Prior to and as a condition of approval of any final plat by the Governing Body, the developer shall agree to install or provide for the installation of certain improvements within the proposed subdivision. Such improvements installed by the developer shall comply with the standards and specifications of the City, utility company or public agency having jurisdiction and shall be subject to any applicable surety requirements to guarantee their proper installation.

Every developer shall install, or through the appropriate public agency and/or utility company provide for the installation of the following improvements in accordance with the conditions and specifications required herein:

1.    Water Supply and Sewage Disposal:

a.    Water Supply:

(1)   Where an approved public water supply is accessible or procurable, the developer make the water supply available for each lot within the subdivided area in accordance with the City specifications.

(2)   The developer shall also install fire hydrants in accordance with the City requirements.

b.    Sanitary Sewer System:

(1)   Where the sanitary sewer system of the City is reasonably accessible, and the subdivision is within the city limits of the City of Girard, each lot within the subdivided area shall be provided with a connection thereto. All connections shall be subject to the approval of the City, and any subdivided area not within the city limits shall not connect its sewers with the sanitary sewer system of the City without express permission of the Governing Body.

(2)   In subdivisions beyond the city limits, in which the lots are less than one (1) acre in area, and where plans for the installation of sanitary sewers in the vicinity of a subdivision have been prepared by the City Engineer, the developer may be required to install sanitary sewers in conformity with such plans. In such cases, until a connection can be made with the public sanitary sewer system, the use of a central sewage treatment system will be permitted, provided such treatment system is approved by the City Engineer. Where the installation of sanitary sewers is not required, and where the lots are more than one (1) acre in area, the developer may install individual disposal devices for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be subject to the approval of the City Engineer.

(3)   All sanitary sewer plans and profiles shall be subject to the approval of the Kansas State Board of Health.

2.    Provision for Storm Drainage: The developer shall make adequate provision for the control and discharge of storm water from the platted area and in doing so shall give consideration to the alternatives and principles of storm water management. When necessary, the construction of storm sewers shall be properly integrated with any existing storm sewer system and shall provide for the anticipated extension of said system to serve additional areas. The storm drainage plan and subsequent installation of culverts, storm sewers, stabilization ditches, storm water detention or retention ponds and other improvements shall follow accepted engineering standards and principles of design and construction. All storm drainage plans shall be prepared by a registered engineer of the State of Kansas and shall bear the seal of said registered engineer and must receive approval of the City Engineer.

3.    Provisions for Streets: The developer shall provide for the improvement of all new streets with”1n the platted area. Such street improvements should adequately reflect the classification of the particular street, its location and anticipated volume of traffic. All grades, drainage facilities and surfacing requirements shall be constructed according to the standards and specifications of the City. Said construction standards are on file and available in the office of the City. All street plans and specifications shall be approved by the City Engineer and final acceptance of the construction of said streets shall be made by the City Engineer.

4.    Inspections: All construction and installation shall be inspected by the City. The developer shall pay for inspection personnel furnished by the City, under the supervision of the City Engineer, on all improvements constructed by the developer as contractor or subcontractor. A schedule of fees shall be prepared by the City.

5.    Installation of Utility Lines & Appurtenances:  The developer shall be responsible for making the necessary arrangements with the appropriate utility companies for the installation of utility lines and appurtenances. The installation of such utilities shall be done in such a manner as to not interfere with other underground utilities and their installation shall be coordinated through the City. Underground utility lines which cross underneath the right-of-way of a street shall be installed prior to the improvement of any such street in order to reduce the damage caused by street cuts. Incidental appurtenances, such as transformer enclosures and meter cabinets, shall be located so as not to be hazardous to the public and shall be approved by the City.

6.    Installation of Monuments: The developer shall install monuments within the area to be subdivided. Such monuments shall be of the size and type and placed as required by the City.

7.    Exceptions: All improvement requirements as set out within this Article shall be provided for in all subdivisions with the following exceptions:

a.    Upon specific request from the developer and concurrence of the Governing Body, certain improvements may be waived. Such waiver may include, but not be limited to, instances where the proposed subdivision is a replat and/or concerns an area presently having any or all the required improvements as set out in Section 5-102 and where such improvements comply with the requirements of said Section and are in acceptable condition as determined by the City Engineer.

b.    The Governing Body may make other reasonable requirements for dedications or installations of public improvements or facilities deemed necessary to meet the public needs caused by the new subdivision. Such additional requirements may include, but not be limited to, the provision of park or open space land as is warranted by the reasonably foreseeable future population and use of the area as a result of the proposed subdivision.

1.    Subdivision Improvements: A method for financing proposed improvements and a breakdown of anticipated costs shall be submitted with the Final Plat. This shall be accomplished by filing a Subdivision Improvements Agreement or a Benefit District Petition, and shall be required for all subdivisions of land except for Tract or Lot Splits which require no improvements. The Governing Body shall have sole responsibility to accept or reject the Subdivision Improvement Agreement or Benefit District Petition. Financing methods may include, but are not limited to, the following guarantees.

a.    Petition for Establishment of a Benefit District: The percentage split of costs shall be based on the policy established by the Governing Body. The City may decide not to participate in Benefit Districts that do not comply with the Capital Improvements Program, those that are located contiguous to existing City limits, or those which are inconsistent with the Comprehensive Plan.

b.    Surety Bonds: The developer shall provide the City Engineer with all calculations and information needed to check the cost estimates of said improvements. This cost shall be estimated by the developer and shall be verified by the City Engineer. The developer shall then be required to obtain a security bond from a surety bonding company authorized to do business in the State of Kansas. The bond shall be made payable to the City of Girard and shall be a percentage of the total improvements costs as recommended by the City Engineer or such other financial assurance accepted by the Governing Body. The duration of the bond shall be until such time as the improvements are completed, inspected and accepted by the City.

c.    Alternatives: Other financing methods may include cash or collateral, Escrow Accounts. Property Escrow Accounts. or any other guarantee the Governing Body shall deem acceptable.

