08-13-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 21 d. Whenever a flowage and conservation easement is required, the easement shall be fully 856 executed prior to final plat approval, using the legal descriptions of the final plat, and shall 857 thereafter be filed in the chain of title of the property concurrent with the filing of the final 858 plat. 859 (6) Homeowners' association agreements. The council may require the subdivider to create a viable 860 homeowners' association, acceptable to the city, which will be responsible for the ownership and 861 maintenance of, among other things, common facilities, private roads, private sewer and water 862 lines, open space, pathways, drainageways, and drainage ponds, and any improvements which are 863 not to be accepted by the city for public ownership and maintenance. 864 (7) Development contracts. The council may require the subdivider to execute a development 865 contract prior to final plat approval. The development contract shall set forth in the standard city 866 form those improvements required to be completed as a condition of plat approval, the party 867 responsible for the installation and maintenance of the improvements, and the method of payment 868 of the installation and maintenance costs. 869 Sec. 82-213. - Assurance for completion and maintenance of required public or private 870 improvements— 871 The following provisions apply to subdivisions: 872 (1) Completion of required public or private improvements. Before the mayor and city clerk sign a 873 final plat, the subdivider shall complete or agree to complete at their cost all of the required public 874 or private improvements as required in this chapter and as specified in the resolution approving 875 the final plat and in the development contract, and in the case of public improvements, to dedicate 876 them to the city, free and clear of all liens and encumbrances on the property and public 877 improvements thus dedicated. 878 (2) Performance Security 879 a. The city may require the developer furnish security, in the amount of 125% of the cost of the 880 improvements, to guarantee their completion. . 881 b. Such performance security shall comply with all statutory requirements and be satisfactory 882 to the city attorney as to form and manner of execution. The period within which the required 883 public and private improvements must be completed shall be specified by the city in the 884 resolution approving the final plat or in the development contract and shall not exceed two 885 years from date of final plat approval. 886 (3) Temporary improvement. The subdivider shall build and pay for all costs of temporary 887 improvements required by the city and shall maintain them for the period specified by the city. 888 Prior to construction of any temporary facility or improvement, the subdivider shall file with the 889 city a separate suitable performance security for temporary facilities, which securityshall ensure 890 that the temporary facilities will be properly constructed, maintained and removed. 891 (4) Cost of improvements. All required public and private improvements shall be made by the 892 subdivider, at their expense, without reimbursement by the city. 893 (5) Governmental units. Governmental units to which these security and contract provisions apply 894 may file in lieu of a contract or bond a certified resolution or ordinance of that governmental unit's 895 agreeing to comply with the provisions of this chapter. 896 (6) Failure to complete required improvements. For plats for which no performance security has 897 been posted, if the improvements are not completed within the period specified by the city in the 898 resolution approving the final plat, the approval shall be deemed to have expired. In those cases 899 where a performance security has been posted and required improvements have not been installed 900 within the term of such performance security and resolution approving the final plat, the city may 901