(a)
Before constructing roads, drainage
channels, utilities and other improvements for a new subdivision located
in the city limits or its extraterritorial jurisdiction, an applicant
must first obtain a subdivision improvement permit in accordance with
this chapter.
(b)
No subdivision improvements shall
be undertaken on any land, tract or parcel within the city’s
jurisdiction until the effective date of a subdivision improvement
permit for said development is issued by the city.
(c)
Subdivision improvement permits shall
only be issued for land that has been platted and legally recorded
or has otherwise obtained legal lot status.
(e)
A subdivision improvement permit
is not required for the installation, extension, improvement, maintenance
or repair of utilities that are not associated with the initial development
of a platted subdivision. Such improvements shall be submitted to
the city by the utility provider as a utility development application.
(f)
Any right, privilege or remedy granted
by this chapter to the person obtaining or holding permit approval
shall also run in favor of such person’s successors in interest
and assigns. Any duty or obligation of, or remedy against, such person
arising under this chapter shall also be imposed upon such person’s
successors in interest, assigns, agents, employees, representatives,
or any person acting pursuant to the direction of any of the foregoing,
or under color of same.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The issuance or granting of a permit
or approval of plans and specifications shall not be construed to
be a permit for, or an approval of, any violation of any of the provisions
of this chapter or any other city ordinance. No permit purporting
to give authority to violate or cancel the provisions of this chapter
shall be valid, except insofar as the work or use that it authorizes
is lawful and conforms to the requirements of this chapter or a variance
or modification granted pursuant to this chapter.
(b)
The issuance of a permit based upon
plans and specifications shall not prevent the city from thereafter
requiring the correction of errors in said plans and specifications
or from preventing building operations being carried on thereunder
when in violation of this chapter or of any other ordinance of the
city.
(c)
A subdivision improvement permit
is considered valid from the date of issuance until the city has issued
a certificate of acceptance or until it expires or is revoked.
(d)
Subdivision improvement plans approved
by the city and any subdivision improvement permits obtained as a
result of plan approval shall expire two (2) years from the date of
code official approval as noted on the cover sheet of the subdivision
improvement plan set unless substantial construction on the project
has commenced to a degree acceptable to the city.
(e)
The city may, in writing, suspend
or revoke a permit issued under the provisions of this chapter whenever
the permit is issued in error, or on the basis of incorrect information,
or for violations of the provisions of this chapter or any other city
ordinances.
(f)
Projects approved by the city shall
begin and be completed in a timely manner. If inordinate delays are
anticipated or experienced, the contractor shall notify the city and
coordinate a new time schedule for completion. Permits for projects
that have been suspended, abandoned or have not made reasonable progress
for a period of 30 days may be revoked by the city. If a permit is
revoked, the site must be restored/revegetated within 30 days of the
date of revocation.
(g)
After a permit is no longer valid,
a new application and applicable fees for a new permit must be filed
if the project is to be continued.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
An applicant seeking a subdivision
improvement permit must submit a subdivision improvement plan set
and documents as required by the building and development services
department (BDS). Unless otherwise required by the city, a subdivision
improvement plan set shall include the following plan sheets: cover
sheet, general notes, final plat, existing conditions, slope map,
erosion control/tree protection plan, drainage area map (existing
and proposed), drainage plan and profile, paving plan and profile,
water and wastewater plan and profile, detention and water quality
plan, utility plan (propane, electric, etc.), and construction details.
(b)
The subdivision improvement plan
shall meet all requirements, conditions, standards and specifications
established by this chapter. The proposed plan shall be certified
as complete and accurate and in compliance with the provisions of
this chapter by a licensed professional engineer registered in the
state in the specialty field of civil engineering, and by any other
professionals as required by this chapter.
(c)
An applicant may design a subdivision
improvement plan to be constructed in phases. If the project is divided
into phases, the applicant shall identify the phases on the subdivision
improvement plan and propose dates for the beginning and end of each
phase. The final phase of a proposed project may not begin any later
than three (3) years after the beginning of the first phase.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The applicant shall submit a complete
application, as required by this chapter, to the code official.
(b)
To be considered complete, an application
must include all documents, reports, drawings, authorizations, certifications,
signatures, fees, and supplemental information as required by BDS.
(c)
Representatives of the city, the
appropriate emergency services district, the appropriate water district,
and the county (if applicable) shall review the submittal for code
compliance. The applicant shall satisfactorily address any comments
and resubmit for approval. Plans shall not be resubmitted for review
until the applicant has received comments from each reviewing entity.
(d)
The city shall have the right to
select and engage sanitarians, surveyors, design professionals or
engineers, or any combination thereof, to conduct investigations,
tests, examine plans and specifications, present evidence, advise
and represent the city, and assist the applicant in the development
of documents in accordance with the provisions of this chapter. The
applicant shall be required to reimburse the city for costs of such
services prior to plan approval.
(e)
All required fees, including but
not limited to city fees, water provider fees and emergency services
district fees, shall be paid prior to plan review commencement.
(f)
If no waiver or variance is requested,
the code official and city engineer may approve the corrected plans
and issue a permit. The code official may, for any reason, elect to
present the permit application and documents to the zoning and planning
commission or the city council, or both, for approval.
