The ordinance from which this chapter is derived is adopted under the authority of the constitution and laws of the state, including particularly chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore amended (compiled as V.T.C.S., art. 974A), and the provisions of section 4 of the Municipal Annexation Act as heretofore or hereafter amended (compiled as V.T.C.S., art. 970A).

(Code 1984, ch. 30, § I; Ord. of 3-1-1994, § I)

Editor's note— V.T.C.S., art 974A and V.T.C.S, art 970A were replaced by the Local Government Code adopted in 1987.

The purpose of this chapter is to provide for the orderly, safe and healthful development of the area within the city, and within the area surrounding the city and to promote the health, safety, morals and general welfare of the community.

(Code 1984, ch. 30, § II; Ord. of 3-1-1994, § II)

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alley means a minor public right-of-way, not intended to provide the primary means of access to the back or sides of properties otherwise abutting on a street.

Engineer means the person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.

Lots means an undivided tract or parcel of land having frontage on a public street and which is or in the future may be offered for sale, conveyance, transfer or improvement; is designated as a distinct and separate tract; and is identified by a tract, or lot number or symbol is duly approved subdivision plat which has been properly filed of record.

Pavement width means the portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.

Person means any individual association, firm, corporation, governmental agency or political subdivision.

Street means a public right-of-way, however designated, which provides vehicular access to adjacent land.

Subdivider means any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. Without limitation, the term "subdivider" shall include the owner, equitable owner, or land sought to be subdivided.

Subdivision means a division of any tract of land situated within the corporate limits, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition of any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portion intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. The term "subdivision" includes re-subdivision, but it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new street, alley or easement or access.

Surveyor means a licensed state land surveyor or a registered public surveyor, as authorized by the state statutes to practice the profession of surveying.

Utility easement means an interest in land granted to the city, to the public generally, or to a private utility corporation, for installing or maintaining utilities across, over or under land, together with the right to enter thereon with machinery and vehicles necessary for the maintenance of said utilities.

(b)

Any office referred to in this chapter by title means the person employed or appointed by the city in that position, or his authorized representative.

(c)

Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.

(Code 1984, ch. 30, § III; Ord. of 3-1-1994, § III)

(a)

Maintenance by city. The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. This subsection shall not apply to streets or public utility services being maintained by the city on the effective date of the ordinance from which this chapter is derived.

(b)

Utilities. Except insofar as to complete the building of the subdivision, the city, utility companies, corporations or individuals shall not sell or supply any water, gas, electricity or sewerage service within a subdivision for which a final plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. No such service shall be afforded any subdivision for which no preliminary plat has been filed.

(c)

Enforcement. On behalf of the city, the city attorney shall, when directed by the city council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction as determined under the Municipal Annexation Act, or within any area subject to all or part of the provisions of this chapter.

(d)

Noncompliance; recordation. If any subdivision for which a final plat has not been approved is opened after the effective date of the ordinance from which this chapter is derived and the city council shall pass a resolution reciting the fact of such a noncompliance or failure to secure final plat approval, the city secretary shall, when directed by the city council, cause a certified copy of such resolution under the corporate seal of the city to be filed in the deed records of the county in which such subdivision or part thereof lies. If full compliance and final plat approval are secured after the filing of such resolution, the city secretary shall forthwith file an instrument in the deed of records of such county stating that this chapter is no longer violated.

(Code 1984, ch. 30, § IV; Ord. of 3-1-1994, § IV)

The city council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the city council shall prescribe such conditions that it deems necessary to or desirable in the public interest.

(Code 1984, ch. 30, § V; Ord. of 3-1-1994, § V)

Prior to the official filing of a preliminary plat, the subdivider should consult with and present a proposed plan of subdivision to the mayor or his designate for comments and advice on the procedures, specifications and standards required by the city for the subdivision of land.

(Code 1984, ch. 30, § VI; Ord. of 3-1-1994, § VI)

(a)

Following the pre-submission conference required by section 120-6, all persons desiring to subdivide a tract of land within the area above described shall first prepare and submit to the city a preliminary plat not less than ten days prior to the date at which formal application for the preliminary plat approval is made to the city council.

