City of Belgrade Subdivision Regulations

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SECTION 8: IMPROVEMENTS PROCEDURES

  1. Improvements
  2. Improvements Procedures
  3. Acceptance of Improvements
  4. Bonding Requirements to Ensure Completion of Public Improvements

  1. Improvements.

    1. General: It shall be the responsibility of the subdivider to comply with the following procedures and standards for the installation of subdivision improvements.

    2. Plans and Specifications: Engineering and survey plans, specifications and reports required in connection with public improvements and other elements of the subdivision required by the Council shall be prepared by an engineer or a registered land surveyor as their respective licensing laws allow.

    3. Scope of Work: The intent of these Regulations is to provide standards by which the contractor and the subdivider shall execute their respective responsibilities and guarantee proper construction and completion in every detail of the work in accordance with the plans, specifications and terms set forth under these Regulations.

      The subdivider shall furnish the plans, specifications and typical section for approval by the City Engineer and Public Works Department. It shall be understood that the work to be done will not necessarily be limited to within the right-of-way boundaries.

      The Council shall have authority to make or cause to be made any reasonable changes, alternations, amendments and additions to the standard specifications for subdivision roads and roads not to exceed twenty-five percent (25%) of the cost of the work.

  2. Improvements Procedures.

    1. Improvement Procedure: After the preliminary plat has received approval or conditional approval and before the final plat is submitted, the following procedure for approval of improvement plans and specifications shall be completed.

      1. Submittal. Engineering plans and specifications for all improvements required by these Regulations shall be submitted to the Public Works Department and to MDEQ, if appropriate.

      2. Review. Plans and specifications shall be locally reviewed by the:

        (1) Public Works Department and City Engineer, to ascertain that the engineering plans and specifications meet the requirements of this Regulation and other adopted rules and regulations. And when determined by the Public Works Department to be necessary:

                (a) Planning department, to ascertain that there have been no significant
                      deviations from the preliminary plat, as approved.
               (b) Other affected local agencies and utilities.

      3. Comments and Recommendations. Written comments and recommendations from the local reviewing agencies shall be forwarded to the Public Works Department within 15 days of submission.

      4. Approval. After comments and recommendations have been received from local agencies and a certificate of approval of sanitary facilities has been received from MDEQ, the Director of Public Works shall either approve the plans and specifications or shall inform the subdivider in writing as to what additional requirements must be met to receive approval.

      5. Pre-Construction Meeting. Prior to beginning construction of required road or pathway improvements, the subdivider or a representative, the subdivider's engineer, and the contractor who will install the improvements shall meet with the Public Works Department to ensure that improvements will be installed in accordance with approved plans and specifications.

      6. Completion of Improvements. Improvements shall be installed, in accordance with the approved plans and specifications, by the subdivider and certified by an engineer and accepted by the Public Works Department prior to the approval of the final plat or in accordance with the terms of an executed improvements agreement.

      7. Improvements Agreements. All improvements agreements shall meet the following standards:

        (1) The length of time of the agreement shall not exceed three years from the date of final plat approval.
        (2) Security in the amount equal to one hundred twenty-five percent (125%) of the cost of the improvement shall be included. The Council has the discretion to require a second estimate of the cost of improvements. The cost of obtaining the second estimate shall be borne by the subdivider. Such security shall be in the form of a certificate of deposit, letter of credit, cash, or other resonable security approved by the Council.
        (3) The agreement and security shall be satisfactory to the City Attorney as to form and manner of execution.
        (4) Security for improvements, other than internal subdivision roads, shall be reduced only upon recommendation of the Director of Public Works and approval by the Council, upon request by the subdivider. Requests for partial release of security shall only be in amounts such that the security will always equal one hundred twenty-five percent (125%) of the value of the uncompleted work, as determined by the City Engineer and such that not more than ninety percent (90%) of the security is released prior to completion of improvements.
        (5) The improvements agreements and, when needed, the security shall be placed in the keeping of the City Clerk.

    2. Design Standards:
      1. Roads. All road improvements shall be designed by and constructed under the supervision of an engineer and shall meet or exceed the standards for the type of road and subdivision required. All road improvements shall be reviewed and approved by the City Engineer and the Public Works Department.

        (1) Construction materials specified may be substituted with other appropriate materials with the approval of the City Engineer.
        (2) Roads within mobile home and recreational vehicle parks shall meet or exceed the standards with the exception of the roadway width requirements.
        (3) Following the completion of all required improvements, the subdivider shall have an as built plan prepared. The as built plan shall be drawn in permanent ink on the original construction plan and profile. The as-built plan shall show the actual location of all improvements as installed, and shall clearly designate any and all changes from the approved plans and specifications, and shall bear the signature and seal of the engineer who prepared it.

      2. Emergency Access Standards.

        (1) All emergency access roads shall be built to the standard specified with the exception that the minimum width shall be fourteen feet (14’), and a minimum of nine inches (9”) of pit run shall be required.
        (2) All plans shall be submitted to the Public Works Department for review and approval.
        (3) Provisions for maintenance of the emergency access shall be included.

    3. Protection of Existing Improvements: The subdivider, his contractors, and suppliers shall be jointly and severally responsible that existing improvements are not damaged or rendered less useful by the operation of the subdivider, his contractors, or suppliers. This provision is intended to preclude damage to existing roads and drainage systems. The Council may instruct the subdivider as to the roads to be used for access by construction equipment, and the subdivider shall be responsible for enforcement of this instruction upon his contractors and their suppliers. The Council may require the subdivider to post a surety to guarantee repair of damages.

    4. Control of Work: Requirements of the engineer: During the course of construction, at the completion of each phase of the project, the engineer will be required to submit a statement that the improvements have been inspected and found to have been constructed in accordance with plans and specifications approved by the City Engineer and Public Works Department. The engineer shall notify and receive written approval or disapproval from the City Engineer for any changes in approved plans or specifications.

    5. Conformity with Plans and Specifications: All work performed and all materials furnished shall be in substantial conformity with lines, grades, cross sections, dimensions, and material requirements.

  3. Acceptance of Improvements.

    1. Acceptance of Subdivision Roads and Bridges to City Road System:

      1. City Standards. Before any subdivision road or bridge can be accepted into the City road system by the Council, it shall be built to meet or exceed the standards set by the City. Existing roads or bridges shall be improved to meet or exceed the standards set by the City.

      2. Maintenance of Roads. If a public subdivision road has been built to a paved standard approved by the Public Works Department, the City will then accept responsibility for maintenance and snow removal of that subdivision road.
  4. Bonding Requirements to Ensure Completion of Public Improvements.

    1. The subdivider shall complete required improvements within the subdivision prior to the approval of final plat, except as provided in these Regulations.

    2. In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the subdivider shall provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the Council, providing for and securing the construction and installation of the improvements within a period specified by the Council and expressed in the bonds or other security. The Council shall reduce bond requirements commensurate with the completion of improvements, subject to these Regulations.

    3. In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements, the Council may approve an incremental payment or guarantee plan. The improvements in a prior increment must be completed or the payment or guarantee of payment for the costs of the improvements incurred in a prior improvement must be satisfied before development of future increments.

    4. The bond shall be placed in the keeping of the City Clerk.