(g)
If a waiver or variance is requested, the code official shall process the request in accordance with article 28.12 of this chapter.
(h)
A subdivision improvement permit
shall not be issued until:
(1)
The city has received the required
number of sets of approved drawings including a cover sheet with all
required signatures;
(2)
All required tree protection and
erosion and sedimentation controls, including the stabilized construction
entrance, have been installed as shown on the approved plans;
(3)
The contractor’s project superintendent
has arranged for and conducted an on-site preconstruction meeting
in which the following persons must be present: the owner/developer,
project engineer, relevant contractors, relevant utility representatives,
emergency services district personnel, a representative from the testing
laboratory, the code official, the city engineer and a representative
from the county if the project is in the city’s extraterritorial
jurisdiction or affects a county road.
(i)
Subdivision improvement applications
that are considered complete, as specified above, shall expire if
city approval has not been obtained within 180 days from the date
that the application was deemed complete.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Revisions may only be made while
the subdivision improvement permit is valid. After a permit is no
longer valid, proposed alterations to the subdivision shall be considered
as a new submittal and must be accompanied by a new application, fees
and full set of documents and drawings as required by this chapter.
(b)
For plan revisions, the project engineer
must submit an application form, fees, cover letter and a copy of
all proposed revision sheets to the code official for review.
(c)
The city must approve and sign all
revisions to permitted plans prior to the contractor performing any
work not shown on the permitted plans.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Before any construction is commenced
in a given subdivision and prior to the recording of the associated
final plat, the applicant shall file with the city a corporate surety
bond or letter of credit in favor of the city, in an amount equal
to the cost of the installation expenses, as estimated by the project
engineer and approved by the city engineer, to guarantee performance
and completion of all such installations. Such bond or letter of credit
shall be conditioned upon the applicant’s compliance with this
chapter and other ordinances of the city and shall secure and may
be used for the payment of any and all damages to persons or property
which damages arise from, or are caused by, any act or conduct of
or authorized by the applicant upon which any legal judgment results.
No work may commence on any such installations until such performance
bond or letter of credit has been posted and approved by the city
and a permit has been issued.
(b)
The city may also accept cash in
lieu of a surety bond or letter of credit. Payment to the city shall
be deposited in an interest-bearing account established by the city
with all earned interest retained by the city.
(c)
The owner shall be required to leave
ten (10) percent of the fiscal security in place for the maintenance
performance period of two (2) years.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Upon completion of the subdivision
improvements, the project engineer shall submit a letter stating that
he or his designated representative under his supervision has conducted
visits during construction and that all streets, utilities, drainage
systems and structures, sidewalks, accessible routes, paving, stormwater
detention and water quality ponds and general subdivision improvements
were constructed according to the permitted plans, with insignificant
deviation, unless noted otherwise.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
Upon submission of the engineer’s
concurrence letter, the city engineer shall schedule a time to inspect
the site for conformity with the approved plans.
(b)
If the city engineer determines that
all subdivision improvements have been satisfactorily completed, the
code official may issue a certificate of acceptance signifying that
the city has accepted the subdivision improvements as being completed
in accordance with the approved plans.
(c)
If the city engineer determines that
all site work has not been completed, he shall provide the owner with
a list of items that remain outstanding. The city engineer shall be
contacted to reinspect the site once these items have been completed.
A certificate of acceptance may be issued when all items have been
satisfactorily completed.
(d)
The certificate of acceptance shall
not be issued until the code official has received reproducible plans
(24" x 26" mylars) certified as “record drawings” by the
project engineer. The project engineer shall also submit a CD of pdf
and CAD (dwg) files of the “record drawings.”
(e)
The certificate of acceptance shall
not be issued until the city receives the bond(s) for the two (2)
year maintenance performance period.
(f)
After the certificate of acceptance
has been issued, the public streets and drainage shall be conditionally
accepted by the city and the bond or letter of credit shall be released
by the city. The construction shall be monitored by the city for the
two (2) year maintenance period. If damages, failures, or defects
appear, the owner shall be notified to make corrections.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
(a)
The owner shall provide a maintenance
bond or other acceptable performance security as security against
damages or defective work occurring during the two (2) year maintenance
performance period which begins on the date the certificate of acceptance
is issued.
(b)
The maintenance bond shall be equal
to ten (10) percent of the original fiscal security and shall remain
in place for the maintenance performance period.
(c)
The maintenance bond shall bind the
owner or contractor to correct any defects in materials, workmanship
(including utility backfills), or design inadequacies, or damages,
which may be discovered within said two (2) year maintenance period.
The owner shall correct or cause the contractor to correct at his
own expense, such damage or defects within 30 days after receiving
written notice of such defects from the city. If the owner fails or
refuses to correct such defects within the said 30-day period or to
provide acceptable assurance that such work shall be completed within
a reasonable time thereafter, the city may decide to correct or cause
to be corrected any such damages or defects and call down the maintenance
bond.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Upon the expiration of the two (2)
year maintenance performance period, the city shall release the fiscal
security/maintenance bond, provided that all damages or defects identified
to the owner by the city engineer or code official have been corrected.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