(b)

Seven copies of the preliminary plat showing the general features of the proposed development shall be certified by a state-registered professional civil engineer, or by a state-licensed or -registered land surveyor. This preliminary plat shall be drawn on a scale of 200 feet to the inch or larger (100 feet to the inch preferred) and shall show the following:

(1)

The outline of the tract the plat is proposed to subdivide with principal dimensions.

(2)

The proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks, etc., with principal dimensions. The preliminary plat shall cover all of the tract intended to be developed, at any time, even though it is intended by the developer to file plats and install improvements for parts of said tract by section or unit.

(3)

The location, width and name of existing streets and any blocks, lots, alleys, easements, building lines and watercourses or other natural features in area affected with principal dimensions and any other significant information on all sides for a distance of not less than 200 feet.

(4)

The names of proposed streets. Such names conform to the names of existing streets of which they may be or become extensions or otherwise shall not duplicate or conflict with the recognized name of any other street located in the area subject to these regulations.

(5)

The location of existing sewers, water and gas mains and other public utilities, if any.

(6)

A general plan of the stormwater drainage sufficiently detailed to indicate the location of drainage ditches or structures and the direction of flow.

(7)

The name of the proposed subdivision, north point, scale and date.

(8)

The name of the owner and the engineer or surveyor.

(9)

Vicinity sketch or key map at a scale of not more than 800 feet to the inch which shall show all existing subdivisions, streets and tracts of acreage in the area and the general drainage plan, ultimate designation of water and possible storm sewer connections by arrows.

(10)

Typical cross section of the street improvements proposed by the professional engineer.

(11)

Topographical contours of not more than five-foot intervals.

(12)

The original boundary survey of the tract of land to be subdivided shall close within one in 10,000. The original closure calculations for the closure will be furnished with the preliminary plat. Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown in bearings. Curved boundaries shall be fully described, and all essential information given; circular curves shall be defined by degree of curve. The subdivision boundary lines will be indicated by heavy lines and the computed acreage of the subdivision will be shown on the preliminary plat.

(13)

A number or letter to identify each lot or site and each block.

(14)

A copy of any and all restrictions certified by the subdivider applying to this subdivision only.

(c)

Processing of preliminary plat.

(1)

Within 30 days after the preliminary plat is formally filed, the city council shall conditionally approve or disapprove such plat or conditionally approve it with modifications. If it is conditionally disapproved or conditionally approved with modifications, the city council shall inform the subdivider of the reasons at the time such action is taken.

(2)

Conditional approval of a preliminary plat shall be effective for a period of six months unless reviewed by the city council in the light of new significant information (whether or not available to the council at the time the preliminary plat was approved) which would necessitate a revision of the preliminary plat. If the city council should deem change in a preliminary plat as necessary, it shall so the layout submitted on the preliminary plat as a guide to the installation of streets, water, sewer and other required improvements and utilities and to the preparation of the final or record plat. Conditional approval or a preliminary plat shall not constitute automatic approval of the final plat.

(Code 1984, ch. 30, § VII; Ord. of 3-1-1994, § VII)

(a)

The final plat shall conform to the preliminary plat as conditionally approved by the city council incorporating any and all changes, modifications, alterations, corrections and conditions imposed by the city council. This plat shall be drawn to a scale of one inch equals 100 feet or larger in ink or lined cloth with all figures and letters legible and the whole proper for filing for record in the office of the county clerk. The plat shall be on a 22-inch by 32-inch sheet of linen cloth.

(b)

The final plat shall also include the following:

(1)

Owner's dedication and acknowledgement.

I, (we), the undersigned, owner(s) of the land shown on this plat, and designated herein as the ___________ SUBDIVISION to the City of Edgewood, Texas, and whose name is subscribed hereto, hereby dedicate and grant, sell and convey to the use of the City of Edgewood, Texas, forever all streets, alleys, parks, water courses, drains, easements and public places hereon shown for the purpose and consideration therein expressed.

