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West Wendover City Zoning Code

CHAPTER 14

REQUIRED IMPROVEMENTS

8-14-1: RESPONSIBILITIES:

The design, construction and financing of all required sidewalks, curbs, gutters, pavements, sanitary sewers, storm sewers, water mains, fire hydrants, drainage structures and monuments shall be the responsibility of the subdivider and shall conform to public improvement standards established by the City Manager and approved by the City Council; provided, however, that the subdivider may meet such requirements by participation in an improvement district approved by the City. (Ord. 98-09, 10-6-1998)

8-14-2: AGREEMENT TO INSTALL:

   A.   Prior to certification of final plat approval by the Mayor, the subdivider shall have executed and filed an agreement between himself and the City providing that:
      1.   All required subdivision improvements will be completed within a specified period of time to the satisfaction of the City.
      2.   In the event that such improvements are not completed within the specified period, the City may, at its option, complete or cause to be completed such work and recover from the subdivider full cost and expenses therefor.
      3.   Engineering plans and all required improvements shall be inspected by the City.
   B.   The aforesaid agreement may also provide for:
      1.   Construction of improvements in predetermined stages.
      2.   An extension of construction period under certain specified conditions.
      3.   Progress payments to the subdivider from any deposit which the subdivider may have made or reduction in bonds not exceeding ninety percent (90%) of the value of improvements completed and approved, as determined by the City Manager. (Ord. 98-09, 10-6-1998)

8-14-3: PERFORMANCE GUARANTEE:

   A.   Financial Guarantee: Prior to certification of final plat approval by the Mayor, the subdivider shall have provided the City a financial guarantee of performance in completion of required improvements, in one or a combination of the following forms as determined by the City:
      1.   Performance Or Surety Bond: Performance or surety bond in an amount deemed sufficient by the City Manager to cover, but not to exceed, the full cost of required improvements, engineering inspections, incidental expenses and replacement and repair of any existing streets and utilities or other improvements which may be damaged during construction of required improvements. Such bond shall be executed by a surety company authorized to do business in the State, must be approved by the City Attorney as to form and have a length of term not exceeding twenty four (24) months from the date of final plat recordation.
      2.   Retainer: Deposit of cash, certified check or negotiable bonds, made payable to the City Finance Director or to a responsible escrow agent or trust company approved by the City Attorney, in the same amount and for the same purpose as heretofore provided for performance bond.
      3.   Improvement District Financing: In cases where all properties abutting a public street within any given block are not under the control of the subdivider, and the street abutting such properties is not fully improved in accordance with the requirements of this Title, the subdivider may petition the City to construct the required improvements and to assess the cost thereof against abutting properties in accordance with local practice pertaining to special assessments; provided, however, that the subdivider shall be responsible for any differences between the cost of such improvements and the amount which can be legally assessed by the City against the property to be subdivided and shall furnish any necessary waivers to permit assessment of the entire cost of such improvements. Any such agreement shall be in a form approved by the City Attorney.
   B.   One Year Maintenance: The subdivider shall guarantee the adequacy of street and utility improvements for a period of one year.
   C.   Penalty In Case Of Default: In the event that the subdivider fails to complete all required subdivision improvements in accordance with terms of his agreement with the City, the City may have such work completed and, in order to reimburse itself for the cost and expense hereof, may appropriate the deposit of cash or negotiable bonds or take such steps as may be necessary to secure performance under the bond.
   D.   Payments From Or Release Of Bonds: No job progress payments from cash or negotiable bond deposits nor any release of performance bonds shall be made by the City except upon certification by the City Manager and approval by the City Council. (Ord. 98-09, 10-6-1998)

8-14-4: ENGINEERING PLANS:

It shall be the responsibility of the subdivider to have prepared by an engineer registered in the State, a complete set of engineering plans, satisfactory to the City Manager, for construction of all required street and utility improvements. Such plans shall be based on and be prepared in conjunction with the final plat. Engineering plans shall have been approved by the City Manager prior to recordation of the final plat. (Ord. 98-09, 10-6-1998)

8-14-5: CONSTRUCTION AND INSPECTION:

   A.   All improvements in the public right of way shall be constructed under the inspection and approval of the City Manager. Construction shall not be commenced until a permit has been issued for such construction and if work has been discontinued for any reason, it shall not be resumed until after notifying, in advance, the department having jurisdiction.
   B.   All underground utilities to be installed in streets shall be constructed prior to the surfacing of such streets. Service stubs to platted lots within the subdivision for underground utilities shall be placed to such length as to avoid disturbance of street improvements when service connections are made. (Ord. 98-09, 10-6-1998)

8-14-6: IMPROVEMENTS REQUIRED:

