§ 33.02-11. Requirements for public facilities.

(a)

Construction of any public facilities shall require a land development agreement between the city and the developer. The terms, conditions, and specifications contained in the land development agreement shall be limited to those items depicted or provided for in the approved plan, plat, permit application, or similar document. The land development agreement shall be secured by approved surety in the form of a corporate surety bond, irrevocable letter of credit or certified check. Also required is a certificate of insurance showing evidence of an acceptable liability insurance policy that holds the city free and harmless from any liability because of injury or death to persons growing out of the activity by the developer 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. The agreement, surety and insurance documents shall be reviewed by the city attorney prior to acceptance by the city. An approved surety shall only apply to, or include the cost of, any facility or improvement shown or described on the approved plat or plan of the project for which the guarantee is furnished.

(b)

Upon satisfactory completion of any public facility, a performance bond or cash of an amount equal to ten (10) percent of estimated costs for proposed public facilities shall be filed with the director until city acceptance of streets and other public facilities in accordance with the subdivision regulations but no longer than twelve (12) months. This performance bond will be used to correct any defects or failures in the constructed public facilities should the developer fail to correct such defects or failures.

(c)

Acceptance of public facilities by the city:

(1)

After the installation by the developer of streets and other public facilities as shown on the approved site plan as required by this chapter, the director shall issue a statement of intent to accept streets and other public facilities into the public system. Thereupon, the city shall release part of the performance bond, retaining a bond equal in value to ten (10) percent of the total public facilities.

(2)

Up to twelve (12) months after issuance of such statement (to allow for the detection and correction of defects) if all defects have been corrected, the city manager shall report to the city council whether or not the streets and other public facilities have been installed in accordance with the terms of the agreement between the developer and the city and have survived the defect-detection period. Upon such approval, the city council shall accept by ordinance such streets and other public facilities for permanent public maintenance, operation and repair, release all remaining performance bonds, and shall upon request furnish certification of same to the developer, his attorney or agents.

(3)

When the developer has complied with applicable provisions of this chapter, and where the necessary facilities have been substantially, but not completely, installed, the director may issue a certificate setting forth such facts to the developer or to any agency of the state or the U.S. Government.

(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 6837-12, § 1)

(Ord. No. 4952-96; Ord. No. 5030-97; Ord. No. 6837-12, § 1)