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The subdivider shall install and construct all improvements required by the subdivision regulations of the City. All required improvements shall be installed and constructed in accordance with approved specifications and under the supervision of the Council and to its satisfaction.
1. Outside Corporate Limits. Where a subdivision outside the corporate limits contains physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which the City does not desire to or cannot maintain, provisions shall be made by the trust agreements, made a part of the deed restrictions, acceptable to the City for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
2. Flooding Protection.
A. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system as well as the discharge of effluent into floodwaters. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.
B. On-site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.
C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.
1. Underground Installation Required.
A. All utilities lines, except electrical lines of nominal voltage in excess of 15,000 volts, shall be installed underground. The subdivider shall be responsible for making the necessary arrangements with the utility companies for installation of such facilities. Such utility lines shall be installed in such a manner so as not to interfere with other underground utilities. Incidental appurtenances, such as transformers and their enclosures, pedestal-mounted terminal boxes, meters and meter cabinets, may be placed above ground but shall be located so as not to be unsightly or hazardous to the public. The installation of such underground utilities and incidental appurtenances shall be in accordance with all applicable standards and shall be approved by the City Engineer.
B. The Council may waive all or part of the requirements of this section if it is determined that soil, topographical or other conditions make such installations within the subdivision unreasonable or impractical. If overhead utility lines or wires are permitted, they shall be placed in the rear of the lots in residential and commercial zoning districts. Overhead utility lines, when permitted in industrial districts, shall be located as the Council direct.
2. Flooding Protection. Utilities such as gas and electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.
1. Monuments. Monuments shall be placed at all corners and angle points of the external boundaries of a subdivision, but no further than one-quarter mile apart. They shall also be placed at block corners, points of curves, changes in direction along lot lines, and at each lot corner in accordance with City specification. All monuments used shall be of a type and material approved by the Council.
2. Sidewalks. Sidewalks shall be constructed on both sides of all streets being dedicated for public use. The sidewalks shall be a minimum of four feet in width and have a minimum thickness of four inches and shall be constructed of Portland cement in accordance with designs and specifications approved by the Council.
3. Water Connections. The subdivider shall provide a water connection for each lot in accordance with standards, procedures, and supervision of the Municipal Water Department.
4. Sewers.
A. Sanitary sewer lines, storm sewers and their appurtenances shall be constructed and installed in accordance with the plans and specifications adopted by the Council. Water and sewer lines shall be made accessible to each lot.
B. Where sanitary sewers are not available, other facilities, as approved by the Council, the County Health Department and the State Health Department, must be provided for the adequate disposal of sanitary wastes.
5. Review of Proposals and Developments to Determine Flood Hazard. All subdivision proposals and other proposed new developments shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposals shall be reviewed to assure that: (i) all such proposals are consistent with the need to minimize flood damage within the flood-prone area, and (ii) adequate drainage is provided to reduce exposure to flood hazards.
1. When Required.
A. If performance bonds for improvements are submitted by the developer, the performance bonds for all public improvements, such as water mains and appurtenances; wastewater and storm water conveyance systems; streets and sidewalks, shall provide corporate surety in the penal sum of amounts equal to the cost of such improvements. The performance bonds will obligate the developer and/or the developer’s bondsman to construct the improvements in accordance with the standard specifications and the approved plans within two years for sidewalks and one year for all other improvements from the date of filing of the bonds.
B. Prior to acceptance by the City of any public improvement, such as water mains and appurtenances; wastewater and storm drains; water conveyance systems; streets and sidewalks, there shall be submitted to the City a bond, with corporate surety in the penal sum of an amount equal to the costs of such improvement, obligating the contractor and/or his bondsmen to keep such improvement in good repair for a period of not less than four years for paving and three years for all other improvements, from the date of acceptance, and indemnifying the City for the period against any loss or expense to which it may be subjected as a result of defective materials, installation or construction.
2. Letters of Credit. The owner or developer may submit a letter of credit in lieu of a performance bond for sidewalk, street trees and erosion control improvements. Said letter of credit shall be from any approved bank or savings and loan in a form approved by the City Attorney, which letter, among other things, shall comply with the following requirements:
A. Shall run in favor, of the City;
B. Be in an amount determined by the director of community development and approved by the Mayor and City Council to be sufficient to complete the improvements and installations in compliance with the regulations set forth in this chapter;
C. Be issued by any approved bank or savings and loan association within the County;
D. Specify that, in the event the owner or developer fails to complete the required improvements and installations within one year of the date of the approval of the plat, the bank or other assuring institution, shall pay to the City, upon demand, a sum sufficient to complete said improvements, or the face amount thereof, whichever amount shall be the lesser.
3. Filing Fees. Before a preliminary plat may be considered by the Commission, the subdivider or agents shall pay the City a fee established by resolution.
(Ord. 1805 – Apr. 14 Supp.)
4. Inspection Fee. The installation of all improvements required to be installed within any subdivision shall be inspected by competent inspectors furnished by the City. The City Engineer shall determine the type of inspections to be made and the hours needed to make such inspections. The actual cost, plus an overhead factor, incurred by the City shall be borne by the developer. The City shall keep a record of hours worked and shall bill such developer for such services monthly. In addition to the hourly rate paid for inspection services by the City, the City shall include an overhead charge. All charges incurred for inspection services by the City, as herein provided, shall be paid by the developer prior to acceptance of the improvements by the City. The City Council shall, by resolution, establish the hourly rate to be charged for such services, which rate shall be reviewed annually.
1. Variances and Modifications.
A. Whenever the tract to be subdivided is of such unusual topography, size or shape that the strict application of the requirements contained in the regulations codified in this chapter would result in substantial hardships, the Council, upon recommendation of the Commission, may vary or modify such requirements so that the subdivider is allowed to develop property in a reasonable manner; provided, such variance or modification will not have the effect of nullifying the intent and purpose of the subdivision regulations for the City or of interfering with carrying out the comprehensive plan. In no case shall any variation or modification be more than a minimum easing of the requirements, and in no instance shall it conflict with any zoning ordinance and map or reduce the traffic capacity of any street below that shown on the comprehensive plan.
B. Such variances and waivers may be granted only by the affirmative vote of two-thirds of the members of the Commission.
C. In granting variances and modifications, the Commission may require such conditions as will, in its judgment, secure substantially the objectives of the requirements so varied or modified.
D. Any variance of the underground installation requirements under Section 200.37(1) or variance of the storm detention ordinance may be authorized by the Council only after an affirmative vote of two-thirds of the members of the Plan and Zoning Commission.
2. Changes and Amendments. Any regulations or provisions in this chapter may be changed and amended from time to time by the Council; provided, however, such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation in the City at least fifteen days prior to such hearing.
3. Illegal Sale or Lease. Any persons who dispose of or offer for sale or lease any lots within the corporate limits before the plat thereof has been acknowledged and recorded, as provided in this chapter, shall forfeit and pay $50.00 for each lot and part of lot sold or disposed of, leased or offered for sale.