A. A master association shall be established by the developer(s) for the property encompassing the Village Of Ponderosa. The master association shall be responsible for the ongoing upkeep and maintenance of any privately owned common grounds, structures and signs as outlined in the association documents and any other specific development improvements noted as the association's responsibility in this ordinance. At the option and discretion of the developer(s), an association or associations having jurisdiction over subareas or units located within the Village Of Ponderosa may be established and which shall have the same responsibilities regarding the privately owned common grounds, structures and signs outlined in the association documents and any other specific development improvements noted as the association's responsibility in this ordinance unless specifically excluded by the association documents or this ordinance.
Unless otherwise specifically noted or delineated, "developer", "master association" and "association" shall have equal responsibility for the obligations specifically set forth in this section or as generally noted in this ordinance. Unless otherwise specifically noted or delineated, the terms "developer", "master association" and "association" shall be interchangeable in regard to the obligations imposed by this ordinance.
B. Unless otherwise specifically approved by the city council, the developer(s), its successors and/or assigns, if any, shall pay all planning, engineering, and construction costs for the development of the planned unit development as required by this ordinance, and shall pay all costs related to approved site plans, which may include, but is not limited to, the cost of all streets, storm sewers, sanitary sewers, water mains and service lines, drainageway improvements, detention basins, buffers, and other improvements as required. 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(s), its successors and/or assigns, if any, from entering into private agreement(s) as it/they may desire to share the cost of improvements.
C. At the time of final platting, the developer(s) shall enter into an agreement with Mid American Energy for the installation of public streetlights along all public streets within and abutting the Village Of Ponderosa specific plan area. Surety to ensure installation of the public streetlights shall be provided to the city prior to approval and recordation of the first final plat. Installation of public streetlights shall occur in conjunction with construction of the public street. Installation of private streetlights shall occur in conjunction with development of adjacent parcels within the Village Of Ponderosa.
D. A public access easement or easements in favor of the city of West Des Moines allowing unrestricted public access and use of the proposed private streets, excluding specified areas described in the easement document, trails, and sidewalks within the Village Of Ponderosa specific plan shall be executed prior to the approval and recordation of the first final plat and in conjunction with the approval and recordation of any future plat(s). The developer(s) and the city shall execute separate easement documents in which the rights and responsibilities of the parties shall be delineated.
E. The developer(s) shall execute an agreement and waiver for the developer's proportionate share of the cost of installation of all improvements associated with the 60th Street improvement project lying west of and adjacent to development.
F. The cost of installation of traffic signals located within the development shall be the responsibility of the developer(s). The cost of installation of traffic signals as shown in exhibit 5 shall be the responsibility of the developer and abutting property owners pursuant to the assessment policy of the city, of which the city shall have no financial responsibility whatsoever.
G. The developer(s) shall be responsible for the maintenance of the area encompassing the roundabout and related public right of way, including the splitter islands, and the developer(s) and the city shall execute a separate easement document in which the rights and responsibilities of the parties shall be delineated.
H. The developer(s) shall be responsible for all maintenance and replacement of public and private street signage, including the provision of street sign poles. The developer(s) shall also be responsible for maintaining an adequate inventory of signs, poles and related items.
I. Developer's responsibilities include all obligations contained in this section as well as those responsibilities set forth in this ordinance. (Ord. 2093, 6-1-2015)