A. Completion Of Improvements: Before the final plat is signed by the mayor and city clerk, all applicants shall be required to complete, in accordance with the city council's decision and to the satisfaction of the city engineer, all the street, sanitary and other improvements including lot improvements on the individual lots of the subdivision as required in these regulations, specified in the final subdivision plat, and as approved by the city council, and to dedicate same to the city, free and clear of all liens and encumbrances on the property and public improvements thus dedicated.
B. Contract And Waivers: The planning, programming and zoning commission, in its discretion, may waive the requirement that the applicant complete and dedicate all public improvements prior to the signing of the subdivision plat, and that, as an alternative, the applicant establish appropriate contract and waivers at the time of application for final subdivision approval.
1. Temporary Improvement: The applicant shall build and pay for all costs of temporary improvements required by the city and shall maintain same for the period specified by the city.
2. Permanent Improvement: Where a subdivision or replat is proposed along an existing right of way and the street is not improved to the minimum requirements of the city engineer, contract and waivers shall accompany the plat which provide for the future improvement for that portion of the street. If the subdivision is on both sides of the existing street, the street shall be required to be improved in accordance with this title.
C. Costs Of Improvements: All required improvements shall be made by the applicant, at his expense, without reimbursement by the city or any improvement district therein, unless otherwise requested prior to the approval by the planning, programming and zoning commission of the preliminary plat.
D. Governmental Units: Governmental units to which these contract provisions apply may file in lieu of said contract a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this section.
E. Failure To Complete Improvement: For subdivisions for which contracts and waivers have been filed, if the improvements are not completed within the period specified by the city, normally two (2) years but subject to the recommendations of the city engineer and city council, the city may thereupon require that all the improvements be installed regardless of the extent of the building development at the time the contract is declared to be in default.
F. Acceptance Of Dedicated Offers: Acceptance of formal offers of dedication of streets, public areas, easements and parks shall be by resolution of the city council. The approval by the planning, programming and zoning commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the city of any street, easement or park shown on said plat until such time as the city council formally accepts said plat. (Ord. 2997, 11-20-1978)
A. Final Inspection: The city engineer shall determine the method in which the final inspection of the required improvements will be made to ensure their satisfactory completion. If the city engineer finds, upon completion of the inspection, that any of the required improvements have not been constructed in accordance with the city's construction standards and specifications, the applicant shall be responsible for completing the improvements. Wherever the provision of improvements is covered by a contract and waiver agreement, the applicant shall be financially liable for completing the improvements according to specifications.
B. Release; Certificate Of Satisfactory Completion: The city council will not accept dedication of required improvements, until the city engineer has submitted a certificate stating that all required improvements have been satisfactorily completed and until the applicant's engineer or surveyor has certified to the city engineer through submission of detailed as-built survey plats of the subdivisions, indicating location, dimensions, materials and other information required by the planning, programming and zoning commission or city engineer and that the layout of the line and grade of all public improvements is in accordance with construction plans for the subdivision. Upon such approval and recommendation, the city shall thereafter accept the improvements for dedication in accordance with the established procedure. (Ord. 2997, 11-20-1978)
A. The applicant shall be required to maintain all improvements on the individual subdivided lots and provide for snow removal on streets and sidewalks, if required, until acceptance of said improvements by the city council. If there are any certificates of occupancy on a street not dedicated to the city, the city may, on twelve (12) hours' notice, plow the street or effect emergency repairs and charge same to applicant.
B. The applicant, for each subdivision submitted, shall be required to furnish one good and sufficient maintenance bond for the installation of all public improvements within the subdivision, including streets, curbs and gutter, sanitary sewer and storm sewer, according to city specifications and for the repairs necessitated by defects in materials or workmanship during a time period not to exceed two (2) years from and after acceptance of the completion of the improvements by the city council; and said bond shall be in an amount considered adequate by the city engineer and in a form satisfactory to the city attorney. (Ord. 2997, 11-20-1978; amd. Ord. 3077, 4-7-1980)
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