(A) Generally. The following improvements shall be complied with and provided in accordance with city standards and approval and as provided within the plat agreement as indicated in division (C) below.
(B) Improvements. All improvements identified below and as included within the subdivision agreement shall be installed at the expense of the subdivider according to standards and specifications approved by the City Council.
(1) The full width of all street rights-of-way and utility easements as approved on the final plat will be finished at rough grade, that is, no more than six inches from the finished grade.
(2) Sanitary sewer, water and drainage facilities, and electric telephone and gas service lines shall be installed as required by the subdivision agreement. When extension of trunk lines to the site are necessary, it is the option of the city to participate in the financing of such improvements. Where city water and sewer facilities are not available for extension into the subdivision, the City Council may permit the use of individual water and sewer systems in accordance with appropriate state and city laws, ordinances and regulations.
(3) Where necessary, all streets shall be curbed, guttered and paved as required by the subdivision agreement. The city may delay street paving if city water, sewer or storm sewer facilities are not available but are anticipated in the foreseeable future. If street paving is not required, all street rights-of-way shall be finished at final grade.
(4) Where feasible, all utility service lines shall be placed underground within easements or dedicated rights-of-way. All drainage and other utility installations which traverse privately owned property shall be protected by proper easements and/or legal agreements.
(C) Subdivision agreement. Prior to the approval of the final plat by the City Council, the owner or subdivider of the land covered by the plat shall execute and submit to the City Council an agreement, binding on his, her or their heirs, personal representatives and assigns, including:
(1) A provision that no private construction will be made on the plat or no building permit shall be filed for such construction until all improvements required under this chapter have been completed in a manner approved by the City Council;
(2) A listing or schedule of when and what improvements shall be required as recommended by the Planning Commission and approved by the City Council;
(3) A certification by the City Clerk- Administrator or the City Engineer that the improvements, agreements, and documents meet the minimum requirements of all applicable ordinances; and
(4) A provision containing all conditions, if any, imposed by the City Council upon approval of the final plat.
(D) Optional financing of improvements. The City Council may choose to provide public financing to projects which are determined to serve a public benefit to the city.
(1) Residential developments.
(a) The total cost of improvements shall be assessed in equal annual installments over a period not to exceed ten years. After the balance of principal of assessments is equal to or less than the amount of the security agreement, the security agreement can be reduced as assessments are paid thereafter at the rate or $1 for each $1 paid.
(b) In addition, the city may reduce the amount of the security agreement against each lot upon which a building has been constructed, the lot sold, and the outstanding assessments against the lot assumed by the buyer; provided, however, that, no principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.
(2) Non-residential developments.
(a) The total cost of the improvements shall be assessed in equal annual installments over a period not to exceed ten years. After the balance of principal of assessments is equal to or less than the amount of the security agreement, the security agreement can be reduced as assessments are paid at the rate of $1 for each $1 paid. In addition, the city may reduce the amount of the security agreement by 100% of the unpaid principal of assessments against each lot upon which a building has been constructed and a certificate of occupancy issued; provided that, no reduction shall be granted until such time as the outstanding principal of assessments together with penalties and interest is equal to or less than the amount of the security agreement.
(b) In the event the subdivider fails to pay any installment of special assessments, the city, at its option, in addition to its rights and remedies hereunder, may declare all of the unpaid special assessments levied pursuant to this agreement due and payable in full immediately and may commence legal action against the subdivider to collect the entire unpaid balance, including reasonable attorney’s fees. The subdivider shall be personally liable for such special assessments.
(Prior Code, § 154.34) (Ord. passed 6-6-1978)