If petitions are proposed to meet the requirements of Article 7, the subdivider shall so indicate at the time of submittal of the preliminary plat. If the petition method is authorized by the applicable Governing Body, petitions shall accompany the final plat for approval by such Governing Body.
When the use of petitions has not been requested by the subdivider or authorized by the applicable Governing Body and a letter(s) of satisfactory arrangements from a utility provider(s) are not being utilized to guarantee improvements (See Section 7-104D for letter from utility), the subdivider shall have prepared by an engineer which may be contracted for privately or with any governmental agency or utility, engineering drawings for proposed required improvements containing the data and information specified in Section 8-101A. Such drawings shall be certified by a licensed engineer and shall be submitted to the applicable reviewing official in duplicate at least 20 days prior to the date that approval is requested.
A. Content. The engineering drawings shall contain the following data plus additional information deemed necessary by the applicable engineer:
1. Plans, details, specifications and cost estimates for roadway, alley and sidewalk construction; including plans, profile indicating existing topography and elevation including curb and sidewalk elevation when required, intersection control elevation and paving geometrics for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one inch equals 100 feet horizontal, and one inch equals 10 feet vertical; or to a scale approved by the applicable engineer. This information shall be shown on standard plan and profile sheets unless otherwise required by the engineer and use topographic information cited in Section 5-100B3.
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 system, water supply facilities and fire hydrants.
4. Plans, profiles, details, specifications and cost estimates of proposed sanitary sewage system.
5. All plans for other utilities such as for electric, gas and telephone shall be prepared by or at the direction of the utility providing the service.
B. Review. The applicable engineer, official or agency responsible for determining specifications and standards shall review all engineering drawings in order to determine whether such drawings are consistent with the approved final plat and comply with the design standards. If such drawings are consistent and so comply, the reviewing official shall forward to the applicable Governing Body a notice to that effect. In the event that the drawings do not so comply, the reviewing official shall notify the subdivider of the specific manner in which such drawings do not comply, and he or she may then correct such drawings. If such drawings are not corrected, the reviewing official shall forward to such Governing Body a notice as to the items of nonconformity or noncompliance.
No improvements shall be constructed nor shall any work preliminary thereto be done, except as provided for under a preconstruction agreement in rural-type subdivisions, until such time as the engineering construction drawings shall have been approved and there shall have been compliance with all of the requirements relating to the Subdivider’s Agreement and such guarantees as are specified in Section 7-104 of these regulations.
A. Inspection. All improvements constructed or erected shall be subject to inspection by the applicable engineer or official responsible for setting and enforcing the applicable design and construction standards of the required improvements. The cost attributable to all inspections required by these regulations shall be charged to and paid by the subdivider. In so far as is possible, the subdivider shall give at least 48 hours notification to such official prior to the performance of any inspection work.
B. Inspection Procedures. After notice is received as specified in Section 8-102A above, the applicable engineer or official designated may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications. If in the opinion of such engineer or official, the work does not comply with such final drawings, he or she 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 applicable engineer or official as provided in Section 8-102A that the work is again ready for inspection.
C. Final Inspection. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the applicable engineer or official designated in Section 8-102A above, who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans and specifications, he or she shall notify the subdivider in writing and the subdivider shall, at their sole cost and expense, correct such defects or deviations within six months of the date of notification. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection. After the final inspection is made and before acceptance of the improvement by the applicable Governing Body, the subdivider shall file a statement with the engineer or official which is executed by the subdivider, 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 unacceptable defects, deficiencies or deviations, within 15 days from the submission of the subdivider’s statement of obligation paid, the applicable engineer or official designated shall certify to the applicable Governing Body and utility provider(s) that all improvements have been installed in conformity with the engineering plans and specifications accompanying the final plat. Upon the receipt by the applicable Governing Body of such notification and in conformity with the requirements of these regulations and all other applicable statutes, ordinances and regulations, such Governing Body shall thereupon by resolution or utility by letter formally accept such improvements. The improvements shall become the property of such Governing Body or utility provider involved. Prior to this final action, however, neither the acceptance of the final plat, any subsequent annexation to the City or irrespective of any act(s) of employees, such actions shall not constitute their formal acceptance of improvements.
Where individual lot owners share common interests in designated open space and/or facilities, a homeowners association may be established to guarantee long-term maintenance and operation where applicable. The organizational structure for such an association shall include such provisions for the ownership and maintenance of the common open space and/or facilities as are reasonably necessary to ensure their continuity, care, conservation and maintenance, and to ensure that remedial measures will be available to the City if the open space and/or facilities are permitted to deteriorate or are not maintained in a condition consistent with the best interest of the subdivision or of the City. If the City finds it necessary to carry out the obligations required to maintain the open space and/or facilities in order to avoid having them become a public nuisance, the costs shall be assessed against the properties within the subdivision and shall become a tax lien on said properties. (See Section 2-102 for definition of HOMEOWNERS ASSOCIATION.)