Chapter 16.24
IMPROVEMENTS
Sections:
16.24.010 Agreement for improvements.
16.24.020 Bond or alternatives to bond.
16.24.030 Acceptance of improvements.
16.24.040 Improvement standards and procedures.
16.24.050 Improvements in subdivisions.
16.24.060 Improvements in partitions.
16.24.070 Improvement maintenance bond.
16.24.010 Agreement for improvements.
Before council approval is certified on the final plat the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision or shall execute and file with the city recorder an agreement between himself and the city, specifying the period within which required improvements and repairs shall be completed and providing that, if such work is not completed within the period specified, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for reimbursement to the city for the cost of inspection by the city which shall not exceed three percent of the cost of the improvements to be installed. Such agreement may also provide for the construction of the improvements in units, for an extension of the time under conditions therein specified and for the termination of the agreement upon the completion of proceedings under an assessment district program for the construction of improvements specified in said agreement. [Ord. 9-91 § 1 (Exh. A § 21), 1990; Ord. 9-57 § 1 (Exh. A § 22), 1981].
16.24.020 Bond or alternatives to bond.
A. The land divider, to assure the satisfactory completion of all improvements to be accepted by the city, shall provide the city one of the following:
1. A surety bond executed by a corporate surety company authorized to transact business in the state of Oregon in a form approved by the city attorney and in an amount not less than a sum equal to 100 percent of the estimated cost of said improvements.
2. A personal bond, in amount not less than a sum equal to 100 percent of the estimated cost of said improvements, cosigned by at least one additional person together with sufficient evidence of financial responsibility and resources of those signing the bond. The acceptance of such a personal bond is in the sole discretion of the city.
3. Cash in an amount not less than a sum equal to 100 percent of the estimated cost of said improvements, with this cash deposit to be held by the city in an interest bearing account, with any accrued interest to be payable to the land developer.
B. In lieu of, and as an alternative to, those methods outlined in subsection A of this section, the land developer may elect to complete said improvements and have them accepted by the city as provided by EPMC 16.24.010, prior to final subdivision plat approval. [Ord. 9-91 § 1 (Exh. A § 22), 1990; Ord. 9-57 § 1 (Exh. A § 23), 1981].
16.24.030 Acceptance of improvements.
The city shall not accept any of the streets, alleys, or other ways as public streets, alleys, or ways and shall not undertake in any way the maintenance of them, nor shall any water or sewer line laid therein be connected to the city’s sewer or water system unless the improvements are completed to city specifications within the time prescribed in the agreement with the subdivider, or within any extensions granted by the council. No building permit for the construction of any dwelling units or other improvements on any lot within the subdivision shall be issued until all improvements are accepted by the city. [Ord. 9-91 § 1 (Exh. A § 23), 1990; Ord. 9-57 § 1 (Exh. A § 24), 1981].
16.24.040 Improvement standards and procedures.
In addition to other requirements, improvements shall conform to the requirements of this title and other improvement standards or specifications adopted by the city and shall be installed in accordance with the following procedures:
A. Prior to any construction, the subdivider, developer or land divider shall submit complete and properly engineered plans stamped by an engineer registered with the state of Oregon, for all streets, including drainage and structures; sanitary sewers and water distribution lines. The city will check plans and give approval of such plans prior to start of construction.
B. Improvement work shall not be commenced until the city has been notified in advance, and if work has been discontinued for any reason it shall not be resumed until the city has been notified.
C. Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the public interest. All periodic inspections and final engineering inspections, tests and plan checks in accordance with American Public Works Association, Oregon sections, specifications as performed by the city, shall be paid for by the land divider prior to final acceptance of the improvements.
D. Underground utilities, sanitary sewers and storm drains installed in streets by the land divider shall be constructed prior to the surfacing of such streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed so as to minimize the necessity for disturbing the street improvements when service connections are made.
E. A map showing public improvements as-built shall be filed with the city upon completion of such improvements.
F. No improvements made by the subdivider or applicant for a major partition shall be accepted by the city unless and until the city engineer has certified, in writing, that they meet city standards and comply with the approved plans. Acceptance by the city shall be by resolution adopted by the city council. [Ord. 9-91 § 1 (Exh. A § 33), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 34), 1986; Ord. 9-57 § 1 (Exh. A § 34), 1981].
16.24.050 Improvements in subdivisions.
The following improvements shall be installed at the expense of the subdivider and at the time of subdivision:
A. Streets. Public streets, including alleys, within the subdivision and public streets adjacent but only partially within the subdivision shall be improved. Catch basins shall be installed and connected to drainage tile leading to storm sewers or drainage ways. Upon completion of the street improvement, monuments shall be re-established and protected in monument boxes at every public street intersection and all points of curvature and points of tangency of their center lines.
B. Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage ways or storm sewers outside the subdivision. Design of drainage within the subdivision, as approved by the city engineer, shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such areas.
C. Sanitary Sewers.
1. Sanitary sewers shall be installed to serve the subdivision and to connect the subdivision to existing mains. In the event it is impractical to connect the subdivision to the city trunk system, the planning commission may authorize the use of septic tanks if lot areas are adequate considering the physical characteristics of the area and if sewer laterals designed for future connection to a sewage disposal system are installed and sealed. Design review by the city engineer shall take into account the capacity and grade to allow for desirable extension beyond the subdivision.
