(a) 
General application requirement.
Construction plans shall be prepared by or under the supervision of a professional engineer or architect licensed in the state as required by state law governing such professions. Plans submitted for review by the city shall be dated and bear the responsible engineer’s or architect’s name, serial number and the designation of “engineer,” “professional engineer” or “P.E.” or “architect” and an appropriate stamp or statement near the engineer’s or architect’s identification, stating that the documents are for preliminary review and are not intended for construction. Final plans shall bear the seal and signature of the engineer or architect and the date signed on all sheets of the plans. Public works construction in streets, alleys or easements which will be maintained by the city shall be designed by a professional engineer licensed in the state.
(b) 
Construction plan review procedure.
Copies of the construction plans, and the required number of copies of the preliminary plat, shall be submitted to the city engineer for final approval. The plans shall contain all necessary information for construction of the project, including screening walls and other special features. All materials specified shall conform to the standard specifications and standard details of the city. Each sheet of the plans shall contain a title block including space for the notation of revisions. This space is to be completed with each revision to the plan sheet and shall clearly note the nature of the revision and the date the revision was made. The city engineer will release the plans for construction, after approval of the preliminary plat by the commission subject to review and approval by city council and payment of all inspection fees. Upon such release, each contractor shall maintain one set of plans, stamped with city release, at the project site at all times during construction.
(c) 
Failure to commence construction.
If commencement of construction has not occurred within one (1) year after approval of the plans, resubmittal of plans may be required by the city engineer for meeting current standards and engineering requirements. For purposes of this section “commencement of construction” shall mean (i) issuance of construction permit(s); and (ii) grading of the land.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06; Ordinance 2021-11-00939 adopted 11/4/21)
(a) 
Completion of improvements.
Except as provided below, before the final plat is approved by the commission or development services director, all applicants shall be required to complete, in accordance with the city’s direction and to the satisfaction of the city engineer, all street, sanitary, and other public improvements, including lot improvements on the individual residential lots of the subdivision as required in these regulations and specified in the final plat, and to dedicate those public improvements to the city. As used in this section, “lot improvements” refers to grading and installation of improvements required for proper drainage and prevention of soil erosion.
(b) 
Improvement agreement.
(1) 
Agreement.
The city council, considering the recommendation of the commission, may waive the requirement that the applicant complete and dedicate all public improvements prior to approval of the final plat, and may permit the owner to enter into an improvement agreement by which the owner covenants to complete all required public improvements no later than two (2) years following the date on which the final plat is signed. The city council may also require the owner to complete and dedicate some required public improvements prior to approval of the final plat and to enter into an improvement agreement for completion of the remainder of the required improvements during such two-year period. The improvement agreement shall contain such other terms and conditions as are agreed to by the owner and the city.
(2) 
Improvement agreement required for oversize reimbursement.
The city shall require an improvement agreement pertaining to any public improvement for which the developer shall request reimbursement from the city for oversize costs.
(3) 
Security.
The improvement agreement shall require the owner to provide sufficient security, covering the completion of the public improvements. The security shall be in the form of cash escrow or, where authorized by the city, a letter of credit, or other security acceptable to the city attorney. Security shall be in an amount equal to one hundred percent (100%) of the city’s estimated cost of completion of the required public improvements and lot improvements. In addition to all other security, for completion of those public improvements where the city participates in the cost, the owner shall provide a performance bond from the contractor, with the city as a co-obligee. The issuer of any surety bond and letter of credit shall be subject to the approval of the city attorney.
(4) 
Letter of credit.
If the city council authorizes the owner to post a letter of credit as security for its promises contained in the improvement agreement, the letter of credit shall:
(A) 
Be irrevocable;
(B) 
Be for a term sufficient to cover the completion, maintenance and warranty periods but in no event less than two (2) years; and
(C) 
Require only that the city present the issuer with a sight draft and a certificate signed by an authorized representative of the city certifying to the city’s right to draw funds under the letter of credit.
(5) 
Letter of credit reductions.
As portions of the public improvements are completed, the developer may make application to the city engineer to reduce the amount of the original letter of credit.
