A. Purpose And Intent: The purpose and intent of this section is to ensure required infrastructure and utilities are constructed and maintained to protect the health, safety and welfare of the occupants of developments approved pursuant to this title and the general community. Required infrastructure and utilities include but are not limited to water distribution, wastewater collection, vehicular circulation, pedestrian and bicycle facilities, stormwater runoff and erosion control and the private utilities of electricity, cable television, telephone, and where available natural gas.
B. Required Infrastructure And Utility Improvements: All development shall provide and maintain safe and orderly infrastructure and utilities that connect to the infrastructure systems of the City of Sidney and private utilities. All development shall provide access to water and wastewater systems, public streets or roads, pedestrian trails and/or sidewalks, and wire utilities such as electricity, cable television and telephone, and where available natural gas. All infrastructure and utility improvements shall be extended to the furthest extent of a property.
C. Public Water Supply, Public Wastewater System:
1. Connection To Municipal Systems: All development shall connect to Municipal water and wastewater infrastructure systems which may require off-site and on-site facilities to provide the necessary mains, lift stations, and pump stations, service lines and other appurtenances necessary to connect the development to the City infrastructure.
2. Construction Standards:
a. City, DEQ: All infrastructure systems shall be constructed and maintained to the applicable codes of the City of Sidney, the Montana Department of Environmental Quality standards and other Federal and State codes that may be duly applicable.
b. Shared Use: All infrastructure lines in new developments shall be located and constructed to allow adjoining properties to access the infrastructure mains at the common property lines.
3. Developer's Expense:
a. Developer's Expense: Installation of the required infrastructure shall be the developer's expense except where shared expenses are approved by the City.
b. City Participation: At its sole discretion and subject to adopted ordinances controlling infrastructure, the City may participate in funding the construction of infrastructure related to any development when an infrastructure facility is oversized to accommodate the current or future needs of adjacent properties.
D. Private Utilities:
1. Underground Installation: All wire and natural gas utilities shall be installed underground except as provided below.
a. Above Ground Appurtenants: Transformers, switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other facilities that are necessary appurtenants to underground utilities may be placed above ground within utility easements or street right-of-way or easements with approval of the land owner or City Council, whichever is applicable.
b. Connections To Above Ground Facilities: Facilities reasonably necessary to connect underground utilities to existing or permitted overhead or above ground facilities shall be allowed above ground.
c. Existing Facilities: Existing above ground utility facilities may be allowed to remain. It shall not be required to remove or replace existing above ground utility facilities that are useful in serving the development.
d. Transmission, Distribution Feeder Lines: Overhead electric transmission and distribution feeder lines and overhead long distance communication, trunk and feeder lines shall not be required to be underground.
2. Construction Standards: All utilities shall be installed and maintained pursuant to the applicable utility company standards.
3. Structures In Utility Easements: Structures shall not be located in public or private utility easements except fences.
a. Sidney Growth Policy: Legal and physical accesses to public streets shall be consistent with the Sidney Growth Policy.
b. Natural Topography: Accesses, streets and roads shall be designed and constructed to conform to the natural topography to the greatest extent practical and minimize ground disturbance.
c. Drainage: Accesses, streets and roads shall not block natural drainage ways and shall be designed and constructed to provide positive stormwater runoff.
d. Number Of Accesses: The allowed number of accesses shall be determined by the Sidney Subdivision Regulations.
e. No Commercial Access Through Residential: A commercial or industrial development shall not have a principal access through a Residential Zoning District. This prohibition does not prevent a commercial or industrial access through a Mixed Use District.
f. Emergency Access: All development shall provide safe and efficient access suitable for emergency vehicles.
g. Street Standards: Street extensions or construction shall be designed and constructed pursuant to the street standards in the Sidney Subdivision Regulations.
h. Arterial Streets: Accesses to arterial streets shall be minimized and shall comply to any applicable access management plans in effect. A residential development that adjoins an arterial street shall use reverse frontage or side access to minimize accesses to arterial streets.
4. Developer's Expense: The construction of the required accesses, streets or roads shall be the developer's expense except where shared expenses are approved by the City.
a. City Participation: At its sole discretion and subject to adopted ordinances controlling streets and roads the City may participate in funding the construction of an access, street or road related to any development when the access facility is oversized or extended to accommodate the current or future needs of adjacent properties.
E. Pedestrian Access: All development and construction, including single-household structures, and existing structures in all zones shall construct a sidewalk across the street frontages of the lot. The sidewalk(s) shall be within the public right-of-way at a location approved by the Sidney Public Works Director and extended to connect to existing sidewalks if present at the lot boundary. If sidewalks currently exist they must remain in perpetuity and be replaced if damaged.
1. Exemptions: Expansion to existing structures that increases the gross floor area by less than fifty percent (50%) shall be exempt from installing sidewalks. Subdivisions that have been annexed without curb and gutter shall be exempt from required sidewalks.
