And Guarantee Of Development Improvements
Where applicable, the following improvements and related items shall be constructed or provided and guaranteed by the applicant, in a form and amount satisfactory to the City, as a condition of final subdivision plat or final site plan approval. The installation of required development improvements shall be at the applicant's expense.
For site plan improvements, installation may be phased in accord with an approved phasing plan submitted with the application for a building permit and approved by the City. In subdivisions, a separate final plat or site plan shall be filed on each phase of the development.
Installation of the improvements required in a development or development phase may be guaranteed by: A. Installation of all required and represented improvements with an approved improvement agreement, as provided in section 13-7-8 of this chapter, prior to the City signing and filing of a final plat or final site plan; or B. Provision of security for installation of improvements as provided in section 13-7-8 of this chapter.
All improvements shall be warranted by the applicant for one (1) full year of normal operation after the formal acceptance of the improvement by the City. The City shall either retain ten percent (10%) of the bond or escrow total or require a bond or escrow equal to ten percent (10%) of the required total improvement costs until twelve (12) months from the date of completion of the improvements and acceptance thereof by the City as a warranty should the improvements prove to be defective during said twelve (12) month period.
The maintenance of all required improvements shall be assigned to an appropriate public entity (such as the City or other relevant service provider) or private (such as a homeowners' association) entity in a dedication, contract, covenant or other agreement. Such agreement shall be accepted by the City Council and the City attorney as sufficient to assure perpetual maintenance of the improvements.
Failure to properly install, warrant or maintain all required improvements shall result in the suspension or revocation of a development permit or certificate of occupancy.
For plats or site plans for which no improvement agreement has been executed and no security has been posted, if the required development improvements are not completed within the period specified by the City, the final plat or site plan approval shall be deemed to have lapsed and shall be null and void, and further proceedings on the plat or site plan shall terminate. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the City may:
The property owner shall build and pay for all costs of temporary improvements required by the City and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the owner shall file with the City a separate improvement agreement and escrow, or, where authorized, letter of credit, in an appropriate amount equal to one hundred ten percent (110%) of the estimated cost of installation and removal of such temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
Acceptance of formal offers of dedication of roads, public areas, easements and parks shall be by application to the City and the City Engineer and approval of the City Council by ordinance following a recommendation by the City Planner or designated planning staff member and City Engineer. The approval by the City of a plat or site plan, whether preliminary or final, shall not of itself be deemed to constitute or imply the acceptance by the City of any road, easement or park shown on the plat or site plan.
And Guarantee Of Development Improvements
Where applicable, the following improvements and related items shall be constructed or provided and guaranteed by the applicant, in a form and amount satisfactory to the City, as a condition of final subdivision plat or final site plan approval. The installation of required development improvements shall be at the applicant's expense.
For site plan improvements, installation may be phased in accord with an approved phasing plan submitted with the application for a building permit and approved by the City. In subdivisions, a separate final plat or site plan shall be filed on each phase of the development.
Installation of the improvements required in a development or development phase may be guaranteed by: A. Installation of all required and represented improvements with an approved improvement agreement, as provided in section 13-7-8 of this chapter, prior to the City signing and filing of a final plat or final site plan; or B. Provision of security for installation of improvements as provided in section 13-7-8 of this chapter.
All improvements shall be warranted by the applicant for one (1) full year of normal operation after the formal acceptance of the improvement by the City. The City shall either retain ten percent (10%) of the bond or escrow total or require a bond or escrow equal to ten percent (10%) of the required total improvement costs until twelve (12) months from the date of completion of the improvements and acceptance thereof by the City as a warranty should the improvements prove to be defective during said twelve (12) month period.
The maintenance of all required improvements shall be assigned to an appropriate public entity (such as the City or other relevant service provider) or private (such as a homeowners' association) entity in a dedication, contract, covenant or other agreement. Such agreement shall be accepted by the City Council and the City attorney as sufficient to assure perpetual maintenance of the improvements.
Failure to properly install, warrant or maintain all required improvements shall result in the suspension or revocation of a development permit or certificate of occupancy.
For plats or site plans for which no improvement agreement has been executed and no security has been posted, if the required development improvements are not completed within the period specified by the City, the final plat or site plan approval shall be deemed to have lapsed and shall be null and void, and further proceedings on the plat or site plan shall terminate. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the City may:
The property owner shall build and pay for all costs of temporary improvements required by the City and shall maintain those temporary improvements for the period specified by the City. Prior to construction of any temporary facility or improvement, the owner shall file with the City a separate improvement agreement and escrow, or, where authorized, letter of credit, in an appropriate amount equal to one hundred ten percent (110%) of the estimated cost of installation and removal of such temporary facilities, which agreement and escrow or letter of credit shall ensure that the temporary facilities will be properly constructed, maintained and removed.
Acceptance of formal offers of dedication of roads, public areas, easements and parks shall be by application to the City and the City Engineer and approval of the City Council by ordinance following a recommendation by the City Planner or designated planning staff member and City Engineer. The approval by the City of a plat or site plan, whether preliminary or final, shall not of itself be deemed to constitute or imply the acceptance by the City of any road, easement or park shown on the plat or site plan.