(A) 
The city engineer, if satisfied that such portion of the improvements has been completed in accordance with city standards, may cause the amount of the letter of credit to be reduced by such amount deemed appropriate, so that the remaining amount of the letter of credit adequately insures the completion of the remaining public improvements.
(B) 
Upon the dedication of and acceptance by the city of all required public improvements, the city shall authorize a reduction in the security to 10% of the original amount of the security if the owner is not in breach of the improvement agreement. The remaining security shall be security for the owner’s covenant to maintain the required public improvements and the warrant that the improvements are free from defect for two (2) years thereafter.
(c) 
Temporary improvements.
The owner shall build and pay for all costs of temporary improvements required by the commission and shall maintain those temporary improvements for the period specified by the commission. Prior to construction of any temporary improvement, the owner shall file with the city a separate improvement agreement and escrow, or where authorized, a letter of credit, in an appropriate amount for such temporary improvements, which improvement agreement and escrow or letter of credit shall ensure that the temporary improvements will be properly constructed, maintained, and removed.
(d) 
Units of government.
Governmental units may file, in lieu of the contract and security, a certified resolution or ordinance agreeing to comply with the provisions of this section.
(e) 
Failure to complete improvements.
For plats for which no improvement agreement has been executed and no security has been posted, if the public improvements are not completed within the period specified by the city, the preliminary plat approval shall be deemed to have expired. In those cases where an improvement agreement has been executed and security has been posted and required public improvements have not been installed within the terms of the agreement, the city may:
(1) 
Declare the agreement to be in default and require that all the public improvements be installed regardless of the extent of completion of the development at the time the improvement agreement is declared to be in default;
(2) 
Suspend final plat approval until the public improvements are completed and record a document to that effect for the purpose of public notice;
(3) 
Obtain funds under the security and complete or cause the public improvements to be completed;
(4) 
Assign its right to receive funds under the security to any third party, including a subsequent owner of the subdivision for which public improvements were not constructed, in whole or in part, in exchange for that subsequent owner’s promise to complete the public improvements in the subdivision; and
(5) 
Exercise any other rights available under the law.
(f) 
Acceptance of dedication offers.
Acceptance of formal offers of dedication of streets, public areas, easements, and parks shall be by authorization of the city engineer. The approval by the commission of a plat, whether preliminary or final, shall not in [and] of itself be deemed to constitute or imply the acceptance by the city of any street, easement, or park shown on plat. The commission may require the plat to be endorsed with appropriate notes to this effect.
(g) 
Maintenance of public improvements.
The owner shall maintain all required public improvements for a period of two (2) years following the acceptance by the city and shall provide a warranty that all public improvements shall be free from defect for a period of two (2) years following such acceptance by the city.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06; Ordinance 2021-11-00939 adopted 11/4/21)
(a) 
Permit required.
A permit is required from the city prior to commencement of any development work in the city which affects erosion control, vegetation or tree removal, or a floodplain.
(b) 
Preconstruction conference.
The city engineer may require that all contractors participating in the construction meet for a preconstruction conference to discuss the project prior to release of a permit.
(c) 
Conditions prior to authorization.
Prior to authorizing release of a construction permit, the city engineer shall be satisfied that the following conditions have been met:
(1) 
The preliminary plat shall be approved by the commission subject to the review and approval by council.
(2) 
All required contract documents shall be completed and filed with the city engineer.
(3) 
All necessary off-site easements or dedications required for city infrastructure and not shown on the final plat must be conveyed solely to the city, with proper signatures affixed. The original of the documents shall be returned to the engineering department prior to approval and release of the engineering plans and issuance of a permit.
(4) 
All contractors participating in the construction shall be provided, at the developer’s cost, with a set of approved plans bearing the stamp of release of the engineering department. One set of these plans shall remain on the job site at all times.
(5) 
A complete list of the contractors, their representatives on the site, and telephone numbers where a responsible party may be reached at all times must be submitted to the city engineer at least twenty-four (24) hours prior to the preconstruction meeting which is optional.
(6) 
All applicable fees must be paid to the city.
(7) 
Subject to the approval by city council.
(Ordinance 2021-11-00939 adopted 11/4/21)
(a) 
General procedure.
