schedule of Fees.
[Ord. No. 2018-89]
(3) 
Distribution of final plat for review and comment. The City Clerk shall route one or more copies of the final plat to the City staff members for review and comment. One copy of the final plat shall be made available to the members of the City Council prior to their consideration of the plat. The City staff shall submit a written recommendation to the City Council prior to their consideration of the plat.
[Ord. No. 1998-42]
(4) 
City Council review, referral and approval or disapproval. Within 30 days from the submission of a final plat under this expedited review and procedure, the City Council shall review the submission to determine the extent to which it conforms with the requirements of this Code. If the material meets all Code requirements, then the Council shall approve the final plat by ordinance within 30 days from the date of its review. The Council may approve such plats subject to the subsequent payment of fees, posting of a final plat payment, performance and workmanship bond. Within 30 days from the date of its review, the Council shall take one or more of the following actions:
(a) 
By ordinance, approve the final plat;
(b) 
By ordinance, approve the final plat with conditions;
(c) 
By ordinance, disapprove the final plat;
(d) 
Require the submission of a preliminary plan.
(e) 
Refer the final plat to the Planning Commission for legislative public hearing, at which time and place the Planning Commission shall determine the extent to which the final plat conforms with the standards of this Code. The Planning Commission shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the final plat to the City Council. Within 60 days from the receipt of the Planning Commission recommendation with respect to such final plat, the Council shall, by Ordinance, approve or disapprove same.
[Ord. No. 1998-42]
(5) 
Conformance with other requirements. Except as provided in this section, the recording of final plats, the posting of bonds, the submission of as-built plans and the release of bonds shall be as provided in this chapter.
[Ord. No. 1998-42]
A. 
Prerequisites.
(1) 
Approval and continuing validity of a preliminary planned unit development plan.
[Ord. No. 1998-42]
(2) 
Approval of the public improvement plans and specifications proposed in, adjacent to or necessary to serve lots or outlots depicted in the area for which final plat approval is sought.
[Ord. No. 1998-42]
(3) 
Prior to recording the final planned unit development plan payment of any and all applicable fees.
[Ord. No. 1998-42]
(4) 
Prior to recording the final plat, the posting of any required final plat public improvement payment, performance and workmanship bond; filing and establishment of any required adjacent street substandard roadway improvement guarantees and security; making of any required public land dedications or cash contribution in lieu thereof and obtaining and filing with the City of any off-site easements or right-of-way for public improvements serving the site.
[Ord. No. 1998-42]
B. 
Submission. The owner or developer shall submit to the City Clerk two Mylars, 16 paper prints and one digital computer aided drafting file copy of a Final Development Plan, in a form and providing all the information, data and supporting material required by § 24-404 and retaining the design characteristics of the approved preliminary development plan and public improvement engineering plans and specifications.
[Ord. No. 2003-107]
C. 
Distribution of final development plan for review and comment. The City Clerk shall route one or more copies of the final development plan to City staff members for review and comment. One copy of the final development plan shall be made available to members of the City Council prior to their consideration of the plan.
[Ord. No. 1998-42]
D. 
Review, referral and approval or disapproval. Within 30 days from the submission of a final development plan and supporting materials, the City Manager shall review the final development plan to determine the extent to which it conforms with the approved preliminary development plan and approved public improvement plans and specifications and shall further review the supporting material to determine its conformance with the requirements of this Code. If the final development plan substantially conforms with the approved preliminary development plan and public improvement plans and specifications and if the supporting material meets all Code requirements, then the City Manager shall approve the final development plan within 30 days from the date of its review. If the final development plan does not in some way substantially conform with the approved preliminary development plan or if the supporting material does not conform with all Code requirements, then the City Manager, within 30 days from the date of its review, shall take one of the following actions:
(1) 
Approve the final development plan;
(2) 
Approve the final development plan, with conditions;
(3) 
Refer the final development plan to the Planning Commission for legislative public hearing, at which time and place the Planning Commission shall determine the extent to which the final development plan conforms or fails to conform with the standards of this Code. The Planning Commission shall, not later than 30 days after the adjournment of the legislative public hearing, transmit its recommendation on the final development plan to the City Council. Within 60 days from the receipt of the Planning Commission's recommendation with respect to the final development plan, the City Council shall, by ordinance, approve or disapprove the plan. The City Clerk shall then cause seven paper, one reproducible Mylar and one digital computer aided drafting file copy of the approved final development plan with such signatures affixed thereon to be made and shall distribute such copies in the following manner:
(a) 
One paper and one reproducible Mylar copy together with the computer digital copy shall be sent to the Director of Public Works;
(b) 
One copy shall be sent to the Director of Economic & Community Development;
[Amended 8-10-2020 by Ord. No. 2020-53]
(c) 
One copy shall be sent to the City Planner;
(d) 
One copy shall be sent to the Fire Chief;
(e) 
One copy shall be sent to the owner or developer; and
(f) 
One copy shall be retained by the City Clerk for filing.
(g) 
One copy shall be sent to appropriate Supt. of Schools
[Ord. No. 2018-93]
E. 
(Reserved)
[Ord. No. 1998-42]
F. 
Changes in the final development plan.
(1) 
Minor changes in the location, siting, height or character of the buildings and structures may be authorized by the City Manager, if required by engineering or other circumstances not foreseen at the time of adoption of the ordinance approving the final development plan.
[Ord. No. 1998-42]
(2) 
No change authorized by this subsection may cause any of the following:
(a) 
A change in the use or character of the development;
(b) 
An increase in the intensity of use of over 10%;
(c) 
An increase in any dimension of a building or structure by more than 5% in any direction.
(d) 
A reduction in approved open space of 5% or more.
(e) 
A reduction in off-street parking and loading space of 5% or more provided minimum code requirements are met.
