Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

Previous heading / Next heading / Table of Contents

__________

Sec. 112-6. Guarantees in lieu of installed improvements.

(a) The planning commission may approve the final plat of a subdivision prior to the installation of all the required improvements if the subdivider:

(1) Deposits cash or third party or corporate surety bond: Cash or sufficient third party or corporate surety bond in an amount representing 150 percent of the projected completion costs as determined by the city building inspector or planning and community development director or his/her designated representative shall be deposited. The bond shall be forfeited at the option of the city if within 270 days of the date of final plat approval, said improvements have not been completed.

(2) Enters into an agreement or contract with the city: If the subdivider chooses to begin his construction program or to sell lots within the subdivision prior to the installation of the required improvements, he may enter into a written agreement with the city, which shall include, but not be limited to, the following conditions.

a. The final plat is otherwise approvable by the planning commission;

b. The required improvements shall be installed if all the improvements have not been provided within the period to be fixed by the contract. The terms of any such conditional final plat approval shall be noted on the final plat by the planning commission before the final plat is filed for record; and, when the conditions have been met, this fact shall be noted by the city clerk on the original recorded plat with this notation to be attested by the county recorder.

Condition of acceptance: The city shall not have any responsibility with respect to any street, or other improvement, notwithstanding the use of the same by the public, unless the street or other improvement shall have been accepted by the city. Prior to requesting final acceptance of streets and sanitary and storm sewers, the developer shall furnish "as-built" drawings on linen, mylar or similar reproducible material.

The city council shall, within 30 days after the public improvements have been offered for dedication to the city council, accept the improvements, provided the improvements have been constructed in accordance with the requirements of the city. The developer shall furnish proof that all improvements to be conveyed or dedicated to the city are free of lien and debts.

(b) The developer may, with planning commission approval, make payment in lieu of installing the required improvements listed in section 112-4 of these regulations. If approved, the developer, shall pay to the city an amount determined by the planning commission to be the actual cost of installing the required improvements as of the date the planning commission approves the payment in lieu of installing the improvements. The city shall deposit said money into an interest-bearing escrow account until such time as the actual improvement is constructed by the city. If the improvement is not constructed by the city within five years from the date of the first payment into the escrow account, the developer may at any time thereafter request that the status of the improvement be reviewed by the city. Upon such a request by the developer, the planning commission shall hold a public hearing after notification to all affected property owners. Following the public hearing, the planning commission may:

(1) Determine that the improvement is still necessary and feasible and can be built within a reasonable time; in which case, the escrow account shall be continued for a period specified by the planning commission; or

(2) Determine that the improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future; in which case, the planning commission shall recommend to the city council that the city council authorize the distribution of such funds in the escrow account, with accumulated interest, to the developer.

(Code 1973, § 30-6; Ord. No. 3011, § 1, 9-12-00; Ord. No. 3435, § 2, 1-13-04)

__________

HTML documents authored by Municipal Code Corporation