(a)   The owner or owners of any tract of land shall submit to the Planning Commission a plan for the use and development of such tract of land lying within the City or within the three-mile limit thereof, and the plan of streets, drives and ways dedicated for public use.

   (b)   If such Development Plan is approved after hearing by the Planning Commission and Council, the application of the use and yard regulations established herein shall be modified as required by such development plans provided that for such tract as a whole, excluding street area but including area to be devoted to parks, parkways or other permanent open space, there will be not less than the required area per family for the area district in which such tract of land is located for each family which under such Development Plan may be housed on such tract; and provided further, that under such Plan the appropriate use of property adjacent to the area included in such Plan is fully safeguarded and all the improvements are assured, and so certified to the heads of all divisions responsible for such improvements.

(Ord. C79-74. Passed 1-20-75.)

   In interpreting and applying the provisions of this Zoning Code, such provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, provided that where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height of the buildings or requires larger lots or yards than are imposed or required by such existing provisions of law or ordinance or by such rules or regulations the provisions of this Zoning Code shall control.

(Ord. C79-74. Passed 1-20-75.)

   (a)   Upon the acceptance of a plat by Council and the filing of the plat with the County Auditor, all streets thereon become dedicated to the City.

(Ord. C 79-74. Passed 1-20-75.)

   (b)   Upon acceptance of the plat and the dedication of streets, as provided in subsection (a) above, the owner or developer shall furnish a performance bond or other forms of guarantee as provided for in Section 1141.04. No building permits shall be issued until such bond or guarantee for the public improvement has been posted by the owner or developer in the amount provided for herein.

(Ord. C 42-75. Passed 6-23-75.)

   (a)   Upon acceptance of the final plat by Council, the owner or the developer shall agree, in writing, to complete all public improvements required by Sections 1141.01 to 1141.05 and prior to recording the plat with the County Recorder, he shall guarantee the remaining construction of the public improvements using one of the following:

(Ord. C38-76. Passed 4-19-76.)

      (1)   A performance bond equal to the estimated construction cost as approved by the City Engineer for the public improvements;

      (2)   A certified check equal to fifty percent of the estimated construction cost as approved by the City Engineer for the public improvement; or

      (3)   Subject to the approval of the Director of Finance, a certification to the City by the institution, person, or corporation financing the construction of the public improvements stipulating that the funds in the amount of the estimated construction costs are available and set aside from all other funds;

      That these funds will not be released to the owner, developer or their agents unless a release is signed by the City;

      That such release by the City only certifies that as best the City can determine the construction was completed to the City's satisfaction and does not relieve the owner and/or developer of the City's maintenance guarantee requirements;

      That ten percent of all moneys released will be placed in an escrow account for use by the City should there be cause for the City to have to finish any work through the default, neglect, or negligence of the owner, developer or their agents;

      That only the City shall have the right to release the funds in the escrow account; and

      That acceptance of the public improvements by the City and the posting of the one year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the City.

(Ord. C 42-75. Passed 6-23-75.)

   (b)   The owner or developer shall, prior to beginning construction, deposit with the Finance Director a sum of money as prescribed by the City Engineer, to defray the cost of inspection and whatever engineering services may be required and expense incurred by the City in the installation of the improvements. Should the amount of such deposit be insufficient to pay the cost thereof, the subdivider shall, immediately upon demand, deposit such additional sums as are estimated by the City Engineer to be necessary. Upon completion and acceptance of the improvement, any unexpected balance remaining from such deposit or deposits shall be refunded.

(Ord. C 79-74. Passed 1-20-75.)

   (a)   The owner and/or developer of the plot or tract of land to be developed agrees:

      (1)   That he will make no conveyance of any lot or parcel smaller in frontage or area than indicated on the plat, except for the purpose of increasing the area of another lot.

      (2)   That all construction work and materials used in connection with the public improvements in the area platted will conform to requirements and specifications of the City.

      (3)   That the City Engineer will be notified in writing three days before any construction is begun on such public improvements in order that inspection may be provided.

   (b)   The developer shall hold the City free and harmless from any and all claims for damages of every nature arising or growing out of the construction of such improvements and shall defend, at his own cost and expense any suit or action brought against the City by reason thereof until the improvement has been accepted by the City at the end of the one year maintenance period and the developer notified, except such liability of the City resulting from its sole negligence.

(Ord. C79-74. Passed 1-20-75.)

   Applications for all building permits for new construction or remodeling shall be accompanied with a site plan and grading plan as part of such applications, showing description of land and proposed building construction so as to readily identify and definitely locate such land and building, showing distances from side lot lines to adjacent buildings on the same lot or adjacent lots, showing off-street parking areas as designated by this Zoning Code for the various use districts, showing location of existing rights of way, showing access to the property, and showing existing and proposed grades and drainage from or onto adjacent property.

(Ord. C79-74. Passed 1-20-75.)

   (EDITOR'S NOTE: See Section 1131.99 for general Zoning Code penalty.)