[Ord. 1020-2003, 10-10-2003]
A. Security Device Requirement: The City of Tahlequah reserves the right
to require surety bond, escrow arrangement, letter of responsibility,
letter of credit or other equivalent security device, as may be required,
and acceptable to the assistant City Administrator. Such security
device, if required, shall be made, at the option of the City of Tahlequah,
on a case by case basis, as the City of Tahlequah may deem necessary.
The assistant City Administrator shall notify developer no later than
10 days following approval of preliminary plat if a security device
is required for the proposed subdivision, and in the absence of such
notice, then it shall be deemed that the City of Tahlequah has waived
requirement for any such security device.
B. Construction Security Devices: Prior to start of streets and utilities,
the owner may be required to provide a corporate surety bond, escrow
arrangement, letter of responsibility, letter of credit or other equivalent
security device acceptable to the assistant City Administrator in
an amount, or upon terms, equal to the costs of the construction of
all improvements, or such other amount as may be determined by the
City of Tahlequah.
If required, such security arrangement shall be subject to the
condition that the improvements must be completed within the term
as may be determined, with an option granted to the City to extend
the time of performance. In the event all or any portion of the improvements
are not completed, the City may proceed with the work and hold the
owner and the company issuing security devices jointly and separately
liable for the costs thereof, or pursue such other remedies as may
be available.
C. Performance Securities: If required, a performance bond executed
by a surety company based upon an estimate by the City Administrator,
or other City official of the costs of construction of the improvements
shall be furnished by the subdivider to the City in an amount equal
to the costs of construction of such improvements, and providing that
the improvements will be completed within time established, with an
option granted to the City to extend the time of performance as may
be determined after approval of the final plat; provided further that
as an alternative, the subdivider may provide letter of guarantee
performance, escrow the costs of the improvement with the City, or
provide other approved equivalent irrevocable security assurances
to guarantee performance, whichever acceptable, if required by and
to the City of Tahlequah.
D. Maintenance Securities: The owner shall be responsible for the maintenance
of all streets, and storm sewers for a period of five years from the
date of the acceptance of these facilities, and may be required to
provide a maintenance bond for a period of three years from the date
of acceptance for all other public facilities installed. Such bonds,
if required, shall be absolute on their face, and not limited as to
the cause of the damage or deterioration which must be repaired. The
amount of the maintenance bonds, if required, on streets and storm
sewers shall be equal to 100% to the total costs of construction;
the value of the other maintenance bonds shall be equal to 50% to
the total costs of construction; bonds shall be issued by surety companies
properly licensed to do business in Oklahoma, and are subject to the
approval of the City Attorney.
E. Delayed Maintenance Security: In the event an owner completes a public
improvement, but the subdivision does not develop sufficiently so
the improvement is not being substantially utilized within three years
of the completion of the improvement, the owner shall be responsible
for any reworking of the public improvements made necessary by the
delay in the utilization of these improvements. The failure to perform
such reworking operations shall be grounds for the immediate suspension
of all construction in progress in the subdivision, and shall further
be grounds for a moratorium on any future building permits issued
in the subdivision until such time as reworking has taken place. For
the purpose of this section, "substantial utilization" shall mean
that either: 1) the improvement routinely and regularly receives use
at the level of 40% of its designed capacity; or 2) that construction
has been completed upon 40% of the lots within the plat of the subdivision,
which structures are actually being utilized for their intended purpose
by the owners thereof.
F. Maintenance Securities Exemption: No maintenance bond, letter or
responsibility, or other security device shall be required for sidewalks
if the subdivision contains a sidewalk provision as contained in this
chapter.
[Ord. 1020-2003, 10-10-2003; amended 4-5-2021 by Ord. No. 1320-2021]
A. Plat Application Fee: A written application upon a form provided by the City for a tentative approval of the subdivision shall be submitted to the City, together with a fee as set forth in Chapter
1-3, Fees.
B. Final Plat Fee: After the submission of the copies of the final plat, the owner shall pay the City a fee as set forth in Chapter
1-3, Fees, and may file the plat with the county Clerk, using one or more stamped, signed copies in accordance with state law. Within five days following the filing of the final plat with the courthouse, the owner shall provide the City with seven certified copies of the filed plat.