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08-13-2020 Council Packet
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08-13-2020 Council Packet
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July 20, 2020 page 20 <br />The following provisions apply to subdivisions: 811 <br />(1) Improvements. All public and/or private improvements required by the city to be completed by 812 <br />the subdivider after final plat approval shall be fully set forth in a development contract to be 813 <br />executed prior to final plat approval. All local streets in plats where sewer and water are not 814 <br />available shall be private unless otherwise approved by the city at preliminary plat approval. The 815 <br />city reserves the right to determine whether a road is to be public or private in all areas of the city. 816 <br />All improvements shall meet or exceed the minimum standards as illustrated on the Orono 817 <br />Standard Construction Details, as amended and adopted by the Orono City Council from time to 818 <br />time. 819 <br />(2) Public roads. Public streets and roads will be required to be platted, constructed and dedicated 820 <br />to the city when required by the council consistent with the recommendations of the planning 821 <br />commission and the city staff and the established city practices and design standards. Public roads 822 <br />shall be subject to the conditions of a development contract to be executed prior to final plat 823 <br />approval. 824 <br />(3) Private roads. When the preliminary plat has been approved on the basis of a private access road 825 <br />providing the only access to three or more lots, the private road shall be identified on the final 826 <br />plat as a separate outlot. The private road shall be identified by name if the road serves four or 827 <br />more lots. Whenever a private road outlot is proposed, the subdivider shall be required to provide 828 <br />for a permanent homeowners' association or road maintenance agreement acceptable to the city 829 <br />in order to ensure ownership and maintenance of the road outlot. 830 <br />(4) Road and utilities easements. The council may require the subdivider to convey to the city certain 831 <br />road and utility easements permitting public ingress, egress and access over private roads as a 832 <br />condition of final plat approval. 833 <br />a. Whenever a private access road is authorized, the required outlot shall be included on and 834 <br />conveyed in a road and utilities easement in the standard city form. 835 <br />b. Whenever areas of the plat are to be set aside for public or private utility construction and 836 <br />use, such areas shall be described and dedicated for public use on the plat. This shall include 837 <br />areas shown on record plat drawings as drainage and utilities easements. 838 <br />c. Whenever a road and utilities easement is required, the easement shall be fully executed prior 839 <br />to final plat approval, using the legal descriptions of the final plat, and shall thereafter be 840 <br />filed in the chain of title of the property concurrent with the filing of the final plat. 841 <br />(5) Flowage and conservation easements. The council may require the subdivider to convey to the 842 <br />city a flowage and conservation easement restricting the use, improvement and development of 843 <br />certain portions of the land to be subdivided. Flowage and conservation easements will be made 844 <br />a condition of final plat approval as follows: 845 <br />a. Whenever any open water, creek, stream or natural drainageway occurs in any portion of the 846 <br />subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway 847 <br />shall be described as a drainage easement subject to a flowage and conservation easement to 848 <br />the city. 849 <br />b. Whenever any wetlands, marshlands or lowland acting as a stormwater retention area occurs 850 <br />within any portion of the subject tract, that area shall be described consistent with established 851 <br />flood or water retention elevations, soil type characteristics and vegetation characteristics as 852 <br />a drainage easement subject to a flowage and conservation easement to the city. 853 <br />c. Flowage and conservation easements may be described and conveyed by metes and bounds 854 <br />with the ownership and maintenance responsibilities remaining with the individual parcels. 855
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