The requirements and recommendations set forth herein are designed to encourage orderly growth for the City of Iola through responsible land subdivision. Responsible land subdivision is the initial step in the process of orderly community development. Once land has been divided into streets, lots and blocks and publicly recorded, the correction of defects is difficult and costly.

The purpose of this document is to set forth rules and regulations for the division of real property so that each subdivision shall be properly coordinated with existing streets, utilities and public facilities, and for the future development of these entities. These subdivision regulations will be helpful to city officials and private developers by clarifying requirements and by assuring more uniform application of city standards for new subdivisions. For plat application requirements see article IV, sections 16-406:409.

(Code 2016, Sec. 106-131)

The requirements of these subdivision regulations shall apply to any owner desiring to:

(a)   Divide or further divide land; or,

(b)   Otherwise alter the boundaries of lots or parcels of land; or,

(c)   Dedicate land for use as streets, alleys, and sidewalks or for other public or private purposes.

(Code 2016, Sec. 106-132)

The following instances or transactions shall be exempt from the provisions of this article.

(a)   The division or further division of land into lots or parcels, each of which contains more than 40 acres, where such subdivision does not involve the creation of any new streets or easements of access.

(b)   A transaction between owners of adjoining land that involves only a change in the boundary between the land owned by such persons and does not create an additional lot or non- conformity.

(c)   A conveyance of land or interest therein for use as right-of-way or other public utilities subject to state or federal regulation, where no new street or easement of access is created.

(d)   A conveyance made to correct a description in a prior conveyance.

(e)   Any transfer by operation of law.

(Code 2016, Sec. 106-133)

Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is in the public interest and an exercise of valid police power delegated by the state to the city. The subdivision of land is a privilege conferred upon the developer by the laws of the State of Kansas and through these subdivision regulations. It is the developer who is seeking to acquire the advantages of lot subdivision and upon him/her rests the duty of compliance with the requirements of this article, all other applicable provisions of the Iola Municipal Code, and reasonable conditions imposed by the planning commission and/or the governing body in order to ensure that the city’s public health, safety and general welfare are provided for and protected.

(Code 2016, Sec. 106-134)

(a)   Scope. All subdivisions of land subject to these subdivision regulations shall conform to the design standards of this article.

(b)   Conformance to applicable rules and regulations.

(1)   In addition to the regulations established herein, all subdivision plats shall comply with the following laws, rules and regulations:

(A)  All applicable provisions of the Kansas Statutes.

(B)  Any design criteria and specifications that may be adopted by the City of Iola.

(C)  The comprehensive plan.

(D)  Any adopted policies and rules of the Department of Natural Resources of the State of Kansas.

(E)   The rules of the Kansas Department of Transportation if the subdivision of any lot contained therein abuts a state highway or connecting street.

(F)   The standards and regulations adopted by the planning director, and all boards, Commissions, Departments, Agencies and officials of the city adopted pursuant to any law or ordinance.

(2)   Plat approval may be withheld if a subdivision is not in conformance with the intention, purpose and guidelines of these subdivision regulations.

(c)   Access. All lots located in any subdivision shall be served directly by a public street except that private streets may be permitted as a part of a Planned Development.

(d)   Streets.

(1)   In all new subdivisions, streets shall conform to the functional classification as specified in the comprehensive plan. Streets shall be designed and located in proper relation to existing and proposed streets, to the terrain, to such natural features as streams and tree growth, to public convenience and safety, to the proposed use of the land served by such streets, and to the most advantageous development of the adjoining area. Each lot within the subdivision shall provide access to a dedicated public street. Proposed streets shall extend to the boundary line of the tract being subdivided unless prevented by topography or other physical conditions; or unless the opinion of the planning commission and governing body is that such extension is not necessary or desirable for the coordination of the layout of the subdivision or for the advantageous development of the adjacent tracts.

(2)   The standards within these subdivision regulations recognize and reference subdivision streets by functional classification.

(3)   Whenever the proposed subdivision contains or is adjacent to a limited access highway, or where lots back onto a public street, the subdivision shall provide the following treatment:

(A)  In residential districts a buffer strip at least 50 feet in depth shall be provided in addition to the normal lot depth required. The strip shall be a part of the platted lots and shall have the following restriction letter on the face of the plat:

       “This strip reserved for the planting of trees or shrubs by the owner or developer: the building of structures heron is prohibited.”

