(A) General.
(1) Approval.
(a) Before a final plat may be approved by the Council, the owner shall execute, and submit to the Council, an agreement which shall be binding on his or her (or their) heirs, personal representatives, and assigns, that he or she shall cause no private construction on the land, except with approval of the City Engineer, until all improvements required under this chapter have been petitioned for, arranged for, or have been constructed.
(b) No final plat shall be approved by the Council without first receiving a report from the City Engineer certifying that the improvements described herein, together with the agreements and documents required herein, will meet the minimum requirements of all applicable provisions of the city code.
(c) A certified copy of the plat restrictions shall be filed with the City Clerk-Treasurer and Register of Deeds (County Recorder), which shall include a provision that, in all instruments of sale or conveyance given before all street improvements have been made, the grantee shall agree to, and approve, the improvements and the assessment of their cost.
(2) City financing. Upon recommendation of the City Engineer, and with the approval of the Council, any, or all, of the required improvements may be financed, and assessed, by the city pursuant to M.S. Chapter 429, as it may be amended from time to time. Length of assessment period, and rate of interest, shall be as determined by the Council.
(3) Financing by developer. If deemed advisable, and to be in the best interests of the city, the Council may require the developer to finance, and pay for, any, or all, improvements. Prior to the making of required improvements, the owner, or subdivider, shall deposit with the City Clerk-Treasurer an amount equal to the City Engineer’s estimated cost of any, or all, improvements which are to be financed by the developer, either in cash or an indemnity bond, with sureties to the satisfaction of the city, conditioned upon the payment of all construction costs incurred by the city in the making of improvements, and all expenses incurred by the city for engineering, and legal fees and other expenses in connection with the making of improvements. All improvements shall be contracted through the city.
(B) Improvements. The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the City Engineer.
(1) City obligation. The city will construct, furnish, and install, at city expense, the following improvements according to city specifications. Furnishing of these improvements shall be commensurate with available city funds for the work, and according to programs and priorities as established by the Council. If the developer would desire any of these improvements sooner than the city would be able to furnish them, then the costs of the following improvements shall be paid for by the developer:
(a) Storm sewer mains will be constructed by the city as funds are available. Connection shall be made at the boundary of the subdivision, if available, or to some other approved discharge outlet. The developer shall secure, or provide, the necessary easements or discharge permits. This requirement shall not prevent the city from acquiring necessary easements by eminent domain. Any costs for easements shall be borne by the developer;
(b) Street lighting shall be constructed by the city, preferably after curb and gutter have been installed. If additional, or other type, of lighting is desired by the developer, he or she shall pay the increased cost thereof; and
(c) Street name signs and traffic control signs shall be installed by the city.
(2) Obligation of developer. The developer shall pay the proportionate amount of the following improvements on, or for, his or her subdivision or development. Financing shall be according to division (A) above:
(a) Necessary site grading shall be accomplished by the subdivider;
(b) Street grading for the full width of right-of-way shall be accomplished by the subdivider. If no site grading is to be accomplished, the street grading will be included with subsequent street improvements. Street grading shall precede any underground work. Where street grading is not to be immediately followed by street paving, the developer may be required to provide permanent grade markers at the right-of-way line of all streets of a standard approved by the City Engineer;
(c) Street improvements, including base, curb and gutter, boulevard sodding, inlets and leads, and paving, according to standard city specifications, or as approved by the City Engineer, shall be constructed. All required underground work shall have preceded any permanent street improvements. Any improvements on a county road shall be approved by the County Engineer. Temporary construction may, at the discretion of the City Engineer, be required for just cause on any street, streets, or portion thereof. Reconstruction, or alteration, in any way of existing streets affected by the plat, or improvements thereupon, shall be subject to the approval of the City Engineer. All costs therein incurred for either temporary access or reconstruction shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the City Engineer;
(d) Where the city sewer is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. The cost of any required pumping stations, deemed necessary by the Engineer, shall be assessed against the benefitting property. Where it is neither practical nor economical for the city to extend the city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of the city sewer in installations. The information shall be recorded on the plat, and in each deed so affected;
(e) Where city water is, or will be, available at the boundary of the subdivision, it shall be constructed according to city specifications. Main sizing shall be by the City Engineer. All required hydrants and valves are to be included in the construction. Where it is neither practical nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications; and
(f)
Boulevard trees, if desired, shall be installed by the owner, or developer, in accordance with Park and Recreation Advisory Board standards.
(g) Sidewalks. The subdivider shall provide for the installation of sidewalks along all newly created lots, including sidewalks on adjacent existing streets. The sidewalks shall be built according to the standards and specifications of the city. The subdivider shall indicate in the application for approval of a preliminary or final plat those sidewalks that will be constructed at the time of installation of public improvements, and those that the subdivider would like the Council to defer until a later date. If the Council agrees to defer construction of the sidewalks, sidewalks shall be constructed at the time a principal structure is built upon the adjacent lot or lots or within five years of plat approval, whichever is earlier. Notwithstanding the above, the Council may require the sidewalk's construction at the time adjacent roadway construction takes place or at any other time as noted in the final plat approval. At the time sidewalk construction is required as provided above, such construction shall be completed at the sole cost and expense of the person or entity that owns the property or lot at the time of construction.
(Prior Code, § 12.06) (Ord. 002, fourth series, passed 12-21-2021)