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2025 Ordinances
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Last modified
12/10/2025 10:42:58 AM
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1/2/2025 4:38:28 PM
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d. The real property for which the waiver or modification is sought contains no more <br />than five new, adjacent lots. <br />Any such waiver or modification shall not apply to required drainage improvements <br />except for curbs and gutters. <br />(b) All engineering calculations, including soil test results, shall be furnished to the city <br />engineer with required submittals. Approval by the city engineer shall not release the <br />developer from the requirements for a safe and functional design. <br />(c) The developer shall be required to furnish all other data pertaining to bridges and culverts <br />which shall be deemed necessary by the city engineer. <br />(d) The cost of all physical improvements required by the provisions of this section shall be <br />paid by the subdivider. If the actual installation of improvements is not completed prior to <br />the application made for final plat approval, the subdivider shall execute and file with the <br />city engineer an agreement and bond in an amount equal to the estimated costs (as <br />established by the city) of such improvements, plus ten percent, guaranteeing that the <br />required improvements will be properly and satisfactorily installed within a reasonable <br />length of time, but, in no event, more than two years. An irrevocable letter of credit issued <br />by a bank in a form approved by the city attorney or a deposit of funds in escrow may be <br />accepted in lieu of bond under the same terms and conditions applicable to bonds. The <br />bond, letter of credit or deposit may be released by the city when specific improvements <br />covered by the bond have been completed and approved by the city engineer as being in <br />accordance with city standards and specifications. <br />(e) Upon written request by the subdivider to the city engineer, periodic partial releases of the <br />bond, letter of credit, escrow or other performance guarantee may be made in an <br />accumulative amount equal to no less than 80 percent of the original amount of such bond, <br />letter of credit, escrow or other performance guarantee. Periodic partial releases shall be <br />based upon the percentage of facilities completed and accepted by the city engineer. <br />Periodic partial releases may not occur before the completion of at least 30 percent of the <br />facilities. The city engineer shall not be required to approve more than three periodic partial <br />releases in any 12 -month period. Within 30 days after receipt of a written notice from the <br />subdivider for a periodic partial release or a final complete release of any bond, escrow, <br />letter of credit, or other performance guarantee, the city engineer shall notify the subdivider <br />of approval or nonapproval of such requests or of any specific defects or deficiencies in <br />construction and suggested corrective measures. If no such notice is provided to the <br />subdivider within the two-year period, the periodic partial release shall be deemed <br />approved. No final release shall be granted until after expiration of said two-year period and <br />there is an additional request in writing sent by certified mail, return receipt, to the city <br />manager. If no action is taken within ten days from the receipt of this request, then the final <br />release of the bond, letter of credit, escrow or other performance guarantee shall be deemed <br />approved. <br />(f) Upon acceptance of improvements, the subdivider shall execute and file with the city <br />engineer a maintenance bond equal to ten percent of the total cost of the public <br />improvements installed for the subdivision. The subdivider shall be responsible for all <br />
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