(B)  In commercial and industrial districts adjacent to limited access highways, no parallel street shall be less than 150 feet from said right-of-way or limited access highway.

(4)   Streets shall intersect each other at right angles unless otherwise dictated by topography or other factors of good design.

(A)  The number of intersections along major streets shall be held to a minimum. Wherever practical the distance between such intersections shall not be less than 1,200 feet.

(B)  Property lines at street intersections shall be rounded with a minimum radius of 15 feet. The planning director may require a greater radius where anticipated traffic justifies such a requirement.

(C)  Streets parallel to a limited access highway shall, when intersecting a major street, highway or a collector street shall be located at a minimum distance of 250 feet from said right-of-way, highway or collector street. Such distance, when desirable and practical, shall be determined with due consideration of the minimum distance required for the future separation of grades by means of appropriate approach gradients.

(D)  Local streets need not continue across major or collector streets, however, the planning director may require an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities.

(5)   Half streets. Where an existing dedicated or platted half street is adjacent to the tract being subdivided, the other half of the street right-of-way shall be dedicated by the subdivider. Half- street dedications for minor streets are not permitted, unless there is satisfactory agreement with the city that both adjacent developers agree to dedicate and construct one-half of the street.

(6)   Street names. Street names shall be suggested by the developer and approved by the governing body at the time of the final plat approval.

(7)   Sight distance triangle. Minimum sight distance shall be provided at each intersection by not erecting, placing, or planting an item in such a manner as to materially impede vision between a height of two feet and eight feet above curb grade within the triangular area formed by imaginary lines that begin at the intersection and follow street pavement edges for 25 feet and are connected by a line drawn across the lot.

(8)   Cul-de-sac streets. Cul-de-sac streets shall be not more than 500 feet in length measured from the centerline of the cul-de-sac to the centerline of the connecting street. Exceptions may be made where topographic or other unusual existing conditions so require. Culs-de-sac shall terminate with a minimum outside property line turnaround radius of 50 feet and a minimum curb line radius of 39 feet. The use of a “T” design for the culs-de-sac terminus may be considered for cul-de-sac of short length (less than 300 feet) when specifically approved by the governing body with the recommendation of the planning commission and planning director.

(9)   Decorative islands. When specifically reviewed by the planning commission and approved by the governing body, islands to be used for landscaping, statuary or other decorative purposes may be constructed by a developer in a dedicated reserve in the center of a cul-de-sac or other roadway pavement section. Decorative islands shall not be approved if it is possible that their installation would in any way impede traffic or create unsafe condition, as directed by the planning director.

If decorative islands are approved, the developer shall, as condition of such approval, assign full responsibility for maintenance of such islands to the homeowners’ association created by the developer for the subdivision.

(10) Private streets. Private streets are generally unacceptable in subdivisions in which any of the streets are dedicated to the public. Exceptions will be considered in commercial and industrial subdivisions if they are constructed to the standards of this Section and in planned developments. A homeowner’s association or business district association shall be formed to maintain any private street.

(11) Street names and signs. Street names shall not duplicate names of any existing street in the city and adjacent communities except where a new street is a continuation of an existing street. Street names that are spelled differently but sound the same shall be avoided. Generally no street should change direction by more than 90 degrees without a change in street name. The street name pattern established by the city shall be continued. Night glowing street signs, approved by the planning director, will be purchased and installed at all street intersections by the developer at the developer’s expense.

(12) Standard street sections and details. The subsections, which follow, set forth standard street sections and details which are to be used for future residential, collector, and thoroughfare streets constructed within the city. For items not addressed within this article see Appendix D, APWA Design Criteria—Streets.

(A)  Design for persons with disabilities. Access ramps for disabled persons shall be installed whenever new curbing or sidewalks are constructed or reconstructed in the city. Such ramps shall conform to Americans with Disabilities Act (ADA) standards subject to review and approval by the planning director. These standards shall apply to any city street or connecting street that curbs and sidewalks are required by this article or on curbs and sidewalks that have been prescribed by the governing body.

(B)  Approval of grades. Profiles of streets shall be submitted to and approved by the planning director. Submittal information required for review of the preliminary plat shall include preliminary street profiles. Final calculated street profiles will be required in submittal of construction plans required during review of the final plat.

