§ 5.2. Inspection of Improvements

5.2.1 General Procedure and Fees : The Development Officer shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay to the City of Santa Fe an inspection fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the Chairman of the Planning Commission unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the City of Santa Fe and no building permits or certificates of occupancy shall be issued until all fees are paid. If the Development Officer finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the City of Santa Fe's construction standards and specifications, the applicant shall be responsible for properly completing the improvements.

5.2.2 Release or Reduction of Security:

A. Certificate of Satisfactory Completion : The City Council shall not accept dedication of required improvements, nor release nor reduce the amount of any security posted by the subdivider until the Development Officer has submitted a certificate stating that all required improvements have been satisfactorily completed and until (1) the applicant's engineer or surveyor has certified to the City of Santa Fe, through submission of a detailed "as-built" survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the Planning Commission, that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision, and (2) a title search, current to within sixty (60) days of submission, has been completed and furnished to and approved by the City of Santa Fe Attorney and (3) the Developer has signed and submitted a certificate to the Development Officer, in a form as approved by the City of Santa Fe Attorney attesting that the improvements have been completed, are ready for dedication to the City of Santa Fe, and are free and clear of any and all mechanic's and material men's liens and encumbrances. Release of Lien Certificates may also be required. Upon such approval and recommendation the City Council shall thereafter accept the improvements for dedication in accordance with the established procedure.

B. Reduction of Escrow Funds and Security : If the security posted by the subdivider was a cash escrow, the amount of that escrow shall be reduced upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall a cash escrow be reduced below twenty-five per cent (25%) of the principal amount. Funds held in the escrow account shall not be released to the subdivider, in whole or in part, except upon express written instructions of the Santa Fe City Manager. At the end of the maintenance and warranty periods, all escrow funds, if any, shall be released to the subdivider. If the security provided by the subdivider was a letter of credit, the City of Santa Fe shall execute waivers of the City of Santa Fe's right to draw funds under the credit upon actual acceptance of the dedication of public improvements and then only to the ratio that the cost of the public improvement for which dedication was accepted bears to the total cost of public improvements for the subdivision. In no event shall waivers be executed that would reduce the security below twenty five percent (25%) of its original amount.

(Ordinance No. 24-2001 of September 27, 2001; Ordinance No. 02-2010 of April 8, 2010, Sec. 16)