[HISTORY: Adopted by the City Council of the City of Collinsville 9-13-2021 by Ord. No. 721-2021. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix I. Parkland Ded. and Dev. FeesAttachment 2 - Appendix II. Parkland Ded. and Dev. MethodologyAttachment 3 - Appendix III. Park Level of Service Standards
A. 
This chapter is adopted to provide open space and recreational areas in the form of parks as a function of subdivision and site development in the City of Collinsville and its extraterritorial jurisdiction (ETJ). This chapter is enacted in accordance with the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time.
B. 
It is hereby declared by the City Council that open space and recreational areas in the form of trails, parks, and preserves are necessary for the health and welfare of the residents of Collinsville, and that the only adequate procedure to provide for parks is by integrating such requirements into the procedure for planning and developing property or subdivisions in the City and its ETJ to accommodate the associated and proportionate impact on the parks and recreation system, whether such development consists of subdivision, new construction on vacant land, or rebuilding and remodeling of structures on previously developed property.
C. 
Parks provide for a variety of indoor and outdoor recreational and healthy living opportunities and are located in various locations throughout the City. The land area of the City of Collinsville being 0.97 square mile shall be prima facie evidence that any park located therein is within a convenient distance from any residence located therein. The primary cost of purchasing or acquiring, developing, and improving parks shall be borne by the landowners of residential property or projects who, by reason of the proximity of their property to such parks, are the primary beneficiaries of such facilities.
D. 
Due to Collinsville's small size, a typical park in Collinsville is designed to serve the needs of residents from the entire community no matter where the park is or will be located in Collinsville. Parks serve both active and passive leisure and recreation needs of residents and their visitors, in addition to serving the essential purposes of providing open space to maintain the rural character of Collinsville as desired by the community. The purchase, acquisition, development, and improvement of the basic infrastructure and facilities for parks in Collinsville are based upon the demand from the residents they are intended to serve.
E. 
Recognizing that there are different sizes, scales, and types of park facilities, the required level of service contained herein has been designed based on the smallest of park facilities at existing level of service, a neighborhood park of one acre, to meet the "basic" infrastructure and facilities standard. Any fees collected per these requirements can, however, be utilized in the purchase or acquisition of parkland, development, and/or improvement of any size or scale park facility in Collinsville.
F. 
Therefore, the following requirements are adopted to effect the purposes stated above.
For the purpose of this chapter, the following definitions shall apply.
CITY-REQUIRED PERCENTAGE
The percentage of land dedication as well as the percentage of fees the City of Collinsville requires to be dedicated and/or paid in order to satisfy the requirements of this chapter.
DEVELOPER
Landowner(s) of the subject property containing a proposed development or project.
DWELLING UNIT
Any building, or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the City's Subdivision Regulations,[1] for not more than one family. Dwelling units include temporary or quasi-dwelling units, such as suites within hotel- or motel-type uses, suites within senior-care- or assisted-care-type facilities, accessory dwelling units, and mobile or semimobile living facilities since they all house people who will impact the parks and recreation system of the City of Collinsville.
MULTIFAMILY RESIDENTIAL
Structure(s) or projects with more than one dwelling unit on one lot or mixed-use structures containing at least one dwelling unit. Includes two-family or duplex residential. Includes group- or community-home-type uses. For purposes of this chapter, structures that have restricted usage of one person per room (documentation must be provided with building permit application), dwelling unit count shall be assessed based on the number of rooms available for residential living, divided by the persons per household number stipulated in Appendix II,[2] to ascertain number of dwelling units to be utilized in determining dedication and/or fees required. Multifamily residential projects shall be assessed parkland fees and pay parkland fees of this chapter prior to the issuance of a building permit.
OPEN SPACE
Includes, but is not limited to, greenbelts, trails, landscaped pedestrian paths, bicycle paths, natural or landscaped streams, natural or artificial lakes and other water features. "Open space" does not include streets, alleys, utility easements, public parks or required building setbacks.
