ARTICLE III. IMPROVEMENTS
106-101 General requirements.
(a) The improvements set forth in this article are to be considered as the minimum acceptable standard. All improvements must meet the approval of the city council.
(b) The approvals required under the provisions of this article shall be obtained prior to the installation of any subdivision or project improvements within the city, in public streets, public alleys, public rights-of-way, and/or public easements under the ultimate jurisdiction of the city. All subdivision or project improvements within the city installed in public streets, public alleys, public rights-of-way, and/or public easements under the ultimate jurisdiction of the city shall comply with all of the provisions and requirements of this chapter.
(Code 1985, § 24-19)
106-102 Required improvements.
(a) Streets.
(1) The subdivider shall provide streets constructed according to plans, profiles, cross sections and specifications prepared by or for him and approved by the city engineer in accordance with current city specifications.
(2) All streets shall be graded to the full width of right-of-way, as shown on plans and profiles approved by the city engineer, in accordance with specifications on file in that office.
(3) All streets shall be paved in accordance with cross sections and detailed specifications on file in the city engineer’s office, and as otherwise specified in this chapter.
(4) Permanent concrete curb and gutter shall be installed on all streets in accordance with specifications on file in the city engineer’s office.
(b) Sidewalks.
(1) Concrete sidewalks shall be constructed in all subdivisions along all minor residential streets, collector streets and along all abutting urban thoroughfares and major thoroughfares.
(2) In those instances where the subdivider can show that no good purpose would be served, this requirement may be waived.
(3) Sidewalks shall be continuous in nature and shall be provided on both sides of all minor residential streets, collector streets, urban thoroughfares and major thoroughfares.
(4) All sidewalks shall have a minimum width of five feet and shall be located one foot from the property line.
(c) Public walkways/crosswalks. When required by this chapter or by the planning commission, public walkways/crosswalks through blocks shall be constructed to a line and grade as determined by the city engineer and in accordance with specifications on file in the city engineer’s office.
(d) Bicycle pathways.
(1) Separate, protected bicycle lanes shall be provided by the subdivider in all subdivisions along urban thoroughfares or major thoroughfares where a bicycle pathway is shown as being required or desirable in the city master plan or adopted bicycle pathway plan of a public agency.
(2) When required, bicycle lanes shall be constructed according to the cross section standards and specifications of the city engineer or other public agency requiring such bicycle lane.
(e) Street lighting. Street lights shall be provided in all subdivisions by the subdivider and shall be constructed according to specifications developed by the city. All selection and installation of street lighting shall be under the supervision and subject to the approval of the engineering division of the city. Spacing and placement of street lights shall be under the exclusive control of the engineering division and specifically subject to the review of the planning division as provided elsewhere in this section.
(f) Street name and traffic signs. Street name and traffic signs, as may be required, shall be installed by the department of public works and services in accordance with specifications on file with that office, at the expense of the subdivider.
(g) Street trees.
(1) All existing, desirable trees within a street right-of-way shall be preserved to the maximum extent possible by the subdivider, in accordance with section 106-132(4) of this chapter.
(2) In all cases, at least one tree shall be provided within the street right-of-way per lot, or not less than one tree for each 50 feet of frontage.
(3) When the minimum requirements of this section cannot be satisfied with existing trees, the subdivider shall provide those street trees necessary to meet these minimum requirements. Street trees provided by the subdivider shall be of a type and in a location approved by the city forester.
(4) A suggested list of acceptable street trees is as follows:
a. Norway maple and varieties.
b. Red maple and varieties.
c. Hackberry.
d. Marshall green ash.
e. Thornless honeylocust.
f. Bradford pear.
g. Little-leaf Linden.
h. European hornbeam.
i. Ginkgo (male species).
j. Amur cork tree.
(5) Street trees which shall not be permitted are as follows:
a. Box elder.
b. Elms.
c. Poplar species.
d. Willow species.
e. Horse chestnut.
f. Tree of heaven.
g. Catalpa.
h. Female ginkgo.
i. Sugar maple.
j. Pin oak.
(h) Utilities.
(1) Requirements for underground wirings. The subdivider shall make arrangements for all lines for telephone, electric, television and other similar services distributed by wire or cable to be placed underground entirely throughout a subdivided area. Such conduits or cables shall be placed within private easements provided to such service companies by the subdivider, or within dedicated public ways. All such facilities placed in dedicated public ways shall be planned so as not to conflict with other underground utilities. All such facilities shall be located in accordance with standards of construction approved by the city engineer and the state public service commission. All drainage and underground utility installations which traverse privately owned property shall be protected by easements granted by the subdivider where required.
(2) Sanitary sewer system. Design data and construction plans and specifications shall be furnished to the city engineer for submittal to the state department of health for their approval. All sanitary sewer plans shall be approved prior to commencement of construction.
a. A minimum 20-foot easement will be required for all sanitary sewer laterals not located within a public right-of-way. A legal description shall be furnished to the city for all easements so required.
b. Before the sewer system is accepted by the city, a lateral will be required for the connection of more than one building if no lateral is available to service each building.
c. All manholes with safety covers and their connecting sewers, when not located in a public right-of-way, shall be located in suitable easements of not less than 20 feet in width.
