A.
Developer's agreement. Before a final plat is delivered
by the City to the subdivider, the subdivider shall pay all applicable
fees and execute and submit to the City Council a developer's agreement
which shall be binding on his, her or their heirs, personal representatives
and assigns, a part of which agreement shall set forth that the subdivider
will cause no private construction to be made on the lands within
said plat, nor shall the subdivider file or cause to be filed any
application for building permits for such construction until all improvements
required under this chapter have been made or arranged for in the
manner and conforming to the requirements as set forth herein. The
City of Breckenridge retains the option to provide the required basic
improvements of its choosing. All arrangements for basic improvements
to be provided by the City shall be coordinated with the developer
prior to final plat approval. The final plat approval shall contain
an explanation and agreement outlining responsibilities for provision
of all required basic improvements.
B.
Cash, bond or letter of credit. Prior to the delivery
of the approved final plat, the subdivider shall deposit with the
City Administrator or his/her designee an amount equal to a minimum
of 125% of the City Engineer's estimated cost of the required improvements
within the plat, either as a cash escrow, performance bond or letter
of credit to be approved by the City. The surety involved in said
financial guaranties shall be approved by the City. The cash escrow,
letter of credit or performance bond shall be conditioned upon:
[Amended 5-7-2018 by Ord.
No. 499]
(1)
The making and installing of all of the improvements
required by the terms and conditions set forth by the City within
one year.
(2)
Satisfactory completion of the work and payment therefor,
which work was undertaken by the subdivider in accordance with the
developer's agreement referred to above.
(3)
The payment by the subdivider to the City of all expenses
incurred by the City, which expenses shall include but not be limited
to expenses for engineering, fiscal, legal, construction and administration
work. In instances where a cash escrow is submitted in lieu of a letter
of credit or performance and indemnity bond, there shall be a cash
escrow agreement which shall provide that in the event the required
improvements are not completed within one year, all amounts held under
the cash escrow agreement shall be automatically turned over and delivered
to the City and applied by the City to the cost of completing the
required improvements. If the funds available within said cash escrow
agreement are not sufficient to complete the required improvements,
the necessary additional cost to the City shall be assessed against
the subdivision. Any balance remaining in the cash escrow fund after
such improvements have been made and all expenses therefor have been
paid shall be returned to the subdivider. In instances where a letter
of credit is used in lieu of a cash escrow or performance and indemnity
bond, the letter of credit shall be in a form satisfactory to the
City, and the terms thereof shall substantially comply with the procedure
as set forth for a cash escrow fund. In instances where a performance
bond is used in lieu of a cash escrow or letter of credit, the said
bond shall be in a form acceptable to the City.
C.
Engineer's report. No final plat shall be approved
by the City Council without first receiving a report signed by the
City Engineer and the City Attorney certifying that the improvements
described therein, together with the agreements and documents required
under this article, meet the requirements of the City. The City Administrator
or his/her designee shall also certify that all fees required to be
paid to the City in connection with the plat have been paid.
[Amended 5-7-2018 by Ord.
No. 499]
D.
Warranty/maintenance bond. The City of Breckenridge
shall, where appropriate, require the subdivider to submit a warranty/maintenance
bond in the amount equal to the original cost of the improvements,
which shall be in force for one year following the final acceptance
of any required improvements and shall guarantee satisfactory performance
of said improvements.
E.
As-built drawings. Reproducible as-built drawings
as required by the City Engineer shall be furnished to the City by
the subdivider of all required improvements. Such as-built drawings
shall be certified to be true and accurate by the registered engineer
responsible for the installation of the improvements.
F.
Inspections. All of the required improvements to be
installed under the provisions of this chapter shall be approved by
and subject to the inspection of the City Engineer. All of the City's
expenses incurred as the result of the required improvements shall
be paid either directly, indirectly or by reimbursement to the City
by the subdivider.
G.
Deferred assessments. In the event that any utilities
or other improvements constructed in the platted area are connected
to existing improvements or utilities, the City Council may require
that an assessment be levied against the newly platted area to the
extent that it benefits by such connection with existing improvements
and utilities. This assessment may be levied regardless of whether
or not the platted area was in the City limits of the City of Breckenridge
at the time such existing utilities or improvements were constructed.
