Land Development Code :: Back to Table of Contents

Section 1208.15    Improvement Guarantees

  1. Final Plat Approval Contingent on Improvement Guarantees
    At the time of final plat approval, installation of all required improvements shall
    either be complete or the subdivider and City shall execute a Final Subdivision
    Improvement agreement setting forth what improvements remain to be installed. The
    subdivider shall post a performance bond or other guarantee of security as set forth in
    this section for the purpose of assuring the installation of such improvements at or
    before the time the Agreement is executed. The Planning Commission shall not
    approve a final subdivision plat unless it finds that the subdivider has complied with
    this provision.

  2. Performance Guarantees
    The subdivider shall furnish a performance guarantee in a form approved by the City
    and in an amount sufficient to cover the following amounts:
    1. One hundred and ten (110) percent of the City Engineer=s estimate of the
      costs of construction and installation of storm and sanitary sewers, water
      systems, streets, sidewalks, street lighting systems, and facilities and
      appurtenances thereto;

    2. An amount, as determined by the City Engineer, to cover the engineering fee
      commensurate with the work performed; and

    3. An amount, as determined by the City Engineer, to cover the inspection fee
      or fees.

    4. One hundred and ten (110) percent of the City Community Development
      Staff=s estimate of the costs of materials and installation of required
      landscaping and associated materials.

  3. Maintenance Bond
    Unless otherwise provided for in this Code (See, e.g., Section 1207.07(c)(3)
    regarding maintenance of storm water detention/retention facilities.), at the time of
    the City's acceptance of public improvements, the city may require the subdivider to
    furnish a maintenance guarantee in a form approved by the City and in an amount of
    up to fifteen (15) percent of the costs of construction or installation, so as to
    guarantee the proper functioning and structural integrity of such improvements. The
    duration of such guarantee shall be for the following periods of time or until the City
    releases the guarantee pursuant to this Chapter:
    1. Streets, sidewalks, pavement, and facilities appurtenant thereto: Two (2)
      years from the date of acceptance by the City of such facilities;

    2. Street lighting systems and facilities appurtenant thereto: One (1) year from
      the date of acceptance by the City of such facilities and appurtenances; or

    3. Landscaping and Bufferyards: Two (2) years from the date of planting.See
      also Section 1207.04(p), "Maintenance of Landscaping and Bufferyards."

  4. Indemnity Insurance
    The subdivider shall furnish such insurance as is deemed necessary by the City, and
    approved as to form by the City Solicitor, to indemnify and save harmless the City
    from any and all liability arising by reason of the unimproved conditions of the
    streets of such subdivision which may arise or grow out of the construction or
    installation of such facilities. The insurance shall be of such duration as determined
    by the City, but shall in no case be allowed to expire earlier than the effective period
    of any maintenance bond. A copy of the insurance policy shall remain at all times
    with the Clerk of the City Council.

  5. Release of Guarantees
    1. Notice to City Engineer-- Inspection & Report. Upon substantial completion
      of all required improvements, the subdivider or developer may notify the
      City Engineer in writing, by certified mail, of the completion or substantial
      completion of improvements. The City Engineer shall inspect all
      improvements of which such notice has been given and, after consultation
      with other appropriate city officials, shall send a detailed report, in writing, to
      the subdivider or developer indicating either approval, partial approval, or
      rejection of such improvements with a statement of any reasons for rejection.
      The cost of the improvements as approved or rejected shall be set forth.

    2. City Council Action on Approval of Improvements. If the City Engineer has
      approved all or some of the improvements pursuant to paragraph (1) above,
      he shall file a copy of his report with the City Council. The City Council
      shall approve all or some of the improvements on the basis of the report of
      the City Engineer, and shall notify the subdivider or developer in writing of
      its action not later than 90 days after receipt of the notice from the subdivider
      or developer of the completion of improvements.

    3. Release of the Guarantees. Where City Council approval is granted on the
      basis of the report of the City Engineer, the subdivider or developer shall be
      released from all liability, except for any portions of improvements not yet
      approved, pursuant to any performance guarantee for such improvements.