Before me, the undersigned authority, on this day personally appeared ___________ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein stated.

Given under my hand and seal of office this ___ day of ________, ___.

(2)

Approval of the city council.

On this the ___ day of ________, ___, this plat is hereby approved by the city council.

(3)

Certification of the survey.

I, the undersigned, a (registered professional engineer/public surveyor) in the State of Texas, hereby certify that this plat is true and correct and was prepared from an actual survey of the property made under my supervision on the ground.

In addition to the foregoing, the owner shall execute such further documents, including without limitation, deeds of dedication, as the city in its discretion shall desire to effectuate the transfer to the city.

(c)

The original and seven copies of the final plat shall contain all of the following:

(1)

The plat shall have the title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the civil engineer or land surveyor responsible.

(2)

A definite legal description and identification of the tract being subdivided. This description shall be sufficient for requirements of title examination. The plat shall be a descriptive diagram drawn to scale and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit or the last filed subdivision, plat or grant, out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider.

(3)

The boundaries of the subdivided property, the location or designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets.

(4)

The location of all adjacent streets and alleys, with their names and the names of adjoining subdivisions with exact location and designation by number of lots and blocks.

(5)

All lots, block and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles or radially, where curved. All principal lines shall have the bearing and any deviations from the norm shall be indicated.

(6)

Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one 10,000. Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown by bearings. Curved boundaries shall be fully described, and all essential information given; circular curves shall be defined by actual length of radius and not by degree or curve. Complete dimensional data shall be given on fractional lots. The plat shall denote five-foot contour lines as established from the U.S. Coast and Geodetic Survey datum.

(7)

The location and description of all lot and block corners and permanent survey reference monuments. Such corners and monuments shall be of three-quarter-inch iron pipe or five-eighth-inch iron rod and shall meet the following standards:

a.

Lot corners shall be 24 to 30 inches long with the top set flush with the finished grade of the ground.

b.

Block corners shall be 24 to 30 inches long with the top set flush with finished grade of the ground and shall include the beginning and end of all curves within each block.

c.

Reference point shall be 24 to 30 inches long placed one foot below the surface of the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision, but not less than two, and the distance between successive monuments along any street or reference line shall not be greater than 1,000 feet. Reference points shall be other than and in addition to markers set for blocks or corners.

d.

A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance of all lienholders shall be included.

e.

A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in accordance with the determination of surveys actually made on the ground. If the surveyor or engineer who prepared the plat did not make the boundary survey, this fact should be noted in the certificate. Also, the certificate should show whether or not the tract is within five miles of the city, measured in a straight line from the nearest points in the city limits, unless the information is shown in suitable manner elsewhere on the face of the plat.

f.

The final plat submitted to the city council and to be filed for record with the county clerk shall show construction features such as curblines or public utility lines; including, without limitation, water, sewer, gas and electrical easements, or other structures not involved in the title covenant.

(Code 1984, ch. 30, § VIII; Ord. of 3-1-1994, § VIII)

No preliminary or final plat shall be approved by the city council unless they conform to the following standards:

(1)

General.

a.

Conformity. The subdivision shall conform to the overall plans of the city.

b.

Provisions for future subdivisions. If tract is subdivided into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opening of future streets.

(2)

Streets.

a.

The arrangement, character, extent, width, grade and location of all streets shall conform to the general plan for the city and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

b.

Where such is not shown in the general plan for the city, the arrangement of streets in a subdivision shall either:

1.

Provide for the continuation of appropriate projection of existing principal streets in surrounding areas; or

2.

Conform to a plan for the neighborhood approved or adopted by the city council to meeting particular situations where topographical or other conditions make continuance or conformance to existing streets impracticable.

c.

Minor streets shall be so laid out that their use by through traffic will be discouraged.

d.

Where a subdivision abuts or contains an existing or proposed arterial street, the city, in its sole discretion, may require marginal access streets, reverse frontage with screen planting containing in a nonaccess reservations along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

e.

