1. Construction Completed or Provision of Bond. Before the final plat of any area shall be approved by the Board of Supervisors and recorded, the subdivider shall make and install the public improvements described in this section. In lieu of final completion of the minimum improvements before the plat is finally approved, the subdivider may, subject to approval by the Board of Supervisors and recommended by Zoning Commission, post a bond, approved by the County Attorney and County Treasurer, with the Board of Supervisors, which bond will insure to the County that the improvements will be completed by the subdivider within one (1) year after final approval of the plat. The amount of the bond shall not be less than the estimated cost of the improvements and the amount of the estimate must be approved by the County Engineer. If the improvements are not completed within the specified time, the County may use the bond or any portion thereof to complete same. For plats located in unincorporated areas within two (2) miles of the corporate limits of cities that have adopted the provisions of Section 354.9 of the Code of Iowa, the Commission and Board may waive the requirements of this section provided they are satisfied that the subdivision regulations of the City governing the areas within which the subdivision is located are sufficient to insure adequate conformance with these regulations.
2. Minimum Improvements Required. The minimum improvements installed or for which bond is posted, in any subdivision, before the final plat can be approved by the Board, shall be in accordance with the following subsections:
A. The subdivider shall grade and improve all new private streets between the right-of-way lines within the subdivided area prior to the adjoining lots being sold. In no case shall a building permit be issued for any lot unless the required private streets have been constructed.
B. All public streets, including widening and turning lanes, shall be paved in accordance with Marion County’s current policy regarding “Hard Surface Improvement of Roads,” as adopted by the Board of Supervisors.
C. All private streets shall be paved in accordance with the requirements for public streets specified in Section 56.07 unless waived by the Commission at the time of consideration of the preliminary plat.
D. Sidewalks, unless waived by the Commission at the time of consideration of the preliminary plat, shall be the responsibility of the homebuilder to construct said sidewalks in conjunction with the building permit for each lot.
E. The subdivider shall, whenever necessary, grade any portion of the property subdivided into lots so that each lot will be usable and suitable for the erection of residences or other structures thereon.
F. The subdivider shall construct sanitary sewers according to the standards and specifications of Marion County, and provide a connection for each lot to the sanitary sewer. Where existing sewer outlets are not within reasonable distance, installation of private sewer facilities or septic tanks may be permissible and meet the requirements of the County Board of Health. Where a private sewage treatment system is proposed, the subdivider shall furnish evidence that these facilities have been approved by the Iowa Department of Natural Resources.
G. The subdivider shall provide, where practicable, for the installation of water mains and fire hydrants in the subdivided area, and such installation shall be made prior to the street pavement construction and shall be in accordance with the standards and specifications of Marion County. Where a private water supply system is proposed, the subdivider shall furnish evidence that such a system has been approved by the Iowa Department of Natural Resources. Private wells shall meet the requirements of the County Board of Health.
H. Storm drainage and storm sewer facilities shall be provided, including permanent culverts or bridges of a size and design approved by the County Engineer.
I. Permanent monuments shall be set at each corner of the perimeter of the subdivision and at the corner of each block within the subdivision and at the corner of each lot. All monuments shall be made of permanent material, sensitive to a dip needle and at least 30 inches long, and shall conform to standard specifications of Marion County. The requirements of Section 355.6 of the Code of Iowa regarding monumentation shall also apply.
J. Street signs shall be required at all intersections and shall be of the type approved by the Zoning Administrator.
K. Street lights shall be installed in all subdivisions unless a variance is granted by the Board of Supervisors and recommended by the Zoning Commission. Street light location shall be shown on the utility plan provided by the utility company.
L. The Board and Commission may require that all utility lines except electric lines of nominal voltage in excess of 15,000 volts, be installed underground. The subdivider shall be responsible for making the necessary arrangements with the utility companies for installation of such facilities. Said utility lines shall be installed in such a manner so as not to interfere with other underground utilities. Underground utility lines which cross underneath the right-of-way of any street, alley or way shall be installed prior to the improvement of any such street, alley or way in the subdivision. Incidental appurtenances, such as transformers and their enclosures, pedestal mounted terminal boxes, meters and meter cabinets may be placed above ground but shall be located so as not to be unsightly or hazardous to the public. Such incidental appurtenances shall be in accordance with the standards and specifications of Marion County. If overhead utility lines or wires are permitted, they shall be placed in the easements provided in the rear of the lots. In their determination on whether or not to require underground utilities, the Board and Commission may consider that soil, topographical, or other conditions make such installations within the subdivision unreasonable or impractical.
3. Approval by Engineer. All plans, specifications, installation and construction of all public improvements required by this chapter shall be subject to review, approval and inspection by the County Engineer or an authorized representative. It shall be the responsibility of the applicant and his professionals to insure that the plans, specifications, installation and construction of all private improvements conform to the requirements of this chapter and all state and local codes.
A. The County may require contracts for all public improvements to be executed on forms furnished and approved by the County Attorney and the Board of Supervisors.
B. The subdivider shall furnish the County Engineer with a construction schedule prior to commencement of any and/or all construction, and shall notify the County Engineer, not less than 48 hours in advance of readiness for required inspection. The subdivider shall reimburse the County for the costs expended for all inspection services and tests furnished and conducted by or on behalf of the County.
4. Acceptance of Public Improvements. Where any subdivision includes public improvements that the County Engineer has recommended become public improvements to be maintained by Marion County, the following shall apply:
A. Warranty. The subdivider shall be responsible for the installation and/or construction of all improvements required by this chapter, and shall warrant the design, materials and workmanship of such improvements, installation and construction for a period of four (4) years from and after completion. Such warranty shall be by bond or other acceptable collateral; and shall be subject to review by the County Attorney; shall assure the expedient repair or replacement of defective improvements under warranty; and shall indemnify the County from all costs or losses resulting from or contributed to such defective improvements.
B. Easements. All public or private streets and utilities shall be located within an easement dedicated for the construction, reconstruction, expansion and maintenance of said improvement. Ownership of said easement shall be no public or private streets shall be situated on.
C. Recommendation of the County Engineer. Upon completion of construction, the County Engineer shall final inspect the public improvements and shall report that said public improvements are in substantial conformance to the approved plans and specifications or other County requirements and agreements between the subdivider and the County. Any cost to conform with the County’s requirements prior to acceptance by the County shall be the responsibility of the subdivider or roadway owner(s).
D. Upon the recommendation of the County Engineer and County Attorney, the Board of Supervisors shall act upon the subdivider’s or roadway owner’s request for acceptance. Acceptance of the public improvements by Marion County shall be by formal resolution of the Board.