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Evans City Zoning Code

CHAPTER 18

04 - Subdivision Design5


Footnotes:
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Editor's note—Ord. 804-23, § 2(Exh. A), adopted Oct. 17, 2023, repealed the former Ch. 18.04, §§ 18.04.010—18.04.090, and enacted a new Ch. 18.04 as set out herein. The former Ch. 18.04 pertained to establishment of zoning districts and derived from Ord. 654-16, § 1, adopted March 21, 2017, as amended. See the Ordinance Disposition Table for complete derivation.


18.04.010 - Intent and applicability.

A.

Emphasize open space design as a key determinant of Evan's community image.

B.

Coordinate open and civic spaces with street networks to maximize the civic design effects and establish valuable development patterns.

C.

Value the design, function, and appropriate location of different types of open space, rather than solely the quantity of space.

D.

Consider the context and multiple functions that open spaces can serve to support development including ecological, recreation, aesthetic, and urban design functions.

E.

Create focal points for the community and development projects.

F.

Integrate natural systems into the design of common or public open spaces to improve stormwater management, protect water resources, preserve ecosystems, and improve sustainability efforts.

G.

Implement Evan's parks, recreation, trails, and open space plans and coordinate the design and location of other open and civic spaces with these plans.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.020 - Blocks.

A.

Blocks and connectivity. Streets shall be laid out to provide a network of streets and blocks based on the planning context and development pattern as identified in Table 18-4-1, Block Sizes and Connectivity.

Table 18-4-1, Block Sizes
Zone District Block Length Block Area Cul-de-sac Limits
R-3, R-C, C-1, C-2 200 to 500 feet 5 acres maximum Prohibited
C-3, C-4, R-1, R-2, 250 to 800 feet 8 acres maximum By exception only, 500 feet maximum
AG, R-1E 250 to 1,250 feet 40 acres maximum 500 feet maximum

 

B.

Exceptions to block size. Blocks may only exceed the acre or block length maximums in Table 18-4-1 based on the following exceptions:

1.

Natural features, open spaces, or other civic spaces. Blocks or parcels abutting or containing important natural features, topographical constraints, or open spaces may be modified provided the proposed street layout preserves these features and integrates them into the open space system for the area. Alternative trail, path, or other connections through these areas may be required.

2.

Regional transportation routes. Blocks or parcels abutting significant regional transportation routes that impede local network connectivity, such as highways or rail rights-of-way, may be modified provided the street layouts and development patterns achieve local connectivity in all other ways practical.

3.

Rural parcels. Tracts divided into lots of at least five acres for rural, agriculture, or very low-intensity development may exceed the block limits, provided the development is planned to allow future streets in compliance with these regulations and permit a logical pattern of re-subdivision with minimal disruption of existing or planned buildings, utilities, and other structures.

4.

Oversized parcels. Where oversized parcels are platted for special land uses or development patterns that accommodate large-scale projects or buildings, such as campuses, employment centers, or regional commercial areas, platted blocks may be larger provided private streetscapes organize the site into patterns that match Table 18-4-1. Private streetscapes shall reflect the streetscape and design amenity of this Chapter and create logical extensions and connections to the public street network beyond the project.

5.

Closed-end streets. In any case where streets are not required to connect by these standards or are justified by these exceptions, alternative designs such as loops or courtyard layouts are preferred over dead ends and culs-de-sac. In all cases closed-end streets shall be no more than five hundred (500) and have no more than thirty (30) dwelling units per access point.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.030 - Connectivity.

A.

Streets. Streets, sidewalks, bikeways, and trails shall be laid out according to the City's most recently adopted plan for the area and comply with engineering specifications, intersection design, horizontal and vertical alignment, design details, and technical or construction specifications for constructing streets, utilities, stormwater, and other public improvements covered by the Engineering Standards and Specifications.

1.

Paved connectivity. All streets, alleys, and sidewalks associated created or modified by a final plat shall be paved. Trails may be paved or otherwise acceptably improved.

2.