Street jogs with centerline offsets of less than 125 feet shall be avoided.

f.

A tangent at least 100 feet long shall be introduced between reverse curves or arterial and collector streets.

g.

Property lines at street intersections shall be rounded with a radius of ten feet or of a greater radius where the city council may deem it necessary.

h.

Street right-of-way widths shall be so shown in the general plan for the city and where not shown therein shall be not less than 35 feet from curb to curb, or such other minimums as are required by applicable law.

i.

Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision or lot in conformity with the other requirements of these regulations and where the city finds it will be practicable to require the dedication of the other half when the adjoining property is platted. Wherever a half street has already been provided adjacent to a tract to be platted and other remaining half of the street shall be platted within such tract.

j.

Dead-end streets, designed to be so permanently, shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 80 feet.

k.

Street grades shall be established with due regard being had for topography, contemplated land use, and the existing city drainage plan and facilities in the area surrounding the land to be subdivided.

l.

The flood design section for roadway shall be designed and must be satisfactory to the city engineer in its sole discretion.

m.

Where it is necessary for the best utilization of this street system in any subdivision that crossings over drainageways be provided, the developer shall be required to construct such crossing at his total expense if the ultimate bottom width of the drainageway does not exceed 15 feet concrete paved section (hereafter referred to as 15 feet). If two or more developers own property adjacent to the drainageway, they shall each pay an equal share of the estimated cost of the bridge or crossing. The crossing will then be constructed at such time as all developers involved have deposited their share of the money for the construction. For the purpose of this subsection, the term "bridge" means any structure usually referred to as a concrete box culvert or clear span bridge and shall specifically exclude crossings or other crossings utilizing reinforced concrete or corrugated metal pipe.

n.

Relation to adjoining street system, where necessary to the neighborhood pattern. Existing streets in adjoining areas shall be continued and shall be at least as wide as such existing streets and in alignment therewith. This width will not always apply to the paved area. In any event any new streets shall conform to the requirements of this section.

o.

Projection of streets where adjoining areas are not subdivided. No streets and/or alleys which project onto any land which has not been subdivided shall be permitted unless the city council gives approval.

(3)

Alleys.

a.

Alleys shall be provided at the discretion of the subdivider.

b.

Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

c.

Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the city.

(4)

Easements.

a.

Easements across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten feet wide.

b.

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width for maintenance or construction, or both, as will be adequate for the purpose. Usually, this additional width for maintenance will be 20 feet on one side. Parallel streets or parkways may be required in connection therewith.

c.

A drainageway easement must be provided for drainage from subdivision boundary where water flow is concentrated on another's property. This is to be taken care of by the developer.

(5)

Blocks.

a.

The length, width and shape of blocks shall be determined with due regard to:

1.

Provision of adequate building sites suitable to the special needs of type of use contemplated.

2.

Requirements as to lot sizes and dimensions.

3.

Needs for convenient access circulation, control and safety of street traffic.

4.

Limitations and opportunities of topography.

b.

Block lengths shall not exceed 1,200 feet, nor be less than 300 feet.

(6)

Lots.

a.

The lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. A 25-foot setback will be shown in all residential areas.

b.

Lot dimensions shall be either:

1.

At least 60 feet wide at the building line; or

2.

No less than 5,400 square feet in all.

c.

The subdividing of the land shall be such as to provide each lot with reasonable access to an existing public street by means of a public street.

(Code 1984, ch. 30, § IX; Ord. of 3-1-1994, § IX)

(a)

General.

(1)

When a preliminary plat of a subdivision has been approved by the city council, the developer may submit to the city, or the duly authorized agent of the city, plans and specifications for improvements pertinent to said subdivision. All plans and specifications for improvements will be prepared by a civil engineer. The engineer shall affix his seal (with his signature across the face of the seal) on each sheet of the necessary plans. The city engineer shall within 30 days of receipt of said plans and specifications approve same if they conform to the requirements of this chapter or disapprove same giving his reason therefor in writing to the subdivider. Thereafter when the subdivider has met the objections, if any, the city engineer shall sign the plans and specifications and forthwith deliver same to the subdivider or his agent or his engineer. Any plans and specifications submitted in connection with a preliminary plat which may have been conditionally approved as provided in section 120-7(c) are subject to the final determination of the conditions of such approval.

