Subd. 1. All of the required improvements to be installed under the provisions of this chapter shall be done in accordance with any and all city standards, specifications, and requirements, and shall be approved by and be subject to the inspection of the City Engineer. All of the city’s expenses incurred as the result of the required improvements shall be paid by the applicant either directly, indirectly, or by reimbursement to the city. Required improvements are as follows.
1. Monuments.
a. Official monuments, as designated and adopted by the county surveyor’s office or approved by the County District Court for use as judicial monuments, shall be set at corners or angle points on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer.
b. Monuments shall also be placed at each point at which a lot line intersects a wetland boundary with a maximum spacing of 200 feet. These monuments shall be permanent and shall clearly state the purpose of the monument upon its face.
c. Pipes or steel rods shall be placed at each lot corner.
d. All United States, state, county, or other official benchmarks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat.
2. Street Improvements.
a. The right-of-way, including the subgrade, shall be graded pursuant to plans approved by the city.
b. Pursuant to the standards and specifications for street construction as approved by the City Council, the following shall be accomplished.
i. All streets shall be improved.
ii. All streets to be surfaced shall be of an overall width in accordance with such standards and specifications.
iii. Curb and gutter shall be installed.
c. The portion of the right-of-way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary by the city.
d. Street signs and traffic control devices of standard design and street lighting fixtures, all as approved by the City Council, shall be installed at each intersection or such other location as the Council requires.
3. Sanitary Sewers and Water Facilities. Sanitary sewers and water facilities shall be installed by the city in accordance with the standards and specifications as provided for in the Engineering Design Standards, as may be amended, and shall be subject to the approval of the City Engineer.
4. Trees and Boulevard Sodding. Trees and boulevard sodding shall be planted in conformance with City Engineering Design Standards and specifications.
5. Utility Lines. Telephone, electric, gas service, and/or other public utility lines are to be placed underground in accordance with the provisions of all applicable city ordinances.
6. Erosion and Sediment Control.
a. Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to and maintained during development.
b. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.
c. When soil is exposed, the exposure shall be for the shortest feasible period of time.
d. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed area. The soil shall be restored to a depth of four inches and shall be of a quality at least equal to the soil quality prior to development.
e. In addition, all erosion and sediment control shall be conducted in accordance with subsection 1107.08.
7. Mailbox Units. Mailbox units, as recommended by the United States Postal Services and approved by the City Engineer, shall be installed. All development plans shall include the requirements of the City Engineer for cluster box units. The final plat will not be released until the city is provided with a maintenance declaration, subject to the review and approval of the City Engineer, for the responsibility and cost to maintain the cluster box units, and no certificate of occupancies shall be issued until the city is provided with recording information.
Subd. 2. Development Contact. Prior to commencing grading or the installation of any required improvements and prior to approval of the final plat, the developer shall enter into a written development contract with the city requiring the developer to furnish, construct, and complete said grading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the contract shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat and provide for the proper execution, recording or other action required. Approval of the development contract shall be by City Council resolution.
1. For a project involving a phasing plan, the initial development contract shall allow for grading, wetland mitigation, and installation of storm water management facilities on the entire site included in the approved preliminary plat. Such work may begin after approval of the preliminary plat but only after approval, execution, and recording of the development contract and payment of financial securities. Such work must comply with the approved grading plan.
2. The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and storm water facilities shall not begin until approval of a final plat. Each subsequent phase shall require a separate development contract for improvements beyond those covered in previous contracts. Improvements in each phase shall not begin until the final plat for that phase is approved and the development contract for the phase is approved, executed, and recorded.
3. The initial development contract (for grading) may address construction of streets and facilities for sanitary sewer and water for the first phase and list the financial securities and other requirements. However, the contract shall stipulate that the work on these improvements shall not begin until approval of the final plat for the first phase and the provision of all financial securities by the developer.
4. Each approved and executed development contract shall be recorded. Each contract shall require that it is to be binding upon the developer, his, her, or their heirs, personal representative, and assigns. It shall stipulate that:
a. All improvements called for in the plat, or in any supplementary contracts, must be complete within the time specified by the city; and
b. No private construction shall be conducted on any lots in the plat or filing of applications for building permits for said construction on said lots, until all improvements required under the city regulations for the proposed subdivision have been made or arranged in a manner provided for in this section.
5. The development contract shall include provisions for construction work inspection by the city and assurance that the developer will conform with current testing requirements and quality control procedures of the city. The developer shall provide documentation from a qualified testing laboratory and/or registered professional engineer that all improvements have been constructed in accordance with the requirements of the approved plans and specifications.
6. The development contract shall require the developer to provide a certification from a registered land surveyor or engineer that the land included in the plat has been graded in conformance with the approved grading plan prior to the issuance of building permits.
7. The development contract shall require the developer to provide a financial security in the amount of 125% of the engineer’s estimate and ensure payment of fees related to the subdivision.
8. A time schedule for completion of the work shall be determined by the city upon recommendation of the City Engineer after consultation with the developer and shall be reasonable in relation to the work to be done, the seasons of the year, and proper coordination with construction activity in the subdivision.
9. The development contract shall include action remedies in the event of default, including:
a. The city may complete the improvements by contract or force and obtain reimbursement of its costs from the posted security deposit; and
b. The city reserves the right to withhold building permits for violation of any terms of the development contract.
10. The development contract shall require, when a plat includes an area of 100 year flood, as indicated on the flood insurance rate map of the Federal Emergency Management Agency (FEMA), an application for a letter of map amendment (LOMA) or letter of map revision (LOMR) shall be submitted to FEMA, and a copy furnished to the city, prior to the issuance of any building permits in the platted area. The development contract may include financial security to ensure the preparation of the FEMA application.
Subd. 3. The city reserves the right to install all or any part of the improvements required under the provisions of this chapter pursuant to M.S. Chapter 429, as it may be amended from time to time, and no applicant, developer, owner, or subdivider shall install any such improvement unless otherwise authorized to do so by the city.