The city hereby defines its policy to be that the city will withhold all city services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of all other city services from any subdivision or property until all of the street, utility, storm drainage and other public improvements, as well as lot improvements such as retaining walls and grading and installation of improvements required for proper lot drainage and prevention of soil erosion on the individual residential lots, are properly constructed according to the approved engineering plans and to city standards, and until such public improvements are dedicated to and accepted by the city.
(2006 Code, sec. 70-161; Ordinance 02-09-549, sec. 6.1, adopted 9/3/02)
(a) 
Property owner’s guarantee.
Before approving the final plat of a subdivision located all or partially within the city or its extraterritorial jurisdiction, the city council must be satisfied that all required public improvements have been (or soon will be) constructed in accordance with the approved engineering plans and with the requirements of this chapter.
(b) 
Improvement agreement and guarantee.
The city council may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the property owner to enter into an improvement agreement by which the property owner covenants to complete all required public improvements no later than two years following the date upon which the final plat is approved. The city council may also require the property owner to complete or dedicate some of the required public improvements prior to approval of the final plat, and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the property owner and the city.
(c) 
Improvement agreement required for oversize reimbursement.
The city shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the city for oversize costs. The city council, as it deems appropriate, has the authority to authorize the approval of such agreement as meeting the requirements of the city, and the city shall not withhold approval as a means of avoiding compensation due under the terms of this chapter. The city manager (or designee) is authorized to sign an improvement agreement on behalf of the city.
(d) 
Security.
Whenever the city permits an applicant to enter into an improvement agreement, it shall require the applicant to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the city, a performance bond or letter of credit or other security acceptable to the city council and the city attorney, as security for the promises contained in the improvement agreement. Security shall be in an amount equal to 100 percent of the estimated cost of completion of the required public improvements and lot improvements. The issuer of any surety bond and letter of credit shall be subject to the approval of the city manager and the city attorney.
(e) 
Performance bond.
If the city council authorizes the applicant to post a performance bond as security for its promises contained in the improvement agreement, the performance bond shall comply with the following requirements:
(1) 
All performance bonds must be in the forms acceptable to the city manager and the city attorney;
(2) 
All performance bonds must be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” as published in Circular 570, as may be amended, by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury;
(3) 
All performance bonds must be signed by an agent, and must be accompanied by a certified copy of the authority for him to act;
(4) 
All performance bonds shall be obtained from surety or insurance companies that are duly licensed or authorized in the state to issue performance bonds for the limits and coverage required.
If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business is terminated in the state, or the surety ceases to meet the requirements listed in Circular 570, the developer shall, within 20 calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the city.
(f) 
Letter of credit.
If the city council authorizes the applicant to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:
(1) 
Be irrevocable;
(2) 
Be for a term sufficient to cover the completion, maintenance and warranty periods, but in no event less than two years; and
(3) 
Require only that the city present the issuer with a sight draft and a certificate signed by an authorized representative of the city certifying to the city’s right to draw funds under the letter of credit.
(g) 
Reduction of original security upon completion of improvements.
As portions of the public improvements are completed in accordance with the TCSS and the approved engineering plans, the applicant may make written application to the city manager to reduce the amount of the original security. If the city manager is satisfied that such portion of the improvements has been completed in accordance with city standards, he may, but is not required to, cause the amount of the security to be reduced by such amount that he deems appropriate, so that the remaining amount of the security adequately ensures the completion of the remaining public improvements.
(h) 
Reduction of security upon acceptance of improvements by city.
Upon acceptance by the city of all required public improvements, the city shall authorize a reduction in the security to ten percent of the original amount of the security if the applicant is not in breach of the improvement agreement. The remaining security shall be security for the applicant’s covenant to maintain the required public improvements and to warrant that the improvements are free from defects for two years thereafter. If the required security for maintenance and warranty is otherwise provided by the contractors or by others, the city will release the entire amount of the developer’s security.
(2006 Code, sec. 70-162; Ordinance 02-09-549, sec. 6.2, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
The applicant shall build and pay for all costs of temporary improvements required by the city, and shall maintain those temporary improvements for the period specified by the city. Prior to construction of any temporary facility or improvement, the applicant shall file with the city a separate improvement agreement and escrow or, where authorized, a letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(b) 
Any temporary public improvement (e.g., a temporary cul-de-sac, alley turnout, drainage swale, erosion control device, and the like) shall be placed within an easement established specifically for that purpose. The recording information of the instrument establishing the temporary easement shall be clearly shown on the final plat for the subdivision prior to approval of the final plat. A temporary easement for a required public improvement shall not be abandoned without the city engineer’s approval and without written consent by the city.
(2006 Code, sec. 70-163; Ordinance 02-09-549, sec. 6.3, adopted 9/3/02)
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 agents authorized to act in their behalf, agreeing to comply with the provisions of this chapter.
(2006 Code, sec. 70-164; Ordinance 02-09-549, sec. 6.4, adopted 9/3/02)
For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the city, the plat approvals shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted, and the required public improvements have not been installed within the terms of the agreement, the city may:
(1) 
Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
(2) 
Suspend final plat approval until the public improvements are completed, and may record a document to that effect for the purpose of public notice;
(3) 
Obtain funds under the security and complete the public improvements itself or through a third party;
(4) 
Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete the public improvements on the property; or
(5) 
Exercise any other rights or remedies available under the law.
(2006 Code, sec. 70-165; Ordinance 02-09-549, sec. 6.5, adopted 9/3/02)
Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the city manager (or designee). The approval by the city council of a construction or final plat shall not, in and of itself, be deemed to constitute or imply the acceptance by the city of any street, public area, easement or park shown on the plat. The city may require the plat to be endorsed with appropriate notes to this effect.
