(A) Required public improvements. All improvements required by this chapter shall be constructed in accordance with city design standards and the plan requirements of this chapter. The following improvements shall be constructed at the expense of the developer:
(1) Site grading, road grading and surfacing;
(2) Erosion control and related appurtenances to meet local Watershed District permitting requirements;
(3) Concrete curbs and gutters;
(4) Pedestrian sidewalks or trails, if required;
(5) Sanitary wastewater facilities;
(6) Water distribution facilities;
(7) Storm water drainage facilities;
(8) Street signs and pavement markings;
(9) Streetlights;
(10) Private utility services and utility relocation if required;
(11) Permanent reference monuments and monument boxes;
(12) Landscaping and screening;
(13) Site restoration;
(14) Sealcoat on public roads on a schedule determined by the city;
(15) Other improvements specified by an approved PUD; and
(16) Other public improvements as may be required by the City Council.
(B) Payment for installation of public improvements. The required improvements are to be furnished and installed at the sole expense of the developer. Further, if any improvement installed within the subdivision will be of substantial benefit to properties beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement to be assessed against the benefitting property. The developer will be required to pay for the portion of the whole cost of the improvement that will represent the benefit to the property within the subdivision. If other properties other than that owned by the developer are to be assessed, the city can elect to construct the required improvements and specially assess the developer and other benefited properties pursuant to M.S. Ch. 429.
(C) Infrastructure design.Public infrastructure and utilities shall be designed by the City Engineer unless the City Administrator approves the design of such public utilities and infrastructure by a qualified licensed engineer selected by the developer, in which case the developer shall use a licensed engineer that meets all of the following requirements. The engineer or engineering firm shall:
(1) Have at least one employee who is a registered professional civil engineer licensed to work in the State of Minnesota with a minimum of 10 years of experience in municipal infrastructure projects;
(2) Employ on a full-time basis, or through the use of subconsultant(s), 1 Professional Civil Engineer registered in the State of Minnesota with a minimum of 5 years of experience in each of the following project categories: local roadway systems, sanitary sewer collection systems, water distribution systems, and storm sewer systems. One professional civil engineer may be used for all of the listed project categories if qualified; and
(3) Possess an errors and omission insurance policy with a minimum of $1,500,000 in liability coverage.
(D) Survey by a registered surveyor. The surveyor must be registered to work in the state of Minnesota and have a minimum of five years of experience. The surveyor must possess an errors and omission insurance policy with a minimum of $100,000 in liability coverage. The registered surveyor is required for plat work, legal survey, and installation of monuments. A registered surveyor is not required to conduct construction staking.
(E) Developer’s agreement providing for the installation of improvements. Prior to the installation of any required improvements and prior to approval of the final plat, the developer must enter into a development agreement requiring the developer to pay for the design, surveying, construction, installation, testing, and inspection of all of the public improvements required by the city in conjunction with the development. Such public improvements shall be installed by the developer at the developer’s sole expense unless the City Council otherwise approves, in writing, having the city construct such improvements at the cost of the developer. The developer shall furnish and construct the improvements at their sole cost and in accordance with city specifications. When applicable, the development agreement shall contain language specifying preconstruction requirements, the content of materials & shop drawings that must be submitted for review and approval, contractor insurances, bond requirements for performance and payment, and contract requirements with contractors with regards to EJCDC/Special Provisions. The developer shall be responsible for obtaining all required permits from all other regulatory entities, including but not limited to the applicable watershed district. No developer is permitted to start work on any subdivision without special approval of the City Council if the developer has previously defaulted on work.
(F) Financial guaranty.
(1) The developer shall furnish to the city an irrevocable letter of credit (“Financial Guaranty”) equal to 125% of the total estimated cost of the public improvements. The financial guaranty shall be for the exclusive use and benefit of the city and, if in the form of a letter of credit, shall state thereon that the same is issued to guarantee and assure performance by the developer of all the terms and conditions of the required development agreement and construction of the required public improvements in accordance with the ordinances and specifications of the city. The city shall be entitled to reimburse itself out of the deposit for any cost and expense incurred by the city for completion of the work in case of default of the developer under the contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in the deposit shall be refunded to the developer.
