(A) Purpose. It is the purpose of this section to ensure that a subdivider follows the conditions of approval and properly installs the basic improvements required in a plat. Whenever a subdivision includes any public improvements or whenever a major subdivision includes other conditions of approval, the subdivider shall enter into a development agreement with the city, setting forth the conditions under which the subdivision is approved.
(B) Required improvements.
(1) Basic improvements. As required by the approval, and any conditions therein, all of the following required improvements to be installed under the provisions of this section shall be designed and constructed in accordance with the design standards of this chapter and approved by and subject to the inspection of the City Engineer prior to approval:
(a) Streets;
(b) Sanitary sewer;
(c) Watermain;
(d) Surface water facilities (pipes, ponds, rain gardens and similar improvements);
(e) Grading and erosion control;
(f) Sidewalks/trails;
(g) Street lighting;
(h) Street signs and traffic control signs;
(i) Wetland mitigation; and
(j) Monuments required by Minnesota State Statutes.
(2) Other improvements. The subdivider shall arrange for the installation of private utilities including, but not limited to, telecommunications cabling, electrical and natural gas service following the backfilling of the curb and gutter.
(C) Installation of basic improvements.
(1) The subdivider shall arrange for the installation of all required improvements in the development subject to the development agreement.
(a) All of the city's expenses incurred as the result of the required improvements shall be paid to the city by the subdivider including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of the development agreement, review of construction plans and documents, and all costs and expenses incurred by the city in monitoring and inspecting fulfillment of the development agreement.
(b) The subdivider shall reimburse the city for costs incurred in the enforcement of the development agreement, including engineering and attorneys' fees.
(2) The City Council reserves the right to, in its sole discretion, elect to install all or any part of the basic improvements required under the provisions of this section and assess the costs to the benefitting property owners pursuant to M.S. Ch. 429, as may be amended from time to time.
(3) Unless separate written approval has been given by the city as provided for in § 153.098(C)(2), within the plat or land to be platted, the subdivider may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements or any buildings within the plat or land to be platted until all the following conditions have been satisfied:
(a) The development agreement has been fully executed by both parties and filed with the City Clerk;
(b) The necessary security has been received by the city;
(c) The plat has been filed with the county recorder's office;
(d) The construction plans have been approved and signed by the City Engineer; and
(e) The city has issued a letter that all conditions have been satisfied and that the subdivider may proceed.
(4) The improvements shall be installed in accordance with this chapter, city standard specifications for utilities and street construction and the city's engineering standard specifications.
(a) The subdivider shall submit plans and specifications that have been prepared by a registered professional engineer to the city for approval by the City Engineer.
(b) The city shall, at the subdivider's expense, provide all on-site inspection and soil testing to certify that the construction work meets the city's standards and approved plans.
(5) All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications.
(a) No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer.
(b) The subdivider shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of the development agreement, for which reimbursement is expected from the city, unless such work is first ordered in writing by the City Engineer as provided in the specifications.
(D) Time of performance.
(1) The subdivider shall complete all required basic improvements no later than one year following the commencement of work on the improvements, except:
(a) Where weather precludes completion;
(b) For street lighting; and
(c) For the wearing course of streets.
(2) Where weather precludes completion, the timeline for completion of the improvements may be extended an additional six months upon approval in writing of the Zoning Administrator.
(3) The subdivider shall complete street lighting within two years following the initial commencement of work on the required basic improvements.
(4) Neither curb and gutter nor bituminous pavement shall be installed between November 15 and April 15. The final wear course on streets shall be installed between May 15 and October 1 the first summer after the base layer of asphalt has been in place one freeze thaw cycle. Any deficiencies in the base asphalt, curb or other improvements must be repaired by the subdivider at its own cost prior to final paving. The subdivider may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the subdivider to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer.
(Ord. 879, passed 10-28-2020)