(C)  Compaction requirements for cut and fill areas. All fill areas within the street right-of-way shall be compacted to 95 percent of standard maximum density. Layers shall be placed in depths not to exceed ten inches of loose material. All embankment materials and compaction methods shall be subject to approval of the planning director. In cut areas, the top of the subgrade under areas to be paved shall be scarified and compacted to a minimum depth of six inches to not less than 95 percent of standard maximum density at optimum moisture. Maximum density shall be determined in accordance with requirements of the Standard Compaction Test.

(D)  Approval of subgrade. The city engineer shall approve the subgrade before any base course or surface is placed thereon. The subgrade shall be constructed so that it will be uniform in density throughout. The entire width and length shall conform to line, grade, and typical cross-section shown on the plans or as established by the planning director. If any settling or washing occurs, or where hauling results in ruts or other objectionable irregularities, the contractor shall re-shape and re-roll the subgrade before the base or surfacing is placed.

(E)   Sewer and water work before base construction. No base course work may proceed on any street until all trenching for storm and sanitary sewers and for water lines within an area extending one foot behind curbs has been properly backfilled satisfactory to the planning director. Wherever possible, the developer shall schedule installation of gas or buried electric utility lines so that the trenches for such lines can be properly backfilled before street base course construction.

(F)   Storm sewer and inlets. Manholes, storm sewers, inlets and utility valves shall be adjusted to meet the proper grade of street or yard areas to the satisfaction of the planning director.

(13) Supplement design criteria. The standards set out in Appendix D, APWA Design Criteria— Streets, shall be utilized as supplemental design criteria for items not addressed within this article.

(14) Exceptions for existing improvements.

(A)  Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements as previously set out and where such improvements meet the requirements of this section and are in good condition as determined by the planning director, no further provisions need to be made by the subdivider to duplicate such improvements. However, where such existing improvements do not meet said requirements as determined by the planning director, the subdivider shall provide for the repair, correction, or replacement of such improvements so that all final improvements will then meet said requirements as determined by the planning director.

(B)  Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of- way width established by these subdivision regulations or by the policy of the governing body; and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these subdivision regulations. The governing body shall determine what adjustment to make where the aforesaid widening merges with existing streets, which are of smaller width at the boundary of such proposed subdivision. The governing body may reduce the minimum roadway system in the proposed subdivision if the extension of such roadway is already improved at each end of such roadway in the subdivision and the roadway in the proposed subdivision is two blocks or less in length.

(e)   Block and lot design. The lengths, widths, and shape of lots shall be suited for the planned use of the land, zoning requirements, and need for convenient access, control and safety of street traffic and the limitations and opportunities of the terrain. Block lengths in residential areas shall not, as a general rule, be greater than 600 feet in length between street lines unless dictated by exceptional terrain or other limiting factors of good design. Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Sidewalks and crosswalks shall be provided to ensure adequate pedestrian circulation and access to schools, shopping center, churches, parks or other facilities.

(f)    Lot design. The lot size, width, depth, shape and orientation, and the minimum setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

(1)   Lot dimensions shall conform to the requirements of the zoning regulations unless established in accordance with this section.

(2)   Residential lots fronting or backing on major streets shall be platted with extra depth to permit increased distances between the buildings and traffic-ways.

(3)   The slope of a residential lot shall not exceed a ratio of 3:1. On lots that exceed this ratio, vertical walls with appropriate safety devices shall be required.

(4)   Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, the minimum lot widths, shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their lot frontage, as measured on the arc of such right-of-way line, is not less than 50 percent of the required lot width measured at the building setback line.

(5)   The area of the street right-of-way shall not be included and calculated in the area of the lot with respect to minimum lot area requirements of these subdivision regulations or of the Unified Development Code applicable to the property.

(6)   Double frontage and reverse frontage lots may be approved at the time of preliminary plat approval where necessary to provide separation of residential development from through-traffic or overcome specific disadvantages of terrain and orientation.

(7)   The depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(8)   Corner lots for residential use shall have extra width to permit appropriate building setback from, and orientation to, both streets.

(9)   Lot elevation relative to sewer line elevation.

Minimum basement floor elevations (MBF) shall be shown on each sewerable lot of the recorded plat. Minimum low opening elevations (MLO) shall be shown on each lot adjacent to a waterway on the recorded plat. MBF’s and MLO’s may need to be revised in the event the “as- built” engineering plans show a significant change in the elevation of the sanitary sewer main or in the elevation of the 100-year flood plain.

(g)   Dams, retention basins and siltation control.

