The subdivider shall be responsible for the installation and/or construction of all improvements required by the city, and shall warrant the design, material and workmanship of such improvements, installation and/or construction for a period of four (4) years from and after completion for concrete pavement, and four (4) years from and after completion for sanitary sewer, water main, and storm sewer. Such warranty shall be by bond or other acceptable collateral; and shall be subject to review by the city attorney (waterworks legal counsel for water mains); shall specifically assure the expedient repair or replacement of defective improvements under warranty; and shall indemnify the city (waterworks for water mains), from any and all costs or losses resulting from, contributed to, or arising out of such defective improvements.
Before the council approves the final plat, all of the foregoing improvements, except water mains, shall be constructed and accepted by formal resolution of the city council. Water mains shall be constructed in a manner prescribed by the West Des Moines waterworks and the mains shall be accepted by formal resolution of the waterworks board of trustees. Before passage of said resolution of acceptance by the city council, the city engineer shall report that the improvements to be accepted by the city meet all city specifications and ordinances or other requirements and agreements between the subdivider and the city. The waterworks general manager shall prepare a similar report with respect to water mains, which report shall be the basis for passage of an acceptance resolution by the waterworks board of trustees.
This requirement may be waived if the subdivider will post a cash bond or certified check with the city (or waterworks for water mains) guaranteeing that said improvements will be constructed within a period of one year from final acceptance of the plat; however, if a certified check or cash bond is posted, final acceptance of the plat will not constitute final acceptance by the city (or waterworks for water mains) of any improvements to be constructed. Improvements will be accepted only after their construction has been completed and is inspected by appropriate city or waterworks personnel certifying the improvements have been completed in conformance with specifications, standards, and ordinances. No public funds will be expended (except in traffic signage) in the subdivision until such improvements have been completed and accepted by the city (waterworks for water mains).
The amount of the bond or certified check shall not be less than the estimated cost of the improvements, including all inspection services and tests conducted by the city (or waterworks for water mains) and the amount of the estimate of the bond or certified check must be approved by the city engineer (waterworks general manager for water mains).
The council may waive the requirements of this chapter for the construction and installation of some or all of the improvements in cases of resubdivisions where only the size, shape and arrangement of the lots is being changed; provided, however, such waiver shall be limited to existing improvements in good repair as determined by the city engineer. Improvements not existing or in poor repair shall meet the requirements of this chapter.
A. Sidewalks And Crosswalks:
1. Sidewalks:
a. The intent and purpose of this section is to establish the regulations regarding the installation of public sidewalks and pathways in the city to ensure the orderly and harmonious development of a citywide sidewalk system in existing and new developments in such a manner as to provide a comprehensive sidewalk system that will safeguard the public's health, safety and general welfare.
b. Notwithstanding any other provisions of this code, all dwellings, nonresidential buildings and uses, whether occupied or unoccupied, shall have, after adoption of this ordinance, a permanent sidewalk built for the entire width and/or length of the lot or lots upon which the dwelling, nonresidential building or use is located, and the sidewalk(s) shall be built for the entire width and/or length of all sides of any lot or lots which abut a public or private street or roadway.
(1) Public Sidewalks: Sidewalks and pathways along public streets shall be installed on both sides of a roadway in accordance with design standards as adopted by the city.
(2) Private Sidewalks:
(a) Adjacent to Private Streets and Interior Vehicular Roadways: Sidewalks shall be installed on both sides of a private street or an interior vehicular roadway in accordance with design standards for public sidewalks except that said sidewalks shall be allowed to be located a minimum of five feet (5') from the edge of the roadway.
(b) Adjacent to Parking: Sidewalks and pathways immediately adjacent to head-in parking are not required to be located five feet (5') from the curb edge; however, if the sidewalk or pathway is located immediately adjacent to the curb, said sidewalk width must be increased to a minimum of six feet (6') to accommodate vehicle bumper overhang while still providing a minimum of four feet (4') of clear pedestrian pathway.
c. At such time that eighty percent (80%) of a plat or subdivision is developed, the property owner(s) of any undeveloped parcels, upon written notification by the city, shall install the required sidewalk(s) on their property within one hundred twenty (120) days of the notification by the city. After expiration of the one hundred twenty (120) day period, the city may take any legal action necessary to proceed with the installation of the sidewalk(s) and assess the cost of the installation and any legal expenses, as allowed by law, as a lien against the property.
