The city hereby defines its policy to be that it will withhold all city services and improvements of whatsoever nature, including the maintenance of streets and the furnishing of and all other city services from all additions 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.
(Ordinance 549, sec. 10.260, adopted 12/22/09)
(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 or will be constructed in accordance with the approved engineering plans and with the requirements of this chapter and applicable law.
(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 prior to entering 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) 
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 irrevocable letter of credit or other security acceptable to the city manager 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 irrevocable letter of credit shall be subject to the approval of the city manager and the city attorney.
(d) 
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 No. 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 agent’s authority;
(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; and
(5) 
The performance bond shall be in favor of the city, or name the city as a dual-obligee.
If the surety on any performance bond furnished by the applicant is declared bankrupt, or becomes insolvent, or its right to do business in terminated in the state, or the surety ceases to meet the requirements listed in Circular No. 570, the developer shall, within 20 calendar days thereafter, substitute another performance bond and surety, both of which must be acceptable to the city.
(e) 
Irrevocable letter of credit.
If the city council authorizes the applicant to post an irrevocable letter of credit as security for its promises contained in the improvement agreement, the irrevocable 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 no 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 irrevocable letter of credit.
(Ordinance 549, sec. 10.261, adopted 12/22/09)
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, an irrevocable letter of credit, in an appropriate amount for temporary facilities, which agreement and escrow or an irrevocable letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
(Ordinance 549, sec. 10.262, adopted 12/22/09)
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.
(Ordinance 549, sec. 10.263, adopted 12/22/09)
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 available under the law.
(Ordinance 549, sec. 10.264, adopted 12/22/09)
Acceptance of formal offers for the dedication of streets, public areas, easements or parks shall be by authorization of the city council. The approval by the city council of a preliminary 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.
(Ordinance 549, sec. 10.265, adopted 12/22/09)
The applicant 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, or such other guarantee or warranty as is satisfactory to the city manager and city attorney, that all public improvements will be free from defects for a period of two years following such acceptance by the city.
(Ordinance 549, sec. 10.266, adopted 12/22/09)
(a) 
Site development permit required.
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) 
Preconstruction conference.
The city may require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a site development or building permit, and before any filling, excavation, clearing or removal of vegetation and trees that are larger than six-inch caliper. All contractors shall be familiar with, and shall conform with, applicable landscaping provisions of the city.
(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 preliminary 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 engineer;
(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, including the city’s fees, county requirements, and the city’s submission guidelines, as may be amended from time to time, shall be provided to the city secretary prior to approval and release of the engineering plans by the city engineer;
(4) 
All contractors participating in the construction shall be presented with a set of approved plans bearing the stamp of release of the city engineer, and at least one set of the approved 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) 
NPS regulations and tree protection.
Unless exempt, all NPS regulations, erosion controls, and tree protection measures and devices shall be in place, to the city engineer’s satisfaction, prior to commencement of construction on any property.
(Ordinance 549, sec. 10.267, adopted 12/22/09)
(a) 
General procedure.
Construction inspection shall be supervised by the city engineer. Construction shall be in accordance with the approved engineering plans and the DCM manual and other applicable regulations 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 manager. If the city manager finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the standards and the DCM manual, then the applicant shall be responsible for completing and correcting the deficiencies 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 manager, 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, the city manager shall thereafter make a recommendation to the city council for consideration of satisfactory completion of the public improvements. Once the council votes its approval of satisfactory completion, the city manager shall issue the letter of satisfactory completion. The acceptance of the development shall mean that the applicant 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 applicant has posted a performance bond, irrevocable 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 ten percent penalty of the performance bond, irrevocable letter of credit, or cash bond. The obligation to complete the improvements remains with the applicant, 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 applicant 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 shall submit a certificate to the applicant stating that all required public improvements have been satisfactorily completed.
(Ordinance 549, sec. 10.268, adopted 12/22/09)
(a) 
The city council may, upon petition of the applicant and favorable recommendation of the city engineer or city manager, 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 applicant 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 applicant may execute a separate improvement agreement secured by a cash escrow or, where authorized, an irrevocable letter of credit guaranteeing completion of the deferred public improvements upon demand of the city.
(Ordinance 549, sec. 10.269, adopted 12/22/09)
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 unless all public improvements, as required by this chapter for final plat approval, have been completed, except as may be permitted as follows:
(1) 
A building “foundation only” permit may be issued for a nonresidential or multifamily development provided that a preliminary 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. 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 council may release some residential building permits for not more than ten percent of the lots within a new residential subdivision, provided that a preliminary plat has been approved by the city council and the engineering plans have been approved by the city, 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. Except for property located and used for commercial purposes and for which a development plat has been approved, no lot may be sold nor title conveyed until the final plat has been approved by the city council and recorded with the county clerk.
(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 with the county clerk. Notwithstanding the above, the city manager may authorize the conditional or temporary occupancy of a structure provided that an agreement providing cash escrow, an irrevocable letter of credit, or other sufficient surety is approved by the city manager for the completion of all remaining public improvements, and provided that the structure is safely habitable in accordance with the city’s building code.
(Ordinance 549, sec. 10.270, adopted 12/22/09)