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(A) General provisions.
(1) Before a final plat is delivered by the City to the subdivider, the subdivider of the land covered by the plat shall pay all applicable fees and execute and submit to the Council a developer’s agreement which shall be binding on his or her or their heirs, personal representatives and assigns, a part of which agreement shall be set forth that the subdivider will cause no private construction to be made on the lands within the plat, nor shall the subdivider file or cause to be filed any application for building permits for the construction until all improvements required under this subchapter have been made or arranged for in the manner and conforming to the requirements as set forth herein, or as may be otherwise set forth in the developer’s agreement.
(2) Prior to the delivery of the approved final plat, the subdivider shall deposit with the City Clerk-Treasurer an amount equal to a minimum of 125% of the City Engineer’s estimated cost of the required improvements (including engineering, legal and fiscal costs) within the plat, either in a cash escrow fund, or acceptable letter of credit. The surety involved in the financial guarantees shall be approved by the City. The surety shall be conditioned upon:
(a) The making and installing of all of the improvements required by the terms and conditions set forth by the City within one year, or as otherwise set forth in the developer’s agreement;
(b) Satisfactory completion of the work and payment therefor, which work was undertaken by the subdivider in accordance with the developer’s agreement referred to above; and
(c) The payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include, but not be limited to, expenses for engineering, fiscal, legal, construction and administration. In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed as set forth in the development agreement, all amounts held under the surety agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements. If the funds available within the surety agreement are not sufficient to complete the required improvements, the necessary additional cost to the City shall be assessed against the subdivision. Any balance remaining in the surety fund after the improvements have been made and all expenses therefore have been paid, shall be returned to the subdivider. In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure as set forth for a cash escrow fund.
(3) No final plat shall be approved by the Council without first receiving a report signed by the City Engineer and the City Attorney certifying that the improvements described therein together with the agreements and documents required under this section, meet the requirements of the City. The City Clerk-Treasurer shall also certify that all fees required to be paid to the City in connection with the plat have been paid.
(4) The City shall, where appropriate, require of a subdivider submission of a warranty/ maintenance bond in the amount equal to the original cost of the improvements, which shall be in force for one year following the final acceptance of any required improvements, and shall guarantee satisfactory performance of the improvements.
(5) Reproducible “record drawings” as set forth in the City requirements for record drawings, and as required by the City Engineer, shall be furnished to the City by the subdivider for all required improvements. The “record drawings” shall be certified to be true and accurate by the licensed engineer responsible for the installation of the improvements.
(6) All of the required improvements to be installed under the provisions of this section shall be approved by and 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 either directly, indirectly or by reimbursement to the City by the subdivider.
(1) Official monuments, as designated and adopted by the County Surveyor’s office and approved by the County District Court for use as judicial boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor’s irons to be indicated, each angle point of the boundary perimeter to be so monumented.
(2) Pipes or steel rods shall be placed at each lot and at each intersection of street centerlines. All United States, state, county or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on the plat. No ditto marks will be permitted in indicating dimensions.
(3) (a) To ensure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be required.
(b) Proof of the second monumentation shall be in the form of a surveyor’s certificate and this requirement shall additionally be a condition of certificate of occupancy.
(C) Street improvements.
(1) The full width of the right-of-way shall be graded, in accordance with the provisions for construction as outlined in § 154.191 of this chapter.
(2) All streets shall be improved in accordance with the standards and specifications for street construction as established by the City.
(3) All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as established by the City. The portion of the right-of-way outside the area surfaced shall be sodded or otherwise surfaced by the developer if deemed necessary by the City Engineer.
(4) Where required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the Council.
(5) The grade and drainage requirements for each plat shall be reviewed and subject to the approval of the City Engineer at the expense of the applicant. Every plat presented for final signature shall be accompanied by a certificate of the City Engineer that the grade and drainage requirements have been met. In an area not having municipal storm sewer trunk, the applicant shall be responsible, before platting, to provide for a storm water disposal plan, without damage to properties outside the platted area and the storm water disposal plan shall be submitted to the City Engineer, who shall report to the Council on the feasibility of the plan presented. No plat shall be approved before an adequate storm water disposal plan is presented and approved by the City Engineer and Council. The use of dry wells for the purpose of storm water disposal is prohibited. In the event that there is not an approved overall storm water disposal plan, an escrow account on a per unit charge for future installation shall be established by the applicant and held by the City.
(6) All landscaping, to include trees and boulevard sodding, shall be planted in conformance with the landscaping plans, and the standards and specifications established by the City.
(7) Street and traffic-control signage of the design approved by City shall be installed at each street intersection, or as otherwise directed.
(8) Driveway approaches and sidewalks of a standard design, or pedestrian pathways as may be required by the Council shall be installed.
(9) Street lighting system and fixtures as may be required by the City, shall be installed.
(D) Sanitary sewer and water distribution improvements.
(1) Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the Council and subject to the approval of the City Engineer.
(2) Where City sewer and water facilities are not available for extension into proposed subdivision, the Council may permit the use of individual water and sewer systems in accordance with all appropriate state and local regulations.
(E) Public utilities. Telephone, cable, electric and/or gas service lines are to be placed underground in accordance with the provisions of all applicable City code provisions.
(F) Election by City to install improvements. In accordance with City policy, the City normally assumes the responsibility to install all required improvements; except that, the City reserves the right to allow or require the subdivider to install all or any part of the improvements required under the provisions of this subchapter, pursuant to M.S. Ch. 429, as it may be amended from time to time.
(G) Railroad crossings. No street dedications will be accepted which require a crossing of a railroad unless sufficient land as determined by the Council is dedicated to ensure safe sight distance conditions.
(Ord. passed 3-20-2002, § 30.15)