6-409 Subdivision Improvements Agreement (SIA)

Section 6-409 Subdivision Improvements Agreement (SIA)

6-409.A. Purpose. A subdivision improvements agreement is a written contract between the Town and a subdivider providing for and describing conditions of approval for public and private improvements to be constructed as part of a subdivision development. It shall, at a minimum, set forth construction specifications for required public improvements, provide dates for completion of the improvements, and identify the terms and conditions for the acceptance of the improvements by the Town. It shall also provide for such financial assurances as necessary to insure the proper and timely installation of improvements.

6-409.B. Agreement Required. No final subdivision plat shall be signed by the Town and no building permit issued for any subdivision involving or requiring the installation of public improvements absent the execution of a written subdivision agreement as provided for in this Section. However, in the case of a minor subdivision or subdivisions which have previously been the subject of an SIA, the Planning Director may waive the requirement for an SIA in lieu of one or both of the methods and provisions outlined in Section 3-302.D. of this Title. All agreements for the installation of public improvements are to be recorded simultaneously with the recording of the final subdivision plat unless a final plat is not required. Any agreements shall run with and be a burden upon the land to which they apply. The determination of the type, location, and extent of public improvements to be specified within an agreement shall be completed pursuant to Section 3-302 of this Title.

6-409.C. Approvals. Subdivision agreements shall be reviewed and approved by the Town Manager in consultation with the Planning Director and Town Attorney. SIAs shall be recorded concurrently with the final subdivision plat.

6-409.D.1. Purpose. Approved subdivision agreements may be amended to allow administrative flexibility when changing conditions affect the completion of required public improvements. Such conditions may include weather conditions, Town policies regarding street improvements, or changes in the amount or type of improvement collateral deposited with the Town.

a. The Town Manager may approve a one-time extension of a deadline for completion of a required public improvement, amendments to include successors in interest if adequate evidence of title and financial responsibility are demonstrated by such successors, and amendments to modify the type of collateral used to secure completion of the public improvements if determined adequate pursuant the requirements of Section 6-409.C.

b. Amendments which involve the type, quantity, or configuration of public improvements must be approved by P&Z subject to the requirements of this Division.

6-409.E.1. All public improvements as required to be installed as a condition of subdivision development shall be secured by collateral in a sufficient amount and form so as to insure their satisfactory and timely construction. Collateral may be required to be posted at the time of execution of the subdivision improvements agreement. Collateral may be posted in the form of cash, cash bond, letter of credit, certificate of deposit, or such other instrument as may be deemed acceptable by the Town Manager. When public improvements are required as part of a subdivision, the collateral securing same shall be identified in the subdivision agreement.

6-409.E.2. A failure to provide or maintain collateral in an amount or form sufficient to insure the satisfactory installation of public improvements may result in the revocation of subdivision approval.

6-409.E.3. No permit may issue for any construction or building within a subdivision prior to the completion of required subdivision improvements or the posting of collateral to secure the timely installation of such improvements as required in this section.

6-409.F. Release of Collateral. A subdivider may apply in writing to the Town Manager for a partial release or full release of posted collateral from time to time as improvements secured by the collateral are completed. Upon receipt of a request to release collateral, the Town Manager shall direct the Town Engineer to inspect such improvements as have been completed. If the Town Engineer determines from an inspection that the improvements have been installed in a satisfactory manner consistent with the final plat and subdivision approval(s), such portion of the collateral corresponding to the percentage of the improvements completed shall be released by the Town Manager. In no event shall the amount of collateral retained by the Town be reduced below that necessary to secure the full and timely completion of any improvements not yet fully installed. Partial releases of collateral shall only be made in increments of not less than twenty percent (20%) of the total amount initially posted, except for the final release after the completion and acceptance of all required improvements.

6-409.G. Use of Collateral By Town. If the Town Manager determines that reasonable grounds exist to believe that a subdivider is failing or will fail to install improvements as required by the subdivision agreement, the Town Manager shall notify the subdivider in writing that: 1) the Town intends to draw on the collateral for the purpose of completing the improvements; 2) the reasons therefor; and 3) the subdivider may request a hearing before the Town Council on the matter, such request to be made no less than fifteen (15) days from the date of the notice. Should a hearing not be requested within fifteen days, or should the Town Council conduct a hearing and thereafter determine that the subdivider is failing or has failed to satisfactorily install required improvements, the Town may thereafter draw on the collateral as necessary to construct the improvements. In such event, the Town shall be entitled to recover such costs as are reasonable to administer the construction of the improvements.

6-409.H.1. Upon the completion of any phase of the construction of improvements as set forth in a subdivision agreement, the subdivider shall notify the Town Engineer and request inspection. The Town Engineer shall thereafter inspect all improvements and notify the subdivider in writing if any unsatisfactory conditions were found to exist.

6-409.H.2. Upon notification of unsatisfactory conditions, the subdivider shall take necessary corrective measures and shall again request inspection from the Town Engineer. Such process shall continue until all improvements have been satisfactorily installed as determined by the Town Engineer.

6-409.I.1. Upon completion of improvements the subdivider shall notify the Town Engineer and request inspection. The Town Engineer shall inspect all improvements and notify the subdivider in writing of nonacceptance or preliminary acceptance. If the public improvements are not acceptable, the reasons for nonacceptance shall be stated and corrective measures shall be outlined.

6-409.I.2. Upon preliminary acceptance of public improvements the Town will, as applicable, assume responsibility for snow removal in regard thereto, but the subdivider shall remain responsible for all other maintenance and repairs pending final acceptance. Upon application after preliminary acceptance of any improvements, the Town may release up to eighty percent (80%) of the total collateral securing such improvement.

6-409.I.3. The Town shall not be required to make inspections or accept improvements during any period when climatic conditions make thorough inspection impractical.

6-409.J.1. Final acceptance of public improvements shall only be made by Town Engineer.

6-409.J.2. Twelve (12) months following any preliminary acceptance, the Town Engineer shall inspect all public improvements for final acceptance, except that landscaping shall be inspected only in the month of July and only after the expiration of no less than twelve (12) months from preliminary acceptance. If improvements are not acceptable, the reasons for nonacceptance shall be stated and corrective measures outlined. The Town shall not be required to make inspections or accept improvements during any period when climatic conditions make thorough inspections impractical.

6-409.J.3. Upon final inspection and approval by the Town Engineer the Town shall release all remaining collateral and assume normal maintenance responsibilities for all public improvements.