§ 27-311. Assurances and inspections for public improvements.

All streets, sewers, or other facilities intended to be dedicated to the unified government shall be subject to the following:

(1)

Installation guarantee. No building permit shall be issued for a building to be placed on a lot that is not fully served by all of those improvements. For purposes of this section, "being fully served" shall mean that sanitary sewers (except where alternate methods are used), street pavement, sidewalks, if provided, and storm sewers shall be installed, duly inspected and found acceptable, accepted by the county administrator, and service connections, if appropriate, applied for. In the event that building permits are desired before all of the improvements are in place, the subdivider may place with the unified government performance surety, in the form of bond, cash escrow, or irrevocable letter of credit guaranteeing the installation of all improvements, whereupon building permits may be issued. The amount of surety shall be equal to 100 percent of the estimated cost of all improvements as determined by the unified government engineer and water pollution control director. Such surety and the issuance of building permits may be in increments as may be deemed practical by the unified government engineer but in no case less than one full block length of street.

(2)

Maintenance guarantee. An acceptable surety maintenance bond shall be provided in the amount of the current price of the improvement against defects in workmanship and materials for a period of two years from the date of acceptance of the improvements by the unified government.

(3)

Inspection. All of the improvements shall be subject to inspection and approval of the unified government engineer or water pollution control director, who shall be notified at least 24 hours prior to the start of construction.

(4)

Condition of acceptance.

a.

The unified government 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 improvements shall have been accepted by the unified government.

b.

Prior to requesting the final acceptance of streets and sanitary and storm sewers, the developer shall furnish as-built drawings in reproducible form on Mylar and certification as to contract and specification compliance from the consulting engineer.

c.

The unified government shall, within 14 days after the public improvements have been offered to the unified government, accept the improvements, provided the improvements have been constructed in accordance with the requirements and conditions of this chapter and the specifications of the unified government. The developer shall furnish proof that all improvements are free of liens and debts.

(Code 1988, § 27-702; Ord. No. 64690, § 1(27-97.8), 8-30-1984)