§ 28-49. Performance agreement.
(a)
Instrument. When site improvements (other than gas and electric lines) are involved in a plat, an instrument to ensure construction of all site improvements required by these regulations shall be executed by the subdivider and filed with the City together with the plat. Such instrument shall be in substantially the same form as the instrument set out in Appendix C.
(b)
Time extension. No extension to the time limitations set out in such instrument shall be granted by the City Council unless and until the applicant shall have justified such request for extension in writing. The request for time extension must be submitted to the City at least 30 days prior to the time limit set out in the performance agreement. If the City finds that development constraints (excluding pecuniary hardship) justify such a request, a time extension may be granted by the City.
(1)
Sidewalk improvements. A time extension up to a maximum of three years for completion of sidewalks may be granted by the commission if a sidewalk plan indicating the uncompleted sidewalks and a time schedule for sidewalk completion is submitted. The sidewalk plan will be submitted for review and approval with the request.
(2)
All other site improvements. A maximum one year time extension for completion of site improvements other than sidewalks may be granted by the City if the applicant shows as evidence of good faith performance that the required site improvements are at least 75 percent completed at the time of request.
(c)
Guarantee. A guarantee, in an amount sufficient to cover the cost of the remaining site improvements, shall be required if necessary in order for such extension to be granted. Such guarantee must be filed within 30 days of the granting of the extension or the extension shall become null and void. Should the granting of such extension require the filing of any instruments, the fees for recording such instruments shall be paid by the subdivider to the City.
(Ord. No. 52, art. II, § 7, 5-20-1997; Ord. No. 100-01-12, § 1, 2-27-2012)