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<br />Subd. 12. <br /> <br />Subd. 13. <br /> <br />Subd. 14. <br /> <br /> <br />Prior Land Occupancy. No Certificate of Occupancy shall be issued for <br />any homes until the first course of a public street is completed and <br />approved by the City Engineer. Ifhomes are occupied prior to completion <br />of street improvements and acceptance by the City, Developer shall <br />provide all maintenance necessary for such streets including snowp10wing, <br />until final acceptance by the City. <br /> <br />Erosion Control. Prior to site grading and before any utility <br />construction is commenced or building permits are issued the erosion <br />control plan attached and incorporated as Exhibit D shall be implemented, <br />inspected and approved by the City. No construction activity will be <br />allowed and no building permits will be issued unless the plat is in full <br />compliance with the erosion control requirements. <br /> <br />A. All areas are served by the activation and back filling. Operation <br />shall be receded within seventy-two (72) hours after completion of <br />the work in that area. <br /> <br />B. All basement and/or foundation excavation spoil piles shall be kept <br />completely off City right-of-way and shall be completely <br />surrounded with an approved erosion control sealed fence. <br /> <br />C. Except as otherwise provided in the erosion control plan, seed shall <br />be rye grass or other fast growing seeds suitable to the existing soil <br />to provide a temporary ground cover as rapidly as possible. <br /> <br />D. Sod is required on all slopes greater than 10% in radius or as <br />directed by the City Engineer. <br /> <br />E. All seeded areas shall be mulched in disc anchored as necessary <br />for seed retention. <br /> <br />The parties recognize that time is of the essence in controlling erosion. If <br />the plat development does not comply with the erosion control plan and <br />schedule or supplementary instructions received from the City, the City <br />may take such action as it deems appropriate to control erosion. The City <br />will endeavor to notifY the Developer in advance of any proposed action <br />but failure of the City to do so will not affect the Developer's or the City's <br />rights or obligations hereunder. If the Developer does not reimburse the <br />City for costs incurred hereunder within thirty (30) days, the City may <br />draw down the letter of credit to pay any costs. <br /> <br />Construction Management. The Developer and its contractors and <br />subcontractors shall work to minimize impacts from construction on the <br />surrounding neighborhood by: <br /> <br />A. Definition of Construction Area. The limits of the Project Area <br />shall be defined with heavy-duty erosion control fencing approved <br /> <br />5 <br />