(a) Dedication.
(1) A subdivider shall dedicate to public use, without compensation, all storm and sanitary sewers, water systems, streets, sidewalks, street lighting and facilities and appurtenances thereto.
(2) A subdivider shall dedicate other lands, such as parks, walkways and bikeways, to public use as provided in the approved final plat in conformance with these Regulations.
(3) Public lands, public rights-of-way, easements for public use, and other properties set forth for public use or benefit within a subdivision shall be deemed to be dedicated for such use only subsequent to approval by City Council of a final plat for recording and subsequent to execution and recording of the plat in conformance with these Regulations.
(4) Approval of a final plat by City Council, and subsequent to execution and recording of the final plat as provided in these Subdivision Regulations, shall be sufficient conveyance to vest a fee simple title to all streets, commons, parks or other parcels of land as herein offered for public use in the City for the uses and purposes named, expressed or intended.
(b) Acceptance of Improvements.
(1) Notice. The subdivider shall advise the City Engineer in writing when all improvements have been completed and all requirements and conditions have been complied with.
(2) If the City Engineer determines that the improvements are not in conformity with applicable regulations and approved plans, the Engineer shall advise the subdivider in writing in the form of a punch list. This procedure shall be repeated until the City Engineer determines that the improvements have been satisfactorily completed. If the subdivider fails to complete the punch list items within a reasonable time, the City may require compliance through use of the performance bond, may withhold acceptance of the improvements, and may withhold approval, signing, or release of the final plat.
(3) When the City Engineer determines that all improvements have been completed and that all requirements and conditions have been complied with, the City Engineer shall make a recommendation to City Council to accept the improvements for ownership, operation, and maintenance by the City.
(4) Waiver of liens. The subdivider shall, prior to the acceptance of improvements by the City, provide waiver of liens executed by all suppliers, contractors, and subcontractors who have provided materials or performed work related to the construction of the subdivision.
(5) Upon evidence of completion with all requirements, City Council shall accept the improvements by the adoption of an ordinance.
(6) No street shall be accepted unless all utilities for each prospective lot have been installed to a point between the property line and the curb line.
(Ord. 2-2004. Passed 2-23-04.)