This chapter provides the tools needed to ensure that the improvements required by this title are in fact installed and maintained.

(1992 Development Code; Code 2011, § 11-15-1)

A required improvement is any improvement that must be provided to comply with this title.

(1992 Development Code; Code 2011, § 11-15-2)

The installation of all required improvements shall be at the developer's expense. The city may, at its discretion, participate in the costs of adding capacity to required improvements in order to provide for anticipated future developments.

(1992 Development Code; Code 2011, § 11-15-3)

(a)

All required improvements shall be installed in compliance with the policies of these regulations and any design and engineering standards separately adopted by the city or other agencies responsible for providing service to the development.

(b)

All required improvements shall be installed in accordance with the state standard specifications for public works construction.

(1992 Development Code; Code 2011, § 11-15-4)

(a)

Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.

(b)

Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:

(1)

Incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phases.

(2)

Identifies all required improvements in the initial phases and establishes their estimated cost.

(3)

Sets a schedule for the completion of the required improvements in the initial phases and an anticipated schedule for future phases.

(4)

Guarantees completion, repair, and one year's maintenance of all required improvements in the initial phases, using one of the methods listed in section 9-15-7, and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases.

(5)

Provides a process by which the city may, if necessary, complete required improvements using the guarantees provided.

(6)

Provides a process by which either party may request renegotiation of the development agreement.

(7)

Provides a process by which the development agreement may be transferred, with city approval, to the developer's successors.

(8)

Provides that the development agreement and any vested rights it confers shall be void if the city is required to call a guarantee to complete required improvements or if the anticipated schedule required by subsection (b)(3) of this section is not met or renegotiated. The developer shall have the right to renegotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated by the developer, within 90 days after their failure to initiate or complete a phase as scheduled.

(9)

An initial phase is any phase anticipated to begin within 18 months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than 12 months.

(1992 Development Code; Code 2011, § 11-15-5)

The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. Development agreements do not insulate developments from changes in state or federal regulations or changes in building and fire codes.

(1992 Development Code; Code 2011, § 11-15-6)

Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:

(1)

The developer may place an amount equal to 110 percent of the estimated cost in escrow, with that amount and accumulated interest being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least 25 percent of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account to complete those improvements before returning any remaining balance to the developer.

(2)

The developer may provide an irrevocable or standing letter of credit for an amount equal to 110 percent of the estimated cost. The letter of credit shall be released only after the city has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the credit available to complete those improvements.

(3)

Large-scale development may be completed in phases, with a separate final plat for each phase, but only where the development agreement provides for the timely installation of essential improvements, sets a schedule for each phase, provides for financial assurance by one of the methods listed in this section for each phase, and specifies a process for renegotiation of the agreement if the schedule is not met.

(1992 Development Code; Code 2011, § 11-15-7)

Fees for the inspection of required improvements shall be set by resolution. Inspection fees shall be paid before any work on required improvements is permitted.

(1992 Development Code; Code 2011, § 11-15-8)

Required improvements shall be inspected by the administrator before acceptance. Acceptance of required improvements shall be by action of the council, following submission of the developer's written request for acceptance and receipt of the administrator's report that all improvements have been inspected and are in compliance with these regulations.

(1992 Development Code; Code 2011, § 11-15-9)

Reproducible as-built drawings of all subdivision improvements shall be provided to the city at the developer's expense.

(1992 Development Code; Code 2011, § 11-15-10)

Required improvements shall be warranted by the developer for both materials and quality of work for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:

(1)

Retention of ten percent of an escrow account established to comply with section 9-15-7;

(2)

A continuing letter of credit, as provided in section 9-15-7, but for ten percent of the cost of the required improvements; or

(3)

Establishment of a new escrow account, in which an amount equal to ten percent of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty.

(1992 Development Code; Code 2011, § 11-15-11)

The continuing maintenance of any private improvement required for compliance with any performance standard of this title shall be required. The maintenance of landscaped areas shall include irrigation, maintenance of the irrigation system, and weed and pest control.

(1992 Development Code; Code 2011, § 11-15-12)

Any development subject to continuing maintenance requirements that results, or may reasonably be expected to result, in the creation of multiple ownerships shall create a community association or other mechanism to ensure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and bylaws for the community association with their application for a permit and shall provide evidence that these documents have been recorded before a certificate of occupancy is issued.

(1992 Development Code; Code 2011, § 11-15-13)

Failure to maintain any required improvement shall be a violation of this title.

(1992 Development Code; Code 2011, § 11-15-14)