Newdale City Zoning Code

CHAPTER IX

REQUIRED IMPROVEMENTS: INSTALLATION AND MAINTENANCE

What This Chapter Does. This chapter requires the installation of improvements in subdivisions, mobile home parks, and other developments at the developer's expense, sets improvement standards, permits the phased installation of improvements pursuant to a development agreement, and requires the perpetual maintenance of required improvements.
Required Improvements Defined. A required improvement is any improvement required for compliance with this ordinance. Required improvements specifically include (but are not limited to):
1. any runoff and erosion control measures, including plantings, required in an approved runoff and erosion control plan;
2. any open space or recreational area or facilities required of a large scale development;
3. landscaped buffers and any other improvements required to mitigate a nuisance;
4. water, sewer, and other utilities, including any extension of lines required to serve the development;
5. off-street parking and loading areas; and
6. roads, including bridges, culverts, and street identification and traffic control signs.
Installation at Developer's Expense. The installation of all required improvements shall be at the developer's expense.
Standards for Required Improvements. All required improvements shall be installed in compliance with this ordinance and any design and engineering standards separately adopted by the city or other agencies responsible for providing services to the development.
Time of Installation/Development Agreements.
1. Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.
2. Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
  1. incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase/s;
  2. identifies all required improvements in the initial phase/s and establishes their estimated cost;
  3. sets a schedule for the completion of the required improvements in the initial phase/s and an anticipated schedule for future phases;
  4. guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase/s using one of the methods listed in Chapter IX. Sec G. and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases;
  5. provides a process by which the city may, if necessary, complete required improvements using the guarantee/s provided;
  6. provides a process by which either party may request re-negotiation of the development agreement,
  7. provides a process by which the development agreement may be transferred, with city approval, to the developer's successors; and
  8. provides that the development agreement and any vested rights it confers shall be void if the city is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by c., above, is not met or re-negotiated. The developer shall have the right to re-negotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within 90 days after failure to initiate or complete a phase as scheduled.
  9. An "initial" phase is any phase anticipated to begin within 18 months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than 12 months: i.e. Phase I will be completed between June 1992 and June 1993.
Effect of Development Agreement. The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. All such rights expire with the development agreement. Development agreements do not insulate developments from changes in state or federal regulations or changes in building and fire codes.
Guarantees. Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:
1. The developer may place an amount equal to 110% of the estimated cost in escrow, with that amount and accumulated interest being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least 25% of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.
2. The developer may provide an irrevocable or standing letter of credit for an amount equal to 110% of the estimated cost. The letter of credit shall be released only after the city has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the credit available to complete those improvements.
Inspection Fees. Fees for the inspection of required improvements shall be set by resolution of the mayor and council. Inspection fees shall be paid before any work on required improvements is permitted.
Inspection and Acceptance of Improvements. Required improvements shall be inspected by the administrator before acceptance. Acceptance of required improvements shall be by action of the mayor and council, following submission of the developer's written request for acceptance and receipt of the administrator's report that all improvements have been inspected and are in compliance with these regulations.
As-Built Drawings. Reproducible as-built drawings of all subdivision improvements shall be provided to the city at the developer's expense.
Warranty of Improvements. Required improvements shall be warranted by the developer for both materials and workmanship for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:
1. retention of 10% of an escrow account established to comply with Chapter IX Sec G.;
2. a continuing letter of credit, as provided in Chapter IX Sec G., but for 10% of the cost of the required improvements; or
3. establishment of a new escrow account, in which an amount equal to 10% of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty.
Continuing Maintenance Required. The continuing maintenance of any improvement required for compliance with these regulations shall be required. Failure to maintain any required improvement shall be a violation of these regulations.
Maintenance Mechanism.
1. Water and sewerage systems, streets, and other required improvements that are dedicated to the city shall be maintained by the city, after acceptance and the warranty period, as provided in this chapter.
2. Other required improvements shall be maintained by the owner or by a community association, as provided in Chapter IX Sec M.3.
3. Any development subject to the continuing maintenance requirement of Chapter IX Sec L. that results, or may reasonably be expected to result, in the creation of multiple ownerships (subdivisions, condominiums) shall create a community association or similar mechanism to assure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and by-laws for the community association with the application for a permit and these documents shall be approved by the city's legal counsel and recorded before any certificate of compliance is issued.
  
