17.10.110 - Signatures, Assurances, and Recording of the Plat.

A.

Signatures. The Final Plat shall include the notarized signatures of all property interest Owners, the Culinary Water Authority, the Sanitary Sewer Authority, all other service providers, the County Health Department (if the City considers Health Department approval necessary), the Chairman of the Planning Commission, the Community Development Director, the City Engineer, the City Attorney, the City Recorder, and the County Recorder.

B.

Notice to Proceed. Prior to commencement of construction of any Public Improvement or private improvement required to be built to public standards, the Applicant shall first obtain a Notice to Proceed from the Community Development Director or her designee.

C.

Completion/Assurances. Before an Applicant conducts any Development, or records a Plat, the Applicant shall: (i) complete any required Landscaping or Infrastructure Improvements; or (ii) post an Improvement Completion Assurance or Performance Guaranty for any required Landscaping, Dedication, or Infrastructure Improvements.

1.

If the Applicant elects to install Infrastructure Improvements prior to Plat recordation, the City shall endorse its approval on the Plat after all public Dedications and conditions of Plat approval have been satisfied, the City Engineer has accepted all Infrastructure Improvements, and the Applicant has posted an Infrastructure Improvement Warranty, accepted by the City Attorney, and has deposited a 10% Warranty Assurance.

2.

At any time prior to recording the Final Plat, an Approved Plat Applicant may post an Improvement Completion Assurance, equal to 100% of the City Engineer's estimate of the cost of completing all required Landscaping and Infrastructure improvements in the manner conditioned in the Final Plat Approval.

3.

If an Applicant elects to post an Improvement Completion Assurance, the Applicant shall provide an Improvement Completion Assurance for:

a.

Completion of 100% of the required Landscaping and Infrastructure Improvements; or

b.

If the municipality has inspected and accepted a portion of the Landscaping or Infrastructure Improvements, 100% of the incomplete or unaccepted Landscaping or Infrastructure Improvements.

4.

The Improvement Completion Assurance (and any performance Guaranty is made for the benefit of the public.)

5.

If an Applicant elects to post an Improvement Completion Assurance, the City shall endorse its approval on the Plat after the Improvement Completion Assurance has been approved by the City Attorney and all public Dedications and conditions of the Plat approval have been satisfied.

6.

The City may withhold an otherwise valid Plat approval until the Owner of the land provides the City with a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid.

7.

A Subdivision Plat recorded without the required signatures is void.

D.

Inspection of Improvements—General Procedure and Fees. The Planning Commission in consultation with or upon the advice of the City Engineer or Community Development Director, shall provide for inspection of required improvements during construction and insure their satisfactory completion.

1.

The Applicant shall, in accordance with the City's Consolidated Fee Schedule, pay to the City an inspection fee. The Final Subdivision Plat shall not be signed by the Chairman of the Planning Commission unless such fee (including any outstanding out-of-pocket costs) has been paid. These fees shall be due and payable upon demand of the City and no Building Permits or certificates of occupancy shall be issued until all fees are paid.

2.

If the City Engineer finds upon inspection that any of the required Landscaping or Infrastructure Improvements have not been constructed in accordance with the City's Construction Standards and Specifications, the Applicant shall promptly complete the improvements in accordance with the City's Construction Standards and Specifications.

3.

Wherever the cost of improvements is covered by a performance Guaranty, or an Infrastructure Completion Assurance, the Applicant is severally and jointly liable for completing the improvements according to the City's Construction Standards and Specifications.

4.

Maintenance of Improvements. The Applicant shall maintain all required public and private improvements on the newly subdivided Lots and provide for clean Streets and sidewalks until the City's acceptance of all public and required private improvements.

5.

Completion of Improvements. Before the Plat is signed by the Chairman of the Planning Commission, all Applicants shall be required to complete, in accordance with the Planning Commission's decision and to the satisfaction of the City Engineer, all the Street, sanitary sewer, and other improvements (e.g. storm drainage, trails, sidewalk, curb, gutter, Street signs, water lines, etc.) including Lot improvements on the individual Lots of the Subdivision as required, and as approved by the Planning Commission and the City Council, and to Dedicate all required Property and Public Improvements to the City or applicable special service district, free and clear of all environmental contamination, liens, and encumbrances on the Property and Public Improvements thus Dedicated.

6.

Certificate of Satisfactory Completion. The City will not accept Dedication of required improvements until the City Engineer has submitted a certificate stating that the required improvements have been satisfactorily completed, the Applicant's engineer or surveyor (as applicable) has submission of detailed "as-built" survey Plats of the Subdivision, indicating location, dimensions, materials, and other information required by the Planning Commission and City Engineer, that the layout of the line and Grade of all Public Improvements is in accordance with the City approved construction plans for the Subdivision and that a commitment for a title policy or other acceptable evidence has been furnished to the City Attorney and City Engineer indicating that the improvements have been completed, are ready for Dedication to the local government and are free and clear of any and all liens and encumbrances.

7.

After the City Engineer has certified that all required improvements have been satisfactorily completed, and upon the City Engineer's approval and recommendation, the Planning Commission shall thereafter accept the improvements for Dedication in accordance with the established policy and procedure.

8.

The City Engineer may partially release or reduce an Infrastructure Assurance or a performance Guaranty by submitted a certificate stating that the partial release is limited to a functionally discrete portion of the required improvements that have been satisfactorily completed.

E.

Failure to Complete Improvement.

1.

For Subdivisions or Plats for which no Infrastructure Assurance or performance Guaranty has been posted, if the improvements are not completed within the period specified by the Planning Commission, the approval shall expire.

2.

Where an Infrastructure Assurance or performance Guaranty has been posted and required improvements have not been installed as conditioned, the Community Development Department may thereupon declare the Infrastructure Completion Assurance or other Guaranty to be in default and require that all the improvements be installed with funds secured by the Guaranty or the Completion Assurance.

F.

Recording of Plat. The City shall have exclusive authority to record all fully executed Final Plats.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2023-27, § 1(Exh. A), 9-12-2023)