Subdivisions
1 Editor's note(s)—Ord. No. 21-746, § 2, adopted Sept. 21, 2021, repealed and readopted Ch. 13 to read as set out herein. Former Ch. 13 pertained to similar subject matter and derived from Ord. No. 10-585, § 8, adopted Aug. 17, 2010; Ord. No. 12-600, § 4, adopted Feb. 7, 2012; Ord. No. 14-633, § 1, adopted Sept. 2, 2014; Ord. No. 15-639, §§ 1, 2, adopted Sept. 15, 2015; Ord. No. 19-683, § 4, adopted March 19, 2019; Ord. No. 19-690, § 5, adopted Aug. 20, 2019; and Ord. No. 21-739, § 1, adopted June 15, 2021.
This Chapter shall be known and cited as "The Subdivision Standard Control Ordinance of Gastonia, North Carolina."
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The procedures and standards for the development and subdivision of real estate and for the surveying, platting, and recording thereof, adopted and prescribed by this Ordinance pursuant to the powers contained in G.S. ch. 39, art. 5A, and G.S. ch. 160D, art. 8.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
A list of all subdivisions approved under this Chapter shall be kept on file in the office of the Subdivision Administrator.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Standards of accuracy as prescribed in G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 39C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
| Warning Citation | Correct violation within ten (10) days |
| First Citation | $50.00 fine plus correct violation within ten (10) days |
| Second Citation | $100.00 fine plus correct violation within ten (10) days |
| Third and Subsequent Citations | $250.00 fine plus correct violation within ten (10) days |
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Note: Approval of such a modification by the City Council shall also be in compliance with the stipulations contained in Section 13.7A.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
A decision rendered by the TRC may be appealed within thirty (30) days thereafter in accordance with G.S. 160D-405(d). Such appeal shall be made in accordance with G.S. 160D-1403.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
These regulations shall become effective on November 20, 2009, and continue in full force and effect as may be amended from time to time.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
This Ordinance was duly adopted by the Gastonia City Council on October 20, 2009 and any subsequent replacements or amendments.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-845, § 10, 12-16-25)
Effective on: 12/16/2025
Final plats shall show all of the information appearing in the "Final Plat Checklist" on file with the Subdivision Administrator and published in accordance with G.S. 160D.
The owner or subdivider seeking approval shall submit an application in writing to the City along with at least two (2) mylar prints of the final plat and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD. Digital submittals shall occur through the City's portal in accordance with the City's Digital Submittal Guidelines. The submittal shall be deemed complete only if they contain all of the information as listed in Section 13.19 of this Chapter and accompanied by a fee, in accordance with a fee schedule adopted by the City Council. The final plat shall be at a scale of not less than one inch equals one hundred (100) feet.
The final plat shall be prepared by a registered land surveyor currently licensed and registered in the State of North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.
The Subdivision Administrator shall submit the plat for review to the TRC. The TRC shall have thirty (30) days from the date of submittal of the complete application to (i) approve the plat or, (ii) disapprove the plat. Notice of the TRC's decision shall be sent to the subdivider within five (5) working days thereof. If an agreement between the TRC and the Subdivider has not been reached regarding the proposed plat within said 30-day period, the plat shall automatically be transferred to the Planning Commission for their review and recommendation.
If the final plat is not approved, the Subdivider shall have up to thirty (30) days to resubmit a revised version of the final plat to the Subdivision Administrator without having to pay an additional filing fee. If a revised plat is not submitted within said period, any future submittal will require the payment of an additional fee. The TRC shall review the revised plat in the same manner as the original plat.
If the final plat is approved, the Subdivider shall file with the Subdivision Administrator a check made payable to the Gaston County Register of Deeds in an amount sufficient to cover the costs of recording the plat. The Subdivision Administrator shall promptly deliver the check and plat to the Register of Deeds for recordation.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The initial step in securing approval of a major subdivision/unified development shall be the submission of an application.
The application shall be deemed complete if accompanied by (1) a fee, in accordance with a fee schedule adopted by the City Council and, (2) Digital submittal through the City's portal in accordance with the City's Digital Submittal Guidelines, meeting the requirements of Section 13.15, prepared by a registered professional engineer or registered land surveyor, and containing the following information:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Upon submittal of a complete application to the City, the TRC shall have up to thirty (30) days to review the plat and make comment concerning the appropriateness of the subdivision and conformity with this and other applicable City Ordinances and regulations. Notice of said comments shall be sent to the subdivider within five (5) working days thereof.
