(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 the owner, their heirs, personal representatives, and/or assigns, that the owner shall cause no private construction on the land, except with approval of the City Planner, 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 Community Development Director certifying that the described improvements, together with the agreements and required documents will meet the minimum requirements of all applicable city code provisions.
(c) A certified copy of the plat restrictions shall be filed with the County Recorder and Registrar of Deeds. The copy 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 Planner 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. Ch. 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 and all improvements. Prior to the making of the required improvements, the owner or subdivider shall deposit with the City Administrator-Clerk-Treasurer an amount equal to the Community Development Director’s estimated cost of any or all the 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 making of the improvements and all expense incurred by the city for engineering and legal fees and other expense in connection with the making of the improvements. All improvements may be required to be contracted through the city.
(B) Improvements. The following improvements shall be constructed as provided for in this section. The Community Development Director shall approve programming of improvements.
(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) Street lighting. The city shall construct street lighting, preferably after curb and gutter has been installed. If the developer desires additional or other type of lighting, the developer shall pay the increased cost.
(b) Signs. The city shall install street name signs and traffic-control signs.
(2) Obligation of the developer. The developer shall pay the proportionate amount of the following improvements on or for the subdivision or development. Financing shall be according to division (A) above.
(a) Site grading. The subdivider shall accomplish necessary site grading.
(b) Street grading. The subdivider shall accomplish street grading for the full width of the right-of-way. 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 Community Development Director.
(c) Street improvements. Street improvements including base, curb and gutter, boulevard sodding, inlets and leads, according to standard city specifications or as approved by the Community Development Director, shall be constructed. All required underground work should have preceded any permanent street improvements. The County Engineer shall approve any improvements on a county road. Temporary construction may at the discretion of the Community Development Director, be required, for just cause, on any street, streets, or portion of street. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereupon shall be subject to the approval of the Community Development Director. All costs incurred, for either temporary access of reconstruction, shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the Community Development Director.
(d) Sanitary sewer. Where 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 city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of city sewer in the installations. The information shall be recorded on the plat and in each deed so affected.
(e) Sanitary sewer subdivider expense. The subdivider shall install all sanitary sewers at their own expense and according to city specifications.
(f) Water main. 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 Wells Public Utilities Superintendent. 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.
(g) Trees. Boulevard trees, if desired, shall be installed by the owner or developer as approved by the Planning and Zoning Commission.
(Ord. 239, § 1510, passed 1-22-2000; Am. Ord. 6, Second Series, passed 7-23-2007) Penalty, see § 10.99