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ARTICLE 50 EXTENT AND MANNER OF CONSTRUCTING OR INSTALLING PHYSICAL IMPROVEMENTS |
Section
1. General
: As a condition to the approval of a final plat, the
subdivider shall agree to install the following improvements.
1.
Streets:
Streets shall be surfaced with concrete, asphaltic concrete or
materials approved by the City or County, whichever jurisdiction shall apply,
and shall include the curb, gutters and storm sewer inlets.
No grading or other construction shall take place within a street
right-of-way until the construction plans have been examined by
the City Engineer and approved. All
street pavings shall be located in the center of the right-of-way.
All street construction shall conform to the specifications of the
Governing Body, and compliance therewith shall be confirmed by the City or
County Engineer prior to release of surety by the Governing Body.
2. Storm Drainage:
The subdivider shall install culverts, storm sewers, rip‑rap
slopes, stabilized ditches, and these and other improvements shall comply with
the minimum standards of the Governing Body and such plans shall be examined
by the City or County Engineer and approved prior to construction.
3. Water:
Where an approved public water system is proposed to serve the
subdivision, said water lines shall be installed in proper easements or within
the limits of the street and alley right-of-way and shall be of a
size as approved by the City. Water mains will be supplied and installed by
the City for the subdivisions located inside the City Limits.
4.
Sewers: Where
an approved public sanitary system is proposed to serve the subdivision, the
sewer system shall be constructed to provide service to each lot within the
subdivision. The system of mains
and laterals shall collect the sewage within the subdivision and discharge it
into a community disposal system approved by the City and State Department of
Health and Environment.
5. Street
Signs: Street signs will be
supplied and erected by the City or County, whichever jurisdiction shall
apply.
6. Other Utilities:
The subdivider shall be responsible to provide for and pay the full
cost for the proper installation of all required utilities, including fire
hydrants, natural gas, electricity and telephone service. Such utilities shall be installed according to the
specifications of the controlling utility company or public agency, and must
be placed underground in residential districts unless otherwise approved by
the governing body.
7. Street Lighting:
The City shall install street lighting in accordance with the
recommendations of the City Engineer.
8.
Sidewalks:
Sidewalks shall be installed on both sides of all streets and shall
have a minimum width of four (4) feet and shall comply with the specifications
of the Governing Body. Sidewalks
shall be located in the platted street right‑of‑way, or in any
pedestrian easements as may be required by the Planning Commission.
Sidewalks may be constructed at the time of street construction or at
the time of construction under individual lot building permits.
9. Permanent Monuments:
Permanent monuments shall be placed at all lot and block corners, angle
points, point of curve in streets, and at intermediate points as required
prior to the final acceptance of the plat by the City. Said permanent monuments shall be 3/4 inch iron bars or pipe,
eighteen (18) inches long, and shall be set with top of monument flush with
existing ground line. Lot pins on
alley lines may be delayed to follow completion of utility placement.
Where major grading is to be done, a formal agreement for monument and
pin placement may be approved by the City.
10. Other Improvements:
If other improvements are required, such as tree planting, retaining
walls, drainage structures, etc., such improvements shall be made in
accordance with the recommendations of the Planning Commission and
specifications of the City, or County, whichever jurisdiction shall apply.
11. Discuss Class A. B. & C. improvement variables with City.
Section 5. Exceptions for Existing Improvements :
1. Where the proposed subdivision is a
resubdivision or concerns an area presently having any or all required
improvements as previously set out, and where such improvements meet the
requirements of this article and are in good condition as determined by the
Governing Body upon its consideration of the opinion of the City or County
Engineer, no further provision need be made by the subdivider to duplicate
such improvements. However, where such existing improvements do not meet said
requirements as determined by the Governing Body upon its consideration of the
opinion of the City or County Engineer, the subdivider shall provide for the
repair, correction, or replacement of such improvements so that all final
improvements will then meet said requirements as determined by the Governing
Body.
2. Where the proposed subdivision is a
resubdivision or concerns an area presently abutting or continuing any
existing public street of less than the minimum required
right‑of‑way width or roadway width, land shall be dedicated so as
to provide a minimum street right‑of‑way width established by
these regulations and/or by the policy of the Governing Body, and the
subdivider of such proposed subdivision shall provide an additional roadway
pavement meeting the minimum standards set by these regulations and the
Governing Body. The Governing
Body shall determine what adjustment to make where the aforesaid widenings
merge with existing streets which are of smaller width at the boundary of such
proposed subdivision. The
Governing Body may reduce the minimum roadway width if the extension of such
roadway is already improved at each end of the roadway in the subdivision and
the roadway in the subdivision to be reduced is two (2) blocks or less in
length.
Section
10. Construction Financing
: In lieu of construction of the above required public
improvements the Governing Body of the City, or County, may, prior to their
acceptance of dedications and approval of the final plat, accept one of the
following alternate methods of financing:
1.
A corporate surety bond, cashier's check, escrow
account, letter of credit or other like security, in an amount to be fixed by
the Governing Body and conditioned upon the actual completion of such work or
improvements within a specified period. Such
surety shall be properly executed prior to any grading or construction and
shall be released in segments upon written approval of the City.
The Governing Body may enforce such bond by all equitable remedies.
2.
A petition properly executed by the property
owners, may be presented to the Governing Body for approval.
If the Governing Body approves the petition, the improvements will be
installed by the Governing Body and the cost will be assessed against the
subdivided property.
