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.