Crossings. Pedestrian crossings shall be protected with crosswalks and other traffic calming measures in accordance with Engineering Standards and Specifications.

3.

External street connections. Streets shall be planned to provide continuation to adjacent areas at intervals where all resulting blocks meet the standards in Section 18.04.020, Blocks.

i.

The City Engineer may require dedication of right-of-way and construction of streets extended to the boundary line of the property to be subdivided or may approve alternative arrangements for location and timing of construction to coordinate with anticipated future development of adjacent areas.

4.

Pedestrian and multi-modal connections. In any case where exceptions for larger blocks apply, or any other area where pedestrian and bicycle connections are important, such as adjacent to schools, parks, trail systems, or community centers, the city may require pedestrian walkways or bicycle routes through blocks or at the end of any closed-end street. Connections shall meet the open space design standards in Section 18.04.060.

B.

Conceptual street network plan. Subdivisions may require a conceptual street network plan associated with the preliminary plan. The conceptual street network plan shall show streets for the adjacent areas roughly aligning with plans or continuation of all major and secondary streets and show a conceptual layout of all streets to demonstrate compliance with this Section for the proposed subdivision and the adjacent area.

C.

Design review. Alternatives to the street network standards established in the Engineering Standards and Specifications and, in this Section, may be authorized according to the design review process in Section 18.03.140, and based on a street network plan that meets the following applicable criteria. The alternative street network shall:

1.

Coordinate streets and trail connections with adjacent development, and particularly considering a greater frequency of bicycle and pedestrian connections.

2.

Implement any officially approved transportation plan for a specific area.

3.

Emphasize unique natural features or better correspond to topography.

4.

Implement traffic calming measures in a manner that improves pedestrian and bicycle connections and safety.

5.

Create gateways and focal points within the street network by unique arrangements of streets and blocks.

6.

Average block sizes for the entire project implement a comparable or greater degree of connectivity, particularly considering the frequency of collector and neighborhood connector streets that can extend beyond the project.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.040 - Lots.

A.

Lot arrangement.

1.

General layout. All blocks shall be laid out to have two tiers of lots fronting streets on opposite sides, unless dictated by existing development patterns outside of the control of the project or by access management on regional transportation routes. In these cases, streetscape standards and open or civic spaces should be used to create buffers and transitions at the rear of lots.

2.

Hazards and unbuildable areas. Blocks and lots shall be arranged to avoid hazards and unbuildable areas including steep grades, unstable or expansive soils, lands with inadequate drainage or subject to flooding, and natural drainage areas. These areas shall be incorporated into open and civic space systems, restricted tracts or out lots, or otherwise mitigated to eliminate hazards.

B.

Lot patterns.

1.

Lot size, width, depth, and shape shall meet the applicable zoning district standards and accommodate appropriate building location, orientation, and site design. Corner lots or irregular shaped lots may need additional space.

2.

All lots shall front on a public street, or on an alternative access or common open space where specifically allowed by these regulations.

3.

All side lot lines shall be as close as practical to perpendicular to front lot lines, or radial to any curves along the front lot lines. Other irregular lot patterns shall only be permitted where they are used to integrate patterns of buildable lots into the overall block structure and to provide consistent relationships of lots and buildings to the streetscape.

4.

Lots shall be designed to ensure the buildable area of any lot shall not be encumbered by the required setbacks for oil and gas wells and facilities.

C.

Easements. All blocks shall include easements for all utilities, required improvements, access, drainage, and open spaces necessary to serve each lot.

1.

Easements shall be granted by the owner to the appropriate entity.

2.

Easements shall be determined based on the specific needs of a development through the development review and granted prior to construction.

3.

Unless otherwise specified through the development review process, utility easements shall be as follows:

a.

Rear easements: twenty (20) feet; split ten (10) feet on each side if shared with another lot.

b.

Rear easements along an alley: If the alley is at least twenty (20) feet wide and can accept utilities, no further easement is required.

c.

Front easements, only if necessary due to right-of-way constraints: ten (10) feet.

d.

Side easements, only if necessary: five (5) feet.

D.