Section
15. Building Permits
: Unless the required improvements have been installed or
guaranteed by a bond or special assessment petition for a lot or tract, no
building permits shall be issued for that lot or tract.
Section
20. Occupancy or Zoning Permits
: No occupancy or zoning permit shall be issued until all
improvements have been installed.
Section
25. Plans and Specifications
: Upon the approval of the final plat, the subdivider shall
have prepared by a licensed professional engineer, engineering drawings for
proposed required improvements containing the data and information specified
below:
1. Content of Engineering Drawings: Engineering drawings for required improvements shall contain
the following data and information.
(a)
Plans, profiles, details, specifications and cost estimates for roadway and
sidewalk construction, including plans and profiles for each street with a
typical cross section of the roadway. The
profiles of grade lines shall be shown to a scale of 1" = 50' horizontal,
and 1" = 5' vertical. This
information shall be shown on standard plan and profile sheets unless
otherwise required.
(b) Plans, profiles, details, specifications and cost estimates of
proposed storm drainage improvements.
(c) Plans, profiles, details, specifications and cost estimates of
proposed water distribution systems and proposed water supply facilities and
hydrants, if any.
(d) Plans, profiles, details, specifications and cost estimates of
sewerage systems and of any required sewage treatment facilities.
(e) Grading plans which shall indicate plans for handling drainage for
all lots and other sites in the subdivision.
(f) When unusual site conditions exist, the Governing Body may require
such additional plans, specifications and drawings as may be necessary for an
adequate review of the improvements to be installed.
(g) All plans shall be based on U.S.G.S. datum for vertical control. If any other datum is used, that datum shall be clearly noted on the plans.
2. Review of Plans:
The City or County Engineer shall review all engineering drawings in
order to advise the Governing Body as to whether or not such drawings are
consistent with the approved final plat and comply with their design
standards. The City or County
Engineer shall forward to the Governing Body a notice stating its opinion. In the event that it is its opinion that the drawings do not
so conform or comply, the City or County Engineer shall notify the Governing
Body of the specific manner in which such drawings do not so conform or
comply. After consideration of
the City or County Engineer's opinion, the Governing Body shall notify the
subdivider as to whether or not the drawings are consistent with the approved
final plat and comply with their design standards and, if not, of the specific
manner in which such drawings do not so conform or comply.
The subdivider may then correct any defective drawings and resubmit the
corrected drawings. The final
plat shall not be filed until the engineering drawings have been approved by
the Governing Body.
Section
30. Construction of Improvements
: No improvement shall be constructed nor shall any work
preliminary thereto be done until such time as a final plat has been approved
by the Planning Commission and the engineering drawings accompanying it shall
have been approved by the Governing Body and there shall have been compliance
with all of the requirements relating to an agreement, bond, or deposit
specified in these regulations.
Section
35. Inspection
: All improvements constructed or erected shall be subject to
inspection by the City or County Engineer or its designated representative
responsible for setting and enforcing the applicable design and construction
standards of the required improvement. The
subdivider shall pay all inspection fees as established by the Governing Body.
After
such inspection has been made, said official shall notify the Building
Inspector of his or her opinion thereof.
If the Governing Body shall determine, after consideration of the
opinion of the official, that such work does not comply with the approved
engineering plans and specifications, the Governing Body shall so notify the
subdivider, and may require the subdivider to terminate all further work until
necessary steps are taken to correct any defect, deficiency, or deviation to
the satisfaction of the Governing Body.
Section
40. Final Inspection
: Upon completion of all improvements within the area covered
by the final plat, the subdivider shall notify the City which shall thereupon
conduct a final inspection of all improvements installed.
If the Governing Body shall determine that there are defects,
deficiencies, or deviations in any such improvements as installed, or if there
are any deviations in such improvements as installed from the approved
engineering plans and specifications, the Governing Body shall so notify the
subdivider in writing, and the subdivider shall, at its sole expense, correct
such defects, deviations, or deficiencies.
When such defects, deficiencies, or deviations have been corrected, the
subdivider shall notify the Governing Body that the improvements are ready for
final reinspection.
Section
45. Acceptance of Improvements
: Upon the determination by the Governing Body that there are
no defects, deficiencies, or deviations in the improvements, and that all
improvements have been installed in conformance with the approved engineering
drawings, and with the requirements of these regulations, and all other
applicable statutes, ordinances, and regulations, the Governing Body and/or
such appropriate utility shall thereupon by resolution or by letter,
respectively, formally accept such improvements. The improvements shall become the property of the Governing
Body or appropriate utility company involved.
Section
50. Improvement Maintenance
Guarantee
: Prior to the acceptance by the Governing Body of the
improvements installed by the subdivider as required herein, the subdivider
shall provide one of the following:
1. Maintenance bond written by a bonding company; or
2. Cash deposited in escrow from which the
subdivider would be entitled to any interest income; or
3. Upon approval by the Governing Body, a
personal surety bond; or
4. A Letter of Credit - guaranteeing each
improvement that the subdivider installs or has installed against defects in
workmanship and materials for a period of two (2) years from the date of
acceptance for such improvements. Such
guarantee shall be in the amount of twenty percent (20%) of the estimated cost
of the improvements, but shall not be less than two hundred fifty dollars
($250.00) per lot, and shall be filed with the City or County Engineer prior
to the acceptance of the improvements by the Governing Body.