Section 24.10.050 Improvement requirements.

1. Improvements required. Public improvements to serve the proposed subdivision as well as to extend systems of public facilities to serve adjacent property shall be required as a condition for approval of a final plat. Before any final plat of a subdivision is approved by the city council, the public improvements required by this section shall have either been installed or such installation shall be assured as provided in subsection 5 below. The required improvements include, but are not limited to:

a. Monuments. Permanent monuments at each lot corner, point of curvature, point of tangency and control point as required by section 355.6 of the 2001 Code of Iowa shall be confirmed or placed by the land surveyor who certifies the final plat of the subdivision.

b. Grading. The subdivider shall grade any or all of the subdivided property so that each lot will be suitable and useful for the construction of structures and other improvements. All grading shall be in conformance with the standards set forth in section 20.30.070 of the Municipal Code.

c. Streets. All streets required to serve the lots within the subdivision and streets extended to provide access to property adjacent to the subdivision shall be constructed in conformance with the Design Standards Manual.

e. Sanitary sewer . Sanitary sewer service to all lots within the subdivision as well as sanitary sewer extended to property adjacent to the subdivision shall be constructed in conformance with the Design Standards Manual. If construction of sanitary sewer is infeasible, alternative means of providing for disposal and/or treatment of wastes may be approved, provided future installation of sanitary sewer is guaranteed by an agreement with assurances of performance as described in section 5 below.

f. Water supply. Public water distribution mains, service lines and fire hydrants for all lots within the subdivision as well as water service extended to property adjacent to the subdivision shall be constructed in conformance with the Design Standards Manual. If connection to the public water system is infeasible, private wells may be approved, provided future installation of water mains is guaranteed by an agreement with assurances of performance as described in section 5 below.

g. Stormwater facilities. Stormwater facilities such as storm sewers, drainage ditches and swales, retention and detention basins as required to protect all properties within, adjacent and downstream from the subdivision shall be constructed in conformance with the Design Standards Manual. If the Design Standards Manual does not include stormwater management and drainage standards, stormwater facilities shall conform to standards acceptable to the city engineer.

h. Private utilities. Private utility systems including, but not limited to, electricity, natural gas, and telecommunication services shall be installed either by the respective private utility companies or private contractors to serve each lot in the subdivision according to the industry standards adopted for each utility system. All utility systems shall be constructed underground except electrical transmission lines and appurtenances such as transformers and junction boxes and gas pressure relief valves. All utility system facilities shall be located in utility easements, on the property of the utility company or in the public right-of-way in conformance with the Figure 9.1 in the Design Standards Manual.

i. Street lighting. Street lighting shall be installed by the electric utility company in conformance with the Design Standards Manual. The type and location of street lights shall be included on the plans of improvements for the subdivision.

2. Plans required. The subdivider shall provide four sets of the design plans and specifications for the required public improvements, prepared and certified by a professional engineer. The plans of improvements shall be in conformity with the approved preliminary plat and grading plan of the subdivision and shall conform to standard engineering practices, the design standards of this chapter and the specific requirements set forth in the Sioux City Design Standards Manual and the Sioux City Standard Specifications for Public Improvements. This requirement for submittal of plans and specifications may be deferred if the public improvements will be deferred indefinitely as part of agreements related to the approval of the final plat of the subdivision.

3. Review and approval. The city engineering division shall review the plans of improvements to assure conformance with the approved preliminary plat and grading plan, standard engineering practices, the standards of this chapter, the requirements of the Design Standards Manual and the Standard Specifications for Public Improvements and, shall approve, approve with conditions, or disapprove the plans of improvements in a timely manner. Copies of the plans of improvements with acknowledgment of approval by the authorized city staff members as well as any comments shall be returned to the subdivider. No construction shall begin on public improvements until the plan of improvements has been approved. No construction field changes shall be made without the written approval of the city engineering division.

4. Improvement requirements for extraterritorial subdivisions. Whenever the city reviews a subdivision located in its extraterritorial review jurisdiction, the public improvements requirements shall be the same as would be required in the city. If extensions of public facility systems are either impractical or unnecessary to serve the development, deferrals of public improvement requirements may be considered as part of the approval of the final plat. For a deferral, the subdivider shall be required to enter into an agreement with adequate assurance of performance as provided in section 5 below.

5. Guarantees of performance. In lieu of the requirement that public improvements be completed prior to approval of the final plat, the subdivider may enter into an agreement to complete said public improvements. Such agreement shall provide for completion and acceptance of said improvements within one year unless specifically extended by the mutual agreement. The performance of such construction shall be assured by one of the following forms of security subject to approval by the city attorney and acceptance by the city council:

a. A cashiers check or an escrow account at an acceptable institution in an amount equal to 110 percent of the estimated cost of the improvements to be constructed as approved by the city engineer. The subdivider may withdraw or reduce the amount of the security in amounts approved by the city engineering division as improvements are constructed and inspected. Not more than 90 percent of the security may be withdrawn prior to filing of the required maintenance bonds and acceptance of the improvements by the city. An escrow account that requires only the signature of the city finance and administrative services director or the city treasurer for release of funds will meet the requirements of this form of security.

b. A surety bond issued by an acceptable insurance or bonding company upon which the subdivider is a principal and the city is the sole obligee. The bond shall be in an amount equal to 110 percent of the estimated cost of the improvements to be constructed as approved by the city engineer. The assignment of contractor’ s performance bonds will not satisfy this provision.

c. An irrevocable letter of credit from an acceptable financial institution in an amount equal to 110 percent of the estimated cost of the improvements to be constructed as approved by the city engineer. The letter of credit shall provide that if all required improvements are not completed and accepted within the time allowed, the city may draw sufficient funds from the letter of credit to finance the construction of any remaining required improvements.

d. A petition, waiver of notice and consent to special assessments for the design and installation by the city of the required improvements. This form of security may be used when the time limit for performance is longer than one year or undetermined. The petition, waiver and consent must be in a form that extends in effect to subsequent owners to assure that the public improvements may be constructed when feasible.

Exception: For required sidewalks, street lighting and private utility services, no security shall be required to assure the performance by the subdivider or the successor in interest of the installation pursuant to the agreement required herein. The agreement shall require sidewalks to be installed abutting each lot at such time as a principal structure is constructed. Street lighting and utility services shall be installed by the respective utility companies in accordance with their agreements with the city. (Ord. 2006-0415; 2001-0849)