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Honeyville City Zoning Code

CHAPTER 33

- SUBDIVISION IMPROVEMENTS

10-33-1: - Improvements required

A.

Compliance: No final plat of a subdivision of land shall be recorded without receiving a statement signed by the city engineer certifying that the improvements described in the developer's plans and specifications meet the minimum requirements of all ordinances of the city, that they comply with the recommendations of the local and/or state board of health, the planning commission, the fire department and other city departments and with the standards, rules and regulations for subdivisions approved by the city council, which standards, rules and regulations are hereby incorporated in this title by reference.

B.

Guarantee: No final plat of a subdivision of land shall be recorded unless the developer shall furnish to the city a guarantee in an amount equal to one hundred fifteen percent (115%) of the reasonable cost of the improvements required by this chapter. The amount of the guarantee shall be estimated by the developer's engineer and approved by the city engineer and conditioned upon payment by the developer of all expenses incurred and for all labor or material used in the construction of required improvements. The provisions of the guarantee shall be for the protection of laborers and material men and to guarantee the quality, quantity and performance of all improvements as required herein. In no event shall the city be deemed liable under this chapter on any claim asserted by a laborer or material provider.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-2: - Essential facilities

The developer of any land shall install or guarantee the installation of the following essential facilities as needed to serve a development in compliance with applicable construction standards:

A.

Water Supply: Developers shall obtain approval from the city council for water rights and connections to any public or private culinary water system. In cases where it is not feasible to hook into a public or private water system, developers shall develop a water system that conforms with the standards of the state division of safe drinking water, Bear River health department and city standards, including fire protection standards.

B.

Secondary Water Supply:

1.

When secondary water rights are available to the land to be subdivided, the developer shall install the water main valves, turn outs and service lines or laterals for such mains prior to the installation of road base, surfacing, curb, gutters and sidewalks.

2.

When culinary water is unavailable to satisfy irrigation needs of the land to be subdivided, the developer shall develop a secondary water system to meet such needs.

C.

Sewage Disposal:

1.

Sewage disposal shall be achieved by connecting to a sanitary sewer collection system approved by the Bear River health department.

2.

The department shall issue a permit for each lot according to its capacity to support an individual sewage disposal system. In such case and before a final plat may be recorded, the district sanitarian shall certify that the soils exam, completed at the developer's expense, indicates that individual sewage disposal systems are feasible.

3.

Each final plat shall include the words "no proposed public sewage disposal system" unless a public sewer system is available to serve the lots in the plat.

D.

Stormwater Drainage:

1.

The developer shall obtain approval from the city engineer for plans to control stormwater to assure that any increase in stormwater runoff will not flow from the subdivision to adjacent properties, unless drainage easements have first been obtained for such properties.

2.

Final plans for the drainage system shall be prepared by a licensed engineer and shall include all pipe, inlets, manholes, detention ponds, outlet structures and appurtenant works, including such bridges and culverts as may be needed. The width of bridges or lengths of culverts shall be equal to the width of the street right of way but not more than sixty-six feet (66') for any one bridge or culvert. The complete stormwater drainage system shall be installed prior to the surfacing of streets and the installation of road base, curbs, gutters and sidewalks.

E.

Road Improvements:

1.

Unless otherwise permitted by an express provision of this title, each road to be constructed and dedicated to the city shall meet city standards and shall have a minimum improved width consisting of thirty-five feet (35') of bituminous surfacing and two and one-half feet (2.5') wide curb/gutter on each side for a total improved width of forty feet (40'). Sidewalks shall be required on each side of the street between the curb/gutter and right of way line in conformance with applicable construction standards. Road right of way widths shall conform to the design standards set forth in section 10-31-2 of this title.

2.

A developer of a subdivision which abuts a substandard street shall dedicate and improve additional right of way necessary to meet the street standards required to serve the subdivision.

F.

Fire Protection: Fire hydrants shall be placed within five hundred feet (500') of one another throughout a subdivision and installed accordingly as required by applicable building and fire codes.

G.

Utility Services: A developer shall be responsible for securing service agreements with local electrical, telephone, and natural gas providers and shall be financially responsible for any associated costs to extend such utilities to a development.

H.

Street Signs: The contractor will furnish and install all necessary street signs at required locations and in conformance with city standards.

I.

