§ 5-05. Filing of final plat.

The following provisions shall apply to the filing of a final plat:

5-05.1. Conditions for approval. The plat shall not be approved until the subdivider has completed the general improvements contemplated, certified that the cost of construction thereof has been paid and complied with the general requirements and minimum standards of design in accordance with this ordinance except as provided in section 5-05.2. Any construction which is undertaken to satisfy the requirements of section 5-05.1 or 5-05.2 shall not begin before the director or authorized representative is notified of this commencement of work. Approval of final plat shall be written on the face of the plat by the city manager.

5-05.2. Bond insurance and agreement. In lieu of actual completion of the improvements required by this ordinance, the subdivider shall enter into an agreement with the City of Newport News and shall furnish to the city a certified check or bond with corporate surety or escrow agreement evidencing the deposit to the credit of the subdivider with the right of the city to draw on said account in the event subdivider fails to make required improvements or an irrevocable letter of credit issued by a bank qualified to do business in Virginia evidencing the establishment of credit to the subdivider on which letter the city shall be authorized to draw drafts in the event subdivider fails to make the required improvements in an amount equal to the costs of completion of said improvements. A certificate of insurance shall be given by the subdivider as evidence of liability insurance which shall defend, keep and hold the city free and harmless from liability on account of injury or death to persons growing out of the activity by the subdivider in the amount of one hundred thousand dollars ($100,000.00) for each occurrence and three hundred thousand dollars ($300,000.00) aggregate, together with twenty-five thousand dollars ($25,000.00) property damage coverage. Such insurance policy shall name the city as an additional insured by separate endorsement to the policy or as otherwise approved by the city attorney's office. The city attorney or assistant shall examine and approve or disapprove the form of the aforementioned instruments. The costs of said uncompleted improvements shall be set by the director for purposes of determining the amount of said check, bond, escrow agreement or letter of credit. The designated length of time to be allowed for the subdivider to complete the required improvements shall be fixed by the director. After the installation by the subdivider of the streets and improvements in the subdivision as required by this ordinance, a performance bond of a value equal to ten (10) percent of the proposed public improvements cost plus the full value of street surfacing for streets not surfaced shall be filed with the director until acceptance of streets and improvements by the city in accordance with section 9-11, "Acceptance of streets and improvements."

(Ord. No. 4411-92; Ord. No. 5206-98, § 1; Ord. No. 7501-18)

(Ord. No. 4411-92; Ord. No. 5206-98, § 1; Ord. No. 7501-18)