§ 19.08.050. Inspection and acceptance of public improvements.

A.

Entry and Inspections.

1.

The city manager, or designee shall inspect the construction of improvements while in progress as well as upon completion. Construction shall be in accordance with the approved subdivision improvement plans. The city manager or designee shall have the right to enter upon the subdivision site for the purpose of conducting inspections. The city manager or designee shall provide for the inspection of required subdivision improvements during construction to insure general conformity with plans and specifications as approved. If the city manager or designee finds, upon inspection, that any of the required subdivision improvements have not been constructed in accordance with the subdivision improvement plans, this title or the DSC, then the subdivider shall be responsible for making the necessary changes to insure compliance. Any significant change in design required during construction shall be made by the subdivider's engineer, and shall be subject to prior approval by the city manager or designee. If the city manager, or designee finds upon inspection that any of the required public improvements have not been constructed in accordance with the approved subdivision improvement plans, the property owner shall be responsible for completing and/or correcting the public improvements.

2.

Upon completion of each approved phase of the subdivision construction, the subdivider shall notify the city manager or designee that the work is ready for a final inspection. The city manager or designee shall, within ten working days of a notification by the subdivider, arrange and conduct a joint inspection with the subdivider and the contractor to determine that each aspect of the subdivision has been installed per city standards, and in conformity with the approved subdivision improvement plans. Deficiencies requiring correction by a subdivider resulting from an inspection of the city manager or designee on any phase of the subdivision construction shall be made in writing, and such deficiencies shall be corrected within thirty days of the written correction notice unless otherwise agreed to by the city manager or designee in writing. A subsequent inspection of the subdivision construction in any phase requiring correction shall be made within five working days from a request of the subdivider, and the re-inspection(s) shall be solely based on corrections requested at the initial inspection; provided, however, that corrections requested at any inspection and necessitated to comply with any statutory requirement shall be made by the subdivider. Failure of the city manager or designee to arrange and conduct the inspection(s) as herein provided shall permit the subdivider to request that the city accept the phase of subdivision construction for maintenance. It shall be the duty of the subdivider to document that the requirement has been met. Documentation that this inspection has been successfully performed shall be submitted to the city manager or designee prior to the acceptance of any approved phase of the subdivision improvements and the contractor's release from liability.

3.

The subdivider shall pay all necessary inspection fees, and no permits shall be issued until the required fees have been paid.

B.

Submission of As-Built Plans or Record Drawings. The city shall not accept dedication of required public improvements until the applicant's engineer has certified to the city manager, or designee, through submission of a detailed "as-built" or record drawing or survey plat of the property and any off-site easements, the location, dimensions, materials, and other information establishing that the public improvements have been built in accordance with the approved subdivision improvement plans. Each as-built or record drawing sheet shall show all changes made in the plans during construction and on each sheet there shall be an "as-built" or "record" stamp bearing the signature of the engineer and date. An electronic copy of such drawings in accordance with the city manager, or designee's submission requirements shall also be provided. The drawings shall contain:

1.

A complete set of "as-built" film reproducible improvement plans for the subdivision. The "as-built" plans shall illustrate that all of the subdivision improvements are in accordance with the subdivision improvement plans and with this title, as approved for the subdivision; and that said subdivision improvements are ready for acceptance by the city, and are free and clear of any and all liens and encumbrances;

2.

A monument certification letter for city monuments that meet the requirements of the DCC.

C.

Acceptance or Rejection of Improvements.

1.

The city manager, or designee, shall be responsible for certifying acceptance of completed subdivision improvements intended for dedication to the City of El Paso.

2.

Within the Corporate Limits. Upon completion of the construction of the subdivision improvements, the subdivider shall request that the city accept the improvements for maintenance. Acceptance of the public improvements shall not be unreasonably delayed, withheld, or denied by the city. The public improvements may be accomplished in phases; provided, that the phasing is shown on the subdivision improvement plans approved by the city manager or designee pursuant to this title, and that all phases of the subdivision improvements are completed within the time period specified. Concurrently with the request for acceptance of the subdivision improvements for maintenance, the subdivider shall submit "as-built" subdivision improvement plans and surveys as required in subsection B. After final inspection, the city manager or designee shall notify the subdivider in writing as to the acceptance or rejection of such construction.

3.

He shall reject such construction only if it fails to comply with standards and specifications of the City of El Paso. If he rejects such construction and the developer fails to make the corrections as requested, the city attorney shall, on direction of the city council, proceed to enforce the guarantee provided by security called for in this title.

4.

If the city manager, or designee accepts such construction upon certification by the design engineer that the improvements have been constructed according to the authorized subdivision improvement plans and upon review of such inspections by city inspectors, the city shall execute all the necessary documents within thirty days to release the full amount of any security required in Section 19.08.040, including any retainage. The city manager, or designee, shall issue a certificate to the property owner stating that all required public improvements have been satisfactorily completed. Acceptance of the improvements shall mean that the property owner has transferred all rights to all the public improvements to the city for use and maintenance, upon acceptance of the required public improvements.

D.

Disclaimer. Approval of a preliminary plat or final plat by the city plan commission shall not constitute acceptance of any of the public improvements required to serve the subdivision or development. No public improvements shall be accepted for dedication by the city except in accordance with this title.

E.

Acceptance of Improvements for Land in Extraterritorial Jurisdiction. Where the facilities to be constructed are located within the city's extraterritorial jurisdiction, and are to be dedicated to El Paso County, the city manager, or designee shall coordinate with the county to ensure that the public improvements have been constructed in accordance with approved subdivision improvement plans, and are ready for acceptance by the county. Any public improvements or property to be dedicated to the city rather than the county shall be inspected and must be approved if all requirements have been met and accepted for dedication or future dedication upon annexation.

(Ord. 16882 § 2 (part), 2008)

(Ord. No. 17236, §§ 7, 27, 11-10-2009)