(1)   Where dams are proposed in any subdivision, they shall be designed by a professional engineer registered in the State of Kansas. A preliminary engineering report including soil investigations and design procedures shall be submitted to the planning director for review. When a dam is planned on private property, the engineer shall certify that the dam is constructed in accordance with the approved plans and specifications.

(2)   When the proposed development of a subdivision would increase the runoff of stormwater onto adjoining properties above that normally expected for residential development typical for the city, retention basins may be required on-site to control the rate of runoff except as otherwise permitted by the planning director on the basis of an individual subdivision design and approval on the preliminary plat.

(3)   Downstream property owners shall be protected from adverse flooding and siltation by such methods as are approved by the planning director.

(Code 2016, Sec. 106-135)

(a)   Minimum improvements. The developer shall submit to the city a firm contract providing for the construction and completion, within a reasonable time frame of the public improvements as specified by the engineer’s plans and specifications.

(1)   The following are considered minimum public improvements:

(A)  Installation of eight inch sewer line and service connection to all adjacent lots;

(B)  Extension of eight inch water distribution mains and service connections to all adjacent lots in accordance with the city’s minimum specification;

(C)  Installation of curb and gutter and backfill;

(D)  Installation of paving in accordance with Appendix D, APWA Design Criteria—Streets;

(E)   Installation of storm sewers or surface drainage where required by the city;

(F)   Installation of sidewalks according to the city’s minimum specifications; and,

(G)  Installation of street lights according to Appendix D, APWA Design Criteria—Streets.

(2)   All of the above improvements shall be extended to the boundary of the subdivision, unless otherwise approved by the governing body.

(3)   All public improvements shall be completed in accordance with the plans and specifications approved by the planning director and “as built” plans shall be filed in the planning director’s office at the completion of improvement.

(b)   Easements.

(1)   The planning director may require general utility easements of adequate width along lot lines where necessary or advisable for poles, wires, conduits, sanitary sewers, gas, water, power and other utility lines as dictated by the plans of the developer to provide utility connections. The following are established as minimum width for any general utility easements:

(A)  Front line easements: Ten feet on one side of the public street only.

(B)  Side line easements: Five feet.

(C)  Rear line easements: Seven and one-half feet if adjacent to a general utility easement of at least five feet in width otherwise, ten feet.

(2)   Suitable drainage easements, as required by the planning director, shall be dedicated on the subdivision plat to provide for the natural drainage of stormwater through the plat and in consideration of proposed improvements. The minimum width for drainage easements shall be 15 feet for closed conduits and 20 feet for open channels, but, in any case, shall provide for conveyance of a 50 year storm flow with additional width of no less than ten feet for construction and maintenance equipment and operations. These drainage-ways shall be improved to the extent necessary to properly accommodate storm flows in a manner to eliminate erosion and possible loss and damage to life, land and property. Any variation to these standards (such as location, width and alignment) should be noted on the final plat certified and approved of the planning director.

(c)   Required improvements.

(1)   The subdivider shall cause a registered land surveyor to install permanent reference points on all perimeter corners of the property.

(2)   The subdivision survey shall conform to the procedures as defined by the Kansas Society of Land Surveyors Standards.

(3)   All required improvements shall be designed and built in accordance with the latest edition of the A.W.P.A. criteria unless otherwise noted in the city’s public improvement standards.

(A)  Offsite road improvements. When an area to be subdivided contains lots adjacent to an existing road, said road shall be suitably improved as required by the street construction standards for the city based on its functional classification.

(B)  Grading. All streets shall be graded to their full right-of-way width as approved by the planning director.

(C)  Paving. Road base and paving shall be installed in accordance with the specifications and standards adopted by the city.

(D)  Curbs and gutters. Vertical face curbs and gutters shall be installed in accordance with the specifications and standards adopted by the city.

(4)   Bridges and culverts shall be constructed only at locations approved by the city in accordance with plans and specifications approved by the planning director.

(5)   Sidewalks shall be constructed on both sides of all streets in all zoning districts except for A-L. However, in the interest of a better arrangement of pedestrian circulation and to accommodate special design features of the developments, this requirement may be waived with conditions, if the development is part of a plan approved by the governing body. Also, sidewalks may be required exceeding the above standards if they are necessary to complete pedestrian ways across a lower density development. Sidewalks in residential development shall be constructed prior to the issuance of certification of occupancy. The design and installation of sidewalks shall meet all state and federal requirements.

