[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.
[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.
[Added 3-24-2008]
(a) 
A proposed subdivision or development shall be so designed as to have no appreciable detrimental effect upon the functioning of the existing system of water, sewerage and drainage facilities and improvements in the area. A subdivider shall provide all those improvements necessary to ensure that the water, sewerage and drainage demands created by the subdivision or development are properly serviced.
(b) 
Where the city has established a water and sewer improvement plan and/or a drainage improvement plan for an area having related and common water and sewer and/or drainage conditions, and water and sewer or drainage before improvements are constructed to serve the demands generated by subdivisions and developments within that area, each subdivider whose project will be served by such improvements may be required as a condition of subdivision or development approval to pay its pro rata share of the cost of providing such improvement. Such share shall be based upon the impact which a subdivision or development has upon the rate of flow of water, sewerage or drainage through such improvements, with such impact expressed as a percentage of the total rate of flow such improvements are intended to serve. That percentage shall then be applied to the total cost of designing and installing such improvements to determine the value of the pro rata share required.
(c) 
Once an improvement plan has been established for an area through the adoption of the City of Franklin Master Water and Sewer Plan, approval of all subdivisions and developments within the area shall be subject to the compatibility of the subdivisions or developments with such plan, including construction and utilization of water, sewer and drainage improvements by such subdivisions or developments in accordance with the terms of the plan.
(d) 
Where a subdivider constructs such improvements designed to service other subdivisions or developments as provided for in an established water, sewer or drainage improvement plan and the cost of constructing such improvements exceeds the value of the subdivider's pro rata obligations as determined by the city pursuant to this section, any subsequent subdivider utilizing such improvements, in accordance with such plan shall reimburse the subdivider constructing such improvements for the cost of such construction in accordance with the degree to which such subdivider utilizes such improvements as determined by the city in accordance with the Pro Rata Policy and Procedure.