§ 160.100 IMPROVEMENTS.
   (A)   Improvements required. Prior to final approval of a plat by the City Council, the subdivider shall have agreed, in the manner set forth below, to install at the subdivider’s expense and in conformity with all applicable standards and ordinances, the following improvements on site.
      (1)   Survey monuments. All subdivision boundary corners, block and lot corners, road intersection corners and points of tangency and curvature shall be marked with survey monuments or triangulation stations in or adjacent to the property and shall be preserved in precise position unless a relocation is approved by the controlling agency. Delayed setting of monuments shall not be permitted.
      (2)   Grading. The full width of the right-of-way of each street and alley dedicated in the plat shall be graded for an urban design roadway. All graded rights-of-way, not including the street surface, and all graded or disturbed areas within a subdivision shall be seeded and stabilized in compliance with the recommendations of the county’s Soil Conservation District and the City Engineer within 30 days of the completion of grading or disturbance of individual areas.
      (3)   Pavement. All street and alleys shall be improved with concrete or bituminous surface.
      (4)   Curb and gutter. Along both sides of an urban design street, concrete curb and gutter shall be installed.
      (5)   Drainage facilities. The facilities and easements shall be installed as will adequately provide for the drainage of surface waters; a storm sewer system may be required when the easements or land is needed in the public interest for purposes of floodplain management, proper drainage, prevention of erosion, pedestrian access to waterbodies, or other public purpose. If there is a Watershed District, that Board must approve all surface water drainage. If SCS structures exist on the land to be subdivided or will be required, SCS must approve the plan for structures and restoration.
      (6)   Miscellaneous facilities. Tree planting, traffic control signs, oversized utility trunk lines, pedestrian ways and other improvements may be required.
      (7)   Erosion control. Prior to the commencement of any grading or disturbance of any area within a subdivision, silt fences or other erosion control devices required and approved by the City Engineer shall be installed on site. These devices shall include but not be limited to: staging, grading operations, side slopes, silt fences, mulching, culverts, ponding areas, netting and the like. The erosion control devices shall remain in place and shall be maintained in working order until the disturbed areas are stabilized and roadways are approved, at which time they shall be removed at the expense of the developer.
(Prior Code, § 12-1471)
   (B)   Payment for installation.
      (1)   The required improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider.
      (2)   If the platting and development of the subject property shall necessitate the construction and improvement of public roads outside of the subdivided property, the city may require the owner to provide sufficient financial guarantees for the portion of the estimated cost of the construction or improvement as represents the benefit to the subdivided property using usual assessment apportionment practices.
(Prior Code, § 12-1472)
   (C)   Agreement providing for the installation.
      (1)   Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to have the improvements constructed by the subdivider in accordance with the plans and specifications prepared by the City Engineer, which plans shall be in conformance with all applicable standards and ordinances. The contract shall provide for the observation of construction by the City Engineer to ensure conformance to the plans and specifications, and shall require that the city be reimbursed for all costs incurred by the city for planning, engineering and legal fees and other expenses in connections with making the improvements; and shall contain other provisions as may be required by the City Council.
         (a)   The subdivider shall, concurrently with the execution of the contract, make a cash escrow deposit, or in lieu thereof, provide an irrevocable letter of credit, the amount of which shall be equal to 150% of the City Engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the costs for legal, administrative and engineering expenses, including inspection. The city shall be entitled to reimburse itself out of the cash deposit or irrevocable letter of credit for all expenses incurred by the city for the completion of the work, and upon completion of the work, any balance remaining in the deposit shall be refunded to the subdivider. The subdivider shall also agree to reimburse the city for any costs and expenses incurred in excess of the original cash deposit or irrevocable letter of credit, and shall replenish the deposit or letter of credit as necessary and requested by the city to secure the subdivider’s obligations to the city.
         (b)   On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat. In this event, the amount of the deposit or letter of credit may be reduced in a sum equal to one-half of the estimated cost of covered improvements completed prior to acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the City Council upon recommendation of the City Engineer. It shall be reasonable with relation to the work to be done, the seasons of the year and proper correlations with construction activities in the plat and subdivision.
      (2)   No subdivider shall be permitted to start work on any other subdivision without special approval of the City Council if he or she has previously defaulted on work or commitments.
(Prior Code, § 12-1473)
   (D)   Financial guarantee. The financial guarantee required as part of the division agreement shall be one of the following:
      (1)   Escrow deposit. A cash escrow deposit may be made with the City Administrator. The city shall be entitled to reimburse itself out of the deposit for any cost or expense incurred by the city for completion of the work in case of default of the breach thereof.
      (2)   Letter of credit. The subdivider may deposit with the city, from a bank or other reputable institution or individual subject to the approval of the City Council, an irrevocable letter of credit which shall certify that:
         (a)   The creditor does guarantee funds in the required amount;
         (b)   In the case of failure on the part of the subdivider to complete the specified improvements within the required time period, the creditor shall pay to the city immediately, and without further action, the funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter; and
         (c)   This letter of credit may not be withdrawn, or reduced in amount, until released by the City Council.
(Prior Code, § 12-1474)
   (E)   Construction plans and inspections.
      (1)   Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the subdivider’s expense by the City Engineer. The plans shall become part of the required contract. Two prints of the plans shall be furnished to the city to be filed as a public record.
      (2)   All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the City Engineer at the subdivider’s expense. Any tests necessary to determine conformance to all city specifications and requirements and the plans shall be prescribed and scheduled by the City Engineer and performed at the subdivider’s expense. Acceptance by the city of the improvements and release of the subdivider’s security shall occur one year after the City Engineer has certified completion of the project and compliance with the contract.
      (3)   The subdivider shall obtain at his or her own expense, an “as built” plan which shall be submitted to the city upon completion of improvements and before the improvements are accepted by the city. The City Engineer shall certify to the city that the improvements were constructed as specified in the plans, and that the improvements were constructed according to all applicable standards and ordinances.
(Prior Code, § 12-1475)
   (F)   Completion prior to approval of plat. Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the City Engineer shall certify that he or she is satisfied that the existing improvements conform to applicable standards.
(Prior Code, § 12-1476)
(Res. 1997-16, passed 6-17-1997; Ord. 10-2005, passed 6-21-2005) Penalty, see § 160.999