2. If the required sewer facilities will, without further sewer construction, directly serve property outside the subdivision, the following arrangements will be made to equitably distribute the cost:
a. If the area outside the subdivision to be directly served by the sewer line has reached a state of development to justify sewer installation at the time, the planning commission may recommend to the city council construction as an assessment project with such arrangement with the subdivider as is desirable to assure financing his share of the construction.
b. If the installation is not made as an assessment project, the city will reimburse the subdivider an amount estimated to be a proportionate share of the cost for each connection made to the sewer by property owners outside of the subdivision for a period of 10 years from the time of approval of the plat, considering current construction costs.
D. Water System. Water lines and fire hydrants serving each building site in the subdivision and connecting the subdivision to city mains shall be installed. The city engineer’s design review shall take into account provisions for extension beyond the subdivision and to adequately grid the city system. If required water mains will directly serve property outside the subdivision, the city will reimburse the subdivider an amount estimated to be the proportionate share of the cost for each connection made to the water mains by property owners outside the subdivision for a period of 10 years from the time of installation of the mains. The actual amount shall be as determined by the city planning commission at the time of approval of the plat, considering current construction costs.
E. Bicycle Routes. If appropriate to the extension of a system of bicycle routes, existing or planned, the planning commission may require the installation of separate bicycle lanes within streets and separate bicycle paths.
F. Street Name Signs. Street name signs shall be installed at all street intersections.
G. Street Lights. Street lights shall be installed and shall be served from an underground source of supply.
H. Other. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting and cable television, shall be placed underground. [Ord. 9-91 § 1 (Exh. A § 34), 1990; Ord. 9-57 § 1 (Exh. A § 35), 1981].
16.24.060 Improvements in partitions.
The same improvements shall be installed to serve each building site of a partition as is required of a subdivision. However, if the planning commission finds that the nature of development in the vicinity of the partition makes installation of some improvements unreasonable, the planning commission shall except those improvements. In lieu of accepting an improvement, the planning commission may recommend to the city council that the improvement be installed in the area under special assessment financing or other facility extension policies of the city. [Ord. 9-91 § 1 (Exh. A § 35), 1990; Ord. 9-57 § 1 (Exh. A § 36), 1981].
16.24.070 Improvement maintenance bond.
No final plat or major partition shall be approved as provided in this chapter, nor shall any public improvements be accepted by the council, until the subdivider, developer or contractor, as the case may be, shall bind itself to the city of Eagle Point to maintain the improvements for a period of one year and shall file with the city recorder an improvement maintenance bond in substantially the following form:
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FORM OF BOND |
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Know all men by these presents, that we ____________________ as principal, and ____________________, a corporation authorized to do business in the State of Oregon, as surety, are held and firmly bound unto the City of Eagle Point, in the penal sum of $ _____ lawful money of the United States, for the payment of which we and each of us bind ourselves, our heirs, personal representatives, successors and assigns, jointly by these presents: |
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The condition of this obligation is such, that whereas, the said principal has agreed to construct and install at his expense the following improvements: |
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(Description of Improvements) |
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All in accordance with the specifications and ordinances of the City of Eagle Point, and contained in plans and specifications prepared by ____________________ and approved by the City Council, at the following location: |
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(Description of Property) |
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and has agreed to maintain such improvements constructed under this bond for a period of one (1) year from the date of acceptance of same by City, now, therefore, |
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If the said principal shall well and truly perform in all respects in strict accordance with the requirements of said improvements, and shall save the City harmless from all loss, cost or damage, including attorneys fees, by reason of their failure to complete said work, or maintain said improvements, then this obligation shall be void, otherwise to remain in full force and effect. |
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Said bond shall be in a sum equal to twenty (20) percent of the cost of the improvements made by the subdivider, developer or contractor. Cash in lieu of the bond may be deposited by the subdivider, developer or contractor with the City Recorder. |
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No final subdivision plat or public improvement shall be accepted or approved by the City Council until the subdivider, developer or contractor who has made the improvements in said subdivision shall have entered into an agreement with the City of Eagle Point in substantially the form as shown on Exhibit “A,” attached hereto and by this reference incorporated herein and made a part hereof. |
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AGREEMENT |
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THIS AGREEMENT entered into by and between the CITY OF EAGLE POINT, a municipal corporation of the State of Oregon, hereinafter referred to as “City” and _______________________, hereinafter referred to as “Developer,” |
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WITNESSETH: |
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WHEREAS, Developer has installed certain improvements in _______________ Subdivision in the City of Eagle Point, Oregon, pursuant to its preliminary subdivision plat and the plans and specifications for improvements therein, and |
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WHEREAS, Developer now desires that City approve its final subdivision plat and accept the improvements which have been installed in the subdivision, now, therefore, |
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In consideration of the benefits to be obtained Developer agrees as follows: |
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1. Developer hereby warrants the improvements constructed and installed in said subdivision for a period of one (1) year. Developer warrants that said improvements have been constructed and installed pursuant to the plans and specifications which are on file with City and Developer agrees to maintain said improvements against all defects in construction for a period of one (1) year from the acceptance thereof by City. |
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2. Developer agrees to provide City with a maintenance bond. |
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3. In the event suit, action or other proceeding is instituted for the breach of, or to enforce, this Agreement, or to collect on said bond, the prevailing party shall be entitled to recover from the losing party a reasonable attorneys fee to be set by the court in such suit, action or other proceeding, including a reasonable attorney’s fee on appeal. |
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____ day of _____________, 20__. |
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CITY OF EAGLE POINT, a |
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Municipal Corporation |
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_______________ |
________________ |
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Mayor |
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________________ |
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Recorder |
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“CITY” |
“DEVELOPER” |
[Ord. 9-91 § 1 (Exh. A § 42), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 43), 1986; Ord. 9-57 § 1 (Exh. A § 43), 1981].