A. Completion of Public Improvements Prior to Final Plat Approval and Recordation.
1. Completion of all required Public Improvements, in accordance with the approved Preliminary Plat and the approved Construction Plans, shall occur prior to Final Plat approval and recordation.
2. A Final Plat shall not be accepted for filing, nor shall it be considered for approval, prior to completion of such improvements except as provided in B below.
B. Completion of Public Improvements after Final Plat Approval and Recordation.
1. The City Engineer, upon written request by the Applicant, may allow construction of Public Improvements after Final Plat approval and recordation.
2. Postponement of Public Improvements shall be conditioned on execution of an Improvement Agreement and provision of security, in accordance with 3.04.05. Improvement Agreements and Security for Completion.
3. It shall be at the City Engineer's discretion to determine whether postponing construction of Public Improvements until after Final Plat approval and recordation is appropriate, and therefore, whether financial guarantee is acceptable through an Improvement Agreement.
4. All construction of the required Public Improvements shall be completed within two (2) years of construction release, an extension may be granted by the City Council for up to one (1) year.
C. Deferral of Obligation. The City Engineer may defer the Developer's obligation to construct, Public Improvements to serve a new development upon execution of an Improvement Agreement and upon provision of adequate security (see
3.04.05: Improvement Agreements and Security for Completion).
D. Phased Development. If the development is being platted and constructed in phases, improvements shall be completed as platted areas are approved and phases are constructed.
E. Easements for Utility Providers.
1. The Applicant is responsible for contacting all utility providers prior to beginning construction, and for securing all necessary easements for same prior to Final Plat approval and recordation.
2. The Applicant's engineer shall provide the City Engineer with written certification that all necessary easements are secured for the various utility providers, and such easements shall be shown on the Final Plat or separate instrument easement.
F. Off-Site Easements.
1. All necessary off-site easements required for installation of required off-site Public Improvements to serve the development shall be acquired by the Applicant prior to the Pre-Construction Meeting (see
3.04.02: Pre-Construction Meeting), or prior to approval and recordation of the Final Plat, whichever occurs first.
2. Off-site easements shall be conveyed and recorded at the County by an instrument approved by the City.
3. If the property on which the off-site easement is required has been platted, a separate instrument shall be required to dedicate the easement.
4. The Applicant shall be responsible for the acquisition of all required off-site easements. If the Applicant is unable to acquire the necessary off-site easements, the Applicant may request assistance from the City. The Applicant shall provide the City with easement or Right-of-Way survey documents and exhibits, documentation, including evidence of a reasonable offer made to the affected property owner. Upon receiving a written request for assistance, the City may, at its option, acquire these easements either through negations, or in appropriate situations through eminent domain proceedings.
5. The Applicant shall reimburse the City for the costs of acquiring the necessary easements including but not limited to attorney's fees and costs.
