Subd. 1. General provisions.
a. Development agreement. Before a final plat is delivered by the city to the subdivider, the subdivider of the land covered by the plat shall pay all applicable fees and execute and submit to the City Council a development agreement that shall be binding on its heirs, personal representatives and assigns, a part of which agreement shall set forth that the subdivider will cause no private construction to be made on the lands within the plat, nor shall the subdivider file or cause to be filed any application for building permits for the construction until all improvements required under this chapter have been made or arranged for in the manner and conforming to the requirements as set forth herein.
b. Financial guarantee. Prior to the delivery of the approved final flat, the subdivider shall deposit with the city financial security in an amount of 150% of the City Engineer’s estimated cost of the required improvements within the plat, either in a cash escrow or letter of credit. The surety involved in the financial guarantees shall be approved by the city. Release of the cash escrow or letter of credit shall be conditioned upon:
(1) The making and installing of all of the improvements required by the terms and conditions set forth by the city within one year;
(2) Satisfactory completion of the work and payment therefore, which was undertaken by the subdivider in accordance with the developer’s agreement referred to above;
(3) The payment by the subdivider to the city of all expenses incurred by the city, which expenses shall include, but not be limited to, expenses for engineering, planning, fiscal, legal, construction and administration. In instances where a letter of credit is used in lieu of a cash escrow, the letter of credit shall be in a form satisfactory to the city.
c. City Engineer approval. No final plat shall be approved by the Council without first receiving a report signed by the City Engineer certifying that the improvements described therein, together with the agreements and documents required under this section, meet the requirements of the city.
d. Maintenance guarantee. The city shall require a subdivider to submit a warranty/maintenance guarantee in the form of a letter of credit or cash deposit in the amount of 25% of the original cost of the improvements, or as approved by the City Engineer, which shall be in force for two years following the final acceptance of any required improvements and shall guarantee satisfactory performance of the improvement.
e. As-built drawings. “As-built” drawings of all required improvements as required by the City Engineer shall be furnished to the city by the subdivider in mylar form and electronic form at no cost to the city. The “as-built” drawings and files shall meet format requirements of the City Engineer. The “as-built” drawings shall be certified to be true and accurate by the registered professional engineer responsible for the installation of the improvements.
f. Inspection/reimbursement of city expenses. All of the required improvements to be installed under the provisions of this chapter shall approved by and subject to the inspection of the City Engineer or designees. The City Engineer shall assign a field representative to observe the project from initial construction through completion and acceptance by the city. All of the city’s expenses incurred as the result of the requirement improvements shall be paid to the city by the subdivider.
Subd. 2. Monuments.
a. Location of boundary monuments. Official monuments, as designated and adopted by the Hennepin County Surveyor’s Office and approved by the Hennepin County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer. The boundary line of the property to be included within the plat shall be fully dimensioned on the plat. All angles of the boundary, excepting the closing angle, are to be indicated on the plat and all monuments and surveyor’s irons are to be indicated on the plat. Each angle point of the boundary perimeter shall be so monumented.
b. Location of monuments within the plat. Pipes or steel rods shall be placed at each lot and at each intersection of street right-of-way lines. All United States, state, county or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on the plat. No ditto marks will be permitted in indicating dimensions.
c. Second monumentation. To insure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be required. Proof of the second monumentation shall be in the form of a surveyor’s certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the Shorewood Zoning Ordinance, as may be amended. As an alternative the subdivider’s surveyor may, upon approval by the City Engineer, place official monuments within the plat after the site grading has been completed, but no later than one year of the recording of the plat. In such cases a letter of credit or cash escrow in form and dollar amount acceptable to the city shall be submitted to guarantee that the monumentation will be completed.
Subd. 3. Street improvements.
a. Conformance with city standards. All street improvements shall be designed and conform to the Minnesota Department of Transportation Road Design Manual, Section 5-291.523, and the City of Shorewood Department of Public Works Standard Specifications and Detail Plates. Design and construction specifications shall be subject to the review and approval of the City Engineer.
b. Acceptance of streets. No street within the city will be accepted as a public street, except under the following conditions:
(1) The final bituminous wear course shall not be placed until the time as the approved bituminous base course has been placed and has sustained one full winter and spring season. Prior to placement of the wearing surface, the Developer shall obtain written approval by the City Engineer. Failure to obtain the approval shall result in removal and replacement of the wearing surface at no expense to the city;
(2) The Developer shall be responsible for all snowplowing, sanding and maintenance of all roadways within a proposed subdivision until the time as the final lift of bituminous wearing course has been placed, the City Engineer has reviewed and recommended acceptance by the city, and City Council has accepted the project, pursuant to inspections;
(3) The street will not be accepted until the Council has received a recommendation from the City Engineer that this street is in good condition and not breaking up or deteriorating in any way. Upon receipt of the recommendation, the Council will consider a resolution accepting the street as a public street for snowplowing and maintenance.
c. Boulevards. Boulevards shall be uniformly finished to match the top of the curb and sodded or seeded to present a finished appearance.
Subd. 4. Community facilities improvements.
a. Sanitary sewer system. Municipal sanitary sewer facilities shall be provided for all proposed subdivisions and all lots within the subdivision shall be served by the municipal sanitary sewer system.
b. Water system. Where the city determines it is technically and financially feasible, municipal water service facilities shall be provided for all proposed subdivisions containing more than three lots and all lots within the subdivision shall be served by the municipal water system.
Subd. 5. Semi-public utilities. Telephone, cable television, electric and gas service shall be installed underground in accordance with the provisions of all applicable city ordinances.
Subd. 6. Election by city to install improvements. In accordance with city policy, it is the subdivider’s responsibility to install all required improvements. Pursuant to city policy the subdivider may petition the city for the installation of required improvements. The city reserves the right to elect to install all or any part of the improvements required under the provisions of this chapter in lieu of requiring the subdivider to install the improvements, pursuant to M.S. Chapter 429, as amended.
(Am. Ord. 380, passed 2-11-2002; Am. Ord. 569, passed 8-26-2019)