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18.30.120 Improvements- Completion and Maintenance
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A. Applicability

The construction of public improvements to be dedicated to the City shall be guaranteed as provided in this section. Private site improvements are subject to this section where specifically required by this chapter.

For surety requirements for stormwater management and erosion and sedimentation controls, see Section 18.30.210 and Title 17 of the Municipal Code. Assurances for master landscape/fencing plans are addressed in Section 18.30.130.H. Assurances for street trees are addressed in Section 18.30.130.G.

B. Forms of Assurance

Assurances shall be made in the form of:

1. performance bonds,

2. irrevocable letters of credit, or

3. the creation of a benefit district.

C. Performance Bonds and Letters of Credit

1. Performance, Maintenance and Statutory bonds and letters of credit shall be submitted before the issuance of the building permit for the first lot in the subdivision or the time construction plans are submitted for approval, whichever occurs earlier.

2. The developer may submit separate bonds or letters of credit from contractors for applicable public improvements, including streets, storm sewers and drainage systems, sanitary sewers and water distribution systems.

3. The bond(s) or letters of credit shall be to the favor of the City.

4. The amount of the bond(s) or letter(s) of credit shall be for the full cost of the improvements.

5. The bonds or letters of credit shall remain in effect for two (2) years from the date of acceptance by the City Council.

6. Separate bonds may be presented for separate improvements as defined by the City Engineer.

7. The bonds or letters of credit shall be properly executed prior to any grading or construction and shall be released upon written approval of the City Engineer.

8. No building permit shall be issued for a lot or tract in a subdivision which abuts a public improvement for which a bond or letter of credit has not been furnished.

9. No occupancy permit shall be issued for any building in a subdivision until a project completion certificate is issued by the City Engineer.

D. Benefit Districts

As an alternative to providing performance and maintenance bonds to assure the construction of public improvements, the developer may present a petition to the City Council to create a benefit district as a means of guaranteeing the installation of public improvements. This alternative is allowed only if:

1. The petition is presented on forms secured from the City Benefit District Coordinator or on forms otherwise acceptable to the City Attorney.

2. The petition must be valid under the applicable Kansas statutes.

3. The petition must be approved by the Governing Body.

4. The Governing Body must initiate and adopt a resolution for the improvement concurrent with the petition for approval, or as soon after that time as is provided by law. The subdivider shall bear the cost of the publishing the resolution.

5. The City Clerk shall record the resolution with the Register of Deeds.

E. Subdivision Amenities

1. The applicant must complete trails and other required subdivision improvements (including pools and clubhouses) along public and private streets and in common areas for the approved phase prior to commencing construction on the next phase of development. If the improvements cannot be constructed prior to the next phase of construction, a financial guarantee is required for all improvements that are not constructed or planted. The guarantees will be submitted prior to any building permit being issued for the next phase of development. The amount of the guarantee is determined by the Planning Official.

2. For the final phase of all residential developments, financial guarantees are required for all trails, landscaping and other required subdivision improvements (including pools and clubhouses). The amount of the guarantee is determined by the Planning Official. Those guarantees are required prior to the first building permit being issued for the final phase. (Ord. 10-57 § 6, 2010; Ord. 06-85 § 1, 2006; Ord. 02-54 § 2, 2002)