A. Scope: The scope of this section is to define the respective areas of responsibility of the subdivider and the city relative to the installation, construction or other improvements of public works en route to and within the boundaries of a subdivision.
In certain instances, the city may require formal written agreements with the subdivider that more fully and specifically describe their respective obligations and responsibilities.
B. General Requirements: It shall be the responsibility of the subdivider to complete at his sole expense all the development and construction of public works for and within the subdivision except as specifically provided otherwise to be the obligation and responsibility of the city, or as may be accepted by the city as being within the spirit and intent of its responsibilities.
C. Structure Location:
1. Building Line Setback: In all new subdivisions, the building line setback shall be a minimum of twenty feet (20') from the property line. In the event that a new subdivision is located along a street with existing residences, the setback line shall be not less than other structures along the street and preferably should be set back as an average of the existing structures.
2. Side And Rear Lot Line Clearances: In all new subdivisions, no building of any nature shall be placed or constructed nearer than five feet (5') of the property line. Where utility rights of way or other rights of way or easements are provided along property lines and lot lines, no structure of any nature shall be permitted in such rights of way or easements except for the purpose for which they are provided.
D. Completion Of Public Works: The subdivider shall complete the installation or construction of all the different phases of public works for which he is responsible before the city will accept any of them. This requirement may be satisfied by completion of a stage if a staged development is called for in the approved development plan.
E. Guarantee Of Completion: Until the public works for which the subdivider is responsible are complete, or an acceptable stage of the development is completed, the city will issue no building permit for private construction therein unless a satisfactory performance bond or other suitable guarantee of performance acceptable to the city is provided by the subdivider.
F. Inspections: The subdivider shall notify the city, in writing, when the public works for which he is responsible have been completed. (Ord. 347, 3-11-1987)
The public works director shall also certify in writing, a copy of which shall be sent to the subdivider, that the said public works have been inspected by him or his authorized representative, and that the said public works have been completed in accordance with applicable standards and specifications. As built construction plans shall be submitted to the city upon completion. (Ord. 347, 3-11-1987; amd. 1989 Code)
G. Acceptance Of Public Works: Compliance with the foregoing provisions shall constitute the city's acceptance of the public works. The city shall thereby accept said public works and be responsible for their operation and maintenance in accordance with city policies. (Ord. 347, 3-11-1987)