The town hereby defines its policy to be that the town will
withhold all town services and improvements of whatever nature, including
the maintenance of streets, the furnishing of sewage facilities, water
service, other utility service, and all other town services from all
additions until all of the street, utility, storm drainage and other
public improvements, as well as lot improvements (e.g., grading and
installation of improvements required for proper lot drainage and
prevention of soil erosion, retaining walls, etc.) on the individual
residential lots, are properly constructed according to the approved
engineering plans and to town standards, and until such public improvements
are dedicated to and accepted by the town.
Ordinance 24-002 adopted 8/12/2024
(a)
Subdivider's guarantee.
Before approving
the final plat of a subdivision located all or partially within the
town and/or the town's extraterritorial jurisdiction, the town
council must be satisfied that all required public improvements shall
have been constructed in accordance with the approved construction
plans and with the requirements of this chapter.
(b)
Improvement agreement and guarantee.
The town
council, upon recommendation by the planning and zoning commission,
prior to filing of the final plat may waive the requirement that the
applicant complete and dedicate all public improvements, and may permit
the property owner to enter into an development agreement by which
the property owner covenants to complete all required public improvements
no later than two (2) years following the date upon which the final
plat is filed. The town council may also require the property owner
to complete and/or dedicate some of the required public improvements
prior to filing of the final plat, and to enter into an development
agreement for completion of the remainder of the required improvements
during such two-year period. The development agreement shall contain
such other terms and conditions as are agreed to by the property owner
and the town. Nothing within this section shall nullify the town's
obligation to participate in the construction of oversized facilities,
pursuant to the town's cost participation policies on oversized
improvements, or any other requirement imposed by state law.
(c)
Improvement agreement required for oversize reimbursement.
The town shall require a development agreement pertaining to
any public improvement for which the developer shall request reimbursement
from the town for oversize costs. The town council shall authorize
the approval of such development agreement as meeting the requirements
of the town, and the town shall not withhold approval as a means of
avoiding compensation due under the terms of this chapter. The mayor
town administrator (or designee) is authorized to sign an development
agreement on behalf of the town, with council approval.
(d)
Security.
Whenever the town permits a property
owner to enter into a development agreement, it shall require the
owner 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 town, a letter of credit or other security
acceptable to the mayor/town administrator and the town attorney,
as security for the promises contained in the improvement agreement.
In addition to all other security, for completion of those public
improvements where the town participates in the cost, the owner shall
provide a performance bond from the contractor, with the town as a
co-obligee. Security shall be in an amount equal to one hundred percent
(100%) 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 town and
the town attorney.
(e)
Letter of credit.
If the town authorizes the property
owner 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 (2) years; and
(3)
Require only that the town present the issuer with a sight draft
and a certificate signed by two (2) authorized representative(s) of
the town certifying to the town's right to draw funds under the
letter of credit.
(f)
As portions of the public improvements are completed in accordance
with the EDS and the approved engineering plans, the developer may
make application to the town to reduce the amount of the original
letter of credit. If the town is satisfied that such portion of the
improvements has been completed in accordance with town standards,
he may (but is not required to) cause the amount of the letter of
credit to be reduced by such amount that the town deems appropriate,
so that the remaining amount of the letter of credit adequately insures
the completion of the remaining public improvements.
(g)
Upon the dedication of and acceptance by the town of all required
public improvements, the town shall authorize a reduction in the security
to 10% of the original amount of the security if the property owner
is not in breach of the improvement agreement. The remaining security
shall be security for the owner's covenant to maintain the required
public improvements and to warrant that the improvements are free
from defects for two (2) years thereafter. If the required security
for maintenance and warranty is otherwise provided by the contractors
or by others, the town will release the entire amount of the developer's
security.
Ordinance 24-002 adopted 8/12/2024
The property owner shall build and pay for all costs of temporary
improvements required by the town, and shall maintain those temporary
improvements for the period specified by the town. Prior to construction
of any temporary facility or improvement, the owner shall file with
the town 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.
Ordinance 24-002 adopted 8/12/2024
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 section.
Ordinance 24-002 adopted 8/12/2024
For plats for which no development agreement has been executed
and no security has been posted, if the public improvements are not
completed within the period specified by the town, the land study
and preliminary plat approvals shall be deemed to have expired. In
those cases where a development 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 town may:
(a)
A
(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/filing 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;
(5)
Exercise any other rights available under the law.
