REV Amendments11.5C-1: PURPOSE:
The purpose of this article is to establish procedures that guarantee the completion of improvements where
city engineer signature on the final plat or occupancy of a structure is desired, but the improvements
required by the city have not been completed. (Ord. 07-1325, 7-10-2007)
11.5C-2: APPLICABILITY:
The provisions of this article shall apply to those improvements that are not needed to protect the public
health, safety and life (including, but not limited to: landscaping, fencing, pressurized irrigation systems and
site amenities) and those. T"° f~"~ improvements that are needed to protect the public health, safety
and life (including, but not limited to, water, sewer, reclaimed water , stormwater facilities or improvements,
and power facilities; parking lot paving and striping; and street paving) and therefore shall be installed prior
to occupancy. (Ord. 07-1325, 7-10-2007)
11-5C-3: PROCESS:
A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or
certificates of occupancy on the lots or land being developed or subdivided, or the structures
constructed thereon, if the improvements required under this title have not been constructed or
installed, or if such improvements are not functioning properly. (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
B. All improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the city engineer, an owner may post a performance surety for such
improvements in order to obtain city engineer signature on the final plat. The amount of the
performance surety shall be equal to not less than one hundred and twenty five percent (125%)of the
cost of completina the required improvements. The estimated cost shall be provided by the applicant
and reviewed and approved by the city engineer. In addition to the performance surety, all such
improvements shall also be subject to a warranty surety in the amount of twenty percent (20%1 of the
cost of improvements for a period of two ~2) years.
C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth
improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature
on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the
procedures set forth in this chapter. (The amount of surety called for shall be equal to not less than one
hundred and twenty five'°^ ^(;- (125~A%) of the cost of completing the required improvements.
.The estimated cost for landscape and fencing sureties shall
be provided by the applicant and reviewed and approved by the director.
D.. ~qe Sureties suety shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all
cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in
accord with the regulations contained in the surety agreement by and between the guarantor and the
city of Meridian.
E. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited
as provided by this article, the city may release temporary occupancy of a structure or structures. The
term of the temporary occupancy shall be determined by the city engineer and/or director. The term
shall not exceed one hundred eighty (180) days in length.
F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be
released subject to the following regulations:
1. The owner shall submit a written request to the city to releasetaa} the surety. The request shall include the
following documents:
a. A statement from the owner that the required improvements are complete.
b. Two (2) sets of pants of the as built plans and specifications for all improvements.
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2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the
surety agreement, have been installed and/or accepted by the city arm at the end of the warranty period has
erg. The as built plans shall be reviewed and approved by the city engineer or director.
3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore
deposited in the manner and to the extent as provided for in the surety agreement in accord with the
regulations of this article. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
11.5C-4: PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION:
In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the
time period required, the city council may proceed to have such work completed and recover the city's costs
by any legal means available, including: foreclosing its lien or, in the event financial guarantees have been
required, to pursue the remedies provided by those financial guarantees. (Ord. 05-1170, 8-30-2005, eff. 9-
15-2005)