Before the final plat is signed by the chairman of the planning
commission and filed by the secretary of the planning commission,
the subdivider shall complete, in a manner satisfactory to the city
engineer, all improvements required in these regulations as approved
by the planning commission. Final plat approval and recordation shall
not be granted until the subdivider has dedicated by instrument on
the plat all public easements, property, and improvements, free and
clear of all liens and encumbrances, and they have been accepted by
the city council.
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-25)
In lieu of requiring the completion of all improvements, except
sidewalks (see subsection (5) below), prior to the approval and the
recording of the final plat, the city manager or his designee may,
at his discretion, enter into an agreement with the subdivider whereby
the subdivider shall provide one of the following guarantees:
(1)
The applicant shall post cash, a payment or performance bond, or
an irrevocable letter of credit payable to the city in an amount equal
to one hundred thirty (130) percent of the estimated cost. This amount
shall include the city’s cost of administering the completion
of the improvement in the event the subdivider defaults as provided
herein. The security shall be deposited with the city or in escrow
with a bank at the option of the city. Such bond or letter of credit
shall comply with all statutory requirements and shall be satisfactory
to the city attorney as to form, sufficiency, and manner of execution
as set forth in these regulations. The period within which required
improvements must be completed shall be specified by the city manager
or his designee and shall be incorporated in the bond or letter of
credit. In those cases where a bond or letter of credit has been posted
and the required improvements have not been installed within the terms
of the bond or letter of credit, the government body may thereupon
declare the bond or letter of credit in default and require that all
of the improvements be installed.
(2)
If a bank escrow is chosen, or if a letter of credit is submitted,
the subdivider shall file with the city an agreement between the bank
and the subdivider guaranteeing the following:
(A)
That the funds of said escrow account shall be held in trust until
released by the city and may not be used or pledged by the subdivider
as security in any other matter during that period; and
(B)
That in the case of a default on the part of the subdivider, the
bank shall immediately make the escrowed funds available to the city
for use in the completion of the required improvements.
(3)
In those cases where improvement guarantees have been made under
the provisions of this section, the amount of the required guarantee
may be reduced by the city manager upon acceptance of the dedicated
portion of the required improvements. The amount of the reduction
shall not exceed the percentage which the newly accepted improvements
are of all originally required improvements. In no case, however,
shall the guarantee be reduced to less than fifteen (15) percent of
the original amount. Upon acceptance of the dedication of the final
portion of improvements, the city shall authorize the release of the
remaining portion of the improvement guarantee.
(4)
Connections to city utilities shall not occur until all improvements,
except for sidewalks, have been accepted by the city and the final
plat has been approved and recorded.
(5)
On collector and higher classification streets, except for residential
streets, sidewalks are required prior to the approval and recordation
of the final plat. On non-major streets, in lieu of requiring sidewalks
prior to the approval and recording of the final plat, the subdivider
will place a note on the plat that sidewalks are required prior to
the final building inspection and will deed restrict each lot requiring
the owner of each lot to construct the sidewalk prior to the completion
of the structure and the final building inspection. At all street
intersections, sidewalk ramps will be built to meet ADA requirements
prior to the approval and recordation of the final plat.
(Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 92-56, sec. 1, adopted 7/28/92; Ordinance 00-76, sec. 1, adopted 9/5/00; 1978 Code, sec. 24-26; Ordinance 12-074, secs. 4—6, adopted 9/25/12)
(a)
The planning commission may defer, reduce or waive at the time of
plat approval, subject to appropriate conditions, the provision of
any or all such improvements as, in its judgment, are not necessary
in the interest of the public health, safety, and general welfare
or which are inappropriate because of inadequacy or lack of connecting
facilities.
(b)
Whenever it is deemed necessary by the planning commission to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the subdivider may use one of the other improvement guarantees set forth in section 26.04.001 [26.04.002].
(Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-27)