Drainage. Where a subdivision is traversed by a natural watercourse, drainageway or stream, blocks shall be laid out in coordination with these features, and they shall be integrated into the open and civic space systems.

1.

Drainage areas shall be left in a natural state, and no encroachments shall be made on a significant natural drainage channel that impair the stormwater and ecological function wherever practical.

2.

A pedestrian or bikeway easement shall be required where the block structure exceeds the standards in Section 18.04.020.

3.

All necessary rights-of-way and easements shall be dedicated to the City or appropriate public entity to preserve the hydrologic, environmental, or stormwater function of the watercourse, drainageway or stream.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.050 - Subdivision open and civic space.

Subdivision applications shall provide public or common open space as provided in this Section.

A.

Required open space dedication. All new subdivisions shall provide open space according to Table 18-4-2, Required Open Space and in accordance with Chapter 16.42, Regulations for Dedication of Land and/or Payment of Fees for Public Park Land in Subdivisions.

1.

The estimated number of people shall be based on three (3.0) people per single-family unit, duplex, and any multi-family dwelling unit with three (3) or more bedrooms; and one point six (1.6) people per multi-family unit with two (2) or fewer bedrooms.

2.

Open space for residential subdivisions shall provide amenities in accordance with Section 18.04.060, Neighborhood design.

3.

The city reserves the right to adjust the requirement between neighborhood and community open space categories based on the specific context of a project and surrounding spaces.

Table 18-4-2, Required Open Space
Context Public Open Space Common Open Space
A, R-1E, R-1, R-2, R-3, RMH or subdivisions with residential uses in R-C or nonresidential zones Neighborhood: 3.25 acres / 1,000 people
Community: 2.5 acres / 1,000 people
4 acres / 1,000 people (for all projects over 5 acres or 20 units)
C-1, C-2, C-3, C-4, or only commercial uses in R-C n/a Less than 5 acres: 5%
5 to 20 acres: 8%
20+ acres: 12%
I-1, I-2, I-3 n/a n/a

 

B.

Fee in-lieu of dedication. When a proposed subdivision is not within the vicinity of a planned park or common open space, or otherwise cannot dedicate land acceptable to meet the public open space requirement, the applicant may pay a fee in-lieu of dedication. This option shall be at the sole discretion of the City.

1.

The fee shall equal the fair market value of the land area required to be dedicated.

2.

The fair market value shall be established by an appraisal commissioned by the City at the applicant's expense, and be based on the value after completion of proposed platting and construction of public improvements.

3.

The fee shall be due prior to acceptance of the final plat as provided in Section 18.03.030.

4.

All fees shall be placed into a park development fund to be utilized for the acquisition of land for park, trails and open space purposes of the City.

C.

Ownership and management. Open and civic space platted as part of a development shall require specific designation on the final plat as a separate outlot. Options for ownership and management of open and civic space include:

1.

Land proposed for park dedication shall be clearly identified on any submitted plat including the number of acres for each site and the total acreage proposed for City park dedication within the project.

2.

The conveyance of dedicated park land to the City shall be by general warranty deed and title commitment and the title shall be free and clear of all liens and encumbrances, including real property taxes completed at the time of conveyance. Dedicated park land shall include the necessary water rights or other available water service to provide irrigation and drinking water. Community and neighborhood park land shall be conveyed at the time of recordation of the final plat for the area served by the community and neighborhood parks as defined in the City of Evans Parks, Trails and Recreation Master Plan.

3.

The City shall assume all responsibility for development of all land dedicated to parks and trails, unless otherwise determined by the City and the developer. If the developer elects to develop the park, a park site master plan, as designed by a professional landscape architect, shall be submitted to the City for approval prior to the time of final plat submittal and will be identified in a developer's agreement. Upon approval of the park plan by the City, cost estimates and construction documents shall be submitted along with all other necessary information for construction.

a.

Common and public area landscape for each filing of a subdivision shall be installed by the developer within two (2) years of the first certificate of occupancy issued in the filing, or prior to the last certificate of occupancy, whichever is sooner, unless otherwise specified in an approved improvements agreement between the developer and the City.