Monuments: Permanent monuments shall be accurately set and established at such points as are necessary to definitively establish all lines of a subdivision plat, except those outlining individual lots. Monuments shall be of a type approved by the city engineer. All subdivision plats shall be tied to a section corner, a monument of record, or an established land office survey corner.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-3: - Order of making improvements

A.

Compliance with Construction Standards: The improvements required in this title shall be installed in compliance with applicable construction standards. No improvements shall be installed until their location and specifications are approved by the city engineer.

B.

Underground Installations: Unless waived in writing by the city engineer, all underground utilities, water, sewer and gas laterals and fire hydrants shall be installed prior to road base, curbs, gutters, sidewalks and surfacing the streets.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-3.5: - Signature blocks

SURVEYOR'S CERTIFICATE

I, _______________________________, a registered professional land surveyor, holding Certificate No., as prescribed by the laws of the State of Utah, and do hereby certify that by authority of the owners, I have made a survey of the tract of land shown on this plat and described herewith, and have subdivided said tract of land into lots and streets to be hereafter known as, and that the same has been surveyed and staked on the ground as shown on this plat.

Signed on this ____________________ day of _________, ______.

____________________________________

Registered Land Surveyor

OWNER'S DEDICATION

Know all men by these presents that we, the undersigned owners of the described tract of land below, having caused the same to be subdivided into lots and street to hereafter be known as _________________________, do hereby dedicate for perpetual use of the public all parcels of lands owned on this plat as intended for public use, and do warrant, defend, and save the City harmless against any easements or other encumbrances on the dedicated streets which will interfere with the City's use, operation, and maintenance of the streets and do further dedicate the easements as shown.

In witness thereof, we have hereunto set our hands this _____________ day of ___________, ____.

_____________________________________

Signed

_____________________________________

Signed

OWNER'S ACKNOWLEDGMENT OF RESPONSIBILITY

Know all men by these presents that we, the undersigned owners of the tract(s) of land contained within in the Subdivision Boundary described hereon, acknowledge that failure of the Local Jurisdiction or Planning Commission to observe or recognize hazardous, unknown or unsightly conditions, or to recommend denial of the subdivision because of said unrecognized hazardous, unknown or unsightly conditions shall not relieve the developer or owner from responsibility for the condition or damages resulting therefrom, and shall not result in the Local Jurisdiction or Planning Commission, its officers or agents, being responsible for the conditions and damages resulting therefrom.

In witness thereof, we have hereunto set our hands this day _________ of __________, ___.

_____________________________________

Signed

_____________________________________

Signed

ACKNOWLEDGMENT

STATE OF UTAH) ss.

County of _______________)

On the _______________ day of ____________________ A.D., _________, personally appeared before me, the undersigned Notary Public, in and for said County of _________________, in the State of Utah, the signer(s), of the above Owner's Dedication and Owner's Acknowledgment of Responsibility, ___________________________ in number, who dully acknowledged to me that _________________________ signed it freely and voluntarily and for the uses and purposes therein mentioned.

_________________________________

NOTARY PUBLIC

__________________________________

Residing at

My Commission expires:

__________________________________

CORPORATE ACKNOWLEDGMENT

STATE OF UTAH) ss.
County of ______________)

On this the ________________ day of _____________ A.D., ____, personally appeared before me, the undersigned Notary Public, in and for the State and County ___________________, who after being a duly sworn, acknowledged to me that ______________________, a corporation, that signed the Owner's Dedication and Owner's Acknowledgment of Responsibility freely and voluntarily for and in behalf of the corporation for the purpose therein mentioned and that the corporation executed the same.

_______________________________

NOTARY PUBLIC

_______________________________

Residing at

My Commission expires:

_______________________________

OCCUPANCY RESTRICTION

HONEYVILLE CITY has an ordinance which restricts the occupancy of buildings within this Subdivision. Accordingly, it is unlawful to occupy a building located within this Subdivision without first having obtained a certificate of occupancy issued by CITY Building Inspector.

HONEYVILLE CITY PLANNING COMMISSION APPROVAL

Approved this _________________ day of _____________ A.D., _____ by the Honeyville City Planning Commission.

_______________________________

CHAIRMAN

CITY ATTORNEY'S APPROVAL AS TO FORM

Approved as to form this _________________ day of __________ A.D., _____.

