Article 6 Subdivision Improvements

Article 6.  Subdivision Improvements

§12-601 IMPROVEMENTS; REQUIRED IMPROVEMENTS. Minimum improvements and construction standards required of all subdivisions shall be set forth in this Article and shall further be in accordance with the prevailing standards as established by the Governing Body upon advice of the Planning Commission and the City Engineer.  Alternate improvement standards may be permitted if the Commission deems them equal or superior in performance characteristics to the specified improvements.  Additional or higher type improvements may be required in specific cases where the Commission believes it necessary to create conditions essential to the health, safety, morals and general welfare of the citizens of the Municipality.

§12-602   IMPROVEMENTS; MONUMENTS.  Monuments shall be placed so that the scored or marked point shall coincide exactly with the intersection of the lines to be marked, and shall be set so that the top of the monument is level with the surface of the surrounding ground:

Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision.  Monuments may be of the following:

1.   Cut stone five inches by five inches by three feet (5" x 5" x 3') long with a drill hole in the center.

2.   Concrete five inches by five inches by three feet (5" x 5" x 3') with a one half inch (½") round brass pin in the center.   

3.   Markers shall be set at the beginning and ending of all curves along street property lines, at all points where lot lines intersect curves, either front or rear; at all corner lots, markers shall consist of steel bars at least fifteen inches (15") long and not less than three-quarter inches (3/4") in diameter.    

§12-603 IMPROVEMENTS; STREETS. Required improvements and construction standards shall be in accordance with the specifications of the Municipality.  Streets (and alleys where provided) shall be graded, surfaced, and improved to the grades and dimensions shown on plats, profiles, and cross sections submitted by the subdivider and approved by the City Engineer.

§12-604   IMPROVEMENTS; WATER SUPPLY.  Where public water supply, in the opinion of the Commission, is reasonably accessible, the subdivision shall be provided with a complete water distribution system, including a connection for each lot and appropriately spaced fire hydrants.  Where public water supply is not in reasonable distance, an alternate supply, approved by the State Department of Health, shall be furnished.

§12-605   IMPROVEMENTS; SANITARY SEWER SYSTEM

A.   Where the public sanitary sewer system, in the opinion of the Commission, is reasonably accessible, sanitary sewers shall be installed to adequately serve all lots with connections to the public system.  Where lots cannot be served by the extension of an existing public sanitary sewer, the subdivider shall obtain approval of lot sizes from the Planning Commission.  In addition, individual septic tanks and disposal fields, and/or neighborhood disposal systems, shall be approved by the State Department of Health.

B.   Where the Municipality has a plan for extending the public sanitary sewer system into an area that is being subdivided, and it is reasonable expected that the area will be served by the public system within a period of five (5) years, capped sewers shall be installed to adequately serve all lots in the proposed subdivision.

§12-606   IMPROVEMENTS; STORM SEWERS.  Storm sewers shall be installed when, in the opinion of the Commission, they are deemed necessary to provide adequate drainage for the subdivision.

§12-607   IMPROVEMENTS; DRAINAGE

A.   The subdivider may be required by the Planning Commission to carry away by pipe or open ditch any spring or surface water that may exist either previous to, or as a result of the subdivision.  Such drainage facilities shall be located in the street right-of-way where feasible, or in perpetual unobstructed easement of appropriate width.

B.   A culvert or other drainage facility shall, in each case, be large enough to accommodate potential run-off from its entire upstream drainage area, whether inside or outside the subdivision.  The City Engineer shall approve the design and size of facility based on anticipated run-off from a "ten (10) year" storm under conditions of total potential development permitted by the Zoning Chapter in the watershed.

C.   The subdivider's engineer shall also study the effect of each subdivision on the existing downstream drainage facilities outside the area of the subdivisions; this study shall be reviewed by the City Engineer.  Where it is anticipated that the additional run-off incident to the development of the subdivision will overload an existing downstream drainage facility during a "five (5) year" storm, the Planning Commission shall notify the Governing Body of such potential condition.  In such case, the Planning Commission shall not approve the subdivision until provision has been made for the improvement of said condition.

§12-608   IMPROVEMENTS; CONSTRUCTION GUARANTEE.  The subdivider shall provide one of the following guarantees for the completion of improvements subject to approval by the Commission according to the following procedures:

A.   Subdivision Bond.  The subdivider shall post with the Commission a bond or other security acceptable to the Commission, equal to the City Engineer's approved estimate of the cost of construction, in favor of the Governing Body, guaranteeing satisfactory completion of all improvements whether within the Municipality or the Planning Area, in a period set by the Commission from the date of the bond.  

B.   Cash Bond.  The subdivider shall deposit in cash with the Governing Body and amount equal to the City Engineer's approved estimate of the cost of construction of all improvements.

C.   Guarantee Certificate.  A final plat shall contain a guarantee by the subdivider that he will maintain and repair at his own expense all streets in the subdivision for one (1) year after the construction of the street or approval of the final plat whichever is later.  (Ref.  14-116 RS Neb.)

§12-609  RELEASE OF GUARANTEE:  After final approval and prior to the expiration of one (1) year after the date of final approval, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the contract documents, any work is found to be defective, the subdivider will promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective work, or if any work has been rejected by the City, remove it from the site and replace it with non-defective work.  It shall be the duty of the subdivider to notify the City Council in writing within thirty (30) days prior to the expiration of the one (1) year period to make the final inspection of the work.  Unless the subdivider shall furnish such notices, the obligation to maintain the work shall continue in force until such notices have been furnished, the work inspected, and any required corrections made.

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