Fulton Improvement plans ordinance (§ 102-37)

(a) Intent. After a preliminary plat has been approved, improvement plans prepared by an engineer on behalf of the subdivider or developer for the subdivision of all or any part of the tract shall be submitted to the city clerk's office for review by the city engineer.

(b) Required improvements or financial guarantee prior to final plat. Prior to commencement of the installation of required public improvements by the subdivider or his or her contractor, or upon submittal of an improvement plan financial guarantee as described in below, the subdivider shall agree in writing, in a form provided by the city counselor, that he or she will install the minimum required improvements in section 102-81. Further, it shall be mutually understood that no building occupancy permits will be issued by the city until the required improvements are available to each lot for which a building occupancy permit is requested or until the provisions of the improvement plan financial guarantee per section 102-38 is furnished by the subdivider or his/her contractor, guaranteeing the installation of the improvements to any lot for which a building permit is requested. No such financial guarantee shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by a qualified, independent third party as selected by the city and in a financial guarantee form approved by the city Counselor. Further, the terms of the performance guarantee (per section 102-85) and maintenance guarantee (section 102-86) shall be applicable.

(c) Improvement plan financial guarantee. The subdivider shall provide a financial security for construction of the required public improvements. By way of example, these may include guarantees such as, but not limited to, performance bonds, surety bonds, irrevocable letters of credit, cash escrow, or similar as acceptable to the city's chief financial officer. Financial security shall be in an amount equal to at least equal to 100 percent of the cost of constructing the improvements, including lot improvements, as estimated by an independent third party as selected by the city. If funds are deposited, they shall be held by the escrow agent until the required improvements have been built and subsequently approved by the city engineer. If applicable, during the period the funds are held by the escrow agent, the funds may be invested at the subdivider's discretion.

(1) Letter of credit. If the applicant posts a letter of credit as financial security for the required public improvements, the letter of credit shall:

a. Be irrevocable;

b. Be for a term sufficient to cover the completion and performance warranty periods described in section 102-85;

c. Require only that the government present the credit with a sight draft and an affidavit signed by the city attorney attesting to the city's right to draw funds under the credit.

(2) Cash escrow. If the applicant posts a cash escrow as financial security for the required public improvements, the escrow instructions shall provide:

a. That the subdivider will have no right to a return of any of the funds except as provided in section 102-85 (performance guarantee);

b. That the escrow agent shall have legal duty to deliver the funds to the city whenever the city attorney presents an affidavit to the agent attesting to the city's right to receive funds whether or not the subdivider protests that right.

(3) If the cost of construction by the city shall exceed the escrow funds available, the amount still due shall attach to and become a lien upon all unsold lots in the street block under construction.

(4) The city council may, upon recommendation of the city engineer, change the amount of deposit required for each lot if the cost of constructing the type of street proposed should change materially during the period of escrow.

(5) Until the sum required to be deposited with the escrow agent is on deposit and all other sections of this chapter are fully complied with, no building permit shall be issued by the city building official.

(6) On all streets that are more than a local street classification, the city may, through a development agreement approved by city council, pay the costs of construction which are in excess of the cost of construction of a six-inch concrete street with a 30-foot running surface.

(7) Release of financial security guarantee for public improvements. If and when the city accepts the offer of dedication for the last completed required public improvement, the city shall execute a waiver of its right to receive the funds represented by the letter of credit or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. Prior to the release of the construction of the required public improvements funds represented by the letter of credit or cash escrow, a financial security agreement for the subdivider's covenant to maintain the required public improvements per section 102-86 maintenance guarantee to warranty that the improvements are free from defect shall be agreed to by the city's chief financial officer and on record with the city clerk.

(d) Notice to proceed. Once required improvements plan have been approved by the city engineer or the details of the improvement plan financial guarantee per subsection 102-37(c) above have been settled to the satisfaction of the city engineer, the city engineer shall provide the subdivider/developer a written notice to proceed. Upon issuance of the notice to proceed, the subdivider or developer may commence with installation of the subdivision improvements or, if an improvement plan financial guarantee has been approved, submit a final subdivision per section 102- 38.

(e) Improvement plan requirements. Improvement plans shall be prepared on an exhibit not to exceed 48 inches and shall contain the following information:

(1)

Title page, which shall include a key map showing the relationship of the area to be subdivided to the project area and which shall reflect areas of the project area previously subdivided, plus adjacent streets.

(2) North arrow and graphic scale.

(3) Title block showing name and address of developer and engineering firm, as well as the engineer's seal.