2. ADA: All new sidewalks shall be constructed in compliance with the Americans With Disabilities Act (ADA).
3. Commercial/Industrial Development: Commercial and industrial developments, not exempted above, shall provide a sidewalk from the entrance of the commercial development to the public right- of-way and across the frontage of the lot.
4. Construction Standards: Sidewalks shall be designed and constructed to comply with the construction specifications and widths as adopted in the Sidney Subdivision Regulations.
5. Landowner's Expense: Sidewalks shall be designed and constructed at the landowner's expense. Lots with three (3) or more street frontages or lots with an acute angle shall be reviewed by the City to determine appropriate locations and shall be required to provide at least two (2) sidewalks.
F. Development Agreement:
1. Agreement Required: Developments that require the construction of public infrastructure or other public improvements shall require a Development Agreement that establishes the detailed requirements, responsibilities and timing of performance for both the developer and the City.
2. Content Of Agreement: A Development Agreement shall contain, but not be limited to the following items.
a. Site Plan: The Development Agreement shall incorporate or reference an approved development plan.
b. Required Improvements: Detailed description of infrastructure and other improvements required as part of the approved development including specifications.
c. Costs: Costs of the improvements required in the initial phase and projected costs of improvements of any future phases.
d. Schedule For Completion: An established schedule of completion required in the initial phase and a projected completion schedule of any future phases.
e. City Completion: A process by which the City may, if necessary, complete the required improvements using the surety or financial guarantee provided by the developer.
f. Renegotiation: A process by which either the developer or the City may request a renegotiation of the agreement.
g. Transfer: A process by which the agreement may be transferred with the prior written approval of the City Council.
h. Guarantee: The form of the financial surety or guarantee shall be specified.
i. Warranty: A statement or warranty for the materials and workmanship pursuant to subsection F7, "Warranty Of Improvements", of this section.
3. Phasing: The construction of public infrastructure or improvements may be phased in accordance with an approved phasing plan.
4. Effect Of Agreement: An approved Development Agreement shall create a legal contract binding the parties to the contract.
5. Guarantee: Completion of the required improvements identified in the Development Agreement shall be guaranteed by a method in the Guarantee of Public Improvements section of the Sidney Subdivision Regulations.
6. Inspection And Acceptance Of Improvements:
a. Inspection Required: All infrastructure and improvements shall be inspected by the Zoning Administrator and/or Public Works Director for compliance with the approved development plan, construction plans and specifications.
b. Developer Request: Upon completion of the infrastructure or improvements, the developer shall submit to the Zoning Administrator a written request for a Certificate of Compliance or acceptance.
c. Improvements Accepted: Upon a written verification from the developer and a project engineer licensed in the State of Montana that the infrastructure or improvements have been completed pursuant to all approvals, plans and specifications, and upon further verification from the inspection described in subsection F6a, "Inspection Required", of this section, the Zoning Administrator or Public Works Director, whichever is designated by adopted City ordinances, shall issue a Certification of Compliance. Notwithstanding, some public infrastructure facilities or improvements may require City Council approval of acceptance based upon adopted City ordinances. In such instances, the Zoning Administrator shall place the developer's request on the City Council agenda following verification by the Administrator or Public Works Director that the infrastructure or improvements have been completed pursuant to all approvals, plans and specifications.
d. Fees: The City Council may establish fees to offset the administrative costs of inspecting public infrastructure or improvements. Any such fees shall be paid by the developer prior to the issuance of a Certificate of Compliance or acceptance.
7. Warranty Of Improvements: The developer shall warrant the materials and workmanship of the public infrastructure or improvement for a period of one year from issuance of the Certificate of Compliance or acceptance of the infrastructure or improvement by the Mayor and City Council, whichever is applicable.
a. Warranty Enforcement: The warranty shall be enforced or secured by one of the following methods.
(1) Escrow: An escrow account containing funds equal to ten percent (10%) of the construction costs pursuant to the Guarantee of Public Improvements section of the Sidney Subdivision Regulations.
(2) Letter Of Credit: Continuing a Letter of Credit or opening a new Letter of Credit in an amount equal to ten percent (10%) of the construction costs pursuant to the Guarantee of Public Improvements section of the Sidney Subdivision Regulations.
(3) Use Of Funds: The City may use funds or draw upon the Letter of Credit to correct any deficiency in the materials or workmanship of the infrastructure or improvement. Notwithstanding, the developer may remedy the deficiency in lieu of the City drawing upon the funds.
b. Release Of Funds: Warranty funds held in escrow or the Letter of Credit shall be released upon expiration of the one year warranty period provided the funds were not spent to remedy a deficiency in the infrastructure or improvement.
G. Livestock Prohibited: The keeping or raising of domestic livestock or fowl for show, breeding or other purposes is prohibited in the City limits. (Ord. 567, 3-20-2017)