(A) Improvement required. Prior to the approval of a plat by the Council, the subdivider shall have agreed, in the manner set forth below, to install, in conformity with approved construction plans and in conformity with all applicable standards and provisions of this code of ordinances, the following improvements on the site.
(1) Survey monuments. All subdivision boundary corners, block and lot corners, road intersection corners, and points of tangency and curvature shall be marked with survey monuments meeting the minimum requirements of state law. All United States, state, county, and other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position unless a relocation is approved by the controlling agency.
(2) Streets. The street shall be graded to the grades and dimensions shown on plans and profiles approved by the Council and shall include the following improvements:
(a) Suitable drainage structures, culverts, storm sewers, ditches, and related installations such as designated lots for runoff basins, shall be provided to ensure adequate drainage of all points along the streets;
(b) All streets shall be surfaced with stabilized gravel to a surface width as approved by the Public Works Director; and
(c) When a street within a subdivision has 35% or more of the lots sold and buildings are constructed and occupied by individual property owners, the property owners may petition the city to pave their streets and install curb and gutter. The costs for paving and installing curb and gutter shall be borne by special tax assessments against those property owners. Petition for street paving may occur if less than 35% of the subdivision is occupied when the subdivision developer(s) are also in favor of such street improvements by special tax assessments.
(3) Storm drainage. The construction of a storm drainage system shall conform to specification by the Public Works Director. When storm sewers are not installed in a subdivision, areas within the subdivision shall be designated as runoff basins to ensure adequate drainage of all points along a street.
(4) Water mains. Where mains from a public water system are available, as determined by the Council, the subdivider shall be required to install water mains with a connection for each lot.
(5) Public sanitary sewer. In all cases where trunk line sanitary sewer facilities are available, the subdivider shall be required to install sanitary sewers in the plan and convert the same to such trunk line sewer. If such facilities are not available but it is expected that they will be within five years, the Council may require that such sewers, together with all necessary laterals extending from the main sewer to the street curb shall be installed and capped for future connection as services become available. In the event the subdivider may also install on-site disposal units provided they are so located as to permit easy and the least expensive connection to the sewer when it becomes available and usable. When such on-site units are installed, the subdivider shall provide underground plumbing to extend three feet beyond the footing, which plumbing shall be plugged. The area around the stack shall be scored so that the septic tank line can be disconnected and connection can be made with the public sanitary sewer system.
(B) Payment for installation of improvements. The required improvements as listed elsewhere are to be furnished and installed at the sole expense of the subdivider with provision available for financing by the city under the “special assessment policy”. Further, if any improvement installed within the subdivision will be of substantial benefit to lands beyond the boundaries of the subdivision, provision may be made for causing a portion of the cost of the improvement, representing the benefit of such lands, to be assessed against the same. In such a situation, the subdivider will be required only to pay for such portion of the whole cost of said improvements as will represent the benefit to the property within the subdivision.
(C) Agreement providing for the installation of improvements.
(1) Prior to the installation of any required improvements and prior to approval of the plat, the subdivider shall enter into a contract in writing with the city requiring the subdivider to furnish and construct said improvements at his or her sole cost and in accordance with plans and specifications and usual contract conditions.
(2) This shall include provision for supervision of details of construction by the engineer and shall grant to the engineer authority to correlate the work to be done under said contract by any subcontractor authorized to proceed thereunder and with any other work being done or contracted by the city in the completion of part or all of the improvements covered thereby prior to acceptance of the plat.
(3) The time for completion of the work and the several parts thereof shall be determined by the Council, upon recommendation of the Public Works Director, after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision.
(D) Construction plans and inspection.
(1) Construction plans for the required improvements conforming in all respects with the standards and provisions of this code of ordinances shall be prepared at the subdivider’s expense by a professional engineer who is registered in the state, and said plans shall contain his or her certificate. Such plans, together with the quantities of construction items, shall be submitted to the engineer for his or her approval and for his or her estimate of the total costs of the required improvement. Upon approval, such plans shall become a part of the required contract. The tracings of the plans approved by the engineer, plus two prints shall be furnished to the city to be filed as a public record.
(2) All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the Public Works Director at the subdivider’s expense, and acceptance by the Council shall be subject to the engineer’s certificate of compliance with the contract.
(E) Trunk facilities. Where a larger size water main, sanitary sewer, storm drain, or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost is to be borne by the benefitting properties. The assessments are to be determined accordingly by the Council.
(F) Alternate installation and incomplete improvements.
(1) It is hereby the announced policy of the Council that full and complete utility systems be installed in all needed areas as soon as is practicable and feasible. Accordingly, the city shall order in such improvements as soon as it is practicable after final approval of a subdivision with installation within the subdivision of such improvements as may be determined to be necessary.
(2) In the event of small subdivisions or in subdivisions in which development may proceed slowly, or in other events in which the construction of surfaced streets, sidewalks, utility lines, or other improvements is clearly not feasible, immediately following the approval of the plat, the Council may elect to commence assessment proceedings, or otherwise move to finance and install improvements when the subdivision is developed to the point of warranting the improvements.
(3) Such improvements are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience, and general welfare.
(2006 Code, § 12.11) (Ord. 30, 3rd Series, passed 6-23-1983)