(2) Concurrently with furnishing to the city the irrevocable letter of credit to ensure the construction of public improvements, the developer shall furnish to the city a cash escrow to be held by the city as partial security for the payment of inspection, administrative, legal, public works department, and engineering costs (collectively, the “city costs”) incurred by the city during the development review process prior to the public dedication of public improvements and during the warranty period of the improvements. The city reserves the right to draw, in whole or in part, on any portion of the cash deposit to recover city costs related to the project. In the event the escrow is depleted, the developer agrees to post additional sums of money to replenish the escrow and to cover projected city costs. Upon completion of the work and termination of any liability, the balance remaining in the escrow shall be refunded to the developer.
(G) Construction plan design process, required inspection. The preliminary survey and construction staking outside the right-of-way shall be conducted by the developer, who is responsible for all costs associated with the activities. Construction staking of public streets and public utilities shall be provided by the City Engineer at developer’s expense. The developer is also responsible for the cost of surveying and all inspections.
(1) Construction plans for the required improvements conforming in all respects with the requirements of this chapter shall be prepared at the developer’s expense by the City Engineer or a qualified engineer if authorized by the City Administrator. Public improvement construction plans must be prepared by the City Engineer for approval and for an estimate of the total costs of the required improvementsexcept as otherwise permitted by the City Council. Upon approval of the plans, an electronic copy of the plans must be furnished to the city.
(2) All required improvements on the site that are to be installed under the provisions of this chapter must be inspected by the City Engineer during the course of construction at the developer’s expense. Construction not inspected will not be accepted for public ownership.
(3) Upon completion of the improvements and prior to public dedication, the developer is responsible for the cost of quality control and materials testing as required by the project including but not limited to, compaction testing, concrete testing, bituminous testing, sand/gravel testing, testing all developer-installed utilities, and related appurtenances material testing requirements. Prior to the public dedication of required improvements the developer shall submit as-built plans of the public infrastructure. The developer shall be responsible for the cost of the preparation of the as-built plans. The City Engineer shall perform final inspection of the public improvements.
(H) Dedication of public improvements. Acceptance by the city is subject to the City Engineer’s certificate of compliance with the approved plans. Upon approval, the developer must provide as-built drawings of the public improvements to the city that are in compliance with city requirements. The developer must conduct a post-construction survey and submit record drawings and electronic files verifying all grading, utility installations with location by GPS coordinates and elevation information.
(I) Trunk facilities. Where larger size water main, sanitary sewer, storm drain, or similar facilities are required to serve areas outside the subdivision, the city may require that the larger facility required be constructed. A cost estimate for oversizing the trunk facility will be determined by the City Engineer and the oversizing cost subtracted from the applicable utility area charge.
(J) Alternate installation and incomplete improvements. The City Council may elect to install any or all of the required public improvements pursuant to the development agreement with the developer. The City Council may also elect to commence assessment proceedings, utilize funds of the financial guaranty, or otherwise move to finance and install improvements when the improvements are required in order to provide greater assurance of public health, ensure reliability of water supply, provide for economy of installation, provide more effective firefighting through hydrants, or otherwise protect the public health, safety, convenience, and general welfare.
(K) Developer guaranty. The developer shall warrant and guarantee the improvements against any defect in materials or workmanship for a period of 2 years following completion and acceptance. The developer is responsible for the cost of warranty inspections. In the event of the discovery of any defect in materials or workmanship within the 2-year period, the defect shall be promptly repaired or corrected, and the warranty and guarantee for the entire project shall be extended for 1 additional year beyond the original 2-year period. Defects in material or workmanship shall be determined by the City Engineer.
(Ord. 647, passed 9-14-2015; Ord. 686, passed 2-25-2019)