Construction inspection shall be supervised by the city engineer. Construction shall be in accordance with the approved plans and the design standards. Any change in design required during construction should be made by the engineer whose seal and signature are shown on the plans. Another engineer may make revisions to the original engineering plans if so authorized by the owner of the plans and the engineer who sealed the original plans if those revisions are noted on the plans or documents. All revisions shall be approved by the city engineer. If the city engineer’s inspection finds that any of the required public improvements have not been constructed in accordance with the city’s construction standards and specifications, the owner shall be responsible for completing and/or correcting the public improvements.
(b) 
Certificate of satisfactory completion.
The city will not accept dedication of required public improvements until the applicant’s engineer or surveyor has certified to the city engineer, through submission of record drawings, indicating location, dimensions, materials, and other information required by the commission or city engineer, that all required public improvements have been completed. The record drawings shall also include a complete set of drawings of the paving, drainage, water, sanitary sewer, or other public improvements, showing that the layout of the line and grade of all public improvements is in accordance with construction plans for the plat, and all changes made in the plans during construction and containing on each sheet a record drawing stamp bearing the signature of the engineer and the date. The engineer or surveyor shall also furnish a copy of the final plat and engineering plans, if prepared on a computer assisted design drawings (CADD) system, in such a format that is compatible with the city’s CADD system or PDF. The developer shall provide a maintenance bond executed by a corporate surety duly authorized to do business in the state, payable to the city and approved by the city as to form, to guarantee the maintenance of the construction for a period of two (2) years after its completion and acceptance by the city. In lieu of a maintenance bond the developer may submit either an irrevocable letter of credit payable to the city and approved by the city as to form, or a cash bond payable to the city and approved as to form. The amount of the maintenance bond, letter of credit or cash bond shall be at least ten percent (10%) of the full cost of the infrastructure in the subdivision, as determined by the estimate of construction costs. When such requirements have been met the city engineer shall thereafter accept the public improvements.
(c) 
Acceptance of the development shall mean that the developer has transferred all rights to all the public improvements to the city for use and maintenance.
(d) 
Upon acceptance of the required public improvements, the city engineer shall submit a certificate to the developer stating that all required public improvements have been satisfactorily completed.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06; Ordinance 2021-11-00939 adopted 11/4/21)
(a) 
The commission, subject to the review and approval of city council, may, upon petition of the owner, defer at the time of final approval, subject to appropriate conditions, the provision of any or all public improvements [that] are not required in the interests of the public health, safety and general welfare.
(b) 
Whenever a petition to defer the construction of any public improvement required under these regulations is granted by the commission, the owner shall deposit in escrow the developer’s share of the costs of the future public improvements with the city prior to approval of the final plat, or the owner may execute a separate improvement agreement secured by a cash escrow or, where authorized, a letter of credit guaranteeing completion of the deferred public improvements upon demand of the city.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06)
(a) 
No building permit shall be issued for a lot or building site unless the lot or site has been officially recorded by an approved final plat, and all public improvements as required for final plat approval have been completed, except as permitted below.
(1) 
Building permits may be issued for nonresidential developments provided that a preliminary plat is approved and civil construction plans have been released by the city engineer. Building construction will not be allowed to surpass the construction of fire protection improvements.
(2) 
The city engineer may authorize residential building permits for a portion of a subdivision, provided that a preliminary plat has been approved and all public improvements have been completed for that portion of the development, including but not limited to those required for fire and emergency protection. Notwithstanding, no lot may be sold or title conveyed until a final plat has been recorded.
(b) 
No certificate of occupancy shall be issued for a building or the use of property unless all subdivision improvements have been completed and a final plat approved has been recorded. Notwithstanding the above, the city building official may authorize the occupancy of a structure provided that an agreement providing cash escrow, a letter of credit, or other sufficient surety is approved for the completion of all remaining public improvements.
(Ordinance 2021-11-00939 adopted 11/4/21)
Utility connections for individual lots are not authorized until a final plat has been approved in accordance with this article.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06)
The city shall withhold all city improvements of whatsoever nature, including the furnishing of water facilities and service, from any subdivision which has not been constructed and approved in accordance with this article.
(Ordinance 2006-07-00567, sec. 1, adopted 7/7/06)