PARK
Includes a variety of parks, trails, open spaces, natural preserves, gathering spaces, and recreational opportunities and facilities that are open and accessible to the general public and are located within a convenient distance of the residences to be served thereby.
RESIDENTIAL USES
Includes single-family residential and multifamily residential uses.
SINGLE-FAMILY RESIDENTIAL
Structure(s) with one dwelling unit on one lot, not to include mixed-use or live-work structures. Any one proposed lot containing at least one proposed dwelling unit shall be assessed parkland fees and pay parkland fees prior to filing an associated plat for record.
[1]
Editor's Note: See Ch. 670, Subdivision.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
This chapter applies to a developer who subdivides or develops land for residential uses located within the City or within its extraterritorial jurisdiction (ETJ).
A. 
General.
(1) 
The City Manager/Administrator or designee shall administer this chapter with certain review, recommendation and approval authorities being assigned to the Planning and Zoning Commission and various City departments as specified herein. Unless provided otherwise herein, action by the City shall be by the City Council.
(2) 
Generally, the developer of property with residential uses must address the following requirements: dedication of land for park use or payment of a fee-in-lieu thereof and payment of a park development fee for parks or construction of the park improvements to which such fee relates. Requirements herein are based on actual or approved dwelling units for an entire development or project. Increases or decreases in final dwelling unit count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the original estimate, additional parkland and additional park development fees may be required in accordance with the requirements in this chapter.
B. 
Fee calculations and updates.
(1) 
The schedule of fees and required land dedications, along with the associated methodology and level of service standard, are attached hereto as Appendix I, Appendix II, and Appendix III,[1] respectively, and are incorporated and made a part of this chapter for all purposes.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
(2) 
A quantifiable and reasonable methodology was established to base the parkland dedication requirements, fees-in-lieu of dedication, and parkland development fees contained herein on data and levels of service relevant to Collinsville that are based on density, as well as best practices. The park development fee is calculated utilizing empirical details of how much the average neighborhood park costs in Collinsville. The methodology and fees shall be reviewed every three years and updated in appendixes contained herein.
(3) 
City staff shall submit, as directed by the City Council, a fee derived from a parkland dedication requirement per person. The parkland dedication requirement per person will be calculated from the variables and formula(s) reflected in Appendix II. City staff shall submit, as directed by the Park Board or the City Council, a fee derived from a land cost per person. The land cost per person will be calculated from the variables and formula(s) reflected in Appendix II. City Staff shall submit, as directed by the City Council, a fee derived from a park development cost per person. The park development cost per person will be calculated from the variables and formula(s) reflected in Appendix II. The updated fees and dedication will be presented for adoption by City Council with the City's Master Fee Schedule.
C. 
Land dedication.
(1) 
The amount of land to be dedicated for parkland purposes shall be as set forth in Appendix I.[2] The required dedication may be met by payment of cash in lieu of land when permitted or required by other provisions of this chapter. The total amount of land dedicated for a development or project shall be dedicated to the City in fee simple:
(a) 
Prior to the issuance of any building permits for multifamily development on an associated plat or via a deed or record or separate instrument;
(b) 
Concurrently with the final plat for a single-phase single-family residential development, clearly labeled and dedicated as City parkland (or with applicable notes as stipulated in this section for the ETJ);
(c) 
For a multiphased single-family residential development, the entire park(s) shall be either platted concurrently with the plat of the first phase of the development, clearly labeled and dedicated as City parkland (or with applicable notes as stipulated in this section for the ETJ); or
(d) 
The developer may provide the City with financial security against the future dedication by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres parkland required, and in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee-in-lieu of land dedication as set forth in Appendix I. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the phase that dedicates the required parkland.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2) 
For development located within the ETJ of the City, the dedication requirements of this section may be met through the creation of private parkland in the same amount required as set forth in Appendix I, provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the City, and provided that any plat related to such development is inscribed with a notation regarding same.
