A. Improvement Listed And Described: Prior to the approval of a preliminary plat by the city council, the subdivider shall have agreed, in the manner set forth in this section, to install or pay for the installation, in conformity with construction plans approved by the public works director and in conformity with all applicable standards and ordinances of the city, the following improvements on the site:
1. Monuments: Monuments of a permanent character shall be placed in locations on the boundary of the subdivision and within it as required.
2. Street And Alley Improvement:
a. Grading: The full width of the right of way of each street and alley dedicated in the plat shall be graded.
b. Pavements: All streets and alleys shall have an adequate subbase and shall be improved with an all-weather, permanent surface.
3. Curb And Gutter: Permanent curb and gutter shall be installed.
4. Underground Utilities: All utilities, including, but not limited to, sanitary sewer, water, natural gas and electricity shall be placed underground.
5. Sidewalks And Pedestrianways: Permanent sidewalks and pedestrianways shall be installed when residential density becomes three (3) dwelling units per acre, or more, unless a variance is authorized.
6. Water Supply: Water mains shall be provided to serve the subdivision by extension of the existing city system. Service connections stubbed into the property line and all necessary fire hydrants shall also be provided.
7. Sewage Disposal: Sanitary sewer and service connections stubbed into the property line shall be provided to serve all the lots in the subdivision and shall be connected to the existing city sewer system, except that where connection to the city sewer system is not available in a street adjacent to or within the subdivision, the sewer system within the subdivision shall be installed and capped for future use. A variance to this requirement may be granted if the grades for such sewers to the existing sewer system cannot be provided.
8. Drainage: A system that will adequately take care of the water runoff within the subdivision shall be provided. If the city council, upon the recommendation of the public works director, determines that it is feasible for the subdivider to install storm sewers connected to the existing storm sewer system of the city within or adjacent to the subdivision, or an extension of the city system which will be extended to the boundary of the subdivision within eighteen (18) months of the filing of the final plat, the city shall install a storm sewer system to provide drainage. If a storm sewer system is installed and connections to the city system are not immediately available, the storm sewers shall be capped and temporary provisions made for drainage by other means. The cost of storm sewers shall be assessed against the benefitting properties including those which may lie outside the boundaries of the proposed subdivision.
9. Street Trees: Street trees having a trunk diameter (measured 12 inches above the ground), of not less than one and one-half inches (11/2") shall be planted along all streets where trees do not exist, and not more than seventy five feet (75') and not less than forty feet (40') apart. There shall be at least one tree per lot. This requirement shall be satisfied and it is preferable if an equivalent number of trees of the same size or larger exist or are planted in a naturalistic manner in the front yards of the adjoining lots. Only green ash, linden, sugar maple and long lived hardwood shade trees, other than elm or box elder, shall be planted. These shall be planted in at least one cubic yard of growing soil.
10. Boulevard Sodding: Boulevard strips shall be sodded.
11. Street Signs: Street signs shall be installed in all new subdivisions by the city.
B. Optional City Construction Permitted: In lieu of doing actual construction work on improvements required to be made by the subdivider under this section, the subdivider may petition the city to do the construction work required. Such petition shall include a request that the benefited property be assessed for the cost of such improvements where appropriate. Such petition shall be presented to the city by September 1 for construction during the next season. The option shall apply to streets, alleys, curb and gutters, and sanitary sewer facilities. In no event shall such construction result in a cost to be borne by taxpayers of the city generally, except in those instances where part of the benefit of the construction is deemed by the city council to extend beyond the boundaries contained in the proposed subdivision.
C. Water, Gas And Power Facility: Plans for water, gas and electric power facilities shall be submitted to the planning commission. The planning commission shall indicate its approval of plans for these facilities before the city council will issue a final plat approval. Financing arrangements for these facilities shall be in accordance with policies of the planning commission.
