(A) Subdivider’s responsibility. The subdivider is responsible for the cost and installation of the following improvements in the subdivision:
(1) Sanitary sewer mains and service, sufficient to serve all lots in the subdivision, stubbed to the property line;
(2) Streets graded and paved in accordance with specification provided by the City Engineer;
(3) Concrete curb and gutter;
(4) Sod in all boulevard strips;
(5) Storm sewers to provide a system of drainage that will adequately remove water run-off within the subdivision;
(6) Water mains and service connections, sufficient to serve all lots in the subdivision, stubbed to the property line;
(7) Sidewalks or trails at locations designated by the city;
(8)
Trees planted in the boulevard or immediately adjacent thereto. The trees shall be of a disease-resistant species approved by the city and appropriate to the boulevard areas, shall measure at least 2 inches in diameter as measured 1 foot off the ground and shall be at a minimum of 1 per lot. The trees shall be of at least 2 types of disease-resistant species and 1 species shall not exceed 50% of the total number of trees within the boulevard. The city prefers that trees be planted 4 to 5 feet from the back of the curb and a minimum of 50 feet from the curb of the intersection; in all events the planting locations shall comply with the provisions of the City Code governing trees and shrubs;
(9) Street signs and poles in accordance with city specifications;
(10) Decorative street lighting with underground wiring in accordance with the city specifications;
(11) Plans for final grading and plantings of appropriate ground cover on vacant lots may be required of the subdivider as a condition of city acceptance of the public improvements identified in this section;
(12) Telephone, electric, television cable and/or gas service lines are to be placed underground entirely. Conduits or cables shall be placed within easements or dedicated public ways, in such a manner so as not to conflict with other underground services. All drainage and other underground utility installation which traverse privately owned property shall be protected by easements. Where telephone, electric, and/or gas service lines are to be placed underground in dedicated public streets or alleys which are to receive concrete or bituminous surfacing, the service lines shall be installed prior to installation of the concrete or bituminous surfacing. The Public Utility may, at its option, defer installation of service lines provided it installs casings at proposed crossing locations prior to installation of the concrete or bituminous surfacing. All casings shall be buried with a minimum of 2 feet of cover, and shall extend to a point at least 4 feet beyond the edge of pavement or back of curb. Casing materials shall be approved by the city;
(13) Every buildable lot shall be identified by a sign that indicates the lot and block number and address, if available, which is approved by city staff prior to issuing any building permits. These signs can be removed as lots are developed;
(14) Entrance areas shall be improved with weed free sod or the area shall be controlled with hay bales or riprap to avoid erosion, as approved by the City Engineer. The planting of trees, the type and spacing on public property will be subject to the regulations of the City Council. No planting, gateways, entrances and similar improvements may be made on public property except with permission and approval of the Council.
(B) Monuments. No final plat shall be approved by the Council unless the owner or subdivider shall have placed or installed survey monuments of a permanent character at all points as shown on the final plat as required by the City Engineer and the County Surveyor. All United States, state, county or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position. If permitted by the County Surveyor, the subdivider may delay placement of permanent monuments until after final grading is complete. If the County Surveyor approves the subdivider’s request for such a delay, the subdivider shall place temporary metal monuments at all required points prior to final plat approval by the city.
(C) Participation of the city. The city may elect to install any, all, or none of the required improvements pursuant to a cash escrow agreement or other financial arrangement with the subdivider. The terms of these arrangements shall be specified in the subdivision contract.
(D) Subdivision contract. In order to effectuate the provisions of this chapter and before the final plat is signed by the city, the owner and subdivider shall enter into a subdivision contract with the city providing for the installation of the required improvements and shall pay all applicable fees and any required cash payment.
(1) Subdivider’s expense. The contract shall require the subdivider to furnish and construct the improvements at the subdivider’s sole cost and in accordance with plans and specifications prepared at the subdivider’s expense by a professional engineer who is registered in the State and who shall certify the plans. The plans and a listing of the quantities of construction items shall be submitted to the city Engineer for approval and for estimate of the total cost of the required improvements. Upon approval, the plans shall become a part of the required contract. The tracing of the plans approved by the Engineer, plus 2 prints, shall be furnished to the city.
(2) Inspection. All required improvements shall be inspected by the City Engineer during construction at the expense of the subdivider. The contract shall contain a provision for supervision of details of construction by the City Engineer and shall grant to the Engineer the authority to correlate the work to be done under the contract by any subcontractor authorized to proceed thereunder with any other work being done or contracted by the city in the vicinity.
(3) Schedule. The contract shall include the time schedule for completion of the work. The schedule shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the subdivision. In all cases installation of improvements shall be completed within 3 years unless an extension is granted by the city.
(4) Park. The contract shall contain provisions for the park dedication/cash payment.
(5) Financial guarantees. The contract shall require the subdivider to provide a financial guarantee to assure installation of all required improvements. On request of the subdivider, the contract may provide for completion of part or all of the improvements prior to acceptance of the plat. In such event the amount of the guarantee may be reduced by a sum equal to the estimated cost of the improvements that have been completed and accepted by the city. The financial guarantee required as part of the contract shall be one of the following:
(a) Escrow deposit. A cash escrow deposit may be made with the City Treasurer in a sum equal to 120% of the total cost, as estimated by the Engineer, of all the improvements to be furnished and installed by the subdivider pursuant to the contract. The total cost shall include costs of inspection by the city Engineer. The city shall be entitled to reimburse itself out of such deposit for any cost or expense incurred by the city for completion of the work in case of default of the subdivider under the contract and for any damages sustained on account of any breach thereof.
(b) Letter of credit. The subdivider may deposit with the city, from a bank or other reputable institution or individual subject to the approval of the city, a letter of credit which shall certify:
1. That the creditor does guarantee funds in an amount equal to 120% of the total cost, as estimated by the City Engineer, of completing all required improvements;
2. That the creditor, in the case of failure on the part of the subdivider to complete the specified improvements within the required time period, shall, upon written notification by the city, immediately and without further action pay to the city such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter.
3. That this letter of credit shall not be withdrawn, reduced in amount, revised or amended in its terms until approved by the Council.
(6) Other fees. Fees and charges, as well as expenses incurred by the city for engineering, planning, legal, and other services related to the processing of applications under this chapter shall be established by the Council and collected by the city Administrator for deposit in the city’s accounts. Fees shall be established for the processing of requests for platting, major and minor subdivisions, review of plans, and such other subdivision-related procedures as the Council may from time to time establish. The Council may also establish charges for public hearings, special meetings, or other such Council actions as are necessary to process applications. The fees, charges and estimated expenses (as well as a deposit or escrow, if so required by the City Administrator or designee) shall be collected prior to city action on any application. All such applications shall be accompanied by a written statement between the city and the applicant/landowner (when the applicant is not the same person or entity as the landowner, both the landowner and the applicant must sign the agreement) whereby the applicant/landowner agrees to pay all applicable fees, charges and expenses as set by Council resolution as provided above, and which allows the city to assess the above fees, charges and expenses against the landowner if such monies are not paid within 30 days after a bill is sent to the applicant/landowner. These fees shall be in addition to building permit fees, inspection fees, trunk water, trunk sanitary sewer, trunk storm water facility costs, zoning fees, charges, expenses and other such fees, charges and expenses currently required by the city or which may be established in the future.
(7) Landscape deposit. The city shall require the subdivider to deposit in escrow an amount per lot to assure that landscaping is completed satisfactorily. The city shall administer the landscaping deposit according to standard city procedures.
(Ord. 85, passed 4- -2005
; Am. Ord. 101, Second Series, passed 12-4-2006
)