(3) 
The obligation of an applicant/developer to dedicate parkland or make payments or improvements in lieu thereof shall be in addition to/independent of the requirements of the applicant/developer to provide open space in accordance with a planned development (PD) zoning application. If the open space in the proposed planned development (PD) exceeds 30,000 square feet and is dedicated and accepted by the City as public parkland, the required dedication or payment may be reduced in applicable proportion, subject to the City Council's discretion.
D. 
Fee-in-lieu of land. In lieu of dedicating parkland for parks, a developer may request to meet some or all of the parkland dedication requirements through payment of a fee-in-lieu thereof in the amounts set forth in Appendix I.[3] Such fees shall be due prior to filing an associated plat for record for single-family residential uses and prior to the issuance of a building permit for multifamily residential uses.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
E. 
City approval. The City Council shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required land dedication. The City Council may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in Appendix I.[4] Likewise, the City Council may, from time to time, require that land be dedicated in amounts as set forth in Appendix I and that no fee-in-lieu of land will be accepted.
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
F. 
Approval process for parkland dedication.
(1) 
Land dedications equal or exceeding one acre, and dedications of floodplains and greenways.
(a) 
For any proposed required parkland dedication equaling or exceeding one acre of land or equaling or exceeding payment of a fee-in-lieu thereof or for any proposed land dedication containing floodplain or greenway, the developer must:
[1] 
Obtain a recommendation from the Park Board; and
[2] 
Obtain approval from the City Council.
(b) 
Should a proposed dedication go before the Planning and Zoning Commission as part of a required project approval, the Planning and Zoning Commission shall recommend approval or disapproval to the City Council for consideration.
(2) 
Criteria for consideration. For any proposed required parkland dedication equaling or exceeding one acre of land or equaling or exceeding payment of a fee-in-lieu thereof or for any proposed land dedication containing floodplain or greenway, the City Council shall utilize the following criteria for considering approval of the proposed parkland dedication:
(a) 
The proposed plat shall clearly identify the proposed public parkland to be dedicated;
(b) 
The proposed dedication or fee shall provide a sufficient amount of parkland in the area of the proposed development for required parkland dedication;
(c) 
Where the proposed dedication is insufficient for a park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Appendix I;[5]
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
Determination of acceptability of a proposed parkland dedication is based upon this chapter, as may be amended from time to time, and the criteria contained herein;
(e) 
The proposed development of the park is at a minimum consistent with Collinsville's level of service for neighborhood parks as set forth in Appendix III;[6]
[6]
Editor's Note: Said appendix is included as an attachment to this chapter.
(f) 
Land is usable and compatible with the purpose of this chapter and other approved public plans;
(g) 
There is a level of service need in the immediate vicinity of the proposed park area;
(h) 
There is no nearby existing park that would be served with the funds better or more by expansion or improvement; and
(i) 
Public access considerations.
(3) 
Development and maintenance of a park less than one acre in size for public park purposes is impractical and does not allow for appropriate improvements consistent with necessary level of service. Therefore, if fewer than 20 dwelling units as specified in Appendix under "Land dedication" are proposed by a plat for single-family residential or a building permit for multifamily residential, the developer shall pay the applicable cash in lieu of land dedication. An exception may be considered if the dedication is voluntarily greater than one acre or will increase the size of an existing park adjacent to the proposed parkland dedication or will provide a beneficial trail connection or right-of-way or will provide a synergistic benefit not otherwise listed, at the discretion of the City Council.
(a) 
An exception may be considered if the dedication is voluntarily greater than two acres or will increase the size of an existing park adjacent to the proposed parkland dedication or will provide a beneficial trail connection or right-of-way or will provide a synergistic benefit not otherwise listed, at the discretion of the City Council.
(b) 
Additionally, the City Council, in its sole discretion, may accept parkland dedications of less than two acres upon a determination by the City Council that the proposed park will meet all other requirements of this chapter and upon satisfaction of any additional conditions and/or requirements as approved by the City Council.