4.

If not dedicated to the public, all open and civic space shall require documentation recorded with the final plat that outlines the ongoing maintenance plans, as well as administrative and financial management of the space according to these standards.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.060 - Open space system design.

Open spaces shall be laid out according to the policies of the Master Plan and other plans for parks, trails, and open spaces. The proper arrangement of these spaces shall coordinate with street networks, block and lot layouts, and the landscape and site amenities of individual lots.

A.

Types of open space. Table 18-4-3 specifies the type, size and service areas of different open spaces that may meet the open space requirement.

Table 18-4-3, Open Space Types
Type Size Service Area
Natural Open Space At least 5 acres;
40+ acres optimal
n/a
Park—Community At least 10 acres within 1 mile
Park—Neighborhood 2—10 acres 0.5 mile
Park—Mini 0.5—2 acres 0.25 mile
Trail At least 20 feet wide 1,000 feet
Civic Space—Square 5K SF—1 acre 1,000 feet
Civic Space—Plaza/Courtyard 1K—5K SF abutting lots or on the same block
Enhanced Streetscape See Section 18.04.060.E. abutting lots on the same block

 

B.

Location criteria. Subdivision design shall consider the following location criteria for open spaces to best meet the intent of this Section:

1.

Distribute spaces so that all development has similar proximity to open and civic spaces appropriate to its context. All residential lots should be within the service area of two (2) different types of open spaces, and nonresidential lots should be within the service area of a trail or civic space.

2.

Connect and integrate open spaces with public streetscapes and other civic destinations, such as schools, to improve visibility and access.

3.

Provide access for neighborhoods to recreation opportunities for active living.

4.

Preserve and integrate natural features, particularly for natural open spaces, parks or trails, including protection of groves of trees, prairie, streams, unusual and attractive topography and other desirable natural landscape features and views.

5.

Locate civic spaces, square, plaza, or courtyard, to serve as gathering places and be a focal point for compact, walkable places, and design them as an extension of the streetscapes at highly traveled and visible locations.

6.

Use open space types and design spaces that reinforce character of the area or create gateways and transitions to distinct places.

C.

Open and civic space design guidelines. Open spaces shall be designed according to the following guidelines for each specific type in addition to meeting the applicable standards in Chapter 18.08, Landscape Design.

1.

Natural open space includes existing or restored open lands such as riparian corridors and wetlands, unique geological formations, important habitats, or substantial groupings of important plant and tree types.

a.

Natural open spaces shall protect the edges and to maximize intact and undisturbed spaces that provide valuable ecosystem services for the community, support preservation goals, or enhance the aesthetics and amenities of the area.

b.

Natural open spaces shall contain active recreation, such as trails and paths, provided they do not disrupt the natural, ecological functions of the open space.

c.

Natural open space may include preservation of productive agricultural lands.

2.

Parks. The following applies to all new parks, in addition to requirements set forth in adopted parks plans.

a.

Parks shall have a width, measured in all directions, of at least:

1)

Three hundred (300) feet wide for community parks.

2)

Two hundred (200) feet wide for neighborhood parks.

3)

One hundred (100) feet wide for mini parks.

b.

Parks shall front onto one (1) or more public streets or public trail for at least:

1)

Six hundred (600) feet for a community park.

2)

Four hundred (400) feet for a neighborhood park.

3)

One hundred (100) feet for a mini park.

c.

Between fifteen (15) percent and fifty (50) percent of the park area shall be designed for active, programmed or structured recreation such as ball fields, playgrounds or sport courts. The remainder of the park area shall be allocated to ground cover, tree areas, gardens, or other natural or formal landscape for passive recreation.

d.

Parks shall include ornamental plantings, concentrations of trees, or other enhanced landscape at gateways, entrances, and prominent corners.

D.

Trails.

1.

Trails corridors shall include a paved or otherwise dust-free stabilized surface meeting the Engineering Standards and Specifications.

2.

