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July 20, 2020 page 30
<br />b. Whenever areas of the plat are to be set aside for public or private utility construction and 1259
<br />use, such areas shall be described and dedicated for public use on the plat. This shall include 1260
<br />areas shown on record plat drawings as drainage and utilities easements. 1261
<br />c. Whenever a road and utilities easement is required, the easement shall be fully executed prior 1262
<br />to final plat approval, using the legal descriptions of the final plat, and shall thereafter be 1263
<br />filed in the chain of title of the property concurrent with the filing of the final plat. 1264
<br />(5) Flowage and conservation easements. The council may, upon recommendation of the planning 1265
<br />commission and/or city staff, require the subdivider to convey to the city a flowage and 1266
<br />conservation easement restricting the use, improvement and development of certain portions of 1267
<br />the land to be subdivided. Flowage and conservation easements will be made a condition of final 1268
<br />plat approval as follows: 1269
<br />a. Whenever any open water, creek, stream or natural drainageway occurs in any portion of the 1270
<br />subject tract, the floodplain or floodway of the lake, pond, stream, creek or drainageway 1271
<br />shall be described as a drainage easement subject to a flowage and conservation easement to 1272
<br />the city. 1273
<br />b. Whenever any wetlands, marshlands or lowland acting as a stormwater retention area occurs 1274
<br />within any portion of the subject tract, that area shall be described consistent with established 1275
<br />flood or water retention elevations, soil type characteristics and vegetation characteristics as 1276
<br />a drainage easement subject to a flowage and conservation easement to the city. 1277
<br />c. Flowage and conservation easements may be described and conveyed by metes and bounds 1278
<br />with the ownership and maintenance responsibilities remaining with the individual parcels 1279
<br />of class I subdivisions. 1280
<br />d. Whenever a flowage and conservation easement is required, the easement shall be fully 1281
<br />executed prior to final plat approval, using the legal descriptions of the final plat, and shall 1282
<br />thereafter be filed in the chain of title of the property concurrent with the filing of the final 1283
<br />plat. 1284
<br />(6) Homeowners' association agreements. The council may, upon recommendation of the planning 1285
<br />commission and/or city staff, require the subdivider to create a viable homeowners' association, 1286
<br />acceptable to the city, which will be responsible for the ownership and maintenance of, among 1287
<br />other things, common facilities, private roads, private sewer and water lines, open space, 1288
<br />pathways, drainageways, and drainage ponds, and any improvements which are not to be accepted 1289
<br />by the city for public ownership and maintenance. Such maintenance shall include, among other 1290
<br />things, repair, replacement when necessary, snow removal, grass cutting, weed control, cleanup 1291
<br />of trash and debris, mosquito control, odor control, silt removal from drainage ponds and 1292
<br />drainageways, and grading and surfacing of private roads. If a reasonable maintenance standard 1293
<br />is not maintained by the homeowners' association, the city shall have the right to take corrective 1294
<br />action it deems appropriate to protect the health, safety and welfare of the public and to assess 1295
<br />against the homeowners' association and/or land in the subdivision for all costs incurred. Such 1296
<br />corrective action will not change the status of a private improvement. Such a homeowners' 1297
<br />association agreement is required by the city; or whenever a subdivider intends to create a 1298
<br />homeowners' association, the form and content of the association agreement must be approved by 1299
<br />the city prior to final plat approval. The subdivider shall submit three copies of the proposed 1300
<br />association agreement, bylaws and articles of incorporation for incorporated associations to the 1301
<br />city attorney for review. 1302
<br />(7) Subdivider's agreementDevelopment contracts. The council may, upon the recommendation of 1303
<br />the planning commission and/or city staff, require the subdivider to execute a subdivider's 1304
<br />agreementdevelopment contract prior to final plat approval. The subdivider's 1305
<br />Commented [JB84]: Examine
<br />
<br />Commented [JB85R84]: completed
<br />Commented [SM86]: The Statute calls it a development
<br />contract
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