(4) 
Park development fee. In addition to the land dedication requirements for parks, there is a park development fee established herein sufficient to develop parks in ways that meet the City of Collinsville's level of service.
(a) 
The park development fee assessed to a developer, subject to this chapter, is as shown in Appendix I. The process for the approval and collection of park development fees shall be the same as for the parkland dedication requirements to which the development relates and shall be processed simultaneously with the parkland dedication requirements.
(b) 
The City shall have the final authority in determining how much, if any, land or fee may be accepted in lieu of required park development. The City may, from time to time, require that a fee be submitted in lieu of park development in amounts as set forth in Appendix I. Likewise, the City may, from time to time, require that parks be developed to a level of service as reflected in Appendix II and that no fee-in-lieu of park development will be accepted.
(5) 
Construction of park improvements in lieu of park development fee. A developer may elect to construct required park improvements in lieu of paying the associated park development fee as set forth herein. In such event:
(a) 
A park site plan, developed in cooperation with the City staff, must be reviewed and approved by the City Council upon submission of a final plat for single-family residential uses or upon application for a building permit for multifamily residential uses, whichever is applicable;
(b) 
Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats and for building permits issuance, whichever is applicable;
(c) 
All plans and specifications shall meet or exceed the City's level of service standards and/or scale-specific intent as specified in Appendix II,[7] as may be amended from time to time, and the criteria contained herein, in effect at the time of the submission;
[7]
Editor's Note: Said appendix is included as an attachment to this chapter.
(d) 
If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the developer must post payment and performance bonds to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, other applicable laws;
(e) 
The construction of all improvements, including any required trails, must be completed in accordance with the requirements relating to the construction of public improvements for final plats and issuance of building permits, whichever is applicable. This includes the guaranteeing performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two years from the date of the approval;
(f) 
Park development will be considered complete upon City Council acceptance after the following requirements are met:
[1] 
Improvements have been constructed in accordance with the approved plans and as-built drawings provided to City;
[2] 
All parkland upon which the improvements have been constructed has been dedicated as required under this chapter; and
[3] 
All warranties as specified herein have been provided for any equipment installed in the park as part of these improvements.
(g) 
Prior to acceptance by the City Council, the developer shall warrant the improvements for a period of two years by providing a maintenance bond in a form acceptable to the City and City Attorney covering the total cost of improvements; and
(h) 
The developer shall be liable for any costs required to complete park development if:
[1] 
The developer fails to complete the improvements in accordance with the approved plans;
[2] 
The developer fails to complete the improvements within the required time frame; and/or
[3] 
The developer fails to complete any warranty work.
(6) 
Standards for private parkland.
(a) 
A developer may submit an application to satisfy up to 100% of the parkland dedication and development required for a development or project by providing a public access and recreational easement rather than deeding the land to the City in fee simple.
In order to earn credit for private parkland, the park shall:
[1] 
Provide signage visible from a right-of-way frontage to be reviewed and approved through the application and consideration process, and the sign shall state that the area, including any recreational amenities, is open and available for public use, the park hours, and City contact information, and it must be posted at the park entrance or in a location visible to the public;
[2] 
Provide language in the public access and recreational easement document or associated plat that specifies maintenance, capital replacement, the right of the City to conduct safety inspections, future construction rights, and penalties and arrangements for lack of compliance, and language that specifies that repayment of the credits will be required via alternate land or compensation for release of the easement; and
[3] 
Provide a design and features consistent with the guidelines and requirements contained herein.
(b) 
The required dedication and development shall be calculated per the requirements in Appendix I[8] and then the proposal shall be evaluated to determine the amount of parkland dedication and/or development credit to be given using the following factors:
[1] 
The presence of active recreational amenities, including, but not limited to, playscapes, sport courts, table game recreation, and climbing or exercise structures or trails;
[2] 
The ability of the public to access and use the land for recreation purposes in perpetuity;
[3] 
The presence of group gathering spaces, such as open lawns, seating, picnic areas, plazas or pavilions;
[4] 
Landscaping that enhances the City and the park by providing shade, educational opportunities, trees, and/or wildlife habitat; and
[5] 
The ability of the City to provide programming in the space.