The landscaped area on each side of the trail shall be at least six (6) feet wide, and wider in places that incorporate natural features or significant vegetation.

3.

One shade tree for every forty (40) feet of trail length; and one ornamental tree or small evergreen tree for every twenty-five (25) feet of trail length are required.

4.

Trails corridors located along rights-of-way shall be integrated into the streetscape design to create the optimal multi-modal design for the street and trail, particularly along arterial streets.

E.

Civic spaces.

1.

Civic space shall have frontage on a public street (or internal access street) with direct pedestrian access to the streetscape and sidewalk, subject to the following:

a.

Square: Along at least two (2) sides and sixty (60) percent of the perimeter.

b.

Plaza: Along at least one (1) side and at least thirty-five (35) percent of the perimeter.

c.

Courtyard: Along at least twenty (20) percent of the perimeter, or an entrance from a gateway along the street.

2.

Buildings shall front on and frame the civic space, and be designed with frequent entrances, transparency, and outdoor seating areas to create activity in the space and make physical and visual connections between the buildings and the space.

3.

Civic spaces shall have a balance of formal gathering places, such as hardscape, seating, public art; and landscape, such as gardens, lawns, planting beds within the following:

a.

Square:

Formal space: fifty (50) to seventy-five (75) percent;

Landscape: twenty-five (25) to fifty (50) percent.

b.

Plaza:

Formal space: seventy-five (75) to eighty-five (85) percent;

Landscape: fifteen (15) to twenty-five (25) percent.

c.

Courtyard:

Formal space: twenty-five (25) to fifty (50) percent;

Landscape: fifty (50) to seventy-five (75) percent.

4.

One shade tree for every twenty-five (25) feet of street frontage and one (1) ornamental or evergreen tree for every one thousand (1,000) square feet.

F.

Enhanced streetscapes.

1.

Gateways shall concentrate landscape and ornamental structures at important intersections or at entrances to distinct neighborhoods or districts. Gateways may be located more frequently throughout a neighborhood or district with smaller, subtle treatments at multiple intersections, creating a hierarchy of streetscape elements that define the character of the area.

2.

Gateways landscape: one (1) shade tree per thirty-five (35) feet of street frontage; one (1) ornamental tree or evergreen tree per two hundred fifty (250) square feet; and three (3) shrubs per one hundred (100) square feet.

3.

Pedestrian and landscape amenity areas at least fifty (50) percent greater than required for the streetscape or landscape median of at least twelve (12) feet on collector streets or fourteen (14) feet on arterial streets; may count to common open space.

4.

Pedestrian and landscape amenities shall include planting that is at least fifty (50) percent above the rate required for the street.

5.

Streetscape enhancements shall generally be located in separate tracts designated on a plat or dedicated as additional right-of-way.

G.

Stormwater facilities. Stormwater facilities shall be designed and integrated into the street network or open and civic space system to avoid redundant and inefficient facilities on individual lots. Any landscaped area used for stormwater may be counted towards the open space requirement provided:

1.

It is integrated into the design of the space in a manner that it is an aesthetic amenity and is consistent with the design character of the space.

2.

The design does not impact the utility of the space for either purpose. For example, stormwater functions do not compromise the use and value of the space as intended open space, and landscape and open space designs do not compromise maintenance and management and performance for stormwater functions.

3.

The maintenance and management of the portion of the facility serving stormwater functions is clearly identified on the approved site plan or plat, whether that is a public dedication or whether it is an obligation of the property owner or owners association.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.070 - Neighborhood design.

In addition to the subdivision design standards in Chapter 18.04 of this Title, these neighborhood design standards shall apply to all new residential subdivisions.

A.

Buffered lots. Lots intended for single-family or duplex dwellings shall not abut an arterial or major collector street. Such lots shall be separated at least twenty (20) feet buffer meeting the requirements for a transitional buffer in accordance with Section 18.08.020 and be surrounded by a six (6) foot tall fence.

B.

Perimeter fence. The residential subdivision shall be surrounded by a perimeter fence made of wood, vinyl, stone, masonry, or architectural block; no chain link; with columns at least every sixty (60) feet with breaks for walkways. A perimeter fence shall not be required to surround a community park on the edge of a development.