Such an assessment shall be in addition to any assessment levied in
connection with the construction of improvements or the extension
of utilities into the platted area.
H.
Extension of utilities. Except in unusual cases where
annexation is not feasible, no City utilities or improvements will
be extended into any area which is not annexed to the City.
A.
Official monuments, as designated and adopted and
approved by the Wilkin County District Court for use as judicial monuments,
shall be set at each corner or angle on the outside boundary of the
final plat or in accordance with a plan as approved by the City Engineer,
the boundary line of the property to be fully dimensioned; all angles
of the boundary except the closing angle to be indicated; all monuments
and surveyor's irons to be indicated; each angle point of the boundary
perimeter to be so monumented.
B.
Pipes or steel rods shall be placed at each lot and
at each intersection of street center lines. All United States, state,
county or other official bench marks, monuments or triangular stations
in or adjacent to the property shall be preserved in precise position
and shall be recorded on the plat. All lot and block dimensions shall
be shown on the plat and all necessary angles pertaining to the lots
and blocks, as an aid to future surveys shall be shown on the plat.
No ditto marks will be permitted in indicating dimensions.
C.
To ensure that all irons and monuments are correctly in place following the final grading of a plat, a second monumentation shall be required. Proof of the second monumentation shall be in the form of a surveyor's certificate, and this requirement shall additionally be a condition of a certificate of occupancy as provided for in Chapter 190, Zoning, as may be amended.
A.
The full width of the right-of-way shall be graded in accordance with the provisions for construction as outlined in Article V, Design Standards.
B.
All streets shall be improved in accordance with the
standards and specifications for street construction as required by
the City Council.
C.
All streets to be surfaced shall be of an overall
width in accordance with the standards and specifications for construction
as approved by the City Council. The portion of the right-of-way outside
the area surfaced shall be sodded or riprapped by the developer if
deemed necessary.
D.
Where required, the curb and gutter shall be constructed
in accordance to the standards and specifications for street construction
as set forth and approved by the City Council.
E.
The grade and drainage requirements for each plat
shall be approved by the City Engineer at the expense of the applicant.
Every plat presented for final signature shall be accompanied by a
certificate of the City Engineer that the grade and drainage requirements
have been met. In an area not having a municipal storm sewer trunk,
the applicant shall be responsible, before platting, to provide for
a stormwater disposal plan, without damage to properties outside the
platted area, and said stormwater disposal plan shall be submitted
to the City Engineer, who shall report to the City Council on the
feasibility of the plan presented. No plat shall be approved before
on adequate stormwater disposal plan is presented and approved by
the City Engineer and City Council. The use of dry wells for the purpose
of stormwater disposal is prohibited.
F.
Trees and boulevard sodding shall be planted in conformance
with the standards and specifications as required by the City Council.
G.
Street signs of the design approved by the City Council
shall be installed at each street intersection.
H.
Driveway approaches and sidewalks of standard design
or pedestrian pathways as may be required by the City Council shall
be installed.
I.
Street lighting fixtures, as may be required by the
City Council, shall be installed.
A.
Sanitary sewers and water facilities shall be installed
in accordance with the standards and specifications as required by
the City Council and subject to the approval of the City Engineer.
B.
Where City sewer and water facilities are not available
for extension into the proposed subdivision, the Council may permit
the use of individual water and sewer systems in accordance with all
appropriate state and local regulations.
Telephone, electric and/or gas service lines
are to be placed underground in accordance with the provisions of
applicable City ordinances.
In accordance with Breckenridge City policy,
it is the subdivider's responsibility to install all required improvements,
except that the City reserves the right to elect to install all or
any part of the improvements required under the provisions of this
chapter in lieu of requiring the subdivider to install such improvements,
pursuant to Minnesota Statutes Chapter 429, as amended.
No street dedications will be accepted which
require a crossing of a railroad unless sufficient land as determined
by the City Council is dedicated to ensure a safe view.