  EXCEPTION: Creation of a community association shall not be required where the only improvement provided is future access to adjoining parcels.
Open Space Maintenance. The maintenance of any open space area required for compliance with these regulations shall include fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. Maintenance activities shall not diminish the open space values (wetlands, slopes, etc.) being protected.
Maintenance of Landscaping. Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function of the landscaped area.

Newdale City Zoning Code

CHAPTER IX

REQUIRED IMPROVEMENTS: INSTALLATION AND MAINTENANCE

What This Chapter Does. This chapter requires the installation of improvements in subdivisions, mobile home parks, and other developments at the developer's expense, sets improvement standards, permits the phased installation of improvements pursuant to a development agreement, and requires the perpetual maintenance of required improvements.
Required Improvements Defined. A required improvement is any improvement required for compliance with this ordinance. Required improvements specifically include (but are not limited to):
1. any runoff and erosion control measures, including plantings, required in an approved runoff and erosion control plan;
2. any open space or recreational area or facilities required of a large scale development;
3. landscaped buffers and any other improvements required to mitigate a nuisance;
4. water, sewer, and other utilities, including any extension of lines required to serve the development;
5. off-street parking and loading areas; and
6. roads, including bridges, culverts, and street identification and traffic control signs.
Installation at Developer's Expense. The installation of all required improvements shall be at the developer's expense.
Standards for Required Improvements. All required improvements shall be installed in compliance with this ordinance and any design and engineering standards separately adopted by the city or other agencies responsible for providing services to the development.
Time of Installation/Development Agreements.
1. Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.
2. Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
  1. incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase/s;
  2. identifies all required improvements in the initial phase/s and establishes their estimated cost;
  3. sets a schedule for the completion of the required improvements in the initial phase/s and an anticipated schedule for future phases;
  4. guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase/s using one of the methods listed in Chapter IX. Sec G. and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases;
  5. provides a process by which the city may, if necessary, complete required improvements using the guarantee/s provided;
  6. provides a process by which either party may request re-negotiation of the development agreement,
  7. provides a process by which the development agreement may be transferred, with city approval, to the developer's successors; and
  8. provides that the development agreement and any vested rights it confers shall be void if the city is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by c., above, is not met or re-negotiated. The developer shall have the right to re-negotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within 90 days after failure to initiate or complete a phase as scheduled.
  9. An "initial" phase is any phase anticipated to begin within 18 months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than 12 months: i.e. Phase I will be completed between June 1992 and June 1993.
Effect of Development Agreement. The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. All such rights expire with the development agreement. Development agreements do not insulate developments from changes in state or federal regulations or changes in building and fire codes.
Guarantees. Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:
1. The developer may place an amount equal to 110% of the estimated cost in escrow, with that amount and accumulated interest being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least 25% of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.
2. The developer may provide an irrevocable or standing letter of credit for an amount equal to 110% of the estimated cost. The letter of credit shall be released only after the city has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the credit available to complete those improvements.
Inspection Fees. Fees for the inspection of required improvements shall be set by resolution of the mayor and council. Inspection fees shall be paid before any work on required improvements is permitted.
Inspection and Acceptance of Improvements. Required improvements shall be inspected by the administrator before acceptance. Acceptance of required improvements shall be by action of the mayor and council, following submission of the developer's written request for acceptance and receipt of the administrator's report that all improvements have been inspected and are in compliance with these regulations.
As-Built Drawings. Reproducible as-built drawings of all subdivision improvements shall be provided to the city at the developer's expense.
Warranty of Improvements. Required improvements shall be warranted by the developer for both materials and workmanship for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:
1. retention of 10% of an escrow account established to comply with Chapter IX Sec G.;
2. a continuing letter of credit, as provided in Chapter IX Sec G., but for 10% of the cost of the required improvements; or
3. establishment of a new escrow account, in which an amount equal to 10% of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty.
Continuing Maintenance Required. The continuing maintenance of any improvement required for compliance with these regulations shall be required. Failure to maintain any required improvement shall be a violation of these regulations.
Maintenance Mechanism.
1. Water and sewerage systems, streets, and other required improvements that are dedicated to the city shall be maintained by the city, after acceptance and the warranty period, as provided in this chapter.
2. Other required improvements shall be maintained by the owner or by a community association, as provided in Chapter IX Sec M.3.
3. Any development subject to the continuing maintenance requirement of Chapter IX Sec L. that results, or may reasonably be expected to result, in the creation of multiple ownerships (subdivisions, condominiums) shall create a community association or similar mechanism to assure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and by-laws for the community association with the application for a permit and these documents shall be approved by the city's legal counsel and recorded before any certificate of compliance is issued.
  