(4) One or more benchmarks, in or near the subdivision, to which the subdivision is referenced. The elevation shall be based on the sea level datum.

(5) Topography of the tract, both before and after development at the same scale as the approved preliminary information.

(6) Existing and proposed elevations along the centerlines of all streets.

(7) Radii of all curves and lengths of tangents on all streets.

(8) Locations, typical cross-sections and dimensions of all street pavements including curbs/gutters, catch basins, and inlets.

(9) Locations, typical cross-sections and dimensions of sidewalks and driveway aprons.

(10) Locations, sizes, and invert elevations of all existing and proposed sanitary sewers, water lines, storm sewers, and fire hydrants, showing connections to any existing or proposed utility systems. The plans and profiles shall be drawn at a scale not greater than one-inch equals 100 feet horizontal, and one-inch equals ten feet vertical.

(11) Locations and sizes of all existing and proposed water, gas, electric, and other utility easements.

(12) Locations of street lighting standards and street signs.

(13) Plans and specifications to cover all proposed measures to control erosion, sedimentation and stormwater control (see chapter 46).

(14) 100-year storm pool elevations of all lakes/streams or drainage ways adjoining or within the tract with recommended minimum lowest floor elevation of all contiguous lots.

(15) Location of major watercourses, ponding areas, natural drainageways, and flood hazard areas. All open drainage ditches shall be identified with flow line elevations indicated at every proposed property line or at 100-foot intervals, whichever is closest.

(16) Copies of design and other calculations in the format and using such acceptable engineering methodology the city engineer shall require.

(17) Location of existing and proposed survey control monuments necessary for construction of improvements.

(18) Specifications, special provisions and other details required for compliance with other city or state codes and policies.

(19) Permit applications for water, sewer, culvert, bridge, or 404 permits.

(20) List of the standards and specifications followed, citing volume, section, page or other references.

(21) Paving details conforming to city standard specifications.

(22) Details of streets, existing and proposed sanitary sewers, water lines, drainage channels, swales and storm sewers as required by this chapter.

(23) Any structural or nonstructural measure proposed to prevent soil erosion and sediment control as required by this chapter must be shown or included in a statement accompanying the improvement plans.

(24) Details as to the party that owns, is responsible for, and maintains stormwater common areas.

(25) All pages which are part of the improvement plans shall include the engineer's seal.

(f) Easements. Prior to final approval by the city engineer, the subdivider will furnish three complete drawings showing all easements for underground and overhead facilities to be furnished and for sanitary sewers, all pertinent elevations for each lot lateral. Also, notice will be given to the city engineer before any paving of streets begins so that proper conduits may be provided to properly serve each lot.

(g) Street construction. For street construction, the subdivider shall adhere to section subsection 102- 37(c), guaranteeing the construction of streets according to this chapter, on the following terms and conditions:

(1) By written agreement the subdivider may stipulate that he will pay to the city clerk or any other responsible person or corporation acceptable to the city council as escrow agent for each lot in the subdivision sold a sum that will be considered sufficient by the city council to construct the type of street approved for construction in the subdivision.

(2) The amount to be paid will be determined by the city engineer (or, at the city engineer's discretion, an independent third party as selected by the city) upon the basis of the cost per front foot for the construction of a similar street by the city.

(h) Filing. Following the city engineer's approval of the improvement plans, two drawings of the improvements plans shall be kept on file by the city. One copy shall be retained by the city clerk, and one copy shall be retained by the city engineer.

(i) The subdivider shall bear all expense in connection with preparation of improvement plans and the city clerk shall not be required to file the final plat until the subdivider shall provide the expense of filing thereof.

(j) Three copies of the street construction agreement in writing required under subsection (g) of this section shall be filed with the city clerk and one copy filed with the recorder of deeds at the time of filing the final plat. One copy of this agreement shall be retained by the city clerk, and one copy of the agreement shall be transmitted to the city engineer. The subdivider shall bear all expense in

connection with the filing of the street construction agreement and the city clerk shall not be required to file the agreement in writing until the subdivider shall provide the expense of filing thereof.

(k) Prohibited variances. Substantial differences between the preliminary plat and the improvement plans shall not be permitted. If, through the developer's preparation of improvement plans and/or the construction of these improvements, substantial alterations of an approved preliminary plat are necessary, then a new preliminary plat must be submitted.

(l) The construction of the street shall be the sole responsibility of the subdivider. If the subdivider fails to construct the street as agreed, the city may proceed with its construction, using the funds deposited with the escrow agent for payment of the costs of construction.