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City of Nowthen

Section · SUBDIVISION ORDINANCE

Ch.10 § 5-1

Verified

Canonical: Nowthen.CityCode.Ch10.§5-1

SUBDIVISION ORDINANCE · PERFORMANCE CONTRACT

A. Before a final plat is approved by the City Council, the owner and subdivider of the land covered by said plat shall execute and submit to the City Council an agreement to make and install, within one (1) year, all improvements required to be installed by him under these regulations in accordance with the plans and specifications approved by the City Council. The agreement shall be accompanied by a cash escrow agreement or a performance bond, to be approved by the City Attorney, in an amount equal to one and one-half (1 1/2) times the City Engineer's estimated cost of said improvements. The performance bond, if one is submitted, shall be conditioned upon: 1\. The making and installing of the improvements required under the terms of the regulations within a one (1) year period. 2\. Completion of the work undertaken by the subdivider in accordance with the contract executed by them and for them. 3\. The payment by the owner or subdivider to the City of all expenses of the City, if appropriate, for the preparation of any plans and specifications of the improvements required under these regulations and the inspection and construction by the City Engineer, as well as legal fees and other expenses in connection with such improvements. B. If a cash escrow agreement is submitted, such agreement shall provide that payments therefrom for improvements shall be made only on the joint order of the subdivider and the City and the agreement shall further provide that in the event the required improvements are not completed within a one (1) year period, all amounts held under the escrow agreement shall be turned over and delivered to the City and applied by the City to the cost of the required improvements. If the funds available are not sufficient to complete the required improvements, the necessary additional cost shall be assessed against the subdivision. Any balance remaining in the escrow fund after such improvements have been made shall be <!-- PageNumber="10 - 31" --> <!-- PageBreak --> returned to the owner or subdivider. The performance contract shall also provide that the subdivider shall provide the City with a bond to provide for maintenance/repair for all new roads in the subdivision for a period of one (1) year from the date of acceptance of the street. (Ordinance #2, adopted November 14, 2006) 10-5-2: CONSTRUCTION PLANS AND SPECIFICATIONS: Construction plans and specifications for the required improvements, conforming in all respects with the code and ordinances of the City, shall be prepared at the expense of the subdivider by a professional engineer registered in the State of Minnesota. Such plans and specifications shall be approved by the City Engineer and shall become part of the performance contract. Two (2) prints of said plans and specifications shall be filed with the City Clerk. (Ordinance #2, adopted November 14, 2006) 10-5-3: BREACH OF CONTRACT/COMMITMENTS: No subdivider or developer shall be permitted to start work on any other subdivision without special approval of the City, if they have previously defaulted on work or commitments within the City on previous developments. (Ordinance #2, adopted November 14, 2006) 10-5-4: INSPECTIONS: All required land improvements to be installed under these regulations shall be inspected at the subdivider's expense during the course of construction. Such inspections shall be by the City Engineer or an inspector appointed by the City Council. (Ordinance #2, adopted November 14, 2006) <!-- PageNumber="10 - 32" --> <!-- PageBreak --> # SECTION 6 STANDARD PLATTING PROCEDURE <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>10-6-1</td> <td>Initial Process</td> </tr> <tr> <td>10-6-2</td> <td>Preliminary Plat Process</td> </tr> <tr> <td>10-6-3</td> <td>Final Plat Process</td> </tr> <tr> <td>10-6-4</td> <td>County Review of Final Plat/Recording</td> </tr> </table> 10-6-1: INITIAL PROCESS: The principal steps to be taken in preparing subdivision plats and securing approval are summarized as follows: A. Subdivider meets first with the Planning & Zoning Commission at a regularly scheduled meeting to discuss the proposed development and requirements and procedure to be followed. A sketch plan of the proposed development provided by the developer is required for this discussion. B. Subdivider prepares a preliminary plat in accordance with requirements of Section 10-7-3 of this Chapter showing approximate street grades and drainage, and files four (4) copies of this plan with the City Clerk, together with an outline of the type of water supply, sewage disposal, street improvements, drainage structures, park dedication and trail construction which he intends to provide, and accompanied by the required filing fee. The subdivider shall provide the City with ten (10) copies of the preliminary plat at least twenty-one (21) days prior to the Planning & Zoning Commission meeting. C. All preliminary information is referred to the Planning & Zoning Commission and City staff for review, if required. (Ordinance #2, adopted November 14, 2006)

Amendment history

No amendments recorded for this section yet. Admin review will populate this from minutes & agenda packets.