[Amended by Ord. of 9-9-2002; 11-24-2008]
(a) Before proceeding to prepare and submit the final plat for approval of a major subdivision, the subdivider shall enter into a Subdivision Agreement with the City of Franklin for the improvements outlined in §
6-2.
In addition the subdivider shall either:
(1) Install all improvements required under these regulations; or
(2) Furnish to the city a certified check or cash escrow in the amount
of the estimated costs of construction or a personal or corporate
bond, with surety satisfactory to the city attorney, in an amount
sufficient for and conditional upon the construction of such improvements,
or a contract for the construction of such improvements and the contractor's
bond, with like surety, in like amount and so conditioned to be in
effect for the length of time required for the improvements to be
constructed as determined in the Subdivision Agreement; or
(3) Furnish to the city an irrevocable letter of credit on certain designated
funds from a reputable financial institution satisfactory to the city
attorney to be in effect for the length of time required for the improvements
to be constructed as determined in the Subdivision Agreement in a
form which allows the city to procure the funds to complete the required
improvements if the subdivider fails to construct or complete construction
of those improvements.
(b) The amount of the certified check, cash escrow, bond or letter of
credit referred to in § 6-1(a)(2) above shall not exceed
the total of the estimated costs of construction based on unit prices
for new public or private sector construction in the city and an additional
twenty five percent (25%) for estimated administrative costs, inflation,
and potential damage to existing roads or utilities as permitted by
§ 15.2-2241 of the Code of Virginia as amended.
(c) In the event that a certified check, cash escrow, bond or letter
of credit is given in lieu of installation of all improvements required
herein, the director of public works shall determine the amount of
time within which the improvements required herein shall be constructed
by or on behalf of the subdivider, as expressed in the Subdivision
Agreement. This time may be extended for good cause shown as determined
by the director of public works. In the event that the director of
public works refuses to grant the subdivider the extension requested,
the subdivider may appeal this denial to the commission which may
consider the request and grant the extension requested or a longer
extension than the director of public works has granted. If the improvements
have not been completed and accepted by the City within the time set
or any extension thereof by the director of public works and the Subdivision
Agreement, the city may proceed against the bond or proceed to construct
or have constructed such improvements by use of the cash escrow, the
certified check or the letter of credit.
[Amended by Ord. of 9-9-2002; 1-8-2007; 11-24-2008]
Required improvements for major subdivisions shall include the
following:
(1) Iron rods not less than one-half inch in diameter and twenty four
inches long shall be set flush with the finished grade at the following
locations in the subdivision: at all corner and angle points in the
exterior boundaries of the subdivision, at all corner and angle points
of lot lines, at all points of angle and curvature in the right-of-way
lines of all streets in the subdivision and at all tangent points
of street intersections.
(2) Street improvements shall be made in accordance with the City of
Franklin Construction Specifications and Standards. The installation
of surface course asphalt may be determined by a date or circumstance
agreed upon in the Subdivision Agreement.
(3) Curb and gutter on both sides of each street in accordance with the
City of Franklin Construction Specifications and Standards.
(4) Sidewalks shall be constructed in accordance with the City of Franklin
Construction Specifications and Standards on both sides of new streets
in subdivisions. In addition, all sidewalks construction shall be
accessible to those with disabilities in accordance with current ADA
standards. The installation of sidewalks may be determined by a date
or circumstance agreed upon in the Subdivision Agreement.
(5) Storm sewers, drains, culverts, ditches, catch basins or any other
facilities for the proper drainage and disposal of surface waters
from or across all streets and adjoining properties, as approved by
the Director of Public Works in accordance with the stormwater management
ordinance and the City of Franklin Construction Specifications and
Standards. The Director of Public Works must approve the size and
grade of all drainage culverts.
(6) Street signs, of an approved design, at all street intersections.
(7) Public water supply and distribution facilities, including fire hydrants
in accordance with city design standards and specifications.
(8) Public sewers and sewage disposal facilities in accordance with city
design standards and specifications.
(9) Street lights in accordance with city specifications as to type design,
installation and number. The installation of street lights may be
determined by a date or circumstance agreed upon in the Subdivision
Agreement. The subdivider of a subdivision containing four or more
lots shall pay for the installation of street lights required as a
result of the subdivision. In addition, the subdivider shall pay to
the city a sum based on current monthly charge per light established
by the city or the utility company, times the number of lights times
24 to cover two years electric service for the street lights. This
sum shall be payable in cash or by certified check to the city prior
to the lights being connected for service by the city or the utility
company.
(10) Except as provided below, transmission, distribution and customer
service utility facilities carrying or used in connection with electric
power, street lights, telephone, telegraph, cable television, petroleum,
gas or steam, water and sewer shall be placed below the surface of
the ground in all subdivisions, except that subdivisions not requiring
public extensions of electrical utilities are not required to install
these extensions below the surface of the ground. All installations
shall be in accord with applicable codes. Exceptions are as follows:
a. Equipment such as electric distribution transformers, switch gear,
meter pedestals, telephone pedestals, meters, service connections,
bulk feeder and accepted utility practices for underground distribution;
b. Temporary overhead facilities required for construction purposes;
c. High tension transmission lines, 33,000 volts or more; and
d. Repair or replacement of existing overhead facilities.
All remnants of lots below minimum size left over after subdivision
of a tract shall be added to adjacent lots or otherwise disposed of
rather than allowed to remain as unusable parcels.
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[Amended by Ord. of 9-9-2002; 11-24-2008]
Eight blue line or black line copies of plans and specifications
for all improvements for major subdivisions shall be prepared by a
registered engineer and submitted to the planning commission for approval
prior to construction. The planning commission shall approve or disapprove
the plans and specifications within 60 days of submission. If disapproved,
all plans and specifications shall be returned to the subdivider with
reasons for disapproval set forth in writing. In the event that no
action is taken by the planning commission within 60 days, the plans
and specifications shall be deemed approved.
[Amended by Ord. of 9-9-2002; 11-24-2008]
All improvements installed by the subdivider for major subdivisions
shall be subject to inspection and approval by the director of public
works prior to final acceptance by the city and release to the subdivider
of any certified check, cash escrow, bond or letter of credit.
[Amended by Ord. of 9-9-2002; 11-24-2008]
When any improvements are to be dedicated to and accepted by
the city for maintenance and operation by the city, the subdivider
shall be required to provide a certified check, cash escrow, irrevocable
letter of credit on certain designated funds in a reputable financial
institution or bond with surety acceptable to the city attorney in
the amount of ten percent of the total construction costs of the project
to cover the costs of any defects which may occur in such improvements
within two years after the date of acceptance by the city.