(3) Water supply system. Design data and construction plans and specifications for the water supply system shall be furnished to, and approved by, the city engineer prior to the commencement of construction.
a. A minimum 20-foot easement will be required for all water mains not located within a public right-of-way. A legal description shall be furnished to the city for all easements so required.
b. The size of the primary water main proposed to serve a subdivision shall be a minimum of eight inches in diameter, or larger if required by the fire department.
c. Lateral mains required within the subdivision may not be less than eight inches in diameter, or as determined by the superintendent of the sewer and water division and approved by the fire department.
d. Any building located along, or adjacent to, a public water main shall be connected by a separate metered water service from such main.
(4) Fire hydrants. All fire hydrants and their connecting supply mains, when not located in a public right-of-way, shall be located in suitable easements of not less than 20 feet in width.
a. Vehicular access on improved road surfaces shall be provided to all hydrants for maintenance and inspection.
b. Industrial or commercial fire hydrants may be installed without benefit of suitable easements, but, as such, shall be considered as part of a private fire line. As part of a private fire line, they shall require detector check-metering on their supply mains at the point of entry to the private fire line, and detector check-metering on their supply mains at the point of entry to the private property, or at the point of branching from the domestic lines. Private hydrants shall not be maintained by the city.
c. Fire hydrants shall be positioned in such a manner that the distance between hydrants shall not exceed 250 feet in areas zoned R-1, R-2 and R-3, and 150 feet in areas zoned R-4, as shown on the zoning map of the city zoning ordinance.
(5) Stormwater drainage. Design data and construction plans and specifications for stormwater drainage shall be furnished to, and approved by, the city engineer prior to commencement of construction.
a. Retention basins may be required by the city engineer when deemed necessary.
b. Where drains under the jurisdiction of the county drain commission are involved, a letter or document of approval from the county drain commission shall be submitted by the subdivider.
(6) Oversize improvements (community facility improvements). The city recognizes that, under certain situations, it could be justified that the city participate in the cost of construction of public facilities required to have greater capacity than that needed to serve the immediate subdivision. The extent of participation would be determined by the mayor and the city council on the accrued benefit to the city at large.
(i) Building and dwelling unit identification. All structures will be assigned addresses by the city, which will work in conjunction with the various governmental agencies interested to devise a practical and functional numbering system. The fire department and the police department must approve, in writing, all street names and numbering systems.
(Code 1985, § 24-20; Ord. No. 2171, § 1, 3-25-04)
106-103 Performance guarantee.
(a) Guarantee of installation.
(1) Prior to the construction of any improvements within the subdivision, the subdivider shall deposit with the director of finance either cash, certified check, surety bond or equivalent approved by the city council to insure the installation of such improvements required by this chapter and conditioned that such deposit shall be irrevocably set aside for the improvements required under this chapter in the subdivision for which the plat has been prepared. The subdivider making such deposits, as above provided, shall enter into an agreement with the city covering such improvements, and such agreement shall provide the time of installation, the method of paying for the cost of such improvements, and any other provisions necessary to the protection of the city.
(2) The only claim the subdivider shall have to the deposit under this agreement shall be after the installation of all required improvements and on certification by the mayor and approval of the city council that all required improvements in the subdivision have been completed, or when partial installation is complete in accordance with the progressive installation clause of this chapter. If the deposit is not sufficient to pay the total cost for such improvements, the subdivider shall be liable for the difference between such deposit and total improvements costs. The above agreement shall provide that the deposit shall be the unconditional and irrevocable guarantee for the installation of such improvements and on the condition that, in the event the subdivider fails to install such improvements in accordance with such agreement, such deposit shall be forthwith surrendered, delivered, transferred and assigned to the city for the express purpose of paying the cost of installation of such improvements in such subdivision.
(b) Progressive installation. Upon the recommendation of the mayor, the city council may release a portion of the cash, certified check, surety bond or equivalent deposit required under this section, equal to the estimated cost of those completed portions of the required improvements.
(c) Maintenance guarantee. In order to guarantee the required improvements against defects or failure due to any causes for which the subdivider is responsible, a one-year maintenance bond shall be furnished by the subdivider to the director of finance, being either cash, certified check, surety bond or equivalent, approved by the city council. Such deposit shall be an amount equal to 50 percent of the estimated cost of installation of such improvements, as determined by the city engineer. Such deposit shall be refunded to the subdivider upon certification by the city engineer that the required improvements have performed satisfactorily for a period of one year after the installation of all improvements.
(d) Suits, claims and legal actions. Until such time that any property is dedicated to the public, the subdivider shall fully indemnify and save harmless the city and defend it in all suits, claims and legal actions for damages of every kind and description brought or claimed against it for, or on account of, any party or parties by or from any act or omissions or through the negligence of the subdivider, his servants, agents, employees or independent contractors in the prosecution of the work required in this chapter.
(e) Inspection of improvements. All of the work required by this chapter shall be done under the inspection of the city. Such inspection shall not relieve the subdivider of his responsibility to perform, or have performed, the necessary work as specified. The cost of such inspection and any engineering or legal work in connection with the approval of the required improvements or of the final plat shall be paid for, or caused to be paid for, by the subdivider. Payment of the cost of such inspection or legal work shall be through a cash deposit to be held in escrow by the director of finance. Such cash deposit shall be of an amount equal to ten percent of the estimated cost of installation of such required improvements, as determined by the city engineer. Upon completion of all improvements, and upon the approval of the city council, all remaining cash held in escrow shall be refunded to the subdivider. However, in the event that the cost of such inspection or legal work shall total to more than the amount of cash held in escrow, the subdivider shall be required to reimburse the city for the amount in balance.
(Code 1985, § 24-21)