(6)   Storm drainage and sanitary sewers shall be designed by applicant’s registered professional engineer, approved by the city and installed by the subdivider.

(7)   Water distribution system, including the number and location of fire hydrants, shall be designed by a registered professional engineer and approved by the city and installed by the subdivider.

(8)   Street name signs and traffic control signs shall be provided by the developer in accordance with the standards and specifications of the city. The city shall replace and maintain said signs after the initial installation by the developer.

(9)   Sewage treatment plants and pumping stations, if approved, shall be constructed in accordance with the specifications and standards of the Kansas Department of Natural Resources.

(10) A street light plan shall be designed by applicant’s registered professional engineer and approved by the city. The subdivider shall agree to pay all costs of installation and all costs incurred by the city for said streetlights of a period of five years. A bond or other financial assurance in a form acceptable to the city may be required to ensure payment.

(11) All public utilities must be installed underground. Plans for underground facilities shall be prepared by, or at the direction of, the agency involved.

(d)   Recommended improvements.

(1)   Tree planting. The planting of street trees by the subdivider is strong recommended. The subdivider should discuss with the planning director to ensure appropriate placement and species.

(2)   Subdivision identification signs. Subdivision identification signs, if desired, shall be places at entrances to the subdivision and shall be within an easement or private property. The developer or homeowners association is responsible for the maintenance and upkeep of the identification signs. Location of signs shall be subject to the provisions of the subdivision regulations as well as other applicable regulations.

(3)   Limited access. Whenever the proposed subdivision contains or is adjacent to a major street or highway, adequate protection of residential properties and limitations of access shall be provided.

(e)   Agreement for the installation of improvements. Prior to the approval of a final plat by the governing body for any subdivision located in the city or in any area where improvements are required to be installed to city standards, the subdivider shall enter into a written agreement with the city, in which all required improvements are specified, together with method of construction and provisions for payment of the cost thereof.

(f)    Inspection of improvements. The subdivider shall contract with a professional engineer registered in the State of Kansas qualified to perform surveying, staking, inspection and testing services, and “as- built” construction plans, and furnish to the city, a copy of said contract. Upon inspection, if any of the required improvements have not been completed in accordance with the city’s construction standards and specifications, the subdivider shall be responsible for completing said improvements. Building permits shall not be issued until an affidavit, signed and sealed by a registered professional engineer, has been delivered to the city stating all the required improvements have been in accordance with the approved plans, standards and specifications.

(g)   Vacate undeveloped subdivision. When no lots on a subdivision plat have been sold, the subdivider may request the plat be vacated prior to the time that the improvements covered by the bond are installed, and when such plat is vacated, all fiscal sureties shall be returned to the subdivider.

(Code 2016, Sec. 106-136)

(a)   Final construction plans. The subdivider or developer shall have plans and engineering drawings, complete with other engineering information prepared for required improvements by a registered engineer. The complete plans, drawings and other engineering information shall be submitted to the planning director at least 30 days prior to the final plat being reviewed by the planning commission. Failure to submit these plans, drawings, and other information shall cause the final plat to be pulled from the application processing cycle.

(b)   Content of engineering drawings. Engineering plans, drawings and other engineering information shall contain the following data and information and shall conform to the following requirements. For items not addressed within this article see Appendix D, APWA Design Criteria—Streets.

(1)   All plans, profiles and details of proposed improvements shall be on standard plan and profile sheets or other appropriate sheets. Each sheet of the drawings shall be on 24 inches by 36 inches sheets with an appropriate border and a title block in the lower right hand corner. The title block shall contain at least the name of the subdivision, a brief description of the information shown on the individual sheet, the name and address of the developer, the name, address and professional seal of the engineer, the date of the original drawing and the date of any revisions to the drawing. A vicinity map shall be shown on the cover sheet. Plans and profiles shall be shown to a horizontal scale of one inch equals 100 feet and a vertical scale of one inch equals ten feet, or a horizontal scale of one inch equals 50 feet and a vertical scale of one inch equals five feet. The scale and north point shall be clearly indicated on each sheet. If the drawings consist of three or more sheets there shall also be an appropriate cover or title sheet showing the entire subdivision at a suitable scale, the subdivision name, a brief description of the nature of the drawings, an index to the drawings and other applicable information.