   A.   Streets And Alleys: All streets and alleys within the subdivision shall be graded, drained and surfaced to cross- sections, grades and standards and profile as provided in the West Wendover Construction Standards and Specifications Manual and Title 6, Chapter 1 of this Code. Where there are existing streets adjacent to proposed streets, the proposed streets shall be fully improved to the intercepting paving line of such existing streets.
   B.   Curbs: Curbs and gutters shall conform to the West Wendover Construction and Specifications Manual and Title 6, Chapter 1 of this Code.
   C.   Sidewalks: Sidewalks shall conform to the West Wendover Construction and Specifications Manual and Title 6, Chapter 1 of this Code.
   D.   Street Name Signs: Street name signs shall have been installed at all street intersections by the time the street pavement is ready for use. Design, construction, location and installation shall conform to approved City standards.
   E.   Storm Drainage: The design and construction of public streets and alleys and the grading of private properties shall provide for adequate disposal of storm waters. Existing major drainage courses shall be maintained and dedicated as public drainageways. The type, extent, location and capacity of drainage facilities shall be planned by subdivider's engineer and approved by the City Engineer. Drainage facilities shall be installed to the grade and in the locations and to the depth and of the materials shown on plans and specifications approved by the City Engineer, storm and surface water drain pipes and mains, together with catch basins, and shall be installed to provide discharge from the same in a manner and at a place to be approved by the City Engineer. All lots other than a single-family residence shall be required to have on- site drainage or a direct connection into the master storm drainage system. All systems shall be built to conform with the West Wendover Construction Standards and Specifications Manual.
   F.   Sanitary Sewers:
      1.   Public sanitary sewers shall be installed in all subdivisions which are accessible to an existing or planned and programmed public sewer system, as determined by the City Engineer.
Sewers shall be constructed to plans, profiles, and specifications to conform with the West Wendover Construction Standards and Specifications Manual.
The subdivider shall install, to the grade and in the locations and to the depth and of the material shown on the plans and specifications approved by the City Engineer, sanitary sewer mains with connections therefrom to each lot in said subdivision, said mains to be connected to the sewer system of the City at a point to be specified by the City Engineer.
      2.   All necessary manholes shall be installed in connection with the installation of sanitary sewer mains, said manholes to be installed at the points and in the manner and according to the specifications found in the West Wendover Construction Standards and Specifications Manual.
   G.   Water Supply:
      1.   Requirements: Each lot shall be supplied with safe, pure and potable water in sufficient volume and pressure for domestic use and fire protection, in accordance with approved City standards. The subdivider shall install to grade all water mains and lines so that they conform with the West Wendover Construction Standards and Specifications Manual. All proposed water systems shall connect to the City system.
      2.   Fire Hydrants: Fire hydrants shall be installed in all subdivisions in accordance with approved City standards as set by the Fire Department.
   H.   Power, Communications And Gas Utilities: All electric distribution facilities shall be installed under ground, except in unusual situations involving short extensions of overhead facilities existing on abutting subdivisions wherein such extensions may be approved by the City Council. All such underground electric distribution lines and telephone lines shall be installed in accordance with General Order No. 9 as issued by the Public Service Commission of the State.
   I.   Monuments And Markers:
      1.   Permanent monuments shall be installed in accordance with approved City standards at all corners, angle points, points or curve and at all street intersections. After all improvements have been installed, the subdivider shall have a registered land surveyor check the location of monuments and certify their accuracy. Monuments shall be at or near boundary corners. Monuments shall be set at intermediate points of approximately one thousand feet (1,000') or at such lesser distances as may be necessary, by reason of topography or culture, to ensure accuracy in the reestablishment of any point or line without unreasonable difficulty. All monuments shall be permanently and visibly marked with the registration or license number of the registered land surveyor under whose supervision the survey was made, and a description of such monument shall be shown on the final map.
The subdivider shall set monuments at street intersections and at the beginning and ending of each curve unless the intersection of tangents of said center line falls within the street right of way, in which event the City Engineer may permit the subdivider to establish a monument at such intersection in lieu of monuments at said beginning and end of curve.
      2.   Five-eighths inch (5/8") reinforcing steel shall be set at all corners, angle points and points of curve for each subdivision lot prior to recordation of the plat.
   J.   Street Lighting: Street lighting shall be required on all streets within the subdivision and shall be placed at locations designated by the City Engineer and to the specifications with respect to materials, design and construction as set forth by the West Wendover Construction Standards and Specifications Manual. The subdivider will bear all costs relating to the purchase and placement of the streetlights; provided, however, if the City and the power company can reach an agreement whereby the City is reimbursed for costs, the City may participate in the installation of the lights. (Ord. 98-09, 10-6-1998)