(a) (1) Each applicant who shall submit a final plat for a proposed subdivision, shall pay the City of Waterville a fee as determined from time to time by Council for review of said final plat by the staff and other appointed officials for compliance with the regulations of the Waterville Planning and Zoning Code and other applicable Municipal regulations.
(2) For the purpose of this section, “staff” shall be defined as those employees and officials who read and study plans for determining compliance with Municipal regulations. Said individuals may include, but are not limited to, the Municipal Administrator, Administrative Assistant(s), City Engineer, Fire Chief, Fire Inspector, Police Chief, Public Works Director, and any other individuals whose review may be deemed necessary by the Municipal Administrator.
(3) Failure of any applicant to assume and pay charges contemplated by this section shall be cause for the Municipality to refuse to issue zoning and occupancy permits.
(Ord. 41-05. Passed 10-24-05.)
(Ord. 41-05. Passed 10-24-05.)
(b) Performance Guarantees in Lieu of Prior Installation. All improvements such as streets, utilities, monuments and other facilities required under the standards of Chapter 1119 shall have been completed to the satisfaction of Council before submission of the final plat for approval. In those cases in which Council specifically concludes that the public interest can best be served by permitting the improvements to be constructed subsequent to approval of the final plat, the subdivider shall have filed with the Municipal Administrator financial guarantees
sufficient to pay the total cost of constructing such improvements.
(1) Form of guarantees. The developer may, at the option of Council, execute and file with the City financial guarantees in lieu of actual installation or completion of the required site improvements and such guarantees may be one or a combination of the following as determined by Council: a performance or surety bond; a cash deposit pursuant to escrow agreement; a certified check; or negotiable bonds.
(2) Surety bonds. Bonds shall be executed by the applicant as principal with a surety company authorized in the State and in which the principal has no pecuniary interests either direct or indirect. The term and form of such bond shall be determined by Council and the Municipal Administrator with approval as to form of the Solicitor. The amount of such bond shall be determined by the City Engineer or consulting engineers employed by the City and shall be estimated in terms of the quantities called for or implied by the plans for the construction of the public improvements of the subdivision. The Engineer's and Solicitor's fees incurred by carrying out the conditions of this subparagraph shall be paid by the subdivider.
(3) Escrow. If the guarantee takes the form of a deposit of cash or other securities pursuant to an escrow agreement, the agreement shall be prepared by the Solicitor or approved as to form by him. The amount of such escrow deposit shall be determined by the City or a consulting engineer and shall be estimated in terms of the quantities called for or implied by the plans for the construction of the public improvements of the subdivision. The Engineer's and Solicitor's fees incurred by carrying out the conditions of this subparagraph shall be paid by the subdivider.
(Ord. 12-70. Passed 4-13-70.)
(4) Partial acceptance of the plat and completion bond or escrow agreement. When any portion of the improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or a partial withdrawal of funds equal to the estimated costs of such completed improvements, may be authorized, provided, however, that there shall be posted at the completion of the construction of the public improvements a maintenance bond or deposit pursuant to an escrow agreement executed by the developer under the conditions mentioned in subparagraph (3) hereof and in the amount of twenty-five percent (25%) of the estimated construction costs for such improvements. Such bond or escrow agreement shall provide indemnity to the City from any costs for maintenance of the improvements for two (2) years from the date of the bond or escrow agreement. (Ord. 01-13. Passed 2-11-13.)
(5) Failure to complete site improvements. In the event the developer fails to complete all improvements within two (2) years and according to the terms and conditions of these Subdivision Regulations and any conditions applied by Council to the construction plans, the City, upon proper notice, may complete the same and appropriate such portion of money or bonds posted for the faithful performance of such work.
(Ord. 02-16. Passed 2-22-16.)
(c) Council Certification. The Municipal Administrator shall have signed such final plat after approval by a majority vote of Council. The signature shall constitute a certification by Council that improvements have been made In a satisfactory manner or proper bonds Including a maintenance bond or escrowed funds provided. Such approval shall not constitute acceptance of the dedication of any streets, alleys, parks or other open grounds intended for dedication in the land being subdivided.
(Ord. 385. Passed 9-6-61.)
(Ord. 385. Passed 9-6-61.)
(d) Construction Plans. Construction plans for improvements to be installed shall be prepared by a qualified registered professional engineer and submitted in accordance with the specifications of these Subdivision Regulations and no improvements shall be installed until and unless such plans have been received and approved by the Municipal Administrator. Construction plans include, but are not limited to, the following data:
(1) The center line profile of each proposed street showing also the existing profile along such center line, together with tentative grades;
(2) The cross-section of each width street (If more than one width street will be used), showing the width of pavement, the location and width of sidewalks and the location and size of utility lines;
(3) The plans and profiles of proposed sanitary sewers and storm sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;
(4) A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;
(5) A drainage plan showing all existing and proposed storm sewers, manholes, catchbasins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with the pipe sizes and grades and water openings indicated thereon. There shall be submitted a drainage plan for the lots showing the proposed elevation of the home at ground level and the sloping therefrom to proposed watercourses or sewers, and such other data as required by the Municipal Administrator.
(Ord. 17-69. Passed 6-9-69.)
(Ord. 17-69. Passed 6-9-69.)
(e) Conflict of Laws. Nothing in subsection (d) hereof shall be construed to eliminate the requirements of Section 1117.04
, provided, however, that in the event of a conflict between the provisions of subsection (d) hereof and the provisions of Section 1117.04
, the provisions of subsection (d) hereof shall control.
(Ord. 12-70. Passed 4-13-70.)