§ 6.9. Inspection and Acceptance of Public Improvements.

a.

General Procedure. The subdivider shall provide inspection service through his/her engineer to ensure that construction is being accomplished in accordance with the plans and specifications approved by the City Engineer. The subdivider shall notify the City Engineer forty-eight (48) hours prior to commencement of construction. This notice shall give the location and date of the start of construction. If the City Engineer determines it necessary, he/she shall have the right to inspect any construction work being performed to ensure that it is proceeding in accordance with the intent of the provisions of this ordinance. Any change in design that is required during construction should be made by the licensed professional engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans, and if those revisions are noted on the plans or documents. All revisions shall be approved by the City Engineer. If the City's Engineer finds, upon inspection, that any of the required public improvements have not been constructed in accordance with the City's standards and TCSS, then the property owner shall be responsible for completing and correcting the deficiencies (at his/her expense) such that they are brought into conformance with the applicable standards.

Testing laboratory services will be arranged and paid for by the City. The City will pay for testing services only for those tests which indicate conformance with the approved specifications. All expenses for tests that fail to meet these specifications shall be borne by the developer. It shall be the responsibility of the developer's engineer to coordinate the scheduling of all required tests with the testing laboratory. Testing shall be conducted in accordance with the procedures set forth in TCSS for like work at the frequency specified thereon as directed by the City Engineer.

b.

Letter of Satisfactory Completion. The City will not deem required public improvements satisfactorily completed until the applicant's engineer or surveyor has certified to the City Engineer, through submission of detailed sealed "as-built", or record, drawings of the property which indicate all public improvements and their locations, dimensions, materials and other information required by the City Engineer, and until all required public improvements have been completed. The "as-builts" shall also include a complete set of sealed record drawings of the paving, drainage, water, sanitary sewer and other public improvements, showing that the layout of the lines and grades of all public improvements are in accordance with engineering plans for the plat, and showing all changes made in the plans during construction, and containing on each sheet an "as-built" stamp bearing the signature and seal of the licensed professional engineer and the date. One reproducible drawing of the utility plan sheets containing the as-built information shall also be submitted. The engineer or surveyor shall also furnish the City with a copy of the approved final plat and the engineering plans, if prepared on a computer-aided design and drafting (CADD) system, in such a digital format (on disk) that is compatible with the City Engineer's CADD system. When such requirements have been met to the City Engineers satisfaction, the City Engineer (or designee) shall thereafter make a recommendation to the Planning and Zoning Commission for consideration of satisfactory completion of the public improvements. Once the Commission votes its approval of satisfactory completion, the City Engineer (or designee) shall issue a letter of satisfactory completion.

Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the City for use and maintenance. The City may, at its option, accept dedication of a portion of the required public improvements if the remaining public improvements are not immediately required for health and safety reasons, and if the property owner has posted a performance bond, letter of credit or cash bond in the amount of one hundred percent (100%) of the estimated cost of those remaining improvements for a length of time to be determined by the City. If the remaining public improvements are greater than ten thousand dollars ($10,000.00) and are not completed within the determined length of time, the City will impose a penalty that equals ten percent (10%) of the performance bond, letter of credit, or cash bond. The obligation to complete the improvements remains with the developer, and all future building permits or certificates of occupancy will be withheld until the improvements are complete. If the remaining public improvements are less than ten thousand dollars ($10,000.00), the developer shall pay the actual dollar amount. The length of time may be extended due to inclement weather or unforeseen delays by mutual agreement between the developer and the City.

Upon acceptance of the required public improvements, the City Engineer (or designee) shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.