Loading...
(A) Prior to the installation of any improvements and prior to approval of the plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to furnish and construct the improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions. This shall include provision for inspection of details of construction by the Engineer, and shall grant to the Engineer authority to correlate the work to be done under the contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the community in the vicinity. The agreement shall require the subdivider to make an escrow deposit, or, in lieu thereof, to furnish a performance bond, the amount of the deposit or penal amount of the bond to be equal to 125% of the Engineer’s estimate of the total cost of the improvements to be furnished under the contract, including the cost of inspection.
(B) 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. In that event the amount of the deposit or bond may be reduced in a sum equal to the estimated cost of the improvements so completed prior to the acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the City Council upon recommendation of the Engineer after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision.
(Ord. 179, passed 2-16-78)
(A) The contract provided for in § 155.107 shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the requirements of this regulation.
(B) An escrow deposit shall be made with the City Manager-Clerk in a sum equal to 125% of the total cost as estimated by the Engineer of all the improvements to be furnished and installed by the subdivider pursuant to the contract, which has not been completed prior to approval of the plat. The total costs shall include costs of inspection by the city. The city shall be entitled to reimburse itself out of the deposit for any cost and expense incurred by the city for completion of the work in case of default of the subdivider under the contract, and for any damages sustained on account of any breach thereof. Upon completion of the work and termination of any liability, the balance remaining in the deposit shall be refunded to the subdivider.
(C) In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a penal sum equal to 125% of the total cost as estimated by the Engineer of all the improvements to be furnished and installed by subdivider pursuant to the contract, which have been completed prior to the approval of the plat. The total costs shall include costs of inspection by the city. The bond shall be approved as to form by the Attorney and filed with the City Manager-Clerk.
(Ord. 179, passed 2-16-78)
(A) Construction plans for the required improvements conforming in all respects with the standards and ordinances of the city shall be prepared at the subdivider’s expense by a professional engineer who is registered in this state, and the plans shall contain his or her certificate. The plans together with the quantities of construction items together with his or her estimate of total costs shall be submitted to the City Engineer for approval and for the City Engineer’s estimate of the total costs of the required improvements. Upon approval, the plans shall become a part of the required contract. The tracings of the plans approved by the Engineer plus two prints shall be furnished to the city to be filed as a public record.
(B) All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the City Engineer at the subdivider’s expense, and acceptance by the city shall be subject to the Engineer’s certificate of compliance with the contract. A cash escrow account to pay for the cost of inspection and engineering services during the construction of improvement is described under § 155.044.
(Ord. 179, passed 2-16-78)
Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the Engineer shall certify that he or she is satisfied that the existing improvements conform to applicable standards.
(Ord. 179, passed 2-16-78)
Where a larger size water main, sanitary sewer, storm drain, or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost is to be borne by the benefitted properties and the assessments are to be determined accordingly by the City Council.
(Ord. 179, passed 2-16-78)
(A) The City Council may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider.
(B) (1) It is hereby announced policy of the city that full and complete utility systems be installed in all needed areas as soon as is practicable and feasible.
(2) Accordingly, the city shall proceed as soon as it is practicable after final approval of a subdivision with installation within the subdivision of those improvements as may be determined to be necessary. In the event of small subdivisions or in subdivisions in which development may proceed slowly, or in other events in which the construction of gravel streets, utility lines, or other improvements is clearly not feasible immediately following the approval of the plat, the City Council may elect to commence assessment proceedings, utilize funds or a cash escrow agreement, or otherwise move to finance and install improvements when the subdivision is developed to the point of warranting the improvements.
(3) The improvements are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience, and general welfare.
(Ord. 179, passed 2-16-78)
Loading...