(A) A final plat shall be drawn in ink on tracing cloth or drafting film such as mylar or acetate. Drawings shall be at a scale of one inch equals 100 feet. In no case shall it be on less than 18 inch by 24 inch sheets of paper. This final plat may be submitted for approval in contiguous sections;
(B) The final plat shall show the name of the subdivision and name of the subdivider;
(C) The final plat shall show title, scale, north arrow and date of survey;
(D) Plat boundary lines shall be shown giving the bearings in degrees, minutes and seconds. Distances shall be shown in feet and hundredths;
(E) Location and description of all monuments found or set within the plat area, including benchmarks with elevation shown, and property corners;
(F) Zoning shall be shown with boundaries shown as streets, highways or property lines;
(G) Lot lines and right-of-way lines, existing and proposed; lines to be eliminated shall be dashed. Names of streets, right-of-way widths of all streets and alleys; private streets shall be so designated. The radius of all curves; lengths of all tangents on all rights-of-way; accurate dimensions, bearings and deflection angles of all curves;
(H) Location, dimensions and purposes of all easements, existing or proposed, and any limitations thereof;
(I) Number or letter to identify each lot and block. Also, address of each individual lot in accordance with the city’s numbering system, if applicable;
(J) Location, dimensions, area and purposes of lots proposed to be reserved for the public;
(K) Reference to recorded subdivision plats of adjoining platted land by recorded name and date;
(L) Statement that the subdivision is with the free consent and in accordance with the desire of the undersigned owner of the land, acknowledged in a manner required for acknowledgment of deeds;
(M) Signed statements by the subdivider dedicating public rights-of-way and granting all required easements for public use;
(N) Certification and seal by a registered, licensed surveyor of the state in accordance with the laws of the state, certifying the accuracy of the survey and plat, that he or she prepared or supervised preparation of the plat and that he or she has shown all required easements;
(O) Certification by the City Clerk, or authorized agent, that all streets, curbs, gutters, sidewalks, lighting conduits (if provided) and drainage requirements have been provided, and that the drainage analysis plan has been approved;
(P) Certification by authorized representatives of the local water, wastewater, electric, gas, telephone and communications utilities that their system needs have been met. All final plats must contain a place for signatures of acceptance by all relevant utilities;
(Q) Certification by the authorized agent of the local water and wastewater utility that water, fire hydrants and sewer system needs have been provided. Prior to the city approving a final plat, the developer shall submit a report to the Planning and Zoning Commission and to the Board of Trustees from the local water and wastewater utility. The report must approve the plat without any contingencies not resolved and such resolutions approved by the local water and wastewater utility. The authorized representative(s) of the local water and wastewater utility must certify that the developer has complied with all of the requirements of the local water and wastewater utility. All final plats must contain a place for signatures of acceptance by the authorized representative(s) of the local water and wastewater utility;
(R) Before a subdivision plat is placed on the agenda of the Planning and Zoning Commission to be considered for a recommendation for final approval, one of the following must be submitted by the subdivider:
(1) Subdivision completion. A written agreement signed by the subdivider to construct all required improvements after the subdivision receives final approval from the Board of Trustees, but prior to filing and recording the final plat at the County Clerk’s office. The subdivider shall not receive the final signed plat for filing from the city until all required improvements have been inspected and approved by the city, or its authorized representatives. If the improvements are not completed by the completion date, the subdivision shall revert to a preliminary status.
(2) Security agreements.
(a) 1. If the subdivider prefers to file the final plat prior to completion of improvements in the subdivision, then the subdivider shall provide a security agreement. The amount of such security must cover the projected cost of all required improvements. The amount shall be based on the projected costs at the time improvements are scheduled for completion. The projected costs shall be verified and approved by the City Clerk, or authorized representative.
2. One of the following types of security shall be filed with the city:
a. Performance bond. A surety bond acceptable to cover estimated costs of the improvements;
b. Escrow account. An account established with a bank or financial institution in the amount of the projected cost of improvements which can only be drawn upon by the city to cover the costs of improvements; and
c. Irrevocable standby letter of credit. Irrevocable authority granted to the city to draw a draft for the projected cost of improvements.
(b) All security agreements shall be approved as to form by the City Clerk, or authorized representative, prior to submission to the Planning and Zoning Commission for approval and shall also be submitted with the final plat to the Board of Trustees for approval. After final approval by the Board of Trustees, the agreement establishing the form of security shall be filed with the City Clerk. Upon satisfactory completion of the improvements agreed upon, the security and indemnity agreement shall be released in writing by the City Clerk and shall be returned to the developer.
(3) Form of security and indemnity agreement.
(a) Prior to presentation of a final plat, the developer shall indicate to the Planning and Zoning Commission and the Board of Trustees whether the method used for completion of improvements will be tentative approval prior to filing of the final plat or acceptance of a security and indemnity agreement by the city.
(b) During the period of tentative approval (before completion of improvements), if a developer wishes to submit a security and indemnity agreement, it shall specify the amount of time within which the improvements must be completed. In no case shall the agreement exceed 22 months for completion under the tentative approval, but must conform to the date 22 months from the Board of Trustees’ approval of the final plat.
(c) Required elements of an indemnity agreement shall include:
1. A statement that the indemnitor is the developer of the subdivision within the platting jurisdiction of the city and that compliance with the city’s subdivision regulations requires certain guarantees of performance for the development of improvements;
2. A statement providing for the indemnitor to indemnify the city from any and all costs, damages and legal expenses resulting from the city having to construct improvements in said subdivision, up to a specific dollar amount for all improvements required with final approval of the final plat by the Board of Trustees. An accompanying quote or signed contract shall be required;
3. A statement of the amount of time allowed for the developer to complete the improvements. In no case shall the date exceed 22 months from the date of approval of the final plat by the Board of Trustees. The agreement shall provide that the developer shall be permitted to sell or otherwise dispose of any lot within the subdivision at any time within the 22-month period;
4. An accompanying irrevocable letter of credit or irrevocable escrow account or performance bond; to be made a part of the indemnity agreement. The security agreement shall contain specifically named improvements and a description of the method to be used for disbursing funds from the security. The security agreement shall extend at least 60 days beyond the required date for completion of the improvements; and
5. A statement providing for the remaining funds that have not yet been released for improvements, to be released to the city up to the limits of the indemnity agreement, with legal recourse to collect any additional moneys expended by the city for completion of the project should the described improvements not be completed within the time agreed upon.
(d) Upon satisfactory completion of the required improvements and acceptance by the city, the security and indemnity agreement shall be released in writing by the city and shall be returned to the developer.
(S) Master plats shall not be signed by the Board of Trustees or the Planning and Zoning Commission until these conditions have been met.
(Ord. 2013-02, passed 3-19-2013)