(f) 
A reduction in required pavement widths of 5% or more provided minimum code requirements are met.
[Ord. No. 1998-42]
G. 
Revocation of approved planned unit development.
(1) 
The City Council may consider an approved final planned unit development plan subject to revocation if construction falls more than two years behind the schedule filed with the final development plan or if development exceeds five years.
[Ord. No. 1998-42]
(2) 
The owner of property in a planned unit development plan or the owner of any portion thereof may petition for revocation of such planned unit development plan in whole or in part.
[Ord. No. 1998-42]
(3) 
Upon initiation by the City Council or the owner of property in an approved planned unit development requesting vacation of such planned unit development in whole or in part, the City Council shall refer such item to the City Planning Commission for public hearing and recommendation. Notice of such hearing shall be provided by the Planning Commission in the manner set forth for legislative public hearings by the Planning Commission. Additionally, the Planning Commission shall provide personal notice to all persons having an ownership interest in such planned unit development. Such personal notice shall be provided based on ownership recorded with the Recorder of Deeds of McLean County. Personal notice shall be by regular U.S. Mail or personal delivery at least five days prior to the public hearing on revocation.
[Ord. No. 1998-42]
(4) 
The Planning Commission shall conduct a legislative public hearing and make a recommendation to the City Council regarding revocation of the planned unit development.
[Ord. No. 1998-42]
(5) 
Upon receipt of the Planning Commission recommendation, the City Council shall take up and consider the petition to revoke in whole or in part the subject planned unit development. The City Council may approve, deny, in whole or in part, revocation of the subject planned unit development. The City Council may impose reasonable conditions on such revocation in order to advance the health, safety, and welfare of the citizens.
[Ord. No. 1998-42]
(6) 
In the event the City Council revokes an approved planned unit development plan, in whole or in part, then the City Clerk shall file a notice of such revocation with the McLean County Recorder of Deeds.
[Ord. No. 1998-42]
(7) 
Revocation of an approved planned unit development plan shall preclude any additional construction pursuant to such revoked plan, except construction determined necessary by the City to wind up the development and put the same in a safe and sanitary condition. Any security posted to guarantee installation of required public improvements shall continue in effect until all approved public improvements are completed, all wind up construction is completed, and all claims against such security are resolved.
[Ord. No. 1998-42]
(8) 
Upon revocation of an approved planned unit development plan, the property for which such plan is revoked shall retain its zoning district classification absent such plan.
[Ord. No. 1998-42]
[Ord. No. 1998-42]
Either prior to the approval of a final subdivision code plat or prior to its recording and within the time framework, if any, specified in the Ordinance of approval, the owner developer shall post, secure and file with the City Clerk a final plat public improvement payment, performance and workmanship bond with appropriate evidence of security and file and (if applicable) establish an adjacent substandard roadway improvement guarantee and security in the manner, amount and form described respectively in § 24-406.
[Ord. No. 1998-42]
After installation, completion, inspection, testing and receipt of engineering approval, but before City acceptance for maintenance of any public improvements within a subdivision code, the owner or developer shall submit record drawings of the public improvement plans in the form and with the content required by Section 1.16 of "A Manual of Practice for the Design of Public Improvements in the City of Bloomington."[1]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
A. 
Completion of all public improvements. After the developer has complied with the requirements of Section 1.16 of "A Manual of Practice for the Design of Public Improvements in the City Of Bloomington" the Director of Public Works shall provide written acceptance.[1]
[Ord. No. 2018-93]
[1]
Editor's Note: The Manual of Practice is included as an attachment to this chapter.
B. 
Completion of all public improvements except sidewalks and permanent ground cover.
(1) 
If the developer has complied with all of the requirements of Sections 1.16 and 1.17 of "A Manual of Practice for the Design of Public Improvements in the City of Bloomington" except the completion and inspection of an approved proposed sidewalk and permanent ground cover, then the developer may post a payment, performance, and workmanship guarantee in the manner and form described in § 24-406 guaranteeing the construction of the proposed sidewalk and permanent ground cover which guarantee shall be secured by posting a cash escrow or an Irrevocable Letter of Credit with the City of Bloomington in an amount determined by the Director of Public Works. If the guarantee and security is posted for the approved proposed sidewalk and permanent ground cover, then the Director of Public Works shall accept for maintenance all public improvements except sidewalk and permanent ground cover within, adjacent to, or serving lots or outlots depicted on a final plat.
(2) 
If the developer constructs the approved proposed sidewalk and permanent ground cover as guaranteed, then the City shall, upon approval by the Director of Public Works, release to the developer the posted cash escrow or an Irrevocable Letter of Credit securing such sidewalk and permanent ground cover construction. If the approved proposed sidewalk and permanent ground cover for which a guarantee and cash escrow has been posted is not constructed within two years of posting such guarantee and cash escrow, the City may use the funds in the cash escrow or an Irrevocable Letter of Credit to construct the approved proposed sidewalk and permanent ground cover billing the developer for any deficiency and refunding to the developer any surplus from the cash escrow or an Irrevocable Letter of Credit account.
[Ord. No. 2018-93]
A. 
Final plat public improvement payment, performance and workmanship bonds. One year after the date of accepting public improvements for maintenance, unless a material or workmanship claim is submitted to the surety company or escrow agent, the security for final plat public improvement, payment, performance and workmanship bonds shall expire and may be released upon certification of satisfactory condition by the Director of Public Works.
[Ord. No. 2018-93]
B. 
Adjacent substandard roadway improvement guarantees and security. The adjacent substandard roadway improvement guarantee and security shall expire pursuant to § 24-406B unless the Director of Public Works has earlier certified completion of improvements to adjacent substandard roadways, and the security may be released without further action.
[Ord. No. 1998-42]