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A. Applicants for a final PUD application shall demonstrate that all of the following criteria have been satisfied:

1. All features and amenities approved in the preliminary PUD have been constructed, or a bond has been posted for such construction;

2. The city public works director has documented that all conditions imposed on the preliminary PUD requiring public works department approval have been constructed to the satisfaction of the director;

3. The city fire marshal has documented that all conditions imposed on the preliminary PUD requiring fire code approval have been constructed (or per the fire marshal’s discretion will be constructed pursuant to a subsequent permit) to the satisfaction of the fire marshal;

4. The city planning director has documented that all conditions imposed on the preliminary PUD requiring planning department approval have been constructed to the satisfaction of the director;

5. Findings must be made that the preliminary PUD (and/or preliminary plat or binding site plan) conforms to all terms of preliminary PUD approval, that the PUD meets the requirements of this chapter and all other applicable codes and state laws.

B. The applicant shall provide a bond or other financial assurance acceptable to the planning director to ensure that any improvements made in the common open space will be completed. The city shall release the bond or financial assurance when the improvements have been completed in accordance with the development plan.

C. As a condition of approval of the final PUD, and before any permits are issued for the property, the applicant shall submit to the city any covenants, deeds, and/or homeowners’ association bylaws, or other documents guaranteeing maintenance, construction and common fee ownership, if applicable, of open space, community facilities, and all other commonly owned and operated property. These documents shall be reviewed and approved as to form by the city attorney to ensure that they comply with the requirements of this chapter prior to final PUD approval. Such documents and conveyances shall be recorded with the county auditor as a condition of any final PUD approval. (Ord. 1307 § 59, 2014; Ord. 1131 § 8, 2008; Ord. 866 § 8, 2001; Ord. 710 § 93, 1996; Ord. 573 § 2, 1990).