_______________________________

HONEYVILLE CITY ATTORNEY

BOX ELDER DISTRICT HEALTH DEPARTMENT APPROVAL

Waste Disposal System and Culinary Water System Approval this day _______________ of _________, _____.

_______________________________

DISTRICT SANITARIAN

** (required only if development is not to be served by public sewer and water systems)

CITY COUNCIL APPROVAL AND ACCEPTANCE

Presented to the Honeyville City Council this ______________ day of ____________ A.D., _____ at which time this Subdivision and the Owner's Dedication was approved and accepted.

ATTEST:

_______________________________

CITY RECORDER

_______________________________

MAYOR

CITY ENGINEER'S APPROVAL

I certify that I have had this plat examined and find that it is correct and in accordance with the information on file in this office. I also certify that a copy of all accepted improvement plans for this subdivision have been submitted to this office each affixed with a stamp and signature of a Professional Engineer registered in the State of Utah who is not in the employ of the owner or developer.

_________________________

DATE

_______________________________

CITY ENGINEER

COUNTY RECORDER NO. ________________

State of Utah, County of ______________, recorded and filed at the request of ______________________.

Date ________________ Time _____________

Fee _______________________ Abstracted ___________________

Index _________________

Filed ________________

_______________________________

COUNTY RECORDER

10-33-4: - Minimum improvements needed for occupancy permit

No occupancy permit shall be issued until the following improvements are installed and approved in writing by the city engineer:

A.

Underground utilities including telephone, electrical, gas and water facilities.

B.

Sanitary sewer and storm systems.

C.

Curb, gutter, sidewalk and road base.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-5: - Improvements completion

All improvements, including the street paving, shall be completed within twelve (12) months after issuance of the first building permit in a subdivision. Seal and chip paving shall be completed within two (2) years after approval of a final plat.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-6: - Phased development; improvements continuous, orderly

Whenever a developer develops a subdivision one phase at a time, such development shall be completed in an orderly manner and in such a way that the required improvements will be continuous and all of the said improvements will be made available for the full, effective and practical use and enjoyment thereof by the purchasers, lessees, grantees, assignees or transferees of any of the lands subdivided within the time hereinbefore specified or within the phases specified.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-7: - Cost distribution

Every developer shall pay a roughly proportionate share of any on- or off-site improvements necessary to serve a development, as reasonably determined by the city engineer.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-8: - Oversized facilities

When it is determined by the city engineer that specifications for subdivision improvements are not adequate to meet the demands above and beyond the demands within the subdivision and it is necessary for said improvements to serve intervening or other properties, the developer will be required to install "oversized" facilities. Reimbursement for costs shall be handled through a cost sharing agreement with the developer and/or the property owners who benefit from the improvements.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-9: - Cost sharing agreement

A.

Conditions: Whenever any intervening property is located between the terminus of an existing service facility and the proposed subdivision, and the intervening property will be benefited by the installation of any of the required facilities, the developer shall pay for having all facilities, not installed by a utility company, constructed over, under and/or across the intervening property. If approved by the city council, before approval of a final plat and prior to any construction, the developer may enter into an agreement with the city for a partial cost reimbursement, otherwise agreements shall be made with intervening property owners.

B.

Actual Construction Costs; Determination: The cost of the facilities to be included in a cost sharing agreement shall be the actual construction cost as determined by competitive bids and shall include all costs for having the facilities installed, including legal, administrative and engineering costs.

C.

Proportionate Share Stated: The agreement shall state the proportionate share of the costs to be borne by the developer and the proportionate share to be reimbursed to the developer from fees collected from the intervening property owners.

D.

Deferred Credit: The city shall thereafter enter a deferred credit in its books and records and shall charge the benefited property owners the fee rates for sewer, water and electrical connections in effect at the time such connections are made. Such fees, not to exceed the maximum stated in the agreement, shall then be returned to the developer to reimburse the developer for the proportionate share of the costs of the installation of the facilities. The city may also elect to reimburse the developer for such "off-site" facilities after the developer has furnished the city with acceptable evidence that an agreed number of housing units are occupied. No interest shall accrue or become payable on such reimbursement. Engineering drawings showing benefited property shall be prepared by the developer's engineer.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-10: - Inspection

A.

Continuous Inspections:

1.

