The text
A.
Time of Construction: The improvements listed in this section shall be installed prior to final inspection and issuance of a certificate of occupancy except as provided in subsection B of this section. No improvements shall be installed until their design and specifications are reviewed by the city engineer for conformance with this chapter. Water and sewer mains and laterals and fire hydrants shall be installed prior to the installation of road base, curbs, gutters, sidewalks and the surfacing of streets.
B.
Performance Bonds:
1.
In lieu of actual completion of the improvements listed in this section and before final approval by the city council, the developer may deposit with the city a surety or cash bond to ensure the actual construction of said improvements within a period of two (2) years after final approval by the city council in a manner satisfactory to and in an amount specified by the council. Improvements shall include part or all of the following: streets, curbs, gutters, sidewalks, water supply systems, fire hydrants, sewer systems, surface water disposal systems, protection from hazards of canals and ditches, safety fences, landscaping, monuments, street signs, or other improvements required by the city council and planning commission.
2.
The developer shall be responsible for the satisfactory performance of improvements dedicated to the city for a period of one year after inspection and final acceptance by the city. These improvements include, but are not limited to: streets, curbs, gutters, sidewalks, water main lines, fire hydrants, sewer mains and manholes, storm sewer mains and catch boxes, monuments, and street signs which are in a dedicated easement and are controlled solely by the city.
3.
Prior to the final plat being presented to the city council for approval, the subdivider/developer (or an individual with legal authority acting on behalf of the subdivider/developer) shall, at the discretion of the city, satisfy one of the following improvement performance requirements:
a.
Escrow Deposit: Enter into a developer's agreement with the city and furnish satisfactory proof of an escrow deposit in favor of the city in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of said costs, with said amounts to be released pursuant to the terms and conditions of the developer's agreement.
b.
Performance Bond: Enter into a developer's agreement with the city and furnish to the city a developer's performance bond in an amount equal to the cost of the improvements required for the subdivision, plus ten percent (10%) of said costs, with said bond to be released pursuant to the terms and conditions of the developer's agreement.
C.
Standards: Standards for design, construction, specifications and inspection of street improvements, curbs and gutters, sidewalks and drainage facilities shall be prepared by the city engineer, standards of design and procedure by the planning commission, standards for water distribution and sewage disposal facilities by the state board of health and city engineer, and similar standards for fire hydrants by the city engineer and fire department. Such standards and rules and regulations, and any amendments thereto, before becoming effective, shall be adopted or amended by the city council as a part of this chapter after recommendation by the planning commission and shall be available to the public.
D.
Streets on Property of Other Public Agencies or Utility Companies: Where it is proposed that streets be constructed on property controlled by a public agency or utility company, approval for the location, improvement and maintenance of such streets shall be obtained from the public agency or utility company by the developer and entered on the final site plan in a form approved by the city attorney.
E.
Street Improvements: All streets shall be constructed by the developer in accordance with the standards and rules and regulations of the city.
F.
Curbs, Gutters and Sidewalks: Curbs, gutters and sidewalks shall be installed on existing and proposed streets by the developer in all developments.
G.
Water Supply: A culinary water supply must be approved by the public works director and the city engineer. The developer shall install water mains and service lines or laterals from such mains to each structure within the development prior to the installation of road base, surfacing, curbs, gutters and sidewalks.
H.
Fire Hydrants: Fire hydrants shall be installed by the developer at locations determined by the city engineer and fire department in all developments in accordance with the standards, rules and regulations of the city.
I.
Sewage Disposal: Whether by individual disposal system or by public disposal facilities, sewage disposal shall be provided and reviewed by the city engineer and approved by the public works director and sewer district. The developer shall connect with such sanitary sewer and provide sewer mains and extend laterals from the main sewer line to each building prior to the installation of the road base, surfacing, curbs, gutters and sidewalks.
J.
Surface Water: The developer shall provide adequate methods of conveyance and disposal of stormwater and surface water at his expense, the plans for which shall be prepared by a licensed engineer not in the employ of the city and which shall be approved by the planning commission after recommendation by the city engineer. If easements are required across abutting property to permit drainage of the development, it shall be the responsibility of the developer to acquire such easements.
K.
Ditches and Canals: Open ditches or canals shall not be allowed in or adjoining a development. It shall be a developer's responsibility to work with the irrigation, drainage or ditch companies and arrange for the covering, realigning or elimination of open ditches or canals. In cases where canals or ditches cross public roads or proposed public roads, specifications and grades for pipe or culvert must be reviewed by the city engineer for conformance with the city utility standards and accepted by the affected canal company as adequate as to capacity.
L.
Fences: The developer shall install a fence in conformance with all applicable standards, rules and regulations of the city, along all nonaccess streets, open reservoirs, bodies of water or railroad rights-of-way.
(Ord. 701, 5-6-2008; amd. Ord. 815, 9-25-2012; Ord. 854, 5-6-2014; Ord. 871, 9-1-2015; Ord. 926, 10-20-2020)