§ 32-176. Inspection and acceptance of public improvements  


Latest version.
  • (a) General procedure. Construction inspection shall be supervised by the city engineer. Construction shall be in accordance with the approved engineering plans and the DCM manual and other applicable regulations and ordinances. Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the city manager. If the city manager finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the standards and the DCM manual, then the applicant shall be responsible for completing and correcting the deficiencies such that they are brought into conformance with the applicable standards.

    (b) Letter of satisfactory completion. The city will not deem required public improvements satisfactorily completed until the applicant's engineer or surveyor has certified to the city manager, through submission of detailed sealed as-built, or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the city engineer, and until all required public improvements have been completed. The as-builts shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an as-built stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the city with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the city engineer's CADD system. When such requirements have been met, the city manager shall thereafter make a recommendation to the city council for consideration of satisfactory completion of the public improvements. Once the council votes its approval of satisfactory completion, the city manager shall issue the letter of satisfactory completion. The acceptance of the development shall mean that the applicant has transferred all rights to all the public improvements to the city for use and maintenance. The city council may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the applicant has posted a performance bond, irrevocable letter of credit or cash bond in the amount of 100 percent of the estimated cost of those remaining improvements for a length of time to be determined by the city council. If the remaining public improvements are greater than $10,000.00 and are not completed within the determined length of time, the city will impose a ten percent penalty of the performance bond, irrevocable letter of credit, or cash bond. The obligation to complete the improvements remains with the applicant, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than $10,000.00, the applicant shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the city. Upon acceptance of the required public improvements, the city manager shall submit a certificate to the applicant stating that all required public improvements have been satisfactorily completed.

(Ord. No. 549, § 10.268, 12-22-2009)