All construction work involving the installation of improvements in subdivisions shall be subject to inspection by the city and the construction standards of the following types of improvements. The city engineer or other authorized representative of the city shall make continuous inspections on the following improvements:

a.

Street surfacing, including seal coats.

b.

Preparation of base and pouring of concrete for curb and gutter, sidewalks and other structures.

c.

Laying of sewer pipe, drainage pipe, water pipe, valves, hydrants and all pipe testing.

d.

Installation of any mechanical equipment.

2.

Arrangement for inspection must be made with the city engineer at least seven (7) days prior to beginning construction of the improvements requiring continuous inspection.

B.

Periodic Inspections:

1.

The city engineer or other authorized representative of the city shall make periodic inspections on the following improvements:

a.

Street grading and gravel base.

b.

Excavations for curb and gutter and sidewalks.

c.

Excavations for structures.

d.

Trenches for laying pipe.

e.

Forms for curb and gutter, sidewalk and structures.

2.

Notice to the city engineer shall be given three (3) days in advance of the starting of work requiring periodic inspection.

C.

Inspections by Developer's Engineer:

1.

The developer shall require his engineer to make inspections as often as necessary in order to assure the developer that the improvements are being properly installed, that the improvements comply with the intent of the construction standards and that all improvements are laid to the proper grade, alignment and depth, and are constructed of the required quality of materials and that errors in design and/or construction are corrected before acceptance by the city.

2.

Prior to making a request for partial release of escrow funds or conditional acceptance of the subdivision improvements, the developer shall request that his engineer inspect the improvements and certify as to their acceptability. The certificate shall be attached to all partial release requests and the request for conditional acceptance.

D.

Materials, Equipment Used: Materials and equipment used in the construction of improvements shall be subject to adequate inspection and testing in accordance with generally accepted standards.

E.

Continuous Inspection and Testing by City: In order to further assure the city that the intent of the construction standards and this title are being complied with, the city shall provide the continuous inspection and testing services at the expense of the developer. Payment for this service will be made monthly from the escrow account or from funds deposited with the city by the developer.

F.

City Engineer Represents City: The city engineer shall act as the city's representative during the construction period and shall:

1.

Decide questions which may arise as to quality and acceptability of materials furnished and work performed.

2.

Interpret the intent of construction standards in a fair and unbiased manner.

3.

Make periodic visits to the site and determine if the work is proceeding in accordance with the provisions of this title.

G.

Responsibility:

1.

Each developer shall be solely responsible for complying with applicable construction standards and the provisions of this title in regard to the quality of materials, workmanship and execution of the work.

2.

The city engineer shall be responsible for the construction means, controls, techniques, sequences, procedures or construction safety.

H.

Performance Obligation of Developer: Inspections, tests or approvals by the city engineer or other agent representing the city shall not relieve the developer from his obligation to perform the work in accordance with the requirements of the construction standards and this title.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-11: - Guarantee of work

Each developer shall warrant and guarantee for a period of two (2) years from the date of the city's "conditional acceptance" that all improvements are free from defects due to faulty materials or workmanship. Such guarantee shall include street base, pipes, joints, valves, backfill, and compacting, the working surface, curbs, gutters, sidewalks and other accessories that are, or may be, affected by the developer's construction operations. Each improvement guarantee shall remain in effect until the developer receives final written acceptance from the city at the conclusion of the guarantee period.

A.

Repairs: Each developer shall, at no cost to the city, promptly make such corrections as may be necessary by reason of any improvement defects, including repair of damage to other improvements resulting from such defects. The city shall give notice of observed defects with reasonable promptness. In the event the developer fails to make such repairs, adjustments or other work that may be necessary due to such defects, the city may perform developer's obligations and charge the developer the cost thereby incurred.

B.

City Engineer Determination: The city engineer shall determine the necessity for repairs of improvements whose decision shall be final and binding upon the developer.

C.

Completion of Repairs: Whenever, in the judgment of the city engineer, improvements shall be in need of repair, the engineer shall cause written notice to be served on the developer. Thereafter the developer shall promptly complete such repairs. If the developer fails to complete repairs or make arrangements therefor within ten (10) days from the date of the service of such notice, the city engineer shall, upon approval of the city council, have such repairs made. The cost of such repairs shall be paid by the developer, together with twenty-five percent (25%) additional for stipulated damages for such failure on the part of the developer to make such repairs.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-12: - Improvement guarantee

A.