[8]
Editor's Note: Said appendix is included as an attachment to this chapter.
(c) 
If park development fees are credited, recreational amenities and other improvements must be constructed on site and approved by the City during site plan or subdivision review at a specific time concurrent or prior to residential uses, as stipulated in the associated development agreement. Amenities must be shown on the site plan and/or construction plan as determined by the City.
(d) 
A developer must post cash escrow or irrevocable line of credit in a form approved by the City for amenities included on private parkland during site plan or subdivision review.
(e) 
If credited acreage does not satisfy the entire parkland requirement, the City will calculate the remaining fee using the same requirements in Appendix I, proportionally assessed.
(7) 
Submitting fee. Any fees required to be paid pursuant to this section shall be remitted:
(a) 
Prior to the issuance of any building permits for multifamily use or development; or
(b) 
Prior to filing an associated plat for record for single-family residential use or development.
(8) 
Use of fees.
(a) 
Fees may be used only for the purchase, acquisition, development, and/or improvement of park facilities in the City of Collinsville. Potential parkland in underserved areas within one mile of developments that have paid parkland dedication fees, which have not yet been refunded, shall be a top consideration (but not the only consideration) when evaluating potential land for purchase or acquisition for future parks.
(b) 
Unimproved parkland or parks in need of additional improvements within one mile of developments that have paid park development fees that have not yet been refunded will be a top consideration (but not the only consideration) when evaluating parks for potential development and/or improvements. Parks may be purchased, acquired, developed, or improved with parkland fees in any portion of the City of Collinsville due to its small size since any existing or future resident in Collinsville is and will be within a convenient distance to any existing or future park in Collinsville.
(9) 
Reimbursement for City-acquired parkland. The City may from time to time acquire and/or develop land for parks in or near an area of actual or potential development. If the City does acquire and/or develop parkland in a particular area near a development or subdivision that should come forward for consideration, the City may require subsequent dedications to be in fee-in-lieu-of land and parkland development fees instead of dedication and development. This will be to reimburse the City for the cost(s) of acquisition and/or development.
Depending on the circumstances, additional proportionate dedication may be required for the increase in dwelling units from what was originally proposed and may be either land dedication or money in lieu of land or development, at the discretion of the City Council. At the discretion of the City Council, any former gift of land or cash to the City may be credited toward eventual land dedication or development requirements imposed on the developer.
A. 
All parkland dedication fees will be deposited in a fund specifically dedicated to the purchase and/or acquisition of parks in Collinsville. All park development fees will be deposited in a fund specifically dedicated to the improvement and/or development of parks in Collinsville.
B. 
The City shall account for all fees in lieu of land dedication and all park development fees paid under this chapter with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within 10 years from the date received by the City for purchase, acquisition, development, and/or improvement of a park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis.
C. 
The developer of the property on the last day of the ten-year period shall be entitled to a pro rata refund, that includes the original contribution, computed on a per-dwelling-unit basis, if the fees are not encumbered by contract or purchase order or expended or if the property under which fees were paid has not received benefit from a park acquired or developed within the City of Collinsville with the fees paid. The property owner of the property must request the refund, in writing, within one year of entitlement, or the right shall be deemed permanently waived. Any interest earned with these funds shall remain in these funds and be used for the fund's intent.
Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing and accepting parks and adjacent development:
A. 
Any land dedicated to the City pursuant to this chapter must be suitable for park and recreation uses. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager/Administrator or his designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The developer shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Grayson County Tax Assessor, whichever is applicable, shall be submitted with the dedication or plat.
B. 