The subdivider shall have the opportunity to resubmit the plat once the TRC's comments have been sent to the subdivider. The TRC shall have up to ten (10) working days to review and make comment on a revised version of the plat submitted by the subdivider.
Staff review.
Review and approval of the completed Preliminary Plat by the Subdivision Administrator following input by TRC is required under the Major Subdivision review process, with review and approval of both the Preliminary Plat/Site Development Plan and the Final Plat made by the Subdivision Administrator.
This review shall be made by the Subdivision Administrator and by any other agencies or officials comprising the TRC as set forth in G.S. 160D-803(b) and as requested by the Subdivision Administrator. The Subdivision Administrator shall review the Preliminary Plat/Site Development Plan for Major Subdivisions for compliance with the applicable requirements of this Ordinance and other applicable Ordinances and laws, to which their respective departmental role applies.
The subdivider shall be notified within five (5) working days after approval. After submission of the preliminary plat, the Subdivider may proceed to obtain approval of the construction plan as stipulated in Section 13.16.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
A vicinity sketch or key map at a scale of not more than one thousand feet to the inch (1" = 1000') shall be shown on or accompany the preliminary plat. This map shall show the position of the subdivision with relation to the surrounding streets, either open or dedicated, and adjoining properties.
The preliminary plan of the subdivision shall be drawn to a scale of not more than one hundred feet to the inch (1" = 100') and may be on one or more sheets, not larger than twenty-four inches by thirty-six inches (24" x 36"), showing the following information:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Within a year after approval of the preliminary plat, the Subdivider shall submit to the City a construction plan meeting the requirements of Section 13.17. All plans to be uploaded through the City's portal. Submittal requirements as per the City's Digital Submittals Guidelines.
A preliminary plat must be approved prior to the submittal of the construction plan. The Subdivision Administrator shall have up to forty-five (45) days to make initial comments on the submitted construction plan. The Subdivider shall be given the opportunity to amend the construction plan based on the Subdivision Administrator's comments. The Subdivision Administrator shall have fifteen (15) additional working days for review following each such resubmission by the Subdivider. The Subdivision Administrator shall have the authority to make final approval of the construction plans following approval of the preliminary plat. The approved construction plan shall be in conformity with the approved preliminary plat. The Subdivider will be required to enter into Agreement for Installation of Utilities in accordance with Chapter 14, Article II, Division 2 of the Gastonia City Code as applicable.
Approval of the construction plan and executed utility agreement shall give the Subdivider the opportunity to install and/or begin construction of public improvements consistent with the approved preliminary plat and approved construction plan.
After receiving approval of preliminary plat, construction plans, and after a preconstruction meeting, the Subdivider may proceed to construct improvements in accordance with this Chapter and as shown on the approved construction plan. Upon completion of such improvements, the Subdivider shall submit mylar drawings of the construction plan on sheets not larger than twenty-four inches by thirty-six inches (24" x 36"). The scale shall be not less than forty feet to the inch (1" = 40'), and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD showing as-built details of actual construction, when constructed by others than the City, as required by the Subdivision Administrator, for the City's records.
The construction plan (and preliminary plat) shall become null and void if, after one year of approval of the construction plan, construction of the public improvements to the land have not begun and are ongoing.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The construction plans shall be on sheets twenty-four inches by thirty-six inches (24" x 36"). The scale shall be not less than forty feet to the inch (1" = 40'), and, when available, on CD or other approved electronic media in .DWG format in the latest version of AutoCAD.
The construction plan may be on one or more sheets and shall show the following:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Upon completion of the improvements shown on the approved preliminary plat and construction plan, or upon posting an improvement guarantee bond in accordance with Section 13.20, the Subdivider shall submit a complete final recording plat for the area covered by such improvements. Two (2) mylar copies, and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD, meeting the requirements of Section 13.19, shall be submitted to the City for review and approval. Plat to be uploaded through the City's portal. Submittal requirements as per the City's Digital Submittals Guidelines. The plat shall not be considered complete unless accompanied by a fee, in accordance with a fee schedule approved by the City Council.
Final Plat Approval
The final plat of a subdivision shall be reviewed by the designated staff for compliance with the requirements of this chapter and for conformity with the approved preliminary plat. Substantial changes from the preliminary plat, as determined by the Subdivision Administrator, shall require an additional review by the TRC, to ensure compliance with existing regulations. Provided the final plat is complete, and no further review is determined to be required, the Subdivision Administrator shall act on the final plat of subdivisions within 30 days of receipt of the plat. Following final plat approval, the applicant shall record the plat for the subdivision in accordance with this subsection. No lots in a subdivision shall be sold prior to approval by the city and recording of a plat for the subdivision.
