The Aviva USA-city of West Des Moines development agreement identifies responsibilities for public improvements associated with the initial development of the Aviva project site (area 2 and adjacent public streets). Public improvements associated with and necessary for the development of area 1 shall be the responsibility of the developer, its successors or assigns, if any. The developer of area 2 shall construct necessary improvements not otherwise assigned in the development agreement at his/her cost, and if for general public use, dedicate to the city all sanitary sewer mains, water mains, and storm sewers associated with development as required by the city of West Des Moines' subdivision ordinance in accordance with applicable city design standards. All necessary easements to allow city access to public utilities for maintenance and repair purposes shall be executed prior to approval and recordation of a final plat or site plan for each respective area or shall be executed as a blanket access agreement prior to the approval and recordation of the associated final plat. Unless otherwise specified within a specific easement document, the city shall not be responsible for reimbursement, restoration and/or replacement of any improvements located within the public easements should the city be required to excavate the public utilities for normal city operations. No occupancy permits, either temporary or permanent, shall be issued until all necessary public improvements applicable to the area/lot or structure requesting occupancy are installed and accepted by the city of West Des Moines. Nothing in this ordinance shall be construed to prevent the developer, its successors and/or assigns, if any, from entering into private agreement(s) as it/they may desire to share the cost of improvements.
The placement of public utility easements within buffer parks, streetscapes and under landscape islands or pods within parking areas is discouraged due to the potential conflict between trees and the need to access the lines for repair. Overstory trees should be placed off utility lines a minimum distance equal to the one to one (1:1) excavation trench necessary for the deepest utility. Adequate access for maintenance vehicles shall be provided into and through the easement areas. (Ord. 1810, 8-11-2008)