d. In the event that no grade has been set or there is no curb and gutter on the street or roadway upon which the sidewalk(s) is to be placed, the council may defer the sidewalk requirement on application of the affected property owner(s) and upon the affected property owner(s) signing an agreement to install such a sidewalk(s) within one hundred twenty (120) days after the property owner(s) has been notified that a curb and gutter has been installed and/or that the grade has been set. The agreement shall be verified and placed on record in the office of the county recorder of the applicable county, and shall be a covenant running with the land, and shall be binding upon the heirs, assigns, and successors of the property owner.
e. At the discretion of the city council, the installation of any required sidewalk(s) may be deferred or waived when an off street bike/pedestrian trail has been identified on the comprehensive plan or on the trails master plan adjacent to the subject property. In the event that the sidewalk installation is deferred or waived, the property owner shall provide assurances, acceptable to the city, for the cost equivalent to the cost of installing the public sidewalk(s), that can be combined with other funding sources available to the city, for the installation of the off street bike/pedestrian trail.
f. When the strict application of standards or requirements established by this section would cause substantial hardship or impose unreasonable restrictions regarding the installation of a sidewalk(s) because of natural or physical conditions or limitations not created by the property owner, at the request of an applicant, developer, or property owner, the City Council may grant such deferrals and/or waivers from these standards or requirements as may be necessary. At such time when the conditions or limitations are eliminated, the property owner(s) will be required to install such sidewalk(s) within one hundred twenty (120) days after written notification by the City.
g. Any waiver or deferral that is granted by the city council shall be recorded by the city as a matter of public record at the office of the county recorder of the applicable county.
h. The enforcement of this section shall be by special assessment pursuant to division IV of the Iowa Code chapter 384.
2. Crosswalks: Where any block in a subdivision shall exceed nine hundred feet (900') in length, the subdivider may be required, if such is deemed necessary by the commission and council, to provide an interior pedestrian walkway of not more than twelve feet (12') in width, near the center and entirely across the block in its short dimension, for the purpose of access to schools, commercial areas, churches, parks, and other public facilities.
B. Sewer: Where a public sanitary sewer is reasonably accessible, the subdivider shall provide each lot in the subdivision with connection to the sewer. Further, where the existing sewer may be reasonably extended through the subdivision so as to provide for continuous future development, such provisions shall be made.
Prior to issuance of a building permit by the building official, the owner of any lot not served by sanitary sewer shall cause to be filed, with his permit application, copies of the soil percolation tests for the private sanitary disposal system and the approval required of said system by the Polk County health department. The building official shall retain the Polk County approval and forward the soil percolation results to the city engineer's office for his files.
C. Utility Cables: All utility cables, except for electrical lines of nominal voltage in excess of fifteen thousand (15,000) volts, shall be required to be installed underground in residential, commercial, and office park subdivisions as herein specified.
1. Residential Subdivisions: Utility cables shall, as a general rule, be placed at the rear or side of respective lots within an area of perpetual easements reserved for this purpose. Where, in the determination of the council, certain conditions of soil, topography, or other circumstances exist to make the aforementioned easement locations unreasonable or impractical, utility cables may be installed at the front of the lot in an area dedicated for perpetual easement or in the public right of way, provided said installation does not interfere with any other existing or proposed utilities.
2. Commercial, Office And Apartment Subdivisions: Utility cables shall be placed underground in such a manner as to maintain ease of service and accessibility to all lots and structures, but shall not be restricted to easements abutting property lines. Where said utility cables are located or proposed to be located in public rights of way, they shall be so placed so as not to interfere with other existing or proposed utilities.
3. Waiver Of Underground Provision: Where it is determined that this provision requiring the installation of underground utilities would not be practical because of unusual conditions and/or the installation would cause unnecessary hardship upon a developer and/or individual property owners, the council may, after receiving a recommendation from staff, waive this provision.
4. Additional Easement: In RE areas, the subdivider may be required to provide an additional twenty foot (20') utility easement outside the public right of way line, if in the determination of the city engineer such is necessary to protect the roadway, especially ditch sections of rural type construction.
D. Water Mains: Public water shall be required on all subdivisions, and in all zoning classifications, except for lots in excess of ten (10) acres. Public water shall not be required for any lots already platted and of record as of April 17, 1978, provided said lots shall meet the minimum space requirements for the zoning district of which said lots are a part. (Ord. 1131, 5-22-1995; amd. Ord. 1178, 4-22-1996; Ord. 2527, 7-5-2022; Ord. 2589, 12-4-2023)