A.    Before approval by the Planning Director and the City Engineer of a final subdivision, partition plat, building permit, or construction plans (other than plans for required improvements), the developer shall either install the required improvements or agree to install required improvements, as provided in either subsection (A)(1) or (2) of this section and shall provide reimbursement as provided in subsection (A)(3) of this section:

1.    Install improvements. The developer shall install required improvements and repair existing streets and other public facilities damaged in the development of the property; or

2.    Agree to install improvements. In lieu of installing improvements, the developer shall execute and file with the City an agreement specifying the period within which required improvements shall be completed and shall file one of the financial assurances under CDC 91.020(A).

3.     The developer shall also provide reimbursement to the City for costs of processing inspection, professional services, etc., of said required improvements by the City. Monthly costs of the City shall be billed against the six percent of construction cost deposit made by the developer to the City prior to construction of required improvements. The developer shall ensure that the deposit balance remains positive. If the developer is notified that the balance is negative, the developer has seven calendar days to correct the overage and provide additional deposit as specified by the City Engineer. Failure of the developer to correct the situation by that date will result in the issuance of a stop work order by the City which shall remain in force until said fees are paid in full and additional deposit provided.

B.    The City shall install all street name signs and traffic control devices for the initial signing of a new development, with said costs to be reimbursed by the developer.

C.    Upon written acceptance by the City of required improvements, the developer shall execute a maintenance bond with a surety company authorized to transact business in the State; such bond to be in a form approved by the City Attorney. The maintenance bond shall guarantee satisfactory performance required and installed improvements included in the subdivision or partition for a maximum period of 18 months from the date of written approval/acceptance by the City of said improvements. The amount of said maintenance bond shall be in an amount equivalent to 20 percent of the total installation cost of required improvements. The maintenance bond shall also provide financial guarantee for any damage caused to said improvement during the period of the maintenance bond.

D.    Until such time as all required improvements within the subdivision or partition have been accepted by the City, the developer shall be solely responsible for the cleanup of debris, dirt, and foreign materials derived from this development or project upon sidewalks and roadways. To guarantee performance of this responsibility, the developer shall provide a cash deposit in the amount of five percent of the total installation of the improvements. The developer shall be responsible for all safety and cleaning all debris, dirt, and foreign material derived from their development or project by 5:00 p.m. of each workday; except that if said debris, dirt, or foreign material is found by the City Engineer to constitute an immediate traffic or safety hazard, it shall be immediately removed by the developer. The developer shall furnish the City with information as to where the developer or a designated subordinate may be reached at all times by the City regarding the performance of such cleanup work. Failure of the developer to clean up debris, dirt, or foreign material as hereinabove stated shall give the City the right to clean up said debris, dirt, or foreign material utilizing City crews, or to hire an independent contractor to do the same, and deduct same costs from the five percent cash deposit. The City shall bill the developer for all such cleanup services at the rate of twice the actual City labor costs incurred plus 35 percent of such actual labor costs reflecting utilization of City equipment. In the event that the City hires a private contractor to perform these services, the City shall bill the developer the actual cost incurred by the private contractor plus 50 percent of said actual costs reflecting the administrative costs incurred. The deposit shall be kept in a positive balance within the same criteria as the deposit noted in subsection (A)(2) of this section with the same ramifications for failure.

E.    Before the City accepts any required improvements within a subdivision or major partition and releases the performance bond, the developer shall furnish to the City certification of a registered civil engineer that said improvements have been installed and meet all applicable City, State, and federal requirements. (Ord. 1502, 2004; Ord. 1745 § 1 (Exh. A), 2023)

A.    The developer shall file one of the financial assurances in subsections (A)(1) through (5) of this section prior to commencement of construction of required improvements and to assure full and faithful performance thereof, or as an alternative to installing improvements, as provided in CDC 91.010(A)(2):

1.    A surety bond executed by a surety company authorized to transact business in the State, such bond to be in a form approved by the City Attorney;

2.    A personal bond co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement in a form approved by the City Attorney;

3.    Cash;

4.    Executed application for Bancroft bonding in approved improvement district; or

5.    An irrevocable assignment agreement executed by a financial institution in a form approved by the City Attorney.

B.    Such assurance of full and faithful performance shall be for a sum approved by the City Engineer as sufficient to cover 125 percent of the cost of the improvements and repairs, including related engineering and incidental expenses, and to cover the cost of City inspections.

C.    In the event the developer fails to execute the completion of the said improvements within the timeframe mutually agreed upon by the developer and City Engineer, and the City has unreimbursed costs or expenses resulting from such failure, the City shall call upon the bond or cash deposit. If said bond or cash deposit exceeds costs and expenses incurred by the City, it shall release the remainder after acceptance by the City of said repaired improvements. If the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the developer shall be liable to the City for the difference. (Ord. 1502, 2004, Ord. 1547, 2007; Ord. 1745 § 1 (Exh. A), 2023)

When the tentative plan of a proposed subdivision or map of a partition includes open space, it shall be conveyed in accordance with one of the following methods:

A.    By dedication to the City as publicly owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to the City with regard to the size, shape, location, improvement, and budgetary and maintenance limitations.

B.    By leasing or conveying title (including beneficial ownership) to a corporation, owners’ association, or other legal entity. Restrictions on development of the lot or parcel shall be placed on the final plat or otherwise recorded. The specific language of the restrictions shall be approved by the City prior to recordation. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following:

1.    The continued use of such land for the intended purposes.

2.    Continuity of property maintenance.

3.    When appropriate, the availability of funds required for such maintenance.

4.    Adequate insurance protection.

5.    Recovery of loss sustained by casualty and condemnation or otherwise.

C.    By any method which achieves the objectives set forth in subsection B of this section. (Ord. 1442, 1999; Ord. 1636 § 58, 2014; Ord. 1745 § 1 (Exh. A), 2023)

The foregoing requirements apply to:

1.    Any construction of public improvements within an existing public right-of-way and/or easement; and

2.    Any construction of public improvements within a tract that does not require replatting prior to building permit issuance. (Ord. 1502, 2004; Ord. 1745 § 1 (Exh. A), 2023)