In the event that any improvements which may
be required under this chapter have not been installed as provided
in this chapter or in accordance with the approved final plan, the
City Council may enforce the bond or other security by appropriate
legal and equitable remedies. If the proceeds of such bond or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements covered by such bond
or security, the City Council may, at its option, install or repair
part of such improvements in all or part of the subdivision or land
development and may institute appropriate legal or equitable action
to recover from the land developer the moneys necessary to complete
said improvements. All of the proceeds whether resulting from the
security or from legal or equitable action brought against the landowner
or developer, or both, shall be used solely for the installation of
improvements covered by such security.
Upon completion of the construction of improvements
in accordance with the approved subdivision and/or land development
plan, the following conditions shall apply to the offer of dedication
of the same and the acceptance thereof:
A. The City Council shall have no obligation to take
over and make public any street or alley,or other improvement in or
abutting a subdivision or land development. If the City Council elects
to accept an offer of dedication, such acceptance shall not occur
unless and until:
(1) The required improvements and monuments as shown on
the approved subdivision and/or land development plan, conservation
plan and construction improvements plan shall have been certified
by the City Engineer as having been constructed and installed in accordance
with the provisions of this chapter and all other ordinances, codes,
regulations, plans and maps of the city and accurately delineated
on an as-built plan.
(2) A maintenance guaranty is provided through the posting of financial security, such as that deemed to be acceptable to the city as set forth in §
197-66A. Such guaranty shall assure the structural integrity of required improvements as well as the functioning of said improvements, in accordance with the design and specifications as depicted on the approved final plans for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be in an amount equivalent to 15% of the actual cost of installation of the required improvements.
(3) A deed or deeds of dedication for all such improvements,
prepared and executed by the landowner or developer in accordance
with forms prescribed by the City Council, shall have been presented
to the City Council, together with a certificate from the contractor
or contractors evidencing the payment of all labor and material costs
and a policy of title insurance, insuring the fee title to said improvements
as free and clear of all liens and encumbrances and other objections
to the title.
(4) At least 50% of all lots having access to the street
has been encompassed by completed dwellings, and the City Council
shall determine that the public interest requires that such improvements
be accepted.
(5) Any offer of a deed of dedication must be accompanied
by a maintenance bond and the as-built plan(s) at least 90 days prior
to the anticipated date for the acceptance of the deed of dedication.
B. The City Council shall have no responsibility with
respect to any improvements, notwithstanding any public use thereof,
unless and until such improvements are accepted for dedication by
duly enacting or adopting an ordinance or resolution therefor.