A. Requirement to Install and Complete Improvements: The improvements required in Subsection B below shall be constructed and installed by the subdivider prior to the final approval of the final Subdivision Plat. In advance of the completion or installation of such improvements, the subdivider shall provide acceptable assurance to secure to the City the actual construction or installation of the improvements within such period as shall be determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer based on considerations of public safety. Any required assurance shall be in an amount adequate to cover the cost of constructing or installing the required improvements as determined by the City Engineer, Stormwater Enterprise Manager, or Colorado Springs Utilities Chief Executive Officer.
B. Required Improvements: The following improvements shall be provided by the subdivider:
1. Street Improvements and Streetlights: The subdivider shall pay for the installation and construction of all required street improvements, pursuant to Section 7.4.304 (Street Improvements), the Code of Ordinances, and the regulations of Colorado Springs Utilities related to required easements in streets. In addition, the subdivider shall pay for costs associated with the installation and construction of all necessary streetlights as required by Colorado Springs Utilities regulations and this Code regarding the installation of streetlights. Required streetlights are included in the term street improvements.
2. Electric, Gas, Water, Wastewater, and Stormwater Systems: The subdivider shall pay for the design, installation, and construction of all the required electric, gas, water, wastewater, and stormwater systems necessary to serve the development in compliance with this UDC, this Code, the most recent version of the Colorado Springs Utilities Gas, Electric, Water and Wastewater Line Extension and Service Standard, the Engineering Criteria, and the rules and regulations of Colorado Springs Utilities and the Stormwater Enterprise. The Sections of the Code of Ordinances and this UDC regulating the installation and extension of water and wastewater lines are as follows:
a. Wastewater, Water Lines, When May Be Laid: Chapter 12, Article 5 of this Code.
b. Wastewater Permits And Connection Charges: Chapter 12, Article 5 of this Code.
c. Taps, Service Lines And Use Of Water: Chapter 12, Article 4 of this Code.
d. Stormwater Improvements: As required under Section 7.4.701 (Stormwater Requirements).
e. Application for Gas & Electric Line Extension: Colorado Springs Utilities Electric Line Extension & Service Standards.
3. Right-of-way and Public Utility/Drainage Easements Stabilization: Stabilization of land within the right-of-way or within any public utility/drainage easement is required to the extent deemed necessary by the City Engineer and consistent with any requirements of the zone district, this UDC, and the Engineering Criteria. Prior to the final acceptance of any improvements within the right-of-way or public utility/drainage easement, the City Engineer and Stormwater Enterprise Manager shall be satisfied that no existing or potential erosion problems exist within the right-of-way, public utility/drainage easement, or on land adjacent to such right-of-way or easement that could affect the stability of the right-of-way. The subdivider shall guarantee such right-of-way and easement stabilization for a period of two (2) years from the date of probationary acceptance, and shall provide assurance acceptable to the City in an amount equal to ten (10) percent of the cost of the work as part of such guarantee. For channel improvements, the assurance will remain at one hundred (100) percent of the cost of the work during the two (2) year period following probationary acceptance. During the two (2) year warranty period, once the subdivider has achieved final acceptance, the continued maintenance of the area shall be the responsibility of the owners of the property within easements and adjacent to the right-of-way or as outlined in separate maintenance agreements acceptable to the City.
4. Permanent Survey Monuments, Range Points and Lot Pins: As required by State law.
C. Undergrounding of Utilities: Telephone lines, electric lines up to thirty-five thousand (35,000) volts, and other similar utility services shall be placed underground. Transformer, switching boxes, terminal boxes, meter cabinets, pedestals, ducts, and other facilities necessarily appurtenant to such underground utilities may be placed aboveground. The provisions of this Subsection 7.4.303C (Undergrounding of Utilities) shall not apply to existing facilities or to any Preliminary, Preliminary and Final, or Final Plat that was approved by the Planning Commission prior to March 25, 1996.
D. Approval of Septic Tanks: In areas where public wastewater systems are not accessible, individual wastewater disposal systems may be installed only after the approval of the Colorado Springs Utilities Chief Executive Officer in accord with this Part 7.4.3 (Subdivision Standards).
E. Time Delay for Installation of Public Improvements:
1. Subdividers who desire to delay the installation of public improvements required by this Section 7.4.303 shall submit to the City Engineer, a request for a time delay of the installation of public improvements. The City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall review and either approve or disapprove the request based on considerations of public safety and limiting financial risks to the City.
2. If the request is approved, the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, shall require the subdivider to execute an agreement for the delay of installation of public improvements, and such agreement shall be recorded.
3. If the request is denied, the subdivider may appeal to the Planning Commission in the same manner as a request for a waiver for the installation of public improvements pursuant to Section 7.5.524 (Administrative Adjustment) The Planning Commission shall treat such appeal as a request for action on a request for time delay for the installation of public improvements not as a request for a waiver for the installations of public improvements.
F. Actual Construction of Improvements: No construction of subdivision improvements shall be started until the improvement plan for the entire area covered by the Final Plat has been approved by the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate. After the improvement plans have been filed, and the approval of the City Engineer, with concurrence from the Colorado Springs Utilities Chief Executive Officer and Stormwater Enterprise Manager as appropriate, has been obtained, the subdivider shall construct the required improvements subject to obtaining the required permits from the City Engineer and Colorado Springs Utilities (for wastewater and water systems).
G. Acceptance of Improvements: All required subdivision improvements, as specified in this Section 7.4.303 and other applicable City ordinances and regulations, shall be fully constructed by the subdivider and approved by the City Engineer, Stormwater Enterprise Manager, and Colorado Springs Utilities Chief Executive Officer, and a written notice of approval shall be transmitted to the subdivider. The approval of the improvements by the City shall be contingent upon the subdivider guaranteeing and being responsible for any defects of the improvements for a two (2) year period after written acceptance by the City, pursuant to Section 7.4.306 (Assurances and Guarantees for Public Improvements). (Ord. 23-03)