  EXCEPTION: Creation of a community association shall not be required where the only improvement provided is future access to adjoining parcels.
Open Space Maintenance. The maintenance of any open space area required for compliance with these regulations shall include fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. Maintenance activities shall not diminish the open space values (wetlands, slopes, etc.) being protected.
Maintenance of Landscaping. Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function of the landscaped area.

Newdale City Zoning Code

CHAPTER IX

REQUIRED IMPROVEMENTS: INSTALLATION AND MAINTENANCE

What This Chapter Does. This chapter requires the installation of improvements in subdivisions, mobile home parks, and other developments at the developer's expense, sets improvement standards, permits the phased installation of improvements pursuant to a development agreement, and requires the perpetual maintenance of required improvements.
Required Improvements Defined. A required improvement is any improvement required for compliance with this ordinance. Required improvements specifically include (but are not limited to):
1. any runoff and erosion control measures, including plantings, required in an approved runoff and erosion control plan;
2. any open space or recreational area or facilities required of a large scale development;
3. landscaped buffers and any other improvements required to mitigate a nuisance;
4. water, sewer, and other utilities, including any extension of lines required to serve the development;
5. off-street parking and loading areas; and
6. roads, including bridges, culverts, and street identification and traffic control signs.
Installation at Developer's Expense. The installation of all required improvements shall be at the developer's expense.
Standards for Required Improvements. All required improvements shall be installed in compliance with this ordinance and any design and engineering standards separately adopted by the city or other agencies responsible for providing services to the development.
Time of Installation/Development Agreements.
1. Developers may install all required improvements before a final plat is recorded or the development is offered for lease or sale, leased, sold, or occupied.
2. Developers may elect to record final plats of the development in phases and/or offer phases of the development for lease, sale, or occupancy before all required improvements are installed. Phasing shall be permitted pursuant to a development agreement that:
  1. incorporates a conceptual site plan of the entire development (the site plan used as a basis for permit approval) and a detailed site plan and construction drawings of the initial phase/s;
  2. identifies all required improvements in the initial phase/s and establishes their estimated cost;
  3. sets a schedule for the completion of the required improvements in the initial phase/s and an anticipated schedule for future phases;
  4. guarantees completion, repair, and one year's maintenance of all required improvements in the initial phase/s using one of the methods listed in Chapter IX. Sec G. and provides a process for the submission of detailed plans, cost estimates, and the guarantee of improvements in future phases;
  5. provides a process by which the city may, if necessary, complete required improvements using the guarantee/s provided;
  6. provides a process by which either party may request re-negotiation of the development agreement,
  7. provides a process by which the development agreement may be transferred, with city approval, to the developer's successors; and
  8. provides that the development agreement and any vested rights it confers shall be void if the city is required to "call" a guarantee to complete required improvements or if the anticipated schedule required by c., above, is not met or re-negotiated. The developer shall have the right to re-negotiate the anticipated schedule without losing vested rights, provided that such negotiations are initiated, by the developer, within 90 days after failure to initiate or complete a phase as scheduled.
  9. An "initial" phase is any phase anticipated to begin within 18 months. The anticipated schedule may set times for the initiation or completion of a phase in terms of reasonable ranges of no more than 12 months: i.e. Phase I will be completed between June 1992 and June 1993.
Effect of Development Agreement. The effect of a development agreement shall be to create vested rights in the conceptual site plan, as it was approved. All such rights expire with the development agreement. Development agreements do not insulate developments from changes in state or federal regulations or changes in building and fire codes.
