(A) Agreement procedure.
(1) Before a final plat is approved by the City Council, the owner and subdivider of the land covered by the plat may execute and submit to the Council an agreement to make and install within 1 year, all improvements required to be installed by him or her under the provisions of this chapter, in accordance with the time table and plans and specifications therefore to be prepared or approved by the Zoning Administrator.
(2) The agreement (hereinafter sometimes referred to as development contract) may be accompanied by a cash escrow equal to the Zoning Administrator’s estimated cost for completing the improvements, or a corporate performance bond (sometimes referred to as a subdivision bond) to be approved by the city, in an amount to 1-1/2 times the Zoning Administrator’s estimated cost of the improvement.
(3) The performance bond or cash escrow shall be conditioned upon:
(a) The making and installing of the improvements required under terms of the chapter within the 1-year period, unless the 1-year period is extended by the city;
(b) Completion of the work undertaken by the owner or subdivider in accordance with the development contract executed by him or her and for him or her; and
(c) 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, fiscal or legal services, construction and administration. In instances where a cash escrow is submitted in lieu of a corporate performance bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within 1 year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the city and applied by the city to the cost of completing the required improvements. If the funds available within the cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the city shall be assessed against the subdivision. Any balance remaining in the cash escrow fund after the improvements have been made and all expenses therefore have been paid, shall be returned to subdivider. In instances where a corporate performance bond is issued in lieu of a cash escrow, the bond shall be in a form acceptable to the city and shal1 comply with all requirements as set forth in Minnesota Statutes as amended, which statutes relate to surety bonds.
(B) Inspection. All required land improvements to be installed under the provisions of this chapter shall be inspected at the subdivider’s expense during the course of construction. The inspection shall be by the Zoning Administrator or an inspector appointed by the Council.
(C) Zoning permits. No zoning permit shall be issued by any governing official for the construction of any building, structure or improvement on any land required to be subdivided by this chapter until all requirements of this chapter have been fully complied with.
(D) Required improvements; general.
(1) No final plat shall be approved by the Council without first receiving a report signed by the Zoning Official and the City Attorney certifying that the improvements described therein together with the required agreements meet the requirements of the city. The City Clerk/Administrator shall also certify that all fees required to be paid to the city in connection with the plat have been paid.
(2) The City of Slayton shall, where appropriate, require of a subdivider submission of a warranty bond in the amount equal to the original cost of the improvements, which shall be in force for 1 year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the improvements.
(3) Reproducible as built drawings as may be required by the Zoning Official shall be furnished to the city by the subdivider of all required improvements. The as built drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvement.
(4) No final plat shall be approved by the City Council on land subject to flooding or containing poor drainage facilities, and on land which would make adequate drainage of the streets and lots impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the Zoning Official, make the area completely safe for residential occupancy and provide adequate street and lot drainage and conform to applicable regulations of other agencies such as the United States Corps of Engineers, or the Department of Natural Resources, the final plat of the subdivision may be approved. In addition, the plats may not be approved if the cost of providing municipal services to protect the flood plain area would impose an unreasonable economic burden upon the city.
(E) Monuments.
(1) Official monuments, as designated and adopted by the Murray County surveyor’s office and approved by the Murray County District Court for use as judicial monuments, shall be set at each corner of angle on the outside boundary of the final plat. The boundary line of the property to be included with the plat is to be fully dimensioned with all angles of the boundary, excepting the closing angle to be indicated. All monuments and surveyor’s irons to be indicated and each angle point of the boundary perimeter is to be so monumented.
(2) Pipes or steel rods shall be placed at each lot and at each intersection of street center 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 shall be permitted in indicating dimensions.
(3) To ensure that all irons and monuments are correctly in place following the final grading of a plat, second monumentation shall be required. Proof of the second monumentation shall be in the form of a surveyor’s certificate of occupancy as provided for in Chapter 152.
(F) Street improvements.
(1) The full width of the right-of-way shall be graded, including the subgrade of the areas to be paved, in accordance with standards and specifications for street construction as outlined in § 151.05 above.
(2) All streets shall be improved with pavement in accordance with the standards and specifications for street construction as required by the City Council.
(3) All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as approved by the City Council. The portion of the right-of-way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary.
(4) If deemed necessary, curb and/or gutter will be required on all streets according to specifications for street construction as set forth and approved by the City Council. Each lot will be provided with a driveway entrance. All curb corners shall have a radius of not less than 15 feet except at collector and marginal access streets where they shall be not less than 25 feet.
(5) The grade and drainage requirements for each plat shall be established by the Zoning Administrator at the expense of the applicant. Every plat presented for final signature shall be accompanied by a certificate of the Zoning Administrator that the grade and drainage requirements have been met. In an area not having municipal trunk storm sewer, the applicant shall be responsible, before platting, to provide a storm water disposal plan, without damage to properties outside the platted area, and the storm water disposal plan shall be submitted to the Zoning Administrator who shall report to the City Council on the feasibility of the plan presented.
(6) Street trees limited to Green Ash, Linden and long-lived hardwood shade trees other than Elm or Box-Elder may be planted along all streets. These shall be planted in at least 1 cubic yard of growing soil. Boulevard sodding shall be planted in conformance with the standards and specifications as required by the City Council.
(7) Street signs of the standard design as may be required by the City Council shall be installed at each street intersection.
(8) Driveway approaches and/or sidewalks of standard design or pedestrian pathways as may be required by the City Council shall be installed.
(9) Street lighting fixtures as may be required by the City Council shall be installed.
(G) Public utilities.
(1) Placement of lines. All the utility lines for telephone and electric service shall be placed in rear-line easements when carried on overhead poles.
(2) Underground lines.
(a) Where telephone, electric and gas service lines are placed underground entirely throughout a subdivided area, conduits or cables shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground service.
(b) Further transformer boxes shall be located so as not to be hazardous to the public.
(c) All drainage and underground utility installations which traverse privately owned property shall be protected by easements.
(H) City election to install improvements. The city may, in its discretion, 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.
(Prior Code, § 19.107)