Following the approval of the Final Plat as set forth in the previous subsection, the Subdivider shall take the following steps to record the final Approved Plat. The original mylars of the final recording plat, and when available on CD or other approved electronic media in .DWG format in the latest version of AutoCAD, shall be made available for authentication when the Subdivision Administrator takes formal action approving the plat, and the plat shall indicate by certification in Section 13.19 that approval has been given by the Subdivision Administrator on the face of the final recording plat. The copy shall be properly filed in the office of the Subdivision Administrator. Upon final recording plat approval, the Subdivider shall deposit, with the Subdivision Administrator, a check made payable to the Gaston County Register of Deeds in an amount covering the cost of recording the final plat and the cost of the certified copy for the City. The Subdivision Administrator or their designee shall promptly deliver the map to be recorded together with the Subdivider's check, to the Register of Deeds.
(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-845, § 11, 12-16-25)
Effective on: 12/16/2025
The plat to be recorded in the office of the Register of Deeds for Gaston County, North Carolina, shall comply with the requirements set forth in G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest Amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps. The recording plat shall be identical to the preliminary plat insofar as subdivision lay-out, metes and bounds, control corners, street and alley rights-of-way easements, and any and all information necessary to be shown thereon for recording. Technical information required on the construction plan and which is not necessary for recording, as determined by the Subdivision Administrator, may be omitted from the recording plat.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Whenever a tract of land included within any proposed subdivision includes any part of a street or proposed street so designated on the CTP, excluding streets or proposed streets with full control of access, the Subdivider shall:
For the purpose of this section. Full Control of Access means:
Connections to a facility provided only via ramps at interchanges. All cross-streets are grade-separated. No private driveway connections allowed. Control of access, which includes a control of access fence, is acquired along the entire length of the facility, and approximately 1000 feet beyond the ramp terminals on the Y lines (intersecting facilities) at interchanges, and approximately 300 feet on each side of the structure on Y lines at grade separations. Full control of access should be utilized on Freeways/Interstates.
(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 21-748, § 5, 10-19-21; Ord. No. 25-836, § 2, 9-16-25)
Effective on: 9/16/2025
(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-827, § 1, 3-4-25)
Effective on: 1/1/1901
Multiple accesses into a subdivision are required to be provided for additional ingress and egress. Any subdivision exceeding seventy-five (75) lots shall be provided with at least two (2) entrances and any subdivision exceeding one hundred and fifty (150) lots shall be provided with at least three (3) entrances on to a public street or interconnect to an adjoining/adjacent existing publicly maintained street, road or highway. Requirement for multiple entrances shall be based on the cumulative number of lots for a contiguous development, whether or not it is developed in phases. The administrator shall have the authority to waive the number of needed accesses, dependent upon development layout, size, environmental conditions and other reasonable factors. Subdivision entrances shall be no closer than two hundred (200) feet, as measured from the street centerlines. Subdivision entrances shall also comply with Fire Department requirements for remoteness.
(Ord. No. 21-746, § 2, 9-21-21; Ord. No. 25-827, § 1, 3-4-25)
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
All changes in street grade shall be connected by vertical curves of a minimum length as determined by City of Gastonia Standards and Specifications.
The minimum radius of horizontal curvature on the center line of a street shall be as follows:
Between reverse curves on thoroughfares there shall be a tangent of not less than one hundred (100) feet, except where curves are spiral curves; all other streets shall have a tangent of not less than fifty (50) feet between reverse curves, unless otherwise approved by the Subdivision Administrator.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Streets within the subdivision, and any other streets required to be opened to gain ingress and egress from existing streets into the subdivision, shall be graded by the Subdivider to their full right-of-way width so as to provide adequate shoulders and pedestrian walkways. Such grading and construction shall be done in accordance with the typical cross-section and profile approved by the Subdivision Administrator. The minimum distance permitted for any new street opened or constructed under this Chapter shall extend the entire length of property to be developed by the subdivider.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Approval of the preliminary plat by the TRC and/or Subdivision Administrator shall not constitute an acceptance of the streets for City maintenance. Streets will be accepted for City maintenance upon approval of a resolution by City Council.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Effective on: 1/1/1901
The paving of any newly dedicated or opened street, when provided by the Subdivider, shall be installed in accordance with the specifications of the Subdivision Administrator for the particular street involved, as follows:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The width of pavement shall be as follows:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Sidewalks shall be placed and constructed in accordance with all applicable City standards and specifications.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
When a subdivision is within the corporate limits, the Subdivider shall make a written application to the Subdivision Administrator for water supply lines and sanitary sewer collection lines in accordance with existing Ordinances and policies so as to provide water supply service and sanitary sewer service to every lot within the subdivision, and shall provide for all utility easements necessary in the extensions of these services.
