§ 98-11. Inspections and acceptance.

Inspection and acceptance of site improvements shall be as outlined in this land development code and the county building code requirements. The following procedures shall apply to site improvements and the overall acceptance for issuance of a certificate of occupancy:

(1)

Inspections. The developer shall notify the city of the commencement of construction. The city engineer, city manager or designee, or their representatives shall have the right to inspect the project for the purpose of ensuring that all improvements are being constructed in conformance with the provisions of this land development code, the approved plans and development order. The city shall have the authority to reject materials or suspend work when construction is not in conformity with the terms of the development order. Required installation of subsurface construction such as water and sewer lines, public utilities, and storm drainage shall be completed prior to compaction of subgrade and road construction.

(2)

Testing. Reasonable tests are required to be provided to the city manager or designee, city engineer, or the county, as applicable, at the expense of the applicant by a state-certified testing laboratory. Such tests may include, but are not limited to, compaction tests for subgrade, base and asphalt, material specifications tests to assure adherence to specifications of base, soil cement, asphaltic concrete, Portland cement concrete, drainage pipe and other materials, sanitary sewer pipe, water lines and materials and tests of other such materials and procedures as may be required to ensure that construction is according to the plans and specifications approved in the development order and as required by the standard construction details of this land development code. The city and the county reserve the right to require additional testing based on unusual circumstances encountered in the field.

(3)

Request for final inspection. Final inspection of site improvements shall be scheduled no more than five working days after receipt of the last of the following information, unless a later date is requested by the developer.

a.

Certification of completion by the engineer of record. Upon completion of the public improvements, the developer's engineer shall submit a letter, signed and sealed, stating that the work was constructed under his supervision and has been completed in substantial conformance with the approved development plans and in compliance with the requirements of this land development code.

b.

Record drawings. One set of Mylar reproducible drawings and four sets of record drawings, signed and sealed by the engineer of record.

c.

Testing reports. The testing reports and certificates of compliance from material suppliers.

d.

If applicable, a document from the water and sewer utility provider approving all utility installations.

e.

Submittal of all easements and/or deeds of right-of-way if not contained within the final plat.

(4)

Final inspection report. After receipt of the items enumerated in subsection (3), the city engineer and city manager or designee shall review such data and make a final inspection of the constructed improvements and a final inspection report will be issued noting any discrepancies from the development order, corrective actions required, and any reinspection fee required. In addition, the report shall review final documentation required for acceptance and issuance of a certificate of occupancy, where applicable, once any necessary corrections are made.

(5)

Reinspection. Reinspection may be requested at any time. Reinspection will be scheduled within three working days and, if necessary, another inspection report will be issued.

(6)

Certification of completion. A certification of completion shall be issued by the city mayor or designee when all improvements are completed in conformity with the approved design.

(7)

Acceptance of site improvements. After completion of any corrective actions which were required upon inspection, site improvements shall be accepted by the city upon receipt of the following:

a.

Required certifications. All required certifications of completion under federal, state, regional and county agency permits.

b.

Recording of easements, rights-of-way or property dedications. Recording of any additional on-site or off-site easements, rights-of-way, or property dedication required by the development order or this land development code.

c.

Maintenance security. At such time when the city agrees to accept the dedication of any public improvements, the developer shall:

1.

Execute an agreement guaranteeing the required improvements against all defects in workmanship or materials, including failure to construct in accordance with approved plans and specifications, for a period of one year from the date of acceptance or issuance of a certificate of occupancy.

2.

Post a maintenance bond in the amount of 15 percent of the construction cost for the publicly dedicated improvements. The cost estimate shall be a certified estimate itemized into quantity and cost.

(8)

Issuance of certificate of occupancy.

a.

Site development. A certificate of occupancy shall be issued upon acceptance of site improvements and compliance with the requirements of other sections of the land development code.

b.

Subdivisions. No certificates of occupancy for final plat and residential occupancy for any structure within a subdivision shall be issued until all required improvements of the subdivision or appropriate phase or area of the subdivision have been accepted by the city; or when required improvements are dedicated to a private association, until all required improvements have been completed, and have been inspected and approved by the city.

(9)

Failure to perform. If a developer fails to perform the obligations for construction or maintenance required under the agreements referenced in this section, the city council may call upon the surety provided, or any portion thereof, to be used for completion of the necessary remaining work. If the surety is exhausted prior to completion of the work necessary to complete the required improvements, the developer shall remain liable to the city for any resulting deficiency. The city is not responsible for completing any improvements with city funds.

(LDC 1997, ch. 4, § 1.13; Ord. No. 2004-03, §§ 1, 2, 1-27-2004; Ord. No. 2006-17, §§ 2—4, 4-25-2006)