(A) General.
(1) Approval.
(a) Before a final plat may be approved by the Council, the owner shall execute and submit to the Council an agreement, which shall be binding on his or her (or their) heirs, personal representatives and assigns, that he or she shall cause no private construction on the land, except with approval of the City Engineer, until all improvements required under this chapter have been petitioned for, arranged for or have been constructed.
(b) No final plat shall be approved by the Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein will meet the minimum requirements of all applicable ordinances.
(c) A certified copy of the plat restrictions shall be filed with the City Administrator and Register of Deeds which shall include a provision that, in all instruments of sale or conveyance given before all street improvements have been made, the consignee shall agree to and approve the improvements and the assessments of their cost.
(2) City financing. Upon recommendation of the Engineer and with the approval of the Council, any or all of the required improvements may be financed and assessed by the city pursuant to M.S. Ch. 429, as it may be amended from time to time. Length of assessment period and rate of interest shall be as determined by the Council.
(3) Financing by developer. If deemed advisable and to be in the best interests of the city, the Council may require the developer to finance and pay for any or all improvements. Prior to the making of the required improvements, the owner or subdivider shall deposit with the City Administrator an amount equal to the City Engineer’s estimated cost of any or all of improvements which are to be financed by the developer, either in cash or an indemnity bond, with sureties to the satisfaction of the Council, conditioned upon the payment of all construction costs incurred by the city in making of the improvements and all expense incurred by the city for engineering and legal fees and other expense in connection with the making of the improvements as required by ordinance. All improvements shall be contracted through the city.
(B) Improvements. The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the City Engineer.
(1) City obligation. The city will construct, furnish and install at city expense, the following improvements according to city specifications. Furnishing of these improvements shall be commensurate with available city funds for the work and according to programs and priorities as established by the Council. If the developer would desire any of these improvements sooner than the city would be able to furnish them, then the costs of the following improvements shall be paid for by the developer.
(a) Street lighting. Street lighting shall be constructed by the city, preferably after curb and gutter have been installed. If additional or other type of lighting is desired by the developer, he or she shall pay the increased cost thereof.
(b) Signs. Street name signs and traffic-control signs shall be installed by the city.
(2) Obligation of developer. The developer shall pay the proportionate amount of the following improvements on or for his or her subdivision or development. Financing shall be according to division (A) above.
(a) Site grading. Necessary site grading shall be accomplished by the subdivider.
(b) Street grading. Street grading for the full width of right-of-way shall be accomplished by the subdivider. If no site grading is to be accomplished, the street grading will be included with subsequent street improvements. Street grading shall precede any underground work. Where street grading is not to be immediately followed by street paving, the developer may be required to provide permanent grade markers at the right-of-way line of all streets of a standard approved by the City Engineer.
(c) Street improvements. Street improvements including base, curb and gutter, boulevard sodding, inlets and leads, and paving, according to standard city specifications or as approved by the City Engineer, shall be constructed. All required underground work shall have preceded any permanent street improvements. Any improvements on a county road shall be approved by the County Engineer. Temporary construction may, at the discretion of the City Engineer, be required, for just cause, or any street, streets or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereon, shall be subject to the approval of the City Engineer. All costs therein incurred, for either temporary access or reconstruction, shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the City Engineer.
(d) Sanitary sewer. Where city sewer is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. The cost of any required pumping stations, deemed necessary by the Engineer, shall be assessed against the benefitting property. Where it is neither practical, nor economical, for the city to extend city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of city sewer in the installations. The information shall be recorded on the plat and in each deed so affected.
(e) Storm sewer.
1. Where city storm sewer is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. Connection shall be made at the boundary of the subdivision, if available, or to some other approved discharge outlet. The developer shall secure or provide the necessary easements or discharge permits.
2. This requirement shall not prevent the city from acquiring necessary easements by eminent domain.
3. Any costs for the easements shall be borne by the developer.
(f) Water main. Where city water is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. Main sizing shall be by the city. All required hydrants and valves are to be included in the construction. Where it is neither practical, nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications.
(g) Trees. Boulevard trees, if desired, shall be installed by the owner or developer in accordance with city standards.
(h) Sidewalks. Where sidewalks are deemed to be necessary by the Planning Commission and Council, they shall be constructed according to city specifications.
(2002 Code, § 7.78) (Ord. 325, effective 12-11-1965; Ord. 25, Fourth Series, effective 12-15-1991) Penalty, see § 154.999