When the subdivision is outside the corporate limits and the City's utilities are reasonably accessible, the Subdivider shall make a written application to the City for water supply lines and sanitary sewer lines in accordance with existing Ordinances and policies so as to provide water supply service and sanitary sewer service to every lot within the subdivision, and shall provide for all utility easements necessary in the extensions of these services. See the City's Policy for Utility Connections Outside City Limits.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
No surface water drainage shall empty into any sanitary sewer line.
If a public storm drainage system is reasonably accessible to the subdivision either by being within or by adjoining its boundaries, the Subdivider shall connect with such storm drainage system and shall do all grading and ditching, and shall provide and install all piping, appurtenances, and drainage structures deemed necessary by the Subdivision Administrator to properly carry the water to the storm drainage system.
If a storm drainage system is not reasonably accessible to the subdivision, the Subdivider shall do all grading and ditching, provide and install all piping, appurtenances and structures that are necessary to properly carry the surface water to locations within the boundaries of the subdivision which are acceptable to the Subdivision Administrator.
The size, location, design of structures, mode of installation and type of materials for all construction of storm sewers shall be as approved by the Subdivision Administrator. All storm drainage system pipe bearing vehicular loading shall be reinforced concrete pipe (ASTM C-76, latest amendment). All storm drainage construction shall be in accordance with the City's standard specifications and shall be inspected during construction by the Subdivision Administrator or their representative.
The Subdivider shall provide a general drainage and utility easement for each and every underground pipe or open ditch drain when located in other than a public right-of-way, and such easement shall be of a width satisfactory to the Subdivision Administrator.
The Subdivision Administrator shall have the authority to enforce both the drainage laws of the State of North Carolina and the Code of Ordinances of the City of Gastonia within the area covered by this Chapter, as related to storm sewers and/or surface drainage.
Subdivisions shall be graded in accordance with the most recent version of the "Subdivision Grading Minimum Design Standards."
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The City of Gastonia may accept the reservation of suitable areas for schools consistent with G.S. 160D-804(f).
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
Easements shall be provided for storm and sanitary sewers, electric power lines, water lines and other utilities in such widths, and at such locations as may be required by the Subdivision Administrator, in order to properly serve the lot and adjoining realty, but in no event shall the Subdivision Administrator require less than easements of ten (10) feet in width along all rear lines and exterior side lot lines, and five (5) feet in width along each side of all interior side lot lines. All off-street easements not contiguous and parallel to the public street right-of-way shall be located in/on areas dedicated as Common Open Space and be dedicated for pedestrian use by the public.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
In accordance with G.S. ch. 39, art. 5A, whenever a Subdivider shall divide any parcel of real estate into lots and lay off streets, he shall cause at least one or more corners of the development to be designated as a control corner and place at such control corner a permanent marker. The permanent marker shall be as prescribed in the G.S. 47-30 Mapping Requirements, as amended; Standards of Practice for Land Surveying in North Carolina, amended effective August 1, 2002, or latest amendment, published by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors, G.S. ch. 89C, as amended, and the requirements of the Gaston County Register of Deeds shall apply to all surveys and maps.
