CHAPTER 16B. SUBDIVISION REGULATIONSCHAPTER 16B. SUBDIVISION REGULATIONS\Article VIII. Improvement Procedures

If the subdivider intends to submit petitions to the governing body as the means to guarantee improvements required by Article VII of these regulations, the subdivider shall so advise the appropriate engineer at the time of the preliminary plat. If the petition method is authorized by the appropriate engineer, petitions shall be submitted to that engineer for forwarding to the appropriate governing body. For petitions to be acceptable guarantees, they must be approved by the governing body concurrently with the final plat. If petitions are rejected by the appropriate governing body, then a platting requirement has not been met and the subdivision shall not be approved by the governing body. In this instance, the plat shall be placed on hold until such time as the applicant has resolved his financial obligations, or has selected another acceptable guarantee method (i.e., cash deposit, actual construction, letter of credit or performance bond).

When the use of petitions has not been authorized by the appropriate engineer, or proposed petitions have been rejected by a governing body, the subdivider shall have a licensed professional engineer prepare engineering drawings for the required improvements. The engineering drawings shall contain all data and information specified in Section 3 below. Such drawings shall be certified by a licensed professional engineer, and shall be submitted in duplicate to the City Engineer or County Engineer, if appropriate, at least thirty days prior to the date that approval of the final plat is requested. Failure to do so will be considered automatic consent to an extension of, or waiver, by the subdivider of any time limitation for plat approval. The subdivider may contract with any governmental agency or public utility company to prepare the required engineering drawings.

The engineer having jurisdiction may waive the requirement for submission of final improvement plans, prior to the plat being considered by the governing body if, in the engineer’s opinion, adequate substitute information has been submitted. In this instance, information shall be submitted that permits a determination of expected costs for both the preparation of final improvement plans and the installation of required improvements. The guarantee submitted shall be of a sufficient dollar amount to cover the costs of plan preparation and improvement construction.

Engineering drawings for required improvements shall contain the following data and information:

1.    Plans, details, specifications and cost estimates for roadway and sidewalk (if any) construction, including plans, survey indicating existing topography and elevation, including curb and sidewalk elevation, intersection control elevation and paving geometrics for each street with a typical cross section of the roadway. This information shall be shown on standard plan and profile sheets unless otherwise required by the appropriate engineer.

2.    Plans, profiles, details, specifications, and cost estimates of proposed storm drainage improvements.

3.    Plans, profiles, details, specifications, and cost estimates of proposed water distribution systems and proposed water supply facilities and fire hydrants, if any.

4.    Plans, profiles, details, specifications and cost estimates of sewage systems and of sewage treatment plants, if any.

5.    Grading plans for all lots and other sites in the subdivision.

6.    When unusual site conditions exist, the Planning Commission may require such additional plans, specifications and drawings as may be necessary for an adequate review of the improvements to be installed.

7.    All plans shall be based on North American Vertical Datum of 1988 (NAVD 88) for vertical control.

8.    All plans for underground and overhead wiring and gas lines shall be prepared by, or at the direction of, the utility involved.

The appropriate engineer, either city or county, shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with their design standards. If such drawings are consistent and so comply, the engineer shall forward to the Planning Commission, a notice that they so conform and comply. In the event that the drawings do not so conform or comply, the engineer shall notify the subdivider of the specific manner in which such drawings do not so conform or comply, and he may then correct such drawings. If such drawings are not corrected, the reviewing official shall forward to the Planning Commission, a notice as to the items of nonconformity or noncompliance.

The Planning Commission shall approve a final plat only when the approval of the engineer has been received that the plans and engineering drawings have been approved or that the appropriate petitions, if authorized, have been filed with the Governing Body.

No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved and there shall have been compliance with all of the requirements relating to an agreement, bond and deposit specified in Article VIII, of these regulations.

All improvements constructed or erected shall be subject to inspection by the appropriate engineer. The cost attributable to all inspections required by this regulation shall be charged to and paid by the subdivider. Before any construction or required inspections take place, the subdivider shall post a deposit with the City or County Engineer or such agency entrusted to keep such security for the official, to cover the cost of such inspections. The subdivider shall give at least 48 hours written notification to such official prior to the performance of any of the following work:

1.    All phases of roadway and sidewalk construction.

2.    All phases of construction, including, but not limited to water lines, sanitary sewer lines, storm sewer, underground wiring and other required improvement.

After notice is received as specified in Article VII, the official designated in Article VII may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications. If in the opinion of the engineer, such work does not comply with such final drawings, he shall have authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies. Upon the correction of such defects or deficiencies, the subdivider shall again notify the official as provided in the preceding subsection.

Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the appropriate engineer, who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he shall notify the subdivider in writing of such defects, deficiencies, or deviations and the subdivider shall, at his sole cost and expense, correct such defects or deviations within six months of the date and notification.

When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the engineer that the improvements are again ready for final inspection. After the final inspection is made and before acceptance of the improvement by the governing body, the subdivider shall execute and file an affidavit with the appropriate engineer certifying that all obligations incurred in the construction of the improvement involved have been properly paid and settled.

If a final inspection indicates that all improvements as installed contain no defects, deficiencies, or deviations, within 10 days from the completion of such inspection, the official shall certify to the Governing Body that all improvements have been installed in conformity with the engineering plans and specifications accompanying the final plat. The receipt of such notification by the Governing Body shall constitute the date on which the six month period specified in Section 10, Article IV shall commence.

Upon the receipt by the Governing Body of the certificate of the appropriate engineer that all improvements have been installed in accordance with the engineering drawings, as approved and in conformity with the requirements of this regulation and all other applicable statutes, ordinances and regulations, the Governing Body shall thereupon by resolution or utility by letter formally accept such improvements. The improvements shall become the property of the Governing Body.

When no lots on a plat of subdivision have been sold, the subdivider may request the vacation of the plat prior to the time that the improvements covered by the bond are installed, and when such plat is vacated, all fiscal sureties shall be returned to the subdivider.