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09-14-2020 Council Packet
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09-14-2020 Council Packet
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July 20, 2020 page 33 <br />improvements by a subsequent lot owner or homeowners' association. The subdivider shall be required 1400 <br />to maintain all public improvements and provide for snow removal on streets and sidewalks until 1401 <br />acceptance of such public improvements by resolution of the city. If there are any certificates of 1402 <br />occupancy upon a street not already dedicated to and accepted by the city, the city may on 12-hours' 1403 <br />notice plow the street or effect emergency repairs and charge the cost to the subdivider, and, if the 1404 <br />subdivider fails to pay those amounts within ten days of receipt, the city may declare a portion of the 1405 <br />performance bond to be in default and to charge those moneys against that portion of the performance 1406 <br />bond. 1407 <br />(b) The subdivider shall be required to file a warranty bondBond with the city, prior to the issuance of 1408 <br />the certificate of satisfactory completion, in an amount considered adequate by the city engineer and 1409 <br />in a form satisfactory to the city attorney in order to ensure the satisfactory condition of the required 1410 <br />public and/or private improvements, including all lot improvements on the individual subdivided lots 1411 <br />for a period of one year after the date of the issuance of the certificate of satisfactory completion. 1412 <br />Sec. 82-216. - Deferral of required public or private improvements. 1413 <br />(a) The city may defer at the time of the approval of the final subdivisionplat, subject to appropriate 1414 <br />conditions, the installation of any or all such public or private improvements as, in its judgment, are 1415 <br />not requisite in the interest of the public health, safety and general welfare, or which are inappropriate 1416 <br />because of the inadequacy or lack of connecting public or private improvements. 1417 <br />(b) Whenever it is deemed necessary by the city to defer the construction of any public or private 1418 <br />improvements required in this section because of incompatible grades, future planning, inadequate or 1419 <br />lack of connecting public or private improvements, or for other reasons, the subdivider shall pay 1420 <br />histheir estimated share of the cost of the future improvements to the city prior to the signing of the 1421 <br />final subdivisionplat; or the subdivider may post a bond security insuring completion of such 1422 <br />improvements upon demand of the city. 1423 <br />Sec. 82-217. - Nonresidential subdivisions. 1424 <br />(a) General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, 1425 <br />the layout of the subdivision with respect to such land shall make such provision as the council may 1426 <br />require. A nonresidential subdivision shall also be subject to all the requirements of the site plan 1427 <br />approval set forth in chapter 78. Site plan approval and nonresidential subdivision approval may 1428 <br />proceed simultaneously at the discretion of the council. A nonresidential subdivision shall be subject 1429 <br />to all the requirements of this chapter, as well as such additional standards required by the council, and 1430 <br />shall conform to the proposed land use and standards established in the comprehensive municipal plan, 1431 <br />and chapter 78. 1432 <br />(b) Standards. In addition to the principles and standards in this chapter, which are appropriate to the 1433 <br />planning of all subdivisions, the subdivider shall demonstrate to the satisfaction of the council that the 1434 <br />street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into 1435 <br />account other uses in the vicinity. The following principles and standards shall be observed: 1436 <br />(1) Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial 1437 <br />development anticipated. 1438 <br />(2) Street rights-of-way and pavement shall be adequate to accommodate the type and volume of 1439 <br />traffic anticipated to be generated upon them. 1440 <br />(3) Special requirements may be imposed by the city with respect to street, curb, gutter, and sidewalk 1441 <br />design and construction. 1442 <br />(4) Special requirements may be imposed by the city with respect to the installation of public 1443 <br />utilities, including water, sewer, and stormwater drainage. 1444 <br />Commented [JB95]: Do we do this? Does anybody? <br />Commented [JB96]: The language would be in the DA. <br />We wouldn’t grant a CO for a new home, so this would only <br />apply to existing homes with access elsewhere. (690 Brown <br />eg)
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