Cass Subdivison Draft 16June2022FULL
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Cass Subdivison Draft 16June2022FULL
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June 16, 2022 <br />138 <br /> <br />4. If any portion of the said improvements shall not be approved or shall be rejected, the <br />developer shall proceed to complete the same and, upon completion, the same procedure <br />of notification, as outlined herein, shall be followed. <br />5. Nothing herein, however shall be construed in limitation of the developer’s right to contest <br />or question by legal proceedings or otherwise, any determination. <br />Section 7.04 Inspection During Construction. <br />(a) Inspections Required. The County, which is to inspect the improvement, shall require <br />inspections of the Plans for correctness and an inspection of the construction of the <br />improvements. The applicant shall agree to pay the cost of any such inspections. Such <br />reimbursement shall be based upon actual costs incurred. Such expense shall be <br />reasonable and in accordance with the ordinary and customary fees charged by the <br />County Engineer or consultant for work performed for similar services in the county, but <br />in no event shall the fees exceed the rate or cost charged by the engineer or consultant <br />to the County when fees are not reimbursed or otherwise imposed on applicants. <br />1. In the event the applicant disputes the amount of any such expense in connection with the <br />inspection, the applicant shall within ten (10) working days of the date of billing, notify the <br />County that such expenses are disputed as unreasonable or unnecessary. A subdivision <br />application or any approval or permit related to development shall not be delayed or <br />disapproved due to the applicant’s request over disputed engineer expenses. <br />2. If, within twenty (20) days from the date of billing, the County and the applicant cannot <br />agree on the amount of expenses which are reasonable and necessary, then the applicant <br />and public agency shall jointly, by mutual agreement, appoint another professional engineer <br />licensed as such in North Dakota to review the said expenses and make a determination as <br />to the amount thereof which is reasonable and necessary. <br />3. The professional engineer so appointed shall hear such evidence and review such <br />documentation as the professional engineer in his or her sole opinion deems necessary and <br />render a decision within fifty (50) days of the billing date. The applicant shall pay the entire <br />amount determined in the decision immediately. <br />4. The fee of the appointed professional engineer for determining the reasonable and <br />necessary expenses shall be paid by the applicant if the amount of payment required in the <br />decision is equal to or greater than the original bill. If the amount of payment required in <br />the decision is less than the original bill by one thousand (1,000) dollars or more, the County <br />shall pay the fee of the professional engineer, but otherwise each party shall pay one-half of <br />the fee of the appointed professional engineer. <br />5. The developer shall provide at least twenty-four (24) hours notice prior to the start of <br />construction of any improvements that are subject to inspection. <br />Section 7.05 Dedication of Improvements. <br />(a) All improvements shall be deemed to be private improvements and only for the benefit <br />of the specific project until such time as the same have been offered for dedication and <br />formally accepted by the municipality or authority by ordinance, resolution, deed, or <br />other formal document. No responsibility of any kind with respect to improvements <br />shown on the Final Plat shall be transferred until the improvements have been formally
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