(2006 Code, sec. 70-166; Ordinance 02-09-549, sec. 6.6, adopted 9/3/02; Ordinance adopting 2015 Code)
The property owner shall maintain all required public improvements for a period of two years following acceptance of the subdivision by the city, and shall also provide a two-year maintenance bond (warranty) that all public improvements will be free from defects for a period of two years following such acceptance by the city.
(2006 Code, sec. 70-167; Ordinance 02-09-549, sec. 6.7, adopted 9/3/02)
(a) 
Permit.
A site development permit is required from the city prior to beginning any site development related work in the city or its extraterritorial jurisdiction which affects erosion control, storm drainage, vegetation or tree removal, or a floodplain.
(b) 
Pre-construction conference.
The city shall require that all contractors participating in the construction meet for a pre-construction conference to discuss the project prior to release of a grading permit and before any filling, excavation, clearing or removal of vegetation and any trees that are larger than six-inch caliper. All contractors shall be familiar with, and shall conform with, applicable provisions of the city’s landscape ordinance and tree protection/preservation ordinance (as set out in chapter 26).
(c) 
Conditions prior to authorization.
Prior to authorizing release of a site development permit, the city engineer shall be satisfied that the following conditions have been met:
(1) 
The construction plat has been approved by the city council (and any conditions of such approval have been satisfied);
(2) 
All required engineering documents are completed and approved by the city’s public works director;
(3) 
All necessary off-site easements and dedications required for city-maintained facilities and not shown on the plat must be conveyed solely to the city, such as by filing of a separate instrument, with the proper signatures affixed. The original of the documents and the appropriate fees for filing the documents at the county (per county requirements and the city’s submission guidelines, as may be amended from time to time) shall be returned to the city secretary prior to approval and release of the engineering plans by the city’s public works director;
(4) 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the city’s public works director, and at least one set of these plans shall remain on the job site at all times;
(5) 
A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the city; and
(6) 
All applicable fees must be paid to the city.
(d) 
Nonpoint source pollution controls and tree protection.
All nonpoint source pollution controls, erosion controls, and tree protection measures and devices shall be in place, to the city public works director’s satisfaction, prior to commencement of construction on any property.
(2006 Code, sec. 70-168; Ordinance 02-09-549, sec. 6.8, adopted 9/3/02)
(a) 
General procedure.
Construction inspection shall be supervised by the city’s public works director. Construction shall be in accordance with the approved engineering plans and the TCSS of the city (and other applicable codes and ordinances). Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the city engineer. If the city’s public works director finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the city’s standards and TCSS, then the property owner shall be responsible for completing and correcting the deficiencies (at his expense) such that they are brought into conformance with the applicable standards.
(b) 
Letter of satisfactory completion.
The city will not deem required public improvements satisfactorily completed until the applicant’s engineer or surveyor has certified to the city engineer, through submission of detailed sealed “as-built,” or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the city engineer, and until all required public improvements have been completed. The “as-builts” shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an “as-built” stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the city with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the city engineer’s CADD system. When such requirements have been met to the city public works director’s satisfaction, the city manager (or designee) shall thereafter make a recommendation to the city council for consideration of satisfactory completion of the public improvements. Once the city council votes its approval of satisfactory completion, the city manager (or designee) shall issue the letter of satisfactory completion. Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the city for use and maintenance. The city council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of 100 percent of the estimated cost of those remaining improvements for a length of time to be determined by the city council. If the remaining public improvements are greater than $10,000.00 and are not completed within the determined length of time, the city will impose a penalty that equals ten percent of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than $10,000.00, the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the city. Upon acceptance of the required public improvements, the city manager (or designee) shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.
(2006 Code, sec. 70-169; Ordinance 02-09-549, sec. 6.9, adopted 9/3/02; Ordinance adopting 2015 Code)
(a) 
The city council may, upon petition of the property owner and favorable recommendation of the city engineer, defer at the time of plat approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not required in the immediate interests of the public health, safety and general welfare.
(b) 
Whenever a petition to defer the construction of any public improvements required under this chapter is granted by the city council, the property owner shall deposit in escrow his share of the costs (in accordance with city participation and oversizing policies) of the future public improvements with the city prior to approval of the plat, or the property owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the city.
(2006 Code, sec. 70-170; Ordinance 02-09-549, sec. 6.10, adopted 9/3/02)
No building permit shall be issued for a lot, building site, building or use unless the lot or building site has been officially recorded by a final plat approved by the city council and filed for record with the county, and unless all public improvements, as required by this chapter for final plat approval, have been completed, except as may be permitted below:
(1) 
A building “foundation only” permit may be issued for a nonresidential or multifamily development provided that a construction plat has been approved by the city council, and provided that the engineering plans have been released by the city engineer. However, the building permit shall not be issued and building construction shall not be allowed to surpass the construction of fire protection improvements. In other words, the building shall not proceed above the slab level until all required fire lanes have been completed, and until all water lines serving fire hydrants have been completed, inspected and tested.
(2) 
The city building official may release some residential building permits for not more than ten percent of the lots within a new residential subdivision, provided that a construction plat has been approved by the city council and the engineering plans have been approved by the city’s public works director, and provided that all public improvements have been completed for that portion of the development including, but not limited to, those required for fire and emergency protection, such as streets providing at least two points of emergency access, alleys, water lines serving fire hydrants, and other similar, required public safety improvements. No lot may be sold nor title conveyed until the final plat has been approved by the city council and recorded with the county.
(3) 
No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a final plat has been approved by the city council and recorded at the county. Notwithstanding the above, the city manager (or designee) may authorize the conditional occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved by the city manager (or designee) for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the city’s building codes.
(2006 Code, sec. 70-171; Ordinance 02-09-549, sec. 6.11, adopted 9/3/02; Ordinance adopting 2015 Code)