(a) Purpose. The planning principles and construction standards herein shall be applied with professional skill and shall take advantage of the natural features of the site in order to utilize the natural surface drainage, to economize the construction of sewers, to reduce the amount of grading and to minimize destruction of trees and topsoil.
(b) Submission Requirements. The subdivider shall submit complete construction drawings and specifications of the improvements authorized in the approval of the preliminary plat.
(1) The construction drawings and specifications shall be prepared by a registered engineer and shall include typical cross-sections, elevations, plans and profile views, construction details, specifications for all required improvements, and estimates of quantities in accordance with this Chapter.
(2) If new roads are to be constructed in the subdivision, a plan and profile of each road shall be submitted and approved prior to any initial construction. Minimum scale to be used: horizontal, 1"=50'; vertical, 1"=50'.
(3) All typical sections and major engineering details to be used on any particular street shall be approved in advance by the City Engineer before completion of the plans.
(c) Approval Procedures.
(1) Certification by City Engineer.
A. The approval of the drawings and specifications for the required improvements shall be indicated by a certification to that effect on the original drawings and specifications by the City Engineer.
B. The City Engineer shall certify the developer has completed all required improvements or posted financial guarantees in sufficient amount to ensure completion and maintenance of all required improvements as required in this Chapter.
(2) Council Action. The subdivider shall offer for dedication to public use, without compensation, all storm and sanitary sewers, water systems, streets, sidewalks, street lighting and facilities and appurtenances thereto, unless the improvement is otherwise permitted by the Planning Commission to remain under private ownership. This dedication shall be accepted by the Council prior to recording of the final plat.
(3) Prior to recording of the final plat. The subdivider shall install the required improvements or furnish a financial guarantee for such installation as required in this Chapter.
(4) City Attorney. Approval of the financial guarantees shall be indicated by certification to that effect on the original drawings and specifications with the signature of the City Attorney.
(d) Financial Guarantees. The developer or subdivider shall furnish the financial guarantees required below:
(1) Types of Guarantees. The developer shall execute financial guarantees and shall file such financial guarantees according to this Section. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by the City.
(2) Terms. The terms of such guarantees shall be approved by the City Attorney with confirmation by Council. Bonds shall be executed by the applicant as principal with a surety company authorized in the State.
(3) Performance Guarantee. When the required improvements are not completed prior to approval of the final plat, the subdivider shall insure their completion with a performance guarantee. The performance guarantee shall be in an amount equal to the estimated total costs of materials and labor required to install or construct the improvements. Such costs shall be determined by the City Engineer. When any portion of the improvements has, upon inspection, been found satisfactorily completed, a reduction in the bonds or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized.
A. If the subdivider fails to complete the required public improvements within such time set by the City Engineer, City Council may proceed to have such work completed and reimburse itself for the cost thereof by appropriating the performance guarantee.
(4) Maintenance Guarantee. The developer shall guarantee the construction and materials of the street and public utility improvements for a one-year period from the date of acceptance by the City with a maintenance bond equal to ten percent (10%) of the construction cost of the improvements. Improvements shall include streets, sidewalks, pavements and facilities appurtenant thereto, and storm and sanitary sewers, water systems, street lighting systems and facilities appurtenant thereto. If the subdivider does not comply with the minimum improvement requirements, he or she shall reinstall the improvements to conform to these subdivision regulations.
(5) Title Insurance. The subdivider shall furnish title insurance in the amount determined by the City Attorney, covering the lands to be dedicated as indicated in the final plat and showing the title to such dedicated lands good in the name of the City when the final plat is filed for record.
(6) Liability Insurance. The subdivider shall furnish such insurance as is deemed necessary by Council which shall indemnify and save harmless the City from any and all liability arising from or related to the construction or installation of any improvements in the subdivision. The insurance shall be of such duration as determined by Council, but shall in no case be allowed to expire earlier than the effective period of any maintenance bond. A copy of the insurance policy shall remain, at all times, with the City Clerk.
(7) Staged Development. The developer may apply for final approval and recording of only a portion of the entire subdivision or development, as outlined in Chapter 1131. Under such a staged development, the installation of required improvements and sale or lease of lots may proceed only on that portion of the subdivision which has been approved and recorded.
(e) Compliance to Specifications; Supervision by Officials; Inspection. The developer or subdivider shall design and construct improvements according to standards that are not less than the standards outlined in these subdivision regulations and as shown on the approved construction drawings and specifications.
(1) Supervision by Officials.
A. All improvements required herein shall be constructed in accordance with specific approval by the Director of Utilities, Wastewater Superintendent, Chief of the Fire Department, Street Commissioner, and the City Engineer.
B. In the event there is a vacancy in the department head position or for the reason of ill health the department head is unable to carry out his or her duties, the Mayor shall designate the individual to approve the specifications.
(2) The work shall be done under City supervision and inspection and shall be completed within the time set by the City Engineer.
A. In addition to the filing fee, the subdivider shall be charged a fee by the City Engineer for the cost of determinations and inspections of all improvements which fall under his or her jurisdiction. The amount of deposit and method of payment shall be as required by the City Engineer or his or her duly authorized representative in the checking of the subdivider's improvements.
B. In the event that a plat is disapproved by the Commission before any physical inspection has been made of the site, the Commission may, at its discretion order that the developer be refunded the unused portion of the fee.
(f) As-Built Documents. As part of the dedication of any street, utility, easement or any other improved real property, the subdivider shall submit to the City as-built documents indicating all improvements as put in place, with field notes and dimensions needed to record any variance from the design drawings. Such as-built documents shall be submitted in hard copy and electronic form.
(1) Hard copy shall be on reproducible mylar.
(2) Electronic copy shall be in a format approved by the City Engineer.
(Ord. 62-2023. Passed 1-16-24.)