C.

Lighting. Ornamental street lighting is required on internal streets in accordance with Section 18.08.070.

D.

Noise. Swimming pools, tennis courts, and other noise generators shall be located at least forty (40) feet from a residential unit, including an associated patio or balcony.

E.

Neighborhood identity features. On a neighborhood-wide scale, residents shall have access to at least one (1) central neighborhood identity feature or gathering place incorporated into the required open or common spaces within the subdivision.

1.

The number of required neighborhood identity features is as follows:

a.

Twelve (12) to fifty (50) units: One (1) feature.

b.

Fifty-one (51) to one hundred fifty (150): Two (2) features.

c.

One hundred fifty-one (151) to three hundred (300): Three (3) features.

d.

More than three hundred (300) units: Four (4) common areas.

2.

Neighborhood identity feature options

a.

A system of trails, other than required public sidewalks, throughout the entire development shall count as one (1) identity feature. Trails should be designed to provide interesting and distinct areas for walking, bicycling and/or horseback riding in areas separate from and in addition to traditional sidewalks.

b.

A system of pocket parks in which each park is at least ten thousand (10,000) square feet and is landscaped in accordance with Chapter 18.08. If the combined area of all pocket parks is between one-half (½) acre (twenty-one thousand seven hundred eighty (21,780) square feet) and one (1) acre, it shall count as one-half (½) an identity feature. If the area is greater than one (1) acre, it shall count as one (1) identity feature.

c.

A water feature, fountain or piece of art such as a sculpture, shall each count as one-half (½) identity feature.

d.

Playgrounds with commercial-grade equipment, picnic/barbeque areas with commercial-grade equipment, or court games (tennis, volleyball or basketball) at least one thousand (1,000) square feet in area shall each count as one (1) identity feature.

e.

Plazas, courtyards or community gardens with irrigation systems and collars to define garden edges, which cover at least one thousand (1,000) square feet in area, shall each count as one (1) identity feature.

f.

A community building at least two thousand (2,000) square feet in area shall count as two (2) identity features.

g.

An in-the-ground swimming pool site or splash park site at least two thousand (2,000) square feet in area shall count as two (2) identity features.

h.

Other features may be considered credit toward meeting the identity feature requirement, subject to approval by the City Council.

3.

All neighborhood identity features not dedicated or not eligible for dedication to the City shall be considered common area and shall be maintained in perpetuity by the owners association, unless otherwise stated herein.

(Ord. 804-23, § 2(Exh. A), 2023)

18.04.080 - Required improvements.

A.

Intent. The intent of this section is to:

1.

Ensure that all public or common improvements necessary to serve lots within a subdivision are constructed, inspected or otherwise assured of completion prior to the issuance of permits and final approvals.

2.

Integrate the design and construction of public, common, and private improvements in the most effective and efficient manner.

3.

Prevent the location or design of a subdivision from placing an undue burden on public utility systems and community facilities serving other areas.

4.

Provide appropriate apportionment of costs, and offset higher net costs or premature costs to the public resulting from subdivisions.

5.

Protect against subdivisions where soil, subsoil or flooding conditions would create potential dangers to public health or safety.

6.

Coordinate subdivisions and construction of required improvements with other anticipated improvements or with future growth.

B.

Required improvements. The following improvements are required for all subdivisions at the expense of the developer. All improvements are subject to the city or other responsible entities' standards, plans, and specifications for improvements.

1.

Survey monuments for each lot;

2.

Sanitary sewer main lines and service lines to each lot;

3.

Potable water main lines and service lines to each lot;

4.

All non-potable mains and services to required lots, where available;

5.

Fire hydrants;

6.

Storm sewers, culverts, detention facilities, bridges and any other approved storm drainage components, or elements, as required.

7.

Underground electric and communication utility lines and services.

8.

Landscape for public and common areas.

9.

