The developer, its successors or assigns, if any, shall construct at its cost, and if for general public use, dedicate to the city all sanitary sewer mains, water mains, and storm sewers associated with the Mills Crossing 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 of an overlay district site plan for each PUD parcel, shall be executed as a blanket access agreement prior to the approval of the first overlay district site plan, or prior to the approval and recordation of the first 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 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 and landscape islands within parking areas is discouraged due to the potential conflict between trees and the need to access the lines for repair. Overstory and understory 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. 2060, 11-3-2014)