§ 19-315. Improvement construction prior to filing and/or submitting a surety to secure the actual construction of required improvements.  


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  • A.

    Normally a subdivider elects to install and construct any or all of the public improvements required herein prior to the filing of a final plat. Under such circumstances, the procedure shall be as follows:

    1.

    The subdivider shall submit a written request to the Public Works Department indicating in specific detail the required public improvements which the subdivider proposes to install and construct prior to the filing of the approved final plat.

    2.

    The Public Works Department shall review the construction drawings and documents and prepare a written report for the Development Committee.

    3.

    The Development Committee shall approve the program for accomplishing all required public improvements is feasible and in compliance with the approved preliminary plat and not contrary to the public interest. If approved, the City of Norman Public Works Department is authorized to issue construction permits for all required public improvements.

    4.

    In all cases where the Development Committee approves a program of construction of required public improvements prior to the filing of a final plat, a copy of the final plat, without benefit of required signatures of City officials, shall be held in escrow by the City through the Public Works Department. It shall not be released for any purpose until the approved program of construction is completed and all public improvements are accepted by authorization of the City Council. Subsequent to the acceptance of all required public improvements included in the construction program and the accomplishment of all other commitments, if any, of the subdivider, the final plat shall be executed by the City and recorded at the County Courthouse.

    5.

    An approved program of construction under this method shall be completed within a period of two (2) years. Two (2) years from the date of approval by the Development Committee, the approval of any construction program which has not been initiated shall become null and void.

    B.

    Coincident with the acceptance of the final plat by the City Council of any public dedications within the subdivision, the subdivider may elect to submit an acceptable corporate surety bond, cash, certificate of deposit, or irrevocable letter of credit drawn on a banking institution qualified to do business in the State of Oklahoma for all required improvements. Vegetative cover should be planted when drainage improvements are installed, but may be deferred for up to six (6) months depending on weather conditions. Construction of sidewalks can be deferred for a period of two (2) years, or until on-site construction is completed. The procedure for bonding any public improvements is as follows:

    1.

    Said surety shall be submitted to the Public Works Director. Said surety shall be executed on an approved City of Norman Bond Form, and be approved as to form and legality by the City Attorney. The terms of said bond (hereinafter referred to as a "subdivision bond") shall provide that it be conditioned that if the subdivider has not, within the stated period of time from the date of City acceptance of said subdivision bond, completed the installation of all required improvements within the subdivision, the subdivider and/or the subdivider's surety shall be required to forthwith pay over to the City a sum sufficient to contract, after competitive bidding, for the installation and construction of all said required public improvements not theretofore installed and constructed by the subdivider. Said sum shall constitute one hundred (100) percent of the cost of construction of the bonded improvements.

    2.

    In the event that the subdivider is the principal on any delinquent corporate surety bond, the obligations of which have not been fulfilled, said subdivider shall be required to provide as surety, cash, certificate of deposit, or an irrevocable letter of credit as described above, for any improvement not installed and/or constructed by the subdivider prior to the filing of the final plat.

    3.

    It shall be the responsibility of the subdividers posting any form of surety—bond, cash, certificate of deposit, or an irrevocable letter of credit—to inform the City of Norman, through its Director of Public Works when the subdivider's obligations under said surety have been fulfilled and to request release from the times and conditions of the posted surety. (See also section 19-316B.5.)

    4.

    Any construction surety, regardless of form, shall be accompanied by a certified engineer's estimate, prepared by registered, professional engineer licensed to practice in the State of Oklahoma, certifying that the bond amount is sufficient to cover the current cost of constructing the bonded improvement.

(Ord. No. O-7273-87; Ord. No. O-7374-21; Ord. No. O-7778-43; Ord. No. O-8182-3; Ord. No. 0-0001-15; Ord. No. O-0809-35, § 1; Ord. No. 0-1213-32, § 1)

Editor's note

Section 1 of Ord. No. 0-1213-32, adopted March 26, 2013, amended and renumbered former § 19-314 as § 19-315.