Ordinance 24-002 adopted 8/12/2024
Acceptance of formal offers for the dedication of streets, public
areas and/or easements shall be by authorization of the town. The
approval by the town of any type of plat shall not, in and of itself,
be deemed to constitute or imply the acceptance by the town of any
street, public area, easement or park shown on the plat. The town
shall require the plat to be endorsed with appropriate notes to this
effect.
Ordinance 24-002 adopted 8/12/2024
The owner shall maintain all required public improvements for
a period of two (2) years following acceptance of the subdivision
by the town, and shall also provide a warranty that all public improvements
will be free from defects for a period of two (2) years following
such acceptance by the town.
Ordinance 24-002 adopted 8/12/2024
(a)
A permit is required from the town prior to beginning any work
in the town or its extraterritorial jurisdiction which affects erosion
control, storm drainage, vegetation or tree removal, or a floodplain.
(b)
Preconstruction conference.
The town engineer
shall require that all contractors participating in the construction
meet for a preconstruction conference to discuss the project prior
to release of a grading permit and before any filling, excavation,
clearing and/or removal of vegetation and trees that are larger than
or equal six inches (6") in diameter as measured four feet (4')
above the ground.
(c)
Conditions prior to authorization.
(1)
Prior to authorizing release of a grading permit, the town engineer
shall be satisfied that the following conditions have been met:
(2)
The final plat has been approved by the planning and zoning
commission and by town council (and any conditions of such approval
have been satisfied);
(A)
All required construction documents are completed
and approved by the town engineer;
(B)
All necessary off-site easements and/or dedications required for town-maintained facilities and not shown on the plat must be conveyed solely to the town (i.e., by separate instrument), with the proper signatures affixed. The original of the documents and the appropriate filing fees (per appendix B[1] and the town's submission guidelines, as either one
may be amended from time-to-time) shall be returned to the town engineer
prior to approval and release of the engineering plans;
(C)
All contractors participating in the construction
shall be presented with a set of approved plans bearing the stamp
of release of the town engineer (at least one set of these plans shall
remain on the jobsite at all times);
(D)
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 town engineer; and
(E)
All applicable fees must be paid to the town.
Ordinance 24-002 adopted 8/12/2024
(a)
General procedure.
Construction inspection shall
be supervised by the town engineer. Construction shall be in accordance
with the approved engineering plans and the EDS of the town (and other
applicable codes and ordinances). Any change in design that is required
during construction should be made by the registered 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
town engineer. If the town engineer finds, upon inspection, that any
of the required public improvements have not been constructed in accordance
with the town's standards and EDS, then the property owner shall
be responsible for completing and/or correcting the deficiencies such
that they are brought into conformance with the applicable standards.
(b)
Certificate of satisfactory completion.
(1)
The town will not accept dedication of required public improvements
until the applicant's engineer or surveyor has certified to the
town 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 town 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/or other public improvements, showing that the layout of
the lines and grades of all public improvements are in accordance
with construction 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/seal of the registered 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 town with a copy of
the final plat and the engineering plans, if prepared on a CADD system,
in such a digital format (i.e., on disk) that is compatible with the
town's CADD system. When such requirements have been met, the
town engineer shall thereafter make a recommendation to the town council
to accept the public improvements for dedication in accordance with
the established procedure.
(2)
Acceptance of the development shall mean that the developer
has transferred all rights to all the public improvements to the town
for use and maintenance. The town 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 owner has posted a performance bond,
letter of credit or cash bond in the amount of one hundred percent
(100%) of the estimated cost of those remaining improvements for a
length of time to be determined by the town council. If the remaining
public improvements are greater than $10,000.00 and are not completed
within the determined length of time, the town will impose a ten percent
(10%) penalty 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 town.
(3)
Upon acceptance of the required public improvements, the town
engineer shall submit a certificate to the developer stating that
all required public improvements have been satisfactorily completed.
Ordinance 24-002 adopted 8/12/2024
(a)
The town council may, upon petition of the property owner and
favorable recommendation of the town 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 town council,
the property owner shall deposit in escrow his share of the costs
(in accordance with town participation and oversizing policies) of
the future public improvements with the town prior to approval of
the plat, or the property owner may execute a separate development
agreement secured by a cash escrow or, where authorized, a letter
of credit guaranteeing completion of the deferred public improvements
upon demand of the town.
Ordinance 24-002 adopted 8/12/2024
(a)
No building permit shall be issued for a lot or building site
unless the lot or site has been officially recorded by a final plat
approved by the town, and unless all public improvements, as required
by this chapter for final plat approval, have been completed.
(b)
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 town and recorded
at the county.
Ordinance 24-002 adopted 8/12/2024