All lot corners shall be accurately established and shall be marked with a permanent or semi-permanent marker provided by the Subdivider and approved by the Subdivision Administrator, such as concrete monuments, or iron or steel pins or pipes of an appropriate length and driven in so as to project approximately two (2) inches above the ground. Front corner irons of lots should be placed after the streets are graded, so that sidewalk areas may be graded to the proper elevation without destroying the lot corners.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
All subdivision proposals shall be consistent with the need to 1) minimize flood damage and 2) prevent impacts on protected areas shall meet the following standards:
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The subdivision administrator, in situations where the installation of certain public improvements would be impractical, serve no useful purpose, and/or would be untimely with respect to a future overall upgrading of facility, may permit or require the payment of the cost of building said certain improvements in lieu of the actual installations thereof.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The purpose of this Chapter is to provide for efficient, adequate, and sufficient streets with adequate width and with proper alignment and grades designed to promote the public safety, health, and general welfare; to provide for suitable residential, business, commercial, institutional, governmental, and industrial areas with adequate streets and utilities and with appropriate building sites; to ensure sound, orderly urban development; to save the unnecessary expenditure of public funds by reserving space for public parks and playgrounds and by initial proper construction of streets; and to provide better identification and permanent location of real estate boundaries, and to ensure that all development conducted by the City of Gastonia or its contractors shall fully comply with the standards set forth herein.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
The regulations contained herein shall govern each and every subdivision of land, as herein defined, within the corporate limits of the City of Gastonia as is indicated on the most recently adopted version of the Gastonia Zoning Map, the provisions and boundaries of said map being incorporated herein by reference.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
| Guarantee Type | Purpose | Amount | Section |
|---|---|---|---|
| Performance | Provide in lieu of the completion, installation and dedication of public improvements shown on the approved construction plan. | One hundred twenty-five (125) percent the cost of installing all required public improvements. | 13.20.2 |
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901
In lieu of requiring the completion, installation and dedication of all improvements shown on the approved construction plans prior to approval of the final recording plat, the City may enter into an agreement with the subdivider whereby the subdivider shall agree to provide an improvement guarantee or security to complete all required improvements. Once said agreement is signed by both parties and the security required herein is provided, the final plat may be approved, as outlined in Section 13.18, if all other requirements of this Ordinance are met. To secure this agreement, the subdivider shall provide to the City either one or a combination of guarantees in accordance with G.S. 160D-804.1. The subdivider shall choose the type of guarantee. The amount of such guarantee shall be equal to one hundred twenty-five (125) percent the cost of installing all required improvements, as proposed by the subdivider and verified by the City. All approved security guarantees shall be made payable to the City.
As determined by the City based on two (2) contractor's estimates or one engineer's estimate and one contractor's estimate. The estimate shall be valid through the life of the guarantee.
The subdivider shall provide a performance guarantee which shall mean any of the following forms of guarantee per 160D-804.1(1):
The performance guarantee shall be deposited with the City.
The duration of the performance guarantee shall be for a minimum of two (2) years. If the improvements are not complete at the time the performance guarantee is set to expire, the performance guarantee shall be extended for an additional period until all required improvements are completed.
That in case of a failure on the part of the subdivider to complete said improvements thirty (30) days prior to the expiration of the guarantee, the institution issuing such guarantee shall be notified of such action by the City. The City may take necessary action to redeem the guarantee and to install said improvements. The issuing institution shall then immediately pay to the City the requisite funds needed to complete the improvements, up to the full balance of the guarantee, or deliver to the City any other instruments fully endorsed or otherwise made payable in full to the City. Any expenses associated with cost verifications incurred by the City shall be borne entirely by the subdivider.
The Administrator may authorize the release of a portion of any guarantee posted as the improvements are completed and approved by the City. Said guarantees may be returnable in four (4) phases to the subdivider or other appropriate parties upon completion of twenty-five (25) percent, fifty (50) percent, seventy-five (75) percent, and one hundred (100) percent) of the necessary improvements. Completion of said phases shall be determined solely by the City. Such funds shall then be released within thirty (30) days after the corresponding improvements have been so approved. Provided however, the balance remaining as guarantee shall continue to equal one hundred twenty-five (125) percent the estimated cost of the remaining improvements, as verified by the City. Whenever a surety bond or letter of credit has been submitted, the Administrator shall notify the subdivider at least ninety (90) days prior to the time said guarantee is set to expire. If the subdivider does not extend or replace said guarantee within sixty (60) days of said notification, the Administrator shall, through the City Attorney's Office, and after notifying the City Clerk's Office, begin proceedings for calling upon the guarantee. Any extension or replacement shall be in an amount not to exceed one hundred twenty-five (125) percent of the reasonable estimated cost of the remaining incomplete improvements still outstanding at the time the extension is obtained. If the extension or replacement is in an amount less than the original guarantee, the subdivider shall provide an estimate supporting such reduced amount that meets the requirements of Section 13.20.2A above. Upon completion of all the improvements required herein, written notice shall be given by the developer to the Administrator. The City shall inspect said improvements within thirty (30) days and either recommend the release of the security given to the City or indicate to the developer any area of non-compliance.
(Ord. No. 21-746, § 2, 9-21-21)
Effective on: 1/1/1901