Utilities (telephone, electrical service, gas lines and cable television). All utilities shall be installed underground and be in place prior to issuance of certificate of occupancy. Facilities necessarily appurtenant to underground facilities for the purpose of maintenance of the underground facilities may be above ground.

10.

Streets, alleys and sidewalks. All streets shall be paved and all other improvements such as sidewalk, bike paths, curb and gutter shall be installed as required on the approved construction drawings. In cases where an existing street has not been brought up to City specifications the street shall be paved and all other improvements such as sidewalk, bike paths, curb and gutter shall be installed in order to meet City specifications. If any subdivision is located adjacent to any existing street right-of-way, the applicant shall improve at least the adjacent half of the street according to City specification.

a.

Any deferral of street construction shall require installation of an all-weather surface for interim access of construction and emergency vehicles in accordance with Engineering Standards and Specifications.

11.

Street signs on residential projects only;

12.

Streetlights; and

13.

All other improvements required as a condition of approval of the plat or development agreement.

C.

Development agreement. The City and the developer shall enter into a development agreement to be recorded in association with an approved final subdivision plat that specifically defines the type, timing, and guarantees for completion of required improvements.

D.

Performance guarantee. The developer shall submit a financial guarantee for one hundred fifteen percent (115%) of the total cost of improvements based on approved design or construction plans.

1.

The guarantee shall be a letter of credit, cash, or in another form acceptable to the City Attorney and for an amount acceptable to the City Engineer.

2.

The City may approve clearly defined, logical phases of construction, and may accept apportioned guarantee prior to the beginning of each phase.

3.

The performance guarantee amount shall be based on an estimate provided by the applicant and approved by the City Engineer, who may determine an alternate amount based on relevant similar projects and comparable improvements.

4.

Upon initial acceptance of the constructed public improvements, including the required signed as-built drawings for the improvements, the City shall release the performance guarantee, but retain a fifteen percent (15%) warranty for two (2) years.

a.

The use of the warranty shall be restricted for the repair, replacement, completion, and maintenance of all improvements subject to the approved construction drawings and the subdivision improvement agreement.

b.

The City may extend the warranty for all or a portion of the amount if major items have not been repaired or replaced to the satisfaction of the City Engineer.

c.

After final inspection, final acceptance, and at the end of the two (2) year warranty period, the City shall release the warranty.

E.

Procedures for improvements. To ensure that all required improvements are built according to city specifications, the construction of improvements shall generally take the following steps:

1.

Pre-construction.

a.

Recordation of development agreement and acceptance of performance guarantee.

b.

Approval of construction drawings.

c.

Release of grading and right-of-way permits.

2.

Issuance of building permits. The following improvements for the particular phase of the plat shall be installed in accordance with the approved construction drawings and approved by the City prior to issuance of a building permit for any part of the phase:

a.

Sanitary sewer main lines and service lines.

b.

Potable water main lines and service lines.

c.

Fire hydrants.

d.

Curb, gutter, sidewalk and paved roadways

3.

Issuance of certificates of occupancy. The following improvements for the particular phase of the plat shall be installed and approved by the City prior to issuance of a certificate of occupancy for any part of the phase.

a.

Utilities.

4.

Initial inspection.

a.

Developer notifies the City of completion of construction as permitted.

b.

As-built drawings submitted by the developer, certified by the contractor, surveyor and project engineer. Any major changes to the as-built drawings shall be reflected and recertified prior to Final Acceptance.

c.

City inspects and issues a punch list for any necessary deficiencies or maintenance.

d.

If no punch list items, or after punch list completed, improvements are initially accepted by the City.

e.

City maintenance and the warranty period begin, but the developer remains financial responsibility for defects, maintenance and repairs.

5.

Intermediate inspection. The City has the option to inspect improvements at any point at least one hundred twenty (120) days prior to the expiration of the warranty.

6.

Final inspection.

a.

City inspects and issues a punch list for any necessary deficiencies or maintenance.

b.

If no punch list items, or after punch list completed, improvements are finally accepted by the City and the warranty is released.

(Ord. 804-23, § 2(Exh. A), 2023)