(A) Inspections.
(1) The
Director of Engineering or his authorized representative shall inspect
the construction of improvements (all phases) while in progress, as
well as upon completion. The applicant, or contractor, shall maintain
regular contact with the Director of Engineering during construction
of improvements.
(2) Construction
must conform to the approved Site Engineering Drawings. The City reserves
the right to require corrections to the Drawings, at the applicant’s
sole expense, to accommodate actual site conditions differing from
that shown on the approved plans; for details not consistent or equivalent
to the latest revision to the City’s Technical Standards; and, to accommodate omissions on the approved plans. Any significant
change in design required during construction shall be made by the
applicant’s engineer, and shall be subject to approval by the
Director of Engineering.
(3) If
the Director of Engineering finds upon inspection that any of the
required public improvements have not been constructed properly and
in accordance with the approved Site Engineering Drawings, the applicant
shall be responsible for correcting and completing the public improvements.
The applicant or contractor shall maintain daily contact with the
City inspector during construction of improvements. No public wastewater,
water or storm sewer pipe shall be covered without approval of the
City inspector. No subgrade material, stabilization or paving shall
be applied in public right-of-way without approval of the City inspector.
The inspector may at any time cause any construction, installation
or maintenance of improvements to cease when, in his judgment the
City’s Technical Standards have been violated
and may require reconstruction or other work, as may be necessary,
to correct the violation.
(4) A fee as set forth in section
50.33 of the City Code, shall be paid by the builder for the setting of a water meter for each lot in a subdivision. Such fee shall be paid at the time of the application for the Building Permit for each lot.
(5) Temporary water service for house construction shall be provided after a water meter is set (direct connection to the water tap is not allowed). A fee as set forth in Section
30.301 of Chapter
30, “Building Inspection,” of the City Code, shall be paid for each temporary service. Temporary water service shall not continue for more than one hundred twenty calendar days following the date of its initial installation. Temporary water service shall be discontinued when final inspection is made on the house.
(B) Maintenance
During Construction.
The applicant shall be responsible
for maintaining all required public improvements during construction
of the development.
(Ordinance 6773 adopted 5/19/15)
(A) Submission
of As-Built Plans or Record Drawings.
(1) As-Built Plan Submission.
The City shall not accept
dedication of required public improvements until the applicant’s
engineer has certified to the Director of Engineering, through submission
of a detailed as-built/record drawings of the property and any off-site
easements, the location, dimensions, materials, and other information
establishing that the public improvements have been built in accordance
with the approved Site Engineering Drawings. Each as-built or record
drawing sheet shall show all changes made in the plans during construction,
and on each sheet, there shall be an “as-built” or “record”
stamp bearing the signature of the engineer of record and date. Detailed
requirements for such drawings shall be in accordance with the requirements
set forth in the City’s Technical Standards Manual.
(B) Public
Utility Survey & Easement Adjustments.
The City shall
not accept dedication of required public improvements until the applicant’s
surveyor has certified to the Director of Engineering, through a certification
letter and submission of a Public Utility Survey establishing that
the visible public utility improvements have been installed within
the Final Plat dedicated easements. See the Technical Standards Manual
for requirements for the Public Utility Survey and certification letter.
If improvements are installed outside of the dedicated easements,
at the discretion of the Director of Engineering, the improvements
shall be reconstructed within the utility easements or additional
easement(s) by separate instrument shall be provided and recorded
along with a subsequent Amending Plat or Replat of the property at
the developer’s expense. A letter of acceptance shall not be
issued until the approved recorded separate instrument is received
by the Director of Engineering.
(C) Acceptance
or Rejection of Improvements by Director of Engineering.
(1) Responsible Official.
The Director of Engineering shall
be responsible for certifying acceptance of completed subdivision
improvements intended for dedication to the City.
(2) Final Inspection.
After completion of all improvements,
franchise utilities, grading, and erosion control, the Director of
Engineering will perform a final inspection before recommending acceptance
of the improvements.
(3) Letter of Final Acceptance.
Upon a recommendation of
acceptance, and a maintenance bond being executed in conformance with
Subsection (F), the Director of Engineering shall issue a Letter of
Final Acceptance to the applicant, thereby notifying the applicant
of the acceptance.
(4) Meaning of Acceptance.
If the Director of Engineering
accepts such improvements, the City shall execute all the necessary
documents to release the full amount of security, including any retainage
(when applicable). Acceptance of the improvements shall mean that
the applicant has transferred all rights to all the public improvements
to the City for title, use and maintenance.
(5) Rejection.
The Director of Engineering shall reject
such improvements if they fail to comply with standards and specifications
of the City.
(D) Disclaimer.
Approval of a Preliminary Plat or Final Plat by the Plan Commission,
or approval of the Site Engineering Drawings by the Director of Engineering,
shall not constitute acceptance of any of the public improvements
required to serve the subdivision or development. No public improvements
shall be accepted for dedication by the City except in accordance
with this Section.
(E) Acceptance
of Improvements for Land in Extraterritorial Jurisdiction.
Where the facilities to be constructed under the Subdivision Improvement
Agreement are located within the City’s extraterritorial jurisdiction,
and are to be dedicated to the applicable county, the Director of
Engineering shall inform a county representative that the public improvements
have been constructed in accordance with the approved Site Engineering
Drawings, and are ready for acceptance by the applicable county.
(F) Maintenance
Bond Following Acceptance.
The owner shall covenant to
warranty the required public improvements for two years (that is,
730 calendar days) following acceptance by the City of all required
public improvements and shall provide a maintenance bond for that
period of time in an amount equal to 100% of the actual cost of construction.
All improvements located within an easement or right-of-way shall
be bonded. A Letter of Final Acceptance (Subsection (C)(3) above)
shall be conditioned upon execution of the maintenance bond.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 34, adopted 5/7/19)