(2)

Before beginning any construction of the improvements outlined in this section on proposed roadways or public utilities pertaining to any subdivision coming under the provisions of this section, five complete sets of plans and specifications of such construction, in the form of plats, sketches or other satisfactory written descriptions shall be filed with the city engineer. These shall show such features as roadways, cross sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow lines, and any other pertinent information of similar nature.

(3)

Improvements shall be installed within all of the area of any subdivision or portion thereof given final approval and filed or to be filed for record.

(4)

All improvements shall be designed and constructed in conformity with the provisions of this section and no construction shall be commenced until this section is so complied with.

(b)

Minimum standards. The following minimum standards for improvements shall be agreed to and complied with in each subdivision or addition before final approval of a plat by the city council:

(1)

Pavement thickness.

a.

All streets shall be constructed of at least six inches of compacted rock with a seal coat of asphalt on top. This requirement shall be met for the entire width of the street, from curb to curb.

b.

Widths of all subdivision streets, including standard two-foot curb and gutter, shall not be less than 35 feet wide from curb to curb. Widths of all non-curbed streets shall not be less than 24 feet wide.

(2)

Curb and gutter. Combined monolithic curb and gutters shall be constructed on each side of each street within the boundaries of each subdivision any portion of which is within the city limits. Excepting, however, that any subdivision, which is wholly outside the city limit line, may have ditches with side slopes not steeper than one on five where curb and gutter elimination and specified side slopes will improve the drainage on such subdivision. Additional street right-of-way will be dedicated to providing space for the ditch sections on each side. The curb and gutters shall be a four-inch rolled curb of concrete and shall have a minimum section of ten inches in depth at the back of the curb, six inches in depth at the flow line of the gutter and seven inches in depth in the outer edge of the gutter and to be 24 inches in width and may be varied in section to fit particular conditions involved, and it shall not be prohibited to use a roll-type curb and gutter conforming to the minimum section set out above on residential streets designed for elimination of cut out driveways for individual lots.

(3)

Sidewalks. Where sidewalks are constructed for a subdivision, they shall be continuous and not less than three feet in width and not less than four inches in thickness. Said sidewalks shall be at least one foot from the property line within the street right-of-way.

(4)

Storm sewers. Concrete storm sewers shall be constructed by the subdivider so that they will be adequate to comply with section 120-9(2)m. The storm sewers shall be of such material and construction so that they will not only carry the stormwater but will also support both dead and live loads imposed on the pipe and structure.

(5)

Water installation.

a.

All subdivision within the city shall have a water system designed by an engineer and installed by the subdivider and shall be a part of the water distribution system of the city. The layout shall be designed to form a loop system. No main shall be smaller than six inches. The pipe in the system shall be of sufficient size to provide adequate water for commercial, industrial, domestic requirements as well as a fire flow meeting the specifications of the state board of insurance. All water lines shall be located in the parkway area between the back of the curb and a line five feet from the property line toward the street. Normally this utility will be located 7½ feet off of the property line.

b.

Standard fire hydrants shall be installed by the subdivider as a part of the water distribution system in accordance with the size and location requirements of the state board of insurance. All necessary appurtenances will be installed as a part of the water system. Valves shall be located so that the system can be isolated in cases of breaks in the mains. Generally, the pattern of two valves will be used in a "T" intersection of pipes and three valves used at the cross. Each fire hydrant lead will have a valve located near the fire hydrant. All taps for a corporation cock fitting for a service will be made while the system is under full operating pressure. Connections where other than a tapped connection are used will be provided with an appropriate fitting. After the water system is completed, except for corporation cocks, the system will be tested under a hydrostatic pressure of 150 psi for adequate time to be sure no leaks exist. All leaks will be repaired during the test period.

