1972.12.18 ORD 1972-110 - Laserfiche WebLink

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estimated cost of the improvements so completed prior to the acceptance of the plat. The time for completion of the work and the several parts thereof shall be determined by the governing body upon recommendation of the engineer after consultation with the subdivider. It shall be reasonable with relation to the work to be done, the seasons of the year, and proper correlation with construction activities in the plat and subdivision. 803.02. No subdivider shall be permitted to start work on any other subdivision without special approval of the governing body if he has previously defaulted on work or commitments. 804. Financial Guarantee. 804.01. The contract provided for in Section 803 shall require the subdivider to make an escrow deposit or, in lieu thereof, furnish a performance bond. The escrow deposit or performance bond shall conform to the require- ments of this regulation. 804.02. Escrow Deposit. An escrow deposit shall be made with the community treasurer in a sum equal to 125% of the total cost as estimated by the engineer of all the improvements to be furnished and installed by the sub- divider pursuant to the contract, which have not been completed prior to approval of the plat. The total costs shall include costs of inspection by the community. The community shall be entitled to reimburse itself out of said deposit for any cost and expense incurred by the com- munity for completion of the work in case of default of the subdivider under said contract, and for any damages sustained on account of any breach thereof. Upon com- pletion of the work and termination of any liability, the balance remaining in said deposit shall be refunded to the subdivider. 804.03. Performance Bond. In lieu of making the escrow deposit, the subdivider may furnish a performance bond with corporate surety, in a penal sum equal to 125% of the total cost as estimated by the engineer of all the improvements to be furnished and installed by subdivider pursuant to the contract, which have not been completed prior to the approval of the plat. The total costs shall include costs of inspection by the community. The bond shall be approved as to form by the attorney and filed with the clerk. 805. Construction Plans and Inspection. 805.01. Construction plans for the required improve- ments conforming in all respects with the standards and ordinances of the community shall be prepared at the subdivider's expense by a professional engineer who is registered in the State of Minnesota, and said plans shall contain his certificate. Such plans together with the quantities of construction items shall be submitted to the engineer for his approval and for his estimate of the total costs of the required improvement. Upon approval, such plans shall become a part of the required contract. The tracings of the plans approved by the engineer plus two (2) prints shall be furnished to the community to be filed as a public record. 12 805.02. All required improvements on the site that are to be installed under the provisions of this regulation shall be inspected during the course of construction by the community engineer at the subdivider's expense, and acceptance by the community shall be subject to the engineers certificate of compliance with the contract. 806. Improvements Completed Prior to Approval of the Plat. 806.01. Improvements within a subdivision which have been completed prior to application for approval of the plat or execution of the contract for installation of the required improvements shall be accepted as equivalent improvements in compliance with the requirements only if the engineer shall certify that he is satisfied that the existing improvements conform to applicable standards. 807. Trunk Facilities. 807.01. Where a larger size water main, sanitary sewer, storm drain or similar facility is required to serve areas outside the subdivision, the larger facility required must be constructed. Additional cost is to be borne by the benefitting properties and the assessments are to be determined accordingly by the governing body. 808. Alternate Installation and Incomplete Improve- ments. 808.01. The governing body may elect to install any or all of the required improvements pursuant to a cash escrow agreement or other financial arrangements with the subdivider. 808.02. It is hereby the announced policy of the community that full and complete utility systems be installed in all needed areas as soon as is practicable and feasible. Accordingly, the community shall proceed as soon as it is practicable after final approval of a subdivision with installation within the subdivision of such improve- ments as may be determined to be necessary. In the event of small subdivisions or in subdivisions in which develop- ment may proceed slowly, or in other events in which the construction of surfaced streets, sidewalks, utility lines, or other improvements is clearly not feasible immediately following the approval of the plat, the governing body may elect to commence assessment proceedings, utilize funds of a cash escrow agreement, or otherwise move to finance and install improvements when the subdivision is developed to the point of warranting the improvements. Such improve- ments are required in order to provide greater assurance of public health, assure reliability of water supply, provide for economy of installation, provide more effective fire fighting through hydrants, and otherwise protect the public health, safety, convenience and general welfare. SECTION 9. GENERAL PROVISIONS 901. Protection of Natural Features. 901.01. The governing body reserves the right to decline approval of a subdivision if due regard is not shown for the preservation of all natural features such as large trees, water courses, scenic points, historical spots and similar community assets which, if preserved, will add attractiveness and stability to the proposed development of the property.