SEC. 12.40.  REQUIRED BASIC IMPROVEMENTS.

Subd. 1.  General Provisions.

 

A.  Before a final plat is delivered by the City, the subdivider of the land covered by said plat shall pay all applicable fees and execute and submit to the Council a developer's agreement which shall be binding on his heirs, personal representatives and assigns.

 

B.  Prior to the delivery of the approved final plat, the subdivider shall deposit with the City Treasurer an amount equal to a minimum of one hundred (100) percent of the City Engineer's estimated cost of the required improvements within the plat, either in a cash escrow performance bond, or letter of credit.  The surety shall be approved by the City.  The cash escrow letter of credit or performance and indemnity bond shall be conditioned upon:

 

1.  The making and installing of all of the improvements required by the terms and conditions set forth by the City within one (1) year unless an extension is granted by the Council.

 

2.  Satisfactory completion of the work and payment therefor, which work was undertaken by the subdivider in accordance with the developer's agreement referred to above.

 

3.  The payment by the subdivider to the City of all expenses incurred by the City, which expenses shall include but not be limited to expenses for engineering, planning, fiscal, legal, construction and administration.  In instances where a cash escrow is submitted in lieu of a letter of credit or performance and indemnity bond, there shall be a cash escrow agreement which shall provide that in the event the required improvements are not completed within one (1) year, all amounts held under the cash escrow agreement shall be automatically turned over and delivered to the City and applied by the City to the cost of completing the required improvements.  If the funds available within said cash escrow agreement are not sufficient to complete the required improvements, the necessary additional cost to the City may be assessed against the subdivision.  Any balance remaining in the cash escrow fund after such improvements have been made and all expenses therefor have been paid, shall be returned to the subdivider.  In instances where a letter of credit is used in lieu of a cash escrow or performance and indemnity bond, the letter of credit shall be in a form satisfactory to the City and the terms thereof shall substantially comply with the procedure set forth for a cash escrow fund.  In instances where a performance and indemnity bond is used in lieu of a cash escrow or letter of credit, the bond shall be in a form acceptable to the City and shall comply with all requirements as set forth in Minnesota Statutes, as amended, which statutes relate to surety bonds.

C.  No final plat shall be approved by the Council without first receiving a report from the City Engineer that the improvements described therein together with the agreements and documents required under this Section, meet the requirements of the City.  The City Administrator shall also certify that all fees required to be paid to the City in connection with the plat have been paid or that satisfactory arrangements have been made for payment.

 

D.  The City shall, where appropriate, require of a subdivider submission of a warranty/maintenance bond in the amount equal to the original cost of the improvements, or an amount as may be determined by the City Engineer, which shall be in force for one (1) year following the final acceptance of any required improvements and shall guarantee satisfactory performance of the said improvements.

 

E.  Reproducible "as-built drawings" as required by the City Engineer shall be furnished to the City by the subdivider of all required improvements.  Such "as-built drawings" shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements.

 

F.  All of the required improvements to be installed under the provisions of this Chapter shall be approved by and subject to the inspection of the City Engineer.  All of the City's expenses incurred as the result of the required improvements shall be paid either directly, indirectly or by reimbursement to the City by the subdivider.

 

Subd. 2.  Monuments.

 

A.  Official monuments, as designated and adopted by the Wright County Surveyor's Office and approved by the Wright County District Court for use as judicial monuments, shall be set at each corner or angle on the outside boundary of the final plat or in accordance with a plan as approved by the City Engineer.  The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closure angle to be indicated; all monuments and surveyor's irons to be indicated, each angle point of the boundary perimeter to be so monumented.

 

B.  Pipes or steel rods shall be placed at each lot.  All United States, State, County or other official bench marks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat.  All lot and block dimensions shall be shown on the plat and all necessary angles pertaining to the lots and blocks, as an aid to future surveys shall be shown on the plat.  No ditto marks shall be permitted in indicating dimensions.

C. To insure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be in the form of a surveyor's certificate and this requirement shall additionally be a condition of certificate of occupancy as provided for in the Zoning Chapter of the City Code, as may be amended.

 

Subd. 3.  Street Improvements.

 

A.   The full width of the right-of-way shall be graded in accordance with the provisions for construction as outlined in Section 12.30 of this Chapter.

 

B.   All streets shall be improved in accordance with the standards and specifications for street construction as required by the Council.

 

C.   All streets to be surfaced shall be of an overall width in accordance with the standards and specifi­cations for construction as approved by the Council.  The portion of the right‑of‑way outside the area surfaced shall be sodded or riprapped by the developer if deemed necessary.

 

D.   Where required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the Council.

 

E.   The grade and drainage requirements for each plat shall be approved by the City Engineer at the expense of the applicant.  Every plat presented for final signature shall be accompanied by a certificate of the City Engineer that the grade and drainage requirements have been met.  In an area not having municipal storm sewer trunk the applicant shall be responsible, before platting, to provide a storm water disposal plan, without damage to properties outside the platted area, and said storm water disposal plan shall be submitted to the City Engineer, who shall report to the Council on the feasibility of the plan presented.  No plat shall be approved before an adequate storm water disposal plan is presented and approved by the City Engineer and Council.  The use of dry wells for the purpose of storm water disposal is prohibited.

 

F.   Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by the Council.

 

G.   Street signs of the design approved by the Council shall be installed at each street intersection.

 

H.   Driveway approaches shall be installed, as required by the Council.  Sidewalks shall be installed along both sides of all streets in the subdivision, in accordance with the standards and specifications for construction as approved by the Council.  Bicycle and pedestrian pathways shall be installed along all