(6)

Sewage collection system. All subdivisions shall connect with the existing system of the city except where the city engineer determines that such connection will require unreasonable expenditure.

a.

A complete collection system shall be designed by an engineer and shall be constructed by the subdivider. The system shall be of sufficient size to care for the flow of sewage from the area including a proper allowance for infiltration. Minimum size for mains shall be six inches and the design flow shall not be less than two feet per second. Manholes shall be provided at junctions and angles of all sewer lines with a maximum spacing of 500 feet between manholes throughout the system. A cleanout shall be provided at the end of a line only when this line will never be extended to an additional area. If a line has possibilities of being extended, a manhole shall be constructed with proper construction for the extension. "Ys" shall be placed in the system where two lines connect.

b.

Sanitary sewer lines shall be constructed in the easement or alley provided in the rear or side of all lots. The sewer lines will not be constructed in the paved area of the street except to cross at the least possible angle with a line perpendicular to the centerline of the street.

(7)

In order to properly protect the health, safety, and general welfare of the citizens of the city, all taps, meter services and meter sets on existing public utility water lines of the city must be made and installed under the supervision and direction of the utilities superintendent.

(8)

All materials used in the storm sewer, sanitary sewer and water systems for the subdivision will be of the quality materials approved by the utilities superintendent.

(9)

Where it shall be determined by the city engineer that larger or deeper mains or lines are required in order to provide for the future extension of the sewer and/or water utility system beyond the limits of the subdivision in question, the city shall assume the responsibility for any additional cost involved. In the event city funds are not currently available to pay for such larger or deeper mains or lines as may be required, arrangements shall be made for the developer to install these improvements and be reimbursed by the city.

(c)

Final plans. Upon the completion of construction of any such utility or improvement, one set of reproduceable tracings of complete final plans, dated, signed and certified by the engineer in charge shall be filed with the city showing all features as actually installed, including materials, size, location, depth shown by elevation, numbers, ends of lines, connections, "Y's," valves, storm sewer drains, inlets and any other pertinent items. The utility department shall make no connections to such utilities until the foregoing has been complied with.

(Code 1984, ch. 30, § X; Ord. of 3-1-1994, § X)

(a)

After the final plat has been approved and before any utilities are installed, the engineer for the subdivider shall complete preliminary engineering detail to determine the requirements for the utility installations. The subdivider shall then require his engineer to develop plans and specifications for adequate systems. These plans and specifications will have the approval of the city engineer prior to the awarding of the contract to a contractor satisfactory to the city. All of the cost for engineering and the construction contracts to provide complete systems will be borne by the subdivider with no reimbursement from the city.

(b)

In addition to the water and sewer main extensions, a tap charge shall be required for both water and sewer in amounts as established by the city council from time to time for water taps and sewer taps. These amounts are to be paid by the developer and/or owner at the time the meter is set and the service is rendered to the property. Service connections shall not be made until all utilities and drainage contracts have been completed and are in the acceptable condition.

(c)

The city shall have the right of inspection of the construction of any facilities within the subdivision at any time during construction until final acceptance. Copies of all laboratory reports shall be furnished the city upon receipt of these reports from the testing laboratory. When the water, sanitary sewers, storm sewers and streets are complete and acceptable to the city they shall become the property of the city and the subdivider or builder shall have no right or title in same, but the city shall maintain said lines at its own expense.

(Code 1984, ch. 30, § XI; Ord. of 3-1-1994, § XI)

Suitable sites for parks, playgrounds, schools or other public requirements should be carefully considered. Attention is called to the advantages, on a large tract, of dedicating a reasonable percentage of the property for such use.

(Code 1984, ch. 30, § XII; Ord. of 3-1-1994, § XII)

In view of the necessity to provide clear guidelines to potential subdividers and other interested parties, a state of emergency insofar as the subject matter of the ordinance from which this chapter is derived shall be effective immediately upon its passage without further readings or other formalities.

(Code 1984, ch. 30, § XV; Ord. of 3-1-1994, § XV)