Required: Each developer shall execute a written improvement agreement, recorded in the office of the city recorder, where developer agrees that the subdivided property will not be leased or conveyed to any person unless all required improvements are installed or in lieu of installation, the developer furnishes the city, when the final plat is approved, one of the following guarantees, approved by the city council, that improvements, not then installed, will be constructed and paid for within a period of two (2) years from the date of subdivision approval:

1.

A bond with a corporate surety in an amount equal to one hundred fifteen percent (115%) of the cost of the improvements, plus costs estimated by the city engineer to perform inspection of said improvements by the city engineer's staff.

2.

A deposit in escrow with an escrow holder in an amount of money equal to one hundred fifteen percent (115%) of the cost of the improvements, plus costs estimated by the city engineer to perform inspection of said improvements by the city engineer's staff.

3.

An irrevocable letter of credit from a financial institution is filed with the city which contains provisions substantially similar to those required in the escrow agreement.

B.

Covenant Running with Land: The improvement agreement shall specifically provide that it shall be deemed to be a covenant running with the subdivided land for the benefit of the city and shall particularly and accurately describe said land. The agreement shall further provide that the developer shall grant the city a lien on said land to secure the installation of all required improvements, together with the payment of all costs, including reasonable attorney fees which the city may incur in enforcing the terms of the agreement and costs of inspection by the city engineer's staff.

C.

Approval by City Attorney: The improvement agreement shall be approved as to form by the city attorney.

D.

Scope of Agreement: An improvement agreement shall be restricted to guaranteeing installation of applicable improvements and shall be separate from any developer financing or funding program.

E.

Funds Release: Funds can be released or the amount of the bond or letter of credit decreased only upon receipt of written authorization signed by the mayor of the city council.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-13: - Partial release of funds

A.

Authority: At the request of a developer the city council may release from a bond, an escrow agreement, or a covenant and lien, the estimated costs of improvements installed and approved by the city engineer.

B.

Application for Partial Release:

1.

At least ten (10) days before a partial release is desired (but not more often than once a month), the developer shall submit to the city engineer for review, an application for release, signed by the developer, which details the work completed as of the date of the application and supported by such data as the city engineer may reasonably require. The developer shall include with the release application a written statement of the current status of the escrow account signed by an officer of the bonding company, the escrow agent, or the institution issuing the letter of credit. The statement shall show the total dollars included in the agreement, the date, the amount of the releases to date, and funds remaining.

2.

The developer shall warrant that title to all work, materials, and equipment covered by an application for release, whether incorporated in the work or not, will have passed to the city prior to the making of the application, free and clear of all liens, claims, security interest and encumbrances; and that no work, materials, or equipment covered by an application for release will have been acquired by the developer or by any other person performing the work at the site or furnishing materials and equipment for the project.

3.

The city engineer shall, within ten (10) days after receipt of each application for release, either indicate in writing his approval of release and present the application to the city or return the application to the developer, indicating in writing his reasons for refusing to approve release. In the latter case, the developer may make necessary corrections and resubmit the application. The city shall, within thirty (30) days of presentation to it of an approved application for release, release the amount approved by the city engineer.

C.

Approval of Payments of the Application:

1.

The city engineer's approval of a requested release shall constitute a representation to the city that the subject improvements have been completed, to the best of the engineer's knowledge, information, and belief, in accordance with applicable construction standards. However, by approving any such payment, the city engineer shall not be deemed to have represented that the engineer:

a.

Made exhaustive or continuous on-site inspections,

b.

Checked the quality or quantity of the work,

c.

Reviewed the means, methods, techniques, sequences and procedures of construction, or

d.

Made any examination to ascertain how or for what purpose the developer has used the monies released.

2.

The city engineer shall refuse to approve a release application if the foregoing representations to the city cannot be made. The engineer may also refuse to approve a release if subsequent evidence nullifies a previously approved release and such action is necessary to protect the city from loss because:

a.

The work is defective;

b.

Claims have been filed or there is reasonable evidence indicating the probable filing thereof;

c.

The city has been required to correct defective work or complete the work; or

d.

Unsatisfactory execution of the work, including failure to clean up as required.

