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A. Construction of Required Public Improvements

1. The developer shall construct public improvements within the proposed development as provided in this chapter.

2. If the public improvements are not constructed before issuance of the building permit, then the developer shall submit performance and maintenance bonds prior to the issuance of the building permit and shall install the public improvements prior to the issuance of the certificate of occupancy.

3. No certificate of occupancy shall be granted until all public improvements are accepted by the City of Olathe. The Planning Official may waive or partially waive this requirement for a residential temporary certificate of occupancy, if the applicant demonstrates that occupancy without the required improvements during period preceding the permanent certificate of occupancy:

a. Will not pose a threat to the health and safety of the occupants or the general public, and

b. The waiver is justified by economic hardships that are unique to the applicant.

4. The improvements shall not be installed prior to proper recording of the final plat by the City.

5. All improvements installed by the developer shall comply with the Technical Specifications and Design Criteria for Public Improvement Projects manual.

B. Required Engineering Plans

Refer to section 18.94.

C. Development Activities under State Jurisdiction

1. The following activities may be subject to state jurisdiction, requiring a permit, are covered by K.S.A. 24-126 and K.S.A. 82a-301 to 305a, and are subject to environmental coordination review as required by K.S.A. 82a-325 to 327 (the rules and regulations exempt channel changes and stream obstructions from the permit requirement if the drainage area is less than two hundred forty [240] acres):

a. Levee or floodplain fill project;

b. Channel change project;

c. Dam or stream obstruction project;

d. Public water main extensions.

e. Public sanitary sewer extensions.

f. Well closures/abandonment.

2. To obtain state permits, plans and applications must first be submitted to the City of Olathe for review for general conformance with City standards. They will then be forwarded to the Kansas State Board of Agriculture, Division of Water Resources for state review and approval. The City of Olathe cannot approve plans for construction that are under state jurisdiction until a state permit is obtained.