(2)   Plans, profiles and details for roadway and sidewalk construction shall show profiles of the existing topography elevations, profiles of proposed sidewalks, curb and street centerline elevations, intersection control elevations, paving geometrics, typical cross-sections and other data required for staking and construction. Construction specifications and cost estimates shall be submitted with the plans.

(3)   Plans, profiles and details of storm sewer and storm drainage improvements shall show existing profiles, proposed flow-line profiles, grades and elevations, manhole details, drainage structure details and inlet details, plus any other data necessary for staking and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required submittals for review.

(4)   Plans and details of the proposed water distribution system and water supply facilities shall show all information necessary for review and construction of the systems, including line sizes, fire hydrant locations and valve locations. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required submittals for review.

(5)   Plans, profile and details for sanitary sewer systems and sewage treatment facilities shall show line sizes, grades flow-line elevations and other information necessary for plan review and construction. Construction specifications and cost estimates shall be submitted with the plans. Copies of engineering calculations may also be required for submission and review.

(6)   Grading plans for all lots and tracts in the subdivision requiring fill or more that 30 inches showing the existing ground contours, proposed finish ground contours, and drainage shall be submitted. Construction specifications and cost estimates shall be submitted with the plans.

(7)   When unusual site conditions exist, the planning director may require additional plans, drawings and specifications as may be necessary for adequate review of the proposed improvements.

(8)   All plans shall be based on USGS datum. Benchmark descriptions and elevations shall be shown on the plan sheets.

(9)   All plans for underground wiring shall be prepared by or at the direction of the agency involved.

(c)   Review of engineering drawings. The planning director shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with the design standards. In the event that the drawings do not conform and comply, the planning director shall notify the subdivider in writing of the specific manner in which such drawings do not comply, and the subdivider may then correct such drawings.

(d)   Recommendation by planning commission. The planning commission shall not consider a final plat until the planning director has approved the engineering drawings and any other required plans. The governing body shall not consider a final plat until the planning commission has made a recommendation on it.

(e)   Construction permits. No improvements shall be constructed nor shall any preliminary work be done until such time as the engineering drawings have been approved and a construction permit issued. Permits shall have a required time limit for completion of the work, with a provision that would include any authorized time extension. Preliminary grading may take place if a grading plan has been approved by the planning director and a grading permit has been issued.

(f)    Certificate of insurance. The contractors shall indemnify the city, with Certificate of Insurance with the city named as certificate holder. The contractor shall secure and maintain throughout the duration of construction, insurance of types and in amounts as may be necessary to protect himself/herself and the interest of the city against all hazards or risk of loss. The form and limits of such insurance together with each underwriter, shall be the responsibility of the contractor. It shall be the responsibility of the contractor to maintain adequate insurance coverage at all times.

The contractor may satisfy the liability limits required for each type of insurance by securing and maintaining an umbrella excess liability type policy. Satisfactory Certificates of Insurance shall be filed with the city before a construction permit will be issued. The liability limits shall not be less than:

(g)   Performance bonds.

(1)   The contractor shall furnish a performance bond before a construction permit will be issued as security for the faithful performance of all his/her obligations under section 16-1006(e), Agreement for the installation of improvements. Each bond shall be in the amount at least equal to the contract price, and in such form and with such sureties as acceptable to the city.

(2)   No person, firm or corporation shall dump or deposit or cause to be dumped or deposited any dirt, gravel, rubbish, leaves or other debris, including, but not limited to lumber, paper, trash, concrete or metal in any street right-of-way, gutter, storm sewer, waterway or drainage-way. Erosion of soil which flows onto any street, right-of-way, gutter, storm sewer, waterway or drainage way, from property before or during construction shall be considered as depositing dirt, gravel or other construction debris.

If upon inspection by the city, it is determined that dirt, gravel, rubbish, leaves or other debris has been dumped or deposited in any street, right-of-way, gutter, storm sewer, waterway or drainage-way in violation of the provisions of this section, he/she shall then notify the responsible permittee or permittees and establish a 24-hour period to make the affected area free of said dirt, gravel or debris. If within the 24-hour period the said area is not clear, the city may take necessary action to clean up the said area and assess all charges at an established hourly rate, but in no case will the charges be less than two hours for labor, materials and equipment.

(h)   Final inspection.

(1)   All improvements constructed or erected shall be subject to inspection by the city. The cost attributable to all inspections required by this article shall be set forth in the schedule of fees and charged to and paid by the subdivider. The following improvements shall be subject to inspection.