Guarantees. Completion of the improvements identified in a development agreement shall be guaranteed by one of the following methods:
1. The developer may place an amount equal to 110% of the estimated cost in escrow, with that amount and accumulated interest being released only after the city has inspected and accepted the required improvements. A development agreement may provide for the phased release of a portion of the escrowed funds as work proceeds, but at least 25% of the amount in escrow shall be retained until all required improvements are installed, inspected, and accepted. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the escrow account to complete those improvements, before returning any remaining balance to the developer.
2. The developer may provide an irrevocable or standing letter of credit for an amount equal to 110% of the estimated cost. The letter of credit shall be released only after the city has inspected and accepted the required improvements. If any required improvements are not completed as provided in the development agreement, the city shall use as much as necessary of the credit available to complete those improvements.
Inspection Fees. Fees for the inspection of required improvements shall be set by resolution of the mayor and council. Inspection fees shall be paid before any work on required improvements is permitted.
Inspection and Acceptance of Improvements. Required improvements shall be inspected by the administrator before acceptance. Acceptance of required improvements shall be by action of the mayor and council, following submission of the developer's written request for acceptance and receipt of the administrator's report that all improvements have been inspected and are in compliance with these regulations.
As-Built Drawings. Reproducible as-built drawings of all subdivision improvements shall be provided to the city at the developer's expense.
Warranty of Improvements. Required improvements shall be warranted by the developer for both materials and workmanship for one year after their acceptance. Such a warranty provision shall be included in all development agreements. Where all required improvements will be completed before a final plat is approved and the development is offered for lease, sale, or occupancy, a warranty agreement shall be submitted for approval. Enforcement of the warranty shall be assured by:
1. retention of 10% of an escrow account established to comply with Chapter IX Sec G.;
2. a continuing letter of credit, as provided in Chapter IX Sec G., but for 10% of the cost of the required improvements; or
3. establishment of a new escrow account, in which an amount equal to 10% of the cost of all required improvements is deposited, and which shall be released only upon expiration of the warranty.
Continuing Maintenance Required. The continuing maintenance of any improvement required for compliance with these regulations shall be required. Failure to maintain any required improvement shall be a violation of these regulations.
Maintenance Mechanism.
1. Water and sewerage systems, streets, and other required improvements that are dedicated to the city shall be maintained by the city, after acceptance and the warranty period, as provided in this chapter.
2. Other required improvements shall be maintained by the owner or by a community association, as provided in Chapter IX Sec M.3.
3. Any development subject to the continuing maintenance requirement of Chapter IX Sec L. that results, or may reasonably be expected to result, in the creation of multiple ownerships (subdivisions, condominiums) shall create a community association or similar mechanism to assure continuing maintenance. The developer shall submit the proposed declaration of covenants, articles of incorporation, and by-laws for the community association with the application for a permit and these documents shall be approved by the city's legal counsel and recorded before any certificate of compliance is issued.
  
  EXCEPTION: Creation of a community association shall not be required where the only improvement provided is future access to adjoining parcels.
Open Space Maintenance. The maintenance of any open space area required for compliance with these regulations shall include fencing, where required; control of noxious weeds; litter removal; and wildfire suppression. Maintenance activities shall not diminish the open space values (wetlands, slopes, etc.) being protected.
Maintenance of Landscaping. Maintenance of landscaped areas includes the installation and maintenance of an irrigation system, timely irrigation, weed and pest control, and all other activities required to maintain the function of the landscaped area.