(A) Improvements in partitions. The same improvements shall be installed to serve each building site if a partition is required of a subdivision.
(B) Improvement procedures. In addition to other requirements, improvements installed by a developer either as a requirement of these regulations or at his or her own options shall conform to the requirements of this chapter and improvement standards or specifications adopted by the city and shall be installed in accordance with the following procedure:
(1) Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the proposal, the plans may be required as part of approval of subdivision tentative plan approval;
(2) Improvements shall be constructed under the inspection and to the satisfaction of the Council. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant the change;
(3) Underground utilities, sanitary sewers and storm drains installed in streets shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length minimizing the necessity for disturbing street improvements when service connections are made; and
(4) A map showing public improvements as built shall be filed with the city upon completion of the improvements.
(C) Cost allocation for improvements. All improvements shall be installed at the expense of the developer. If water, sewer, storm water or drainage, street or other improvements are required to be larger than necessary to serve the development in order to provide service to abutting areas, if financially feasible, the city may agree to pay the cost of additional materials required.
(D) Performance agreement. If all improvements required by the Planning Commission in this chapter are not completed according to specifications prior to the time the final plat is duly submitted for consideration and approval, the Council may accept, in lieu of completion of improvements, a performance agreement and one of the following:
(1) Financial surety.
(a) A bond executed by the developer and his or her surety company including the city as a third party for bond release purposes, conditioned upon faithful performance and completion of all such improvements within a period of time stated in the performance agreement and approved by the Council;
(b) An agreement, duly signed and executed by the developer, assigning his or her account in a legal savings institution in the State of Oregon to the City of Union; and
(c) A cash deposit with the City of Union guaranteeing completion of the improvements.
(2) The performance agreement shall contain the following procedures and provisions relating to completion of the improvements.
(a) The developer’s engineer shall prepare cost estimates on completion of roads and utilities. Road cost estimates shall be based upon road standards as designated in this chapter. Sewer and water system improvement estimates shall be based upon designs approved by the city or state. All cost estimates shall be stamped or sealed by the engineer who prepared them.
(b) Estimates shall be submitted to the Council and shall be limited to a maximum of one year for completion of improvements. If the improvements are not completed within the specified time, the city may complete the work and recover the full costs and expenses thereof from the developer. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions. Minimum units prior to occupancy will be the completion of one block of frontage.
(c) The Council may send cost estimates for review, as they deem necessary.
(d) The bond or cash deposit shall be 25% greater than the estimated cost of construction of the improvements. The Council shall notify the developer as to the amount of the bond or cash deposit and other performance agreement requirements as to any changes necessary for bond acceptance. The performance agreement shall determine the completion required of utility improvements before residents may occupy the development.
(e) The developer shall submit the bond, cash deposit or savings account information and the performance agreement to the City Recorder.
(f) Release of the bond, or release of a portion of the cash deposit or the savings account, may be made by Council action and in response to a written request for the release upon determination that improvements have been completed in accordance with the performance agreement.
(Ord. 418, passed 3-12-1990; Ord. 481, passed 9-13-2004)