(1) Prior to commencing grading, wetland mitigation or the installation of any required improvements, the developer shall enter into a written development agreement with the city requiring the developer to furnish, construct and complete the work 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 agreement 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 the proper execution, recording or other action required. Further, the agreement shall require that grading and other site work shall not commence until the issuance of a permit from the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable. Approval of the development agreement shall be by City Council resolution.
(2) At the city's discretion, an initial development agreement may be prepared to allow for grading, wetland mitigation and installation of stormwater management facilities on the entire site included in the approved preliminary plat. The work may begin after approval of the preliminary plat but only after approval and execution of the development agreement and submittal of financial securities for the work. The work must comply with the approved grading plan.
(3) The construction of streets, facilities for sanitary sewer and water and other improvements beyond grading, wetland and stormwater facilities shall not begin until approval of a final plat and shall only be installed in the area included in the approved final plat. Each project phase shall require a separate development agreement for improvements beyond those covered in previous agreements. Improvements in each phase shall not begin until the final plat for that phase is approved, and the development agreement for the phase is approved, executed and recorded and financial securities for the improvements have been posted with the city. If an initial development agreement for grading, wetland mitigation, and installation of stormwater management facilities is not approved, the work shall be included in the same agreement that covers the construction of streets, sanitary sewer, water and other improvements.
(4) The initial development agreement (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 agreement shall stipulate that the work on these improvements shall not begin until approval of the final plat for the land that includes those improvements and the provision of all financial securities by the developer.
(5) Each approved and executed development agreement shall be recorded against the property. Each agreement shall require that it is to be binding upon the developer, his, her or their heirs, personal representative and assigns. It shall stipulate that:
(a) All improvements called for in the plat, or in any supplementary agreements, must be complete within the time specified by the city;
(b) No private construction shall be conducted on any lots in the plat nor shall any building permits be issued for construction on the lots until all improvements required under the city regulations for the proposed subdivision have been made or arranged in a manner provided for in this section. The following division (5)(c) below provides an exception to this prohibition; and
(c) A building permit for one dwelling unit for every ten gross acres that is within the subdivision may be issued to be used as a model home after approval of the final plat. The right to obtain building permits shall be contingent upon the following:
1. Execution of a development contract with financial securities addressing the structure;
2. Construction shall be limited to maintain a maximum distance of 150 feet from the furthest exterior wall to an improved gravel street as per the State Fire Code. The developer may construct and maintain access in order to meet the requirements; and
3. Prior to release of the building permits, the builder shall enter into a separate agreement with the city which would not allow the building to be occupied after issuance of certificate of occupancy by anyone other than the builder for exhibiting the home for model purposes nor would they convey the property to any other third parties by any means until all of the public and private utilities have been installed to serve the building and accepted by the city.
(6) The development agreement 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.
(7) The development agreement shall require the developer to provide a certification from a registered 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.
(8) The development agreement shall require the developer to provide financial securities to ensure payment of fees related to the subdivision and completion of all improvements. The agreement shall also require that the financial securities shall be submitted to the city prior to the commencement of the work covered by the agreement.
(9) 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.
(10) The development agreement 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 agreement.
(11) The development agreement shall require, when a plat includes an area of 100-year flood, as indicated on the flood insurance rate map of the Federal Emergency Management Agency (FEMA), an application for a letter of map amendment (LOMA) or letter of map revision (LOMR) shall be submitted to FEMA, and a copy furnished to the city, prior to the issuance of any building permits in the platted area. The development agreement may include financial security to ensure the preparation of the FEMA application.
(Ord. 04-03, passed 2-24-2003; Am. Ord. 02-09, passed 2-23-2009.)