D. Payment For Installation Improvements: The costs of the required improvements, which are listed and described in subsection A of this section, are to be furnished and installed at the sole expense of the subdivider and at no expense to the city, unless otherwise stated. In the case of an improvement, the cost of which would be general policy of the city council be assessed only in part to the improved property and the remaining cost paid out of the general tax levy, the city council may make provision for payment of a portion of the cost by the subdivider and the remaining portion of the cost by the city; and provided further, that if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, the city council may make provisions for causing a portion of the cost of the improvement, representing the benefit to such lands, to be assessed against the same and in such case, the subdivider will be required only to pay for such portion of the whole cost of said improvements as will present the benefit to the property within the subdivision. Any assessments incurred by the developer in the course of developing any property may be paid off over a period of three (3) years, each yearly payment being equal to one-third (1/3) of the total assessment.
E. Required Agreement Providing For Property Installation Of Improvements: Prior to installation of any required improvements and prior to approval of the preliminary plat, the subdivider shall enter into a developer's agreement, a contract, in writing, with the city requiring the subdivider to furnish and construct said improvements at his/her sole cost and in accordance with plans and specifications and usual contract conditions all approved by the city council, which shall include provisions for supervision of details of construction by the public works director and grant to the public works director authority to correlate the work to be done under said contract by any subcontractors authorized to proceed thereunder and with any other work being done or contracted by the city in the vicinity. The agreement shall require the subdivider to make an escrow deposit or, in lieu thereof, to furnish the performance bond as specified in subsection F of this section, the amount of the deposit and the penal amount of the bond to be equal to the public works director's estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection by the city. On request of the subdivider, the contract may provide for completion of part or all of the improvements covered thereby prior to acceptance of the plat, and, in such event, the amount of the deposit or bond shall be reduced in a sum equal to the estimated cost of the improvements to be furnished after the acceptance of the plat only. The time for completion of the work and the several parts thereof shall be determined by the city council, upon recommendation of the public works director after consultation with the subdivider and shall be reasonable in relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the subdivision. The provisions of this subsection shall be waived or amended as deemed appropriate by the city council, upon advice of the public works director, on those improvements which the city has agreed to install under the provisions of subsection B of this section.
F. Financial Guarantee: The contract provided by subsection E of this section shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond as follows:
1. Escrow Deposit: An escrow deposit shall be made with the city administrator in a sum equal to the total cost as estimated by the public works director, including cost of inspection by the city, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the final plat. The city shall be entitled to reimburse itself out of said deposit for any costs and expense incurred by the city for completion of the work in case of default of the subdivider under this contract, and for any damages sustained by the city on account of any breach thereof. Upon completion of the work and termination of any liability to the city of the subdivider under this contract, the balance remaining in said deposit shall be refunded to the subdivider.
2. Performance Bond: In lieu of making the escrow deposit above described, the subdivider may furnish the city with a public contractor's performance bond in form prescribed by Minnesota statutes sections 574.26 and 574.32, with corporate surety, in a penal sum equal to the total cost as estimated by the public works director, including cost of inspection by the city, of all of the improvements to be furnished and installed by the subdivider pursuant to the contract and which have not been completed prior to approval of the final plat. The bond shall be subject to the approval of the city attorney and filed with the city administrator.
G. Construction Plans: Construction plans for the required improvements, conforming in all respects with the standards of the public works director and this code, shall be prepared at the subdivider's expense by a professional engineer who is registered in the state, and said plans shall contain the engineer's seal. Such plans, together with the quantities of construction items, shall be submitted to the public works director for approval and for an estimate of the total cost of the required improvements. Upon approval they shall become a part of the contract required in subsection E of this section. The tracings of the plans approved by the public works director, plus two (2) prints, shall be furnished to the city to be filed by the public works director as a record in the engineering department.
H. Inspection: All required improvements on the site that are to be installed under the provisions of this section shall be inspected during the course of construction by the public works director at the subdivider's expense, and acceptance shall be subject to the public works director's certificate of compliance with the contract.
I. Improvements Completed Prior To Approval Of Final Plat: Improvements within the subdivision which have been completed prior to application for approval of the final plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements of subsection A of this section only if the public works director shall certify that he/she is satisfied that the existing improvements conform to applicable city standards. (Ord. 10, 6th Series, eff. 3-2-2009)