(A)  All phases of roadway and sidewalk construction.

(B)  All phases of construction including, but not limited to, water lines, sanitary sewer lines, storm sewer, underground wiring and other required improvements.

(2)   Construction of any public improvement, or grading of land in conjunction with approved plans, shall be limited over weekends and/or holidays. If said improvement is to be inspected by the city, such construction must be left uncovered, lined with safety fence and stabilized, until inspection of that portion of construction has been conducted. If improvements have been constructed and covered without inspection thereto, the city may require that particular section be uncovered, at the sole expense of the contractor, and inspected.

(3)   Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the planning director who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he/she shall notify the subdivider of such defects, deficiencies or deviations and the subdivider shall, at his/her sole expense correct such defects or deviations. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the planning director that the improvements are ready for inspection.

(i)    Report to the city. If a final inspection indicates that all improvements as installed contain no defects, deficiencies or deviations, the planning director shall certify that all improvements have been installed in reasonable conformity with the engineering plans and specifications accompanying the plat.

(j)    As built drawings. Upon completion of the work, or any phases thereof, the developer shall furnish permanent, reproducible “as built” drawings of the work to the city.

(k)   Survey monuments. All required survey monuments disturbed, destroyed, obliterated or lost during construction shall be replaced upon completion of the work by the developer or his/her contractors at the cost of the developer.

(l)    Maintenance bond and maintenance of improvements.

(1)   When all or parts of required improvements in a subdivision are installed, and the required inspections have been made, the developer shall furnish to the city a maintenance bond equal to 50 percent of the construction cost of said improvements. Said maintenance bond shall be conditioned that improvements shall endure without need of repairs for a period of two years.

(2)   Within the time period prescribed by the bond, the contractor, as ordered by the planning director, shall repair, replace or rebuild such portions of the work which are found to be faulty because of material or workmanship. The contractor shall begin the remedial work not later than five days after the order from the planning director. In case the contractor does not start the remedial work within the above time limit, or in case of an emergency condition caused by faulty workmanship, the city may take the remedial action and charge the cost thereof against the contractor and his/her surety.

(3)   Prior to the expiration of the maintenance bond, an inspection of the bonded improvements shall be made by the city and if improvements are without need of repairs, the city shall release the maintenance bond and assume the responsibility of maintenance of the improvements.

(m)  Acceptance of improvements. Upon determining that all improvements have been installed in reasonable conformity with the approved engineering drawings and in reasonable conformity with the requirements of this article and all other applicable statutes, ordinances and regulations, that all “as built” drawings have been furnished as required and that all survey monuments are in place, the city will thereupon formally accept such improvements. The improvements shall become the property of the city. This acceptance does not relieve the developer of any obligation to maintain these facilities as may be required by the maintenance bond.

(Code 2016, Sec. 106-137)

The planning director is authorized, as deemed necessary, to prepare administrative guidelines to augment, implement and provide further details and examples of methods and manners of complying with the minimum design standards of this article, and to assist city staff, the planning commission and the governing body in evaluating whether a proposed subdivision complies with the minimum design standards.

(Code 2016, Sec. 106-138)

(a)   Appeals generally. The subdivider of a proposed subdivision may appeal decisions made in the enforcement of these subdivision regulations by the planning director to the planning commission and by the planning commission to the governing body.

(b)   Appeals on improvement standards. Any appeal as to the approval of standards, or plans and engineering drawings in connection with required improvements shall be directed to the governing body, and that action shall be final.

(c)   Waiver of required improvements. Any waiver of the required improvements may be made only by the governing body on a showing that such improvement is technically not feasible.

(d)   Variances. In cases in which there is unwarranted hardship in carrying out the literal provisions of these subdivision regulations as to design criteria, e.g., lot width, lot depth, block length, etc., the governing body may approve a variance from such provision provided:

(1)   The strict application of these subdivision regulations will create an unwarranted hardship.

(2)   The proposed variance is in harmony with the intended purpose of these subdivision regulations and that the public safety and welfare will be protected.

(e)   Variances—Planned development. When a plat or subdivision is prepared in connection with a planned development, the governing body may vary the design standards contained in this article to such extent as may be necessary to permit the preparation of a planned development plan provided the variance and the planned development are in harmony with the intended purpose of this Unified Development Code and the public safety and welfare are protected.

(Code 2016, Sec. 106-139)