Land in floodplains or designated greenways is not preferred but can be considered on a 50% per-acre basis, at the discretion of the City Council (i.e., four acres of floodplain or greenway will be equal to two acres of potential parkland). The following factors shall be considered for potential parkland in the floodplain or in designated greenways:
(1) 
Sites should not be severely sloping or have unusual topography that would render the land unusable for recreational activities or for improvements. At least 50% of a parkland site shall be less than 10% grade, well drained, and suitable for active play, unless the intent of the dedication is to provide a beneficial connection or to preserve an environmental, natural, or cultural resource/asset.
(2) 
Placement of recreational or parkland support amenities, including paths or access for maintenance purposes, can be placed in the area in compliance with applicable watershed requirements.
(3) 
It is preferred that the floodplain area provide suitable passive recreation, scenic views, wildlife habitat protection, water quality protection, tree protection, and/or trail connectivity to the more intensive uses in nonfloodplain areas.
(a) 
Park sites shall have access to water, sewer, and electric lines prior to or upon acceptance of the park improvements. Site plans and subdivision applications must demonstrate sufficient water and wastewater capacity to serve the park.
(b) 
Park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them.
(c) 
Where appropriate, sites with existing trees or other scenic elements or natural assets are preferred.
(d) 
Detention/retention areas shall not be utilized to meet dedication requirements unless they are designed in an innovative manner so as to provide for suitable recreational purposes, but they may be accepted in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet the standards as specified in all City of Collinsville codes and regulations.
(e) 
Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, accessways may be required to facilitate public access to provide public access to parks.
(f) 
It is preferred that a minimum 50% of the perimeter of a park should abut a public street. Parks shall have at least a portion of the property adjacent to a public street or shall have associated public access easements and improvements to allow for ready access. Public view of the park from a public street is desirable to facilitate community connections and provide for crime prevention through environmental design.
(g) 
Community-scale parks should be accessible from major arterial streets so as to be accessible by large numbers of people.
(h) 
Areas for potential parkland that are encumbered by overhead utility lines or easements of any type which would limit the opportunity for recreational and park development are not preferred.
(i) 
All rubbish, trash, junk and other offensive materials shall be removed from all dedicated lands and the property returned to its natural condition except as to approved construction and improvement thereon.
(j) 
For dedications of more than two acres of land and upon the request of the City, a developer-funded environmental or engineering study, audit, or assessment may be required in some cases demonstrating that the property is in a condition that would allow the City to utilize the property for public park purposes without expenditures to remove or mitigate environmental or hazardous materials or conditions; suitable and safe for use as a public park; and free from environmental or engineering-related problems.
A. 
All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his designee and all work will be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights shall inure to the benefit of the City only and are not made for the benefit of any party other than the City.
B. 
All work by the developer not conforming to these requirements, including, but not limited to, unapproved substitutions, may be considered defective.
C. 
This warranty is in addition to any rights or warranties expressed or implied by law.
D. 
Where more than a two-year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern.
E. 
This warranty obligation may be covered by any maintenance bond tendered in compliance with this chapter.
F. 
If any of the work performed by the developer is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this chapter, the designs, plans, drawings or specifications within two years after the date of the issuance of a certificate of final completion of the work or a designated portion thereof, whichever is longer, or within two years after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this chapter, the developer shall promptly correct the defective work at no cost to the City, as set out in the maintenance bond required before City Council acceptance.
G. 
The failure, including cracking or other indication of failure, of an improvement shall be deemed conclusive that the workmanship or product is defective.
H. 
During the applicable warranty period and after receipt of written notice from the City to begin corrective work, the developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this Code of Ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee.
I. 
If within 20 calendar days after the City has notified the developer of a defect, failure, or abnormality in the work, the developer has not started to make, and continuously worked to complete, the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the developer.
J. 
The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the developer, its contractors, or subcontractors or by the surety.
K. 
The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be two years after the installation or completion. The two-year warranty shall cover all work, equipment, and materials that are part of the improvements made under this chapter.