The text
DIVISION 1. - GENERALLY#
Secs. 20-303—20-322. - Reserved.#
DIVISION 2. - REQUIRED#
Sec. 20-323. - Installation standards.#
Subdivision improvements shall be installed in accordance with standards and requirements as hereinafter set forth. In lieu of actual construction of the improvements, a bond or other assurance may be furnished to the town by the subdivider at the time a subdivision map is accepted by the town, as a guarantee that the improvements will be constructed and paid for. (1)
All streets shall have sub-base, and two-inch oil mat 30 feet wide in accordance with town specifications.
(2)
Street drainage and drainage structures shall be provided in accordance with town specifications as required by the town council.
(3)
The subdivider shall install sanitary sewers as approved by the town council in compliance with town specifications.
(4)
Water mains having a diameter of not less than six inches shall be installed in accordance with standards as approved by the town council.
(5)
Easements shall be provided and fire hydrants installed to town specifications.
(6)
Underground utilities shall be installed within the subdivision. A subdivider may have the option of installing overhead utilities in any portion of the subdivision in which overhead utilities existed at the time of the presentation of the vicinity plat where such utilities could serve that portion of the subdivision.
(Ord. No. 96-02, § 9, 3-18-1996)
Sec. 20-324. - Engineering fees.#
The developer shall be required to pay to the city an inspection fee for inspecting improvements installed by the developer. The minimum inspection fee shall be computed at the rate of one percent of the cost of improvements.
(Ord. No. 96-02, § 10, 3-18-1996)
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Sec. 20-325. - Cost of improvements.#
Cost of improvements which are covered under the provisions of this section, as well as the cost of other improvements which the developer may install, shall be shared between the developer and the city, according to the following schedule: Facility City Developer
On-site easements and rights-of-way 0% 100%
Off-site easements and rights-of-way 100% 0%
On-site grading and drainage of streets 100% 0%
Off-site grading and drainage of streets Negotiations with town council Negotiations with town council
Bridges 100% for all minor streets 0%
Street and paving 100% 0%
Street signs 100% 0%
Electric utilities 100% 0%
On-site water line 100% up to and including 6" in
diameter All required oversize in excess of 6" in diameter
Fire hydrants 100% 0%
On-site sanitary sewer 100% up to and including 8" in
diameter All required oversize in excess of 8" in diameter
Off-site water line 100% up to and including 6" in
diameter, repayment to be subject to negotiations with town council All required oversize in excess of 6" in diameter
Off-site sanitary sewer 100% up to and including 8" in
diameter, repayment to be subject to negotiations with town council All required oversize in excess of 8" in diameter
Storm drains, canals and flood
channel protection Special negotiations with town
council Special negotiations with town
council
Parks Special negotiations with town
council Special negotiations with town
council
(1)
Exception is made when the street is a federal or state highway.
(2)
Whenever any intervening (off-site) property is benefited by the installation of any of the required facilities, the developer and/or town may advance the cost of the same and defer the collection of such charges until such time as the property is developed. Such charges shall be satisfied before any service connection shall be granted or accepted by the town. If, for any reason, the town is not in a position to advance the cost of off-site facilities, a developer may advance said costs for which the town will enter a deferred credit on its books and records, and shall reimburse the developer upon collection by the town of charges herein prescribed. Reimbursement for off-site improvements shall extend for a period of ten years from the date of final approval of the subdivision or until the initial cost of such improvements shall have been refunded, whichever is less. After ten years, no further refunds shall be made to the subdivider, nor shall the reimbursement include interest or be for a greater sum than the initial cost of the off-site improvements.
(Ord. No. 96-02, § 11, 3-18-1996)
Secs. 20-326—20-353. - Reserved.#
DIVISION 3. - PERFORMANCE#
Sec. 20-354. - Type and amount of guarantees.#
(a)
The type of performance guarantee may be in the form of a surety corporation bond in an amount equal to the cost of the required utilities and improvements.
(b)
When approved by the town council, the subdivider may deposit money with the town or convey a mortgage on land or property having a value at least equal to the cost of the required improvements, as determined by the town council.
(Ord. No. 96-02, § 12-1, 3-18-1996)
Sec. 20-355. - Duration.#
The duration of the surety corporation bond or mortgage shall continue until all improvement work has been completed by the subdivider.
(Ord. No. 96-02, § 12-2, 3-18-1996)
Sec. 20-356. - Default.#
In the event the subdivider is in default or fails or neglects to satisfactorily install the required utilities and improvements within two years from the date of approval of the final plat by the town council, or to pay all liens in connection thereto, the town may declare the bond, mortgage, or other assurance forfeited, and the town may install or cause the required improvements to be installed, using the proceeds from the collection of the bond or sale of property to defray the expense thereof.
(Ord. No. 96-02, § 12-3, 3-18-1996)
Sec. 20-357. - Final inspection and release.#
The town council shall inspect the work during construction for quality of materials and workmanship, but the subdivider shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or mortgage, the town council shall make a preliminary inspection of the public service facilities setting forth the condition of such facilities. If all liens are paid, as-constructed plans filed and other conditions thereof are found to be satisfactory, the town council shall release the bond, mortgage, or other assurance. If the condition of material or workmanship shows unusual depreciation or does not comply with acceptable standards of durability, if any outstanding liens are not paid, or if as-constructed plans have not been submitted to the town within the required time, the town council may declare the subdivider in default.
(Ord. No. 96-02, § 12-4, 3-18-1996)
Sec. 20-358. - Special improvement contracts.#
In the event that the improvements are installed under special improvement contracts, the planning and execution of the work shall be carried out as prescribed by laws pertaining thereto.
(Ord. No. 96-02, § 12-5, 3-18-1996)
Secs. 20-359—20-389. - Reserved.#
DIVISION 4. - STANDARDS#
Sec. 20-390. - Installation to comply with specifications.#
All improvements shall be installed in accordance with town specifications as directed by the town council.
(Ord. No. 96-02, § 13-1, 3-18-1996)