(A) Prior to commencing grading or the installation of any required improvements and prior to approval of the final plat, the developer shall enter into a written development contract with the city requiring the developer to furnish, construct, and complete said grading and improvements in accordance with plans and specifications and usual agreement conditions and/or pay appropriate costs for improvements or other costs associated with the plat. Further, the contract shall provide for the development of any restrictions, covenants, easements, signage, park or open space requirements, or other conditions of the approved preliminary plat, and provide for proper execution, recording, and other action required. Approval of the development contract shall be by City Council resolution.
(B) For a project involving a phasing plan, the initial development contract shall allow for grading, wetland mitigation, and installation of storm water management facilities on the entire site included in the approved preliminary plat. Such work may begin after approval of the preliminary plat but only after approval, execution, and recording of the development contract and payment of financial securities. Such work shall comply with the approved grading plan.
(C) The construction of streets, facilities for sanitary sewer and water, and other improvements beyond grading, wetland, and storm water facilities shall not begin until approval of a final plat. Each subsequent phase shall require a separate development contract for improvements beyond those covered in previous contracts. Improvements in each phase shall not begin until the final plat for that phase is approved and the development contract for the phase is approved, executed, and recorded.
(D) The initial development contract (for grading) may address construction of streets and facilities for sanitary sewer and water for the first phase and list the financial securities and other requirements. However, the contract shall stipulate that the work on these improvements shall not begin until approval of the final plat for the first phase and the provision of all financial securities by the developer.
(1) Each approved and executed development contract shall be recorded. Each contract shall state that it is binding upon the developer, his/hers or their heirs, personal representative, and assigns. It shall stipulate that:
(a) All improvements called for in the plat, or in any supplementary contracts, shall be complete within the time specified by the city; and
(b) No private construction shall be conducted on any lots in the plat or filing of applications for building permits for construction on said lots, until all improvements required under city regulations for the proposed subdivision have been made or arranged in a manner provided for in this section.
(2) The development contract shall include provisions for construction work inspection by the city and assurance that the developer will conform with current testing requirements and quality control procedures of the city. The developer shall provide documentation from a qualified testing laboratory and/or registered professional engineer that all improvements have been constructed in accordance with the requirements of the approved plans and specifications.
(3) The development contract shall require the developer to provide a certification from a land surveyor or engineer that the land included in the plat has been graded in conformance with the approved grading plan prior to the issuance of building permits.
(4) The development contract shall require the developer to provide a financial security to ensure payment of fees related to the subdivision and completion of all improvements.
(5) A time schedule for completion of the work shall be determined by the city upon recommendation of the City Engineer after consultation with the developer and shall be reasonable in relation to the work to be done, the seasons of the year, and proper coordination with construction activity in the subdivision.
(6) The development contract shall include action remedies in the event of default including:
(a) The city may complete the improvements by contract or force and obtain reimbursement of its costs from the posted security deposit; and
(b) The city reserves the right to withhold building permits for violation of any terms of the development contract.
(Ord. 582, passed 8-26-2019) Penalty, see § 152.999