16.04.120 – Timing of land improvements

  1. All Land Improvements shall be installed and completed within a period of two years after recording of the Final Plat of Subdivision, unless prior to the expiration of the two-year period and extension of time is requested by the Subdivider and approved by the Director of Community Development or designee.  Failure to complete all of said Land Improvements within such two-year period or any extension thereof shall permit the City to utilize the guarantee to complete the Land Improvements.  In the event of an extension of time, the Subdivider shall provide that the guarantee be in effect for the extended completion period.  The amount of the guarantee shall be equal to the original amount (as reduced for completed Land Improvements pursuant to its terms and conditions, if applicable) plus an additional amount equal to the percentage increase in the ENR:  Engineering New-Record 20 Cities Construction Cost Index, published weekly by McGraw Hill Information Systems Co., from the date of the original guarantee to the date of the extension approved by the City.  In the event said index is no longer published, then the Consumer Price Index of the U.S. Department of Labor-Transportation Group, Chicago-Gary-Kenosha shall be used to calculate the increased amount.  It shall be the Subdivider’s responsibility to provide the appropriate documentation to the City regarding the index statistics.
  2. In the event building permits have been issued for more than fifty percent of the lots, no extension of the time period shall be granted, except that the City Council may provide a time extension for completion of sidewalk; tree planting, and parkway restoration improvements.
  3. In the event of failure to complete the Land Improvements in the required period, or any extension thereof, in addition to any other remedy the City may have, the City Council may direct that no further building permits be issued for property in such subdivision until acceptance or acknowledgement of completion by the City Council of the Land Improvements.