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(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)
Notwithstanding any provisions to the contrary herein contained, the City Council, upon recommendation from the Planning Commission, may issue municipal improvement bonds to pay the cost of required streets, sewer, water, and storm sewer improvements subject to the following:
(A) The proposed subdivision must be abutting upon a presently platted and substantially developed residential neighborhood.
(B) Before proceeding to issue improvement bonds, the Planning Commission and the City Council must make a finding based on current real estate activity in and around the city that lots within the proposed subdivision will be readily marketable.
(C) Issuance of improvement bonds to construct required improvements shall be upon petition and in accordance with M.S. Chapter 429, as amended, and the total cost of the improvements shall be assessed against the benefitted property.
(Ord. 179, passed 2-16-78)
MINOR SUBDIVISIONS, RESUBDIVISIONS, VARIANCES, AND THE LIKE
Upon receiving a report from the Planning Commission the City Council may grant a variance from the provisions of these regulations in the case of a planned unit development, as defined in Chapter 156 of this code, provided that the Council shall find that the proposed development is fully consistent with the purpose and intent of these regulations and the Comprehensive Plan. This provision is intended to provide the necessary flexibility for new land planning and land development trends and techniques such as cluster development.
(Ord. 179, passed 2-16-78)
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