17.10.230 - Assurance for Completion of Landscaping and Infrastructure Improvements.

A.

Costs of Improvements. All required Landscaping and Infrastructure Improvements shall be completed by the Applicant.

B.

Assurance for Landscaping and Infrastructure Improvements. The Applicant may post an Infrastructure Completion Assurance, in an amount estimated by the City Engineer, as sufficient to secure to the municipality the satisfactory construction, installation, and Dedication of any uncompleted portion of required Landscaping and Infrastructure Improvements and record a conforming the Final Plat prior to completion of all required Landscaping and Infrastructure Improvements. The Infrastructure Completion Assurance shall be satisfactory to the City Attorney as to form, sufficiency, and manner of execution. The period within which required improvements must be completed shall be specified by the Community Development Director or designee in the decision approving the Final Plat and shall be incorporated in the Assurance and shall not in any event exceed two (2) years from date of Final Approval.

1.

Reduction of Completion Assurance. An Infrastructure Improvement Assurance shall be reduced upon actual completion and acceptance of Landscaping and Infrastructure Improvements to the ratio that the accepted Landscaping and Infrastructure Improvements bears to the total Landscaping and Infrastructure Improvements for the Plat.

2.

Governmental Units. Governmental units to which these Assurances apply may file in lieu of said Assurance a certified resolution or ordinance from officers or agencies authorized to act on their behalf, agreeing to comply with the provisions of this Title.

C.

Prior to excavating or commencement of construction, the Applicant shall meet with the Community Development Director, the City Engineer, and other officials as required for a preconstruction meeting. The Applicant shall bring to the meeting all contractors responsible to build the Infrastructure Improvements associated with the project and to comply with a detailed construction management plan for the project.

D.

Inspection of Improvements General Procedure and Fees. The Planning Commission, in consultation upon the advice of the City Engineer, shall provide for inspection of required Landscaping and Infrastructure Improvements during construction and ensure their satisfactory completion. The Applicant shall, in accordance with the City's fee resolution, pay to the City an inspection fee and the Subdivision Plat shall not be signed by the Chairman of the Planning Commission unless such fee 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. 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 be responsible for completing the improvements. Wherever the cost of improvements is covered by an Infrastructure Completion Assurance, the Applicant, and the Guarantor, if any, shall be severally and jointly liable for completing the improvements according to approved plans and specifications. Prior to commencement of construction on 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.

E.

Maintenance of Improvements. The Applicant/Owner shall be required to maintain all required Landscaping and Infrastructure Improvements and provide for maintenance and snow removal on Streets and sidewalks until acceptance of said Landscaping and Infrastructure Improvements by the Planning Commission. If there are any certificates of occupancy on a Street not Dedicated to the City, the City may on twelve (12) hours-notice, plow the Street or effect emergency repairs and charge same to Applicant/Owner.

F.

Completion of Improvements. Before the Plat is signed by the Chairman of the Planning Commission, the Applicant shall complete, to the satisfaction of the City Engineer, all the Street, sanitary sewer, culinary water, power, and other improvements (e.g. storm drainage, trails, sidewalk, curb, gutter, Street signs, water lines, etc.) and to Dedicate same to the local government, free and clear of all liens, environmental contamination, and encumbrances on the Property and Improvements thus Dedicated.

G.

Certificate of Satisfactory Completion. Subject to maintenance provisions contained in this Chapter, the City will not accept Dedication of required improvements, or release or reduce an Infrastructure Completion Assurance, until the City Engineer has submitted a certificate to the Planning Commission stating that all required improvements have been satisfactorily completed and until the Applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed "as-built" construction drawings and 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 environmental contamination, liens and encumbrances.

H.

Warranty. Upon such approval and recommendation of the City Engineer, the Applicant shall submit an Infrastructure Improvement Warranty, warranting that the Infrastructure Improvements have been installed as described in the approved construction plans and specifications, and a ten (10) percent Cash Deposit.

I.

Dedication. Upon the City Engineer's certification, approval, and recommendation, and the City Attorney's approval of the Infrastructure Improvement Warranty and ten (10) percent Cash Deposit, the Planning Commission shall thereafter accept the improvements for Dedication in accordance with the established policy and procedure.

J.

Issuance of Building Permits and Certificates of Occupancy.

1.

Building Permit. For any recorded Subdivision for which the City holds a current Infrastructure Completion Assurance, but the Infrastructure Improvements are not yet accepted, the extent of utilities and Street improvements shall be adequate for emergency response and vehicular Access by the prospective occupant and by police and fire equipment, prior to the issuance of any Building Permit.

2.

Certificate of Occupancy. Where an Infrastructure Completion Assurance has been accepted for a Final Subdivision Plat, no Certificate of Occupancy for any Building in the Subdivision shall be issued prior to the completion of the Public Improvements and Dedication of same to the City, as required in the Planning Commission's final approval of the Subdivision Plat. This restriction can be waived upon Good Cause shown and adequate assurance revived.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2023-27, § 1(Exh. A), 9-12-2023; Ord. No. 2024-04, § I(Exh. A), 5-8-2024)