3.

A developer shall not obtain a release from the bonds, withdraw from the covenant and lien improvements guarantee any amount in excess of one hundred percent (100%) of the estimated cost of the improvements, but shall pay from other sources any costs for such improvements which exceed one hundred percent (100%) of the costs approved by the city engineer.

4.

If a developer installs any or all required improvements prior to final plat approval, the developer shall furnish the city one of the three (3) guarantees listed in subsection 10-33-12A of this chapter at the time the final plat is approved, in an amount equal to fifteen percent (15%) of the cost of the improvements as a guarantee that the improvements, as installed, shall remain free from defects and shall be maintained by the developer until final acceptance by the city council.

5.

If a developer furnishes a bond, an escrow, or letter of credit, the city council shall hold the remaining fifteen percent (15%) as a guarantee that the improvements, as installed, shall remain free from defects and shall be maintained by the developer until final acceptance by the city council. If the fifteen percent (15%) retainage is in the form of money deposited in an escrow account, release of said retained funds may be effected by the developer providing the developer files a bond, or furnishes an irrevocable letter of credit with the city council in an amount equal to the fifteen percent (15%) being retained.

6.

At any time during the guarantee period and in the event the required improvements are not installed within two (2) years, or are not being maintained during the guarantee period, after conditional acceptance, or are found to have latent defects, the city engineer shall, by written notice, advise the developer that:

a.

Necessary installation, construction, repair or replacement shall be made within thirty (30) days, which may be extended by the city council at its sole discretion,

b.

The city will make the necessary installation, construction, repair or replacement if the developer does not do so within the time permitted, and

c.

The city will exercise its rights, as contained in the improvement agreement, to obtain the funds and/or pay for the installation, construction, repair or replacement of the required improvements.

7.

If, after one year after the city has conditionally accepted the improvements required by this title, the required improvements remain substantially free from latent defects, the city council may release to the developer the balance of the bond, escrow account, and/or letter of credit. This release and any prior approval of the city engineer shall not relieve the developer of any of his responsibilities as required by this title, which includes guaranteeing the improvements for a total of two (2) years from the date of conditional acceptance.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-14: - Conditional acceptance

A.

Request: After all required improvements are complete, each developer shall, in writing, notify the city and the city engineer that improvements are complete and shall request conditional acceptance by the city. A conditional acceptance request shall be accompanied by:

1.

A certificate, signed by the developer's engineer, attesting to the fact that all improvements are installed, free from defects, and comply with applicable construction standards. Any variation from said standards shall be noted in the certificate.

2.

A Mylar copy of the as built construction drawings.

B.

Inspection: Within ten (10) days of receiving the notice, the city engineer shall inspect and notify the developer in writing of any work that is defective. The developer shall immediately remedy such defects.

C.

Construction Drawings: After all required improvements have been satisfactorily installed and approved by the city engineer, and as a requirement of "conditional acceptance", the developer shall furnish a Mylar or Mylar copy of all original construction drawings. These drawings shall show the "as constructed" condition of all improvements.

D.

Notice of Acceptance: The city engineer shall, as soon as improvements are acceptable and after receipt of the as built drawings, notify the city council in writing that the improvements have been approved. The city council shall, within fifteen (15) days after receipt of the city engineer's approval, present to the developer a notice of conditional acceptance establishing the date for beginning the two (2) year guarantee period.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-15: - Final acceptance and release

A.

Request: Each developer shall be responsible for making a written request for final acceptance and release. The request shall be made at least twenty (20) days prior to the termination date of the guarantee period. The city engineer shall, within ten (10) days thereafter, inspect subdivision improvements. If defects exist, the city engineer shall notify the developer, in writing, who shall promptly replace and/or repair all defective work.

B.

Notification: When the improvements are acceptable, the city engineer shall notify the city council, in writing, which shall, within fifteen (15) days of receipt of said notice, issue a letter of final acceptance and release.

(Adopted by Ord. 2007-02 on 7/11/2007)

10-33-16: - Acceptance period

Requests for conditional and final acceptance shall be made during periods when all improvements can be visually inspected by the city engineer. Any improvements buried with soil or snow or otherwise not visible shall not be approved. Generally, no acceptances will be made from November through and including February.

(Adopted by Ord. 2007-02 on 7/11/2007)