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SECTION 8: IMPROVEMENTS PROCEDURES
- Improvements Procedures
- Acceptance of Improvements
- Bonding Requirements to Ensure Completion of Public
- General: It shall be the responsibility of the subdivider to comply
with the following procedures and standards for the installation
of subdivision improvements.
- 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.
- 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.
- Improvements Procedures.
- 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.
- 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.
- Review. Plans and specifications shall be locally reviewed
(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.
- 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.
- 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.
- 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.
- 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
- 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.
- Design Standards:
- 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
- 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
- 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.
- 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.
- 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.
- Acceptance of Improvements.
- Acceptance of Subdivision Roads and Bridges to City Road System:
- 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.
- 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.
- Bonding Requirements to Ensure Completion
of Public Improvements.
- The subdivider shall complete required improvements within the
subdivision prior to the approval of final plat, except as provided
in these Regulations.
- 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
- 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
- The bond shall be placed in the keeping of the City Clerk.