2.    Defaulting: The Governing Body may, upon advice of the City Engineer, find that the developer is in default of the Subdivision Improvements Agreement. Such finding shall occur at a regularly scheduled meeting of the Governing Body. Two (2) weeks prior to such scheduled meeting, the developer shall be notified by registered mail of possible default proceedings. At the meeting the developer shall be given the opportunity to rebut findings of default.

Defaulting results from:

a.    Improper construction standards and specifications.

b.    Failure to install agreed upon improvements.

c.    Construction of improvements not according to agreed upon time schedule, allowing for unexpected or unavoidable delays.

d.    Other financial and/or contractual conditions which might lead to the developer being unable to complete the agreed upon improvements.

3.    Default Proceedings: The Governing Body may find the developer not in default, extend the time limit, or:

a.    Should the Governing Body find the Subdivision Improvements Agreement to have been violated, it may liquidate the improvements guarantee. in whatever form it takes. and apply the proceeds of this guarantee to the construction of the improvements set out in the Subdivision Improvements Agreement.

b.    Should the proceeds of the guarantee not be sufficient to cover the costs of said improvements. the Governing Body may assess to the developer, property owners. or both, the construction costs of the improvements that exceed the amount provided by the developer. This may take the form of a lien against the property covered in the Subdivision Improvements Agreement.

c.    Should the proceeds of the guarantee exceed the actual cost of the improvements. and any cost incurred in the default procedures. the City shall return the unexpended balance to the individual named on the Subdivision Improvements Agreement as the one having secured the guarantee.

4.    Guarantee Release: When all improvements have been completed and have been inspected, approved and accepted, the City shall authorize the release of the guarantee.

1.    Adequate Public Facilities: Prior to approval of the Preliminary Plat. the Planning Commission shall find that sufficient public facilities and services are either available, shall be available within a reasonable time as programmed in the Capital Improvements Program. or shall be provided by the developer in accordance with the requirements of this Ordinance to adequately service the type of subdivision and development being proposed.

2.    Subdivision Improvements: When the construction or installation of street improvements. sidewalk improvements. public water supply, sanitary sewer systems. storm sewer systems or other drainage improvements. or other facilities is required to serve the proposed development within a subdivision. a prerequisite for the consideration of the Final Plat shall be the submission of a Benefit District Petition or a Subdivision Improvements Agreement specifically setting forth the extent. time schedule, and method of financing such construction or installation as proposed by the owner or developer. The Benefit District Petition or the Subdivision Improvements Agreement shall contain sufficient information to make a determination that the proposed construction or installation shall meet or exceed the standards set forth in the Subdivision Regulations herein. A phased construction time schedule may be recommended by the Planning Commission, subject to Governing Body approval, which is based on the owner’s or developer’s estimate of the pace at which development will proceed within the subdivision.

3.    On-Site Systems: When on-site sewerage and/or water systems are proposed to be used in a County subdivision, a prerequisite for the approval of a Final Plat shall be a plan of such systems bearing the signed approval by the Director of the County Health Department. The approved plan for the on-site system shall be presented to the City along with the submission of the Final Plat.

4.    Central Systems: When a central sewerage and/or water system is proposed for immediate or future use to serve all units within a County subdivision, a prerequisite for the approval of a Final Plat shall be an engineering report and a plant approved by the Director of the County Health Department. Such approved plan shall be presented to the City along with the submission of the Final Plat. In addition to the preparation and approval of such plans, the owner may file a formal written application with the County Commissioners for establishment of a County Sanitary Sewer and/or Water District to serve the subdivision. Such application, or “petition”, shall be presented to the County Commissioners prior to the submission of the Final Plat to the City. A preliminary plan for the development and maintenance of such sewerage and/or water systems by either the owner or a Benefit District shall be prepared by the owner and presented to the City along with the Preliminary Plat.

5.    Final Approval: Any approval required under this section does not obligate the Planning Commission to approve the proposed plat if the Planning Commission finds the overall development to be inconsistent with any established policies and plans.

1.    Financial Obligations: Whenever any existing improvements and/or utilities are required to be relocated or upgraded due to the subdivision or construction of improvements required as a condition for approval of the subdivision plat, and in the event such was not known at the time of initial construction, the costs of such relocation or upgrading shall be the sole responsibility of the new subdivision. Franchise agreements between the City and private utilities in effect at the time of construction, may dictate the responsibility for absorbing costs associated with relocating or repairing utility lines. Responsibility may also depend on whether the relocation or repair is a private or public benefit.

2.    Duplication of Improvements: Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as set out above, and where such improvements meet the requirements of this Ordinance and are in good condition as determined by the City Engineer, no further provision need be made by the developer to duplicate such improvements. The developer shall provide for the repair, correction or replacement of improvements so that all improvements will then meet the said requirements.

3.    Street Widening or Reduction: Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street or less than the minimum required right-of-way width or roadway width, land shall be dedicated so as to provide a minimum street right-of-way width established by this Ordinance and/or City policy. The developer of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by this Ordinance and the City Engineer. The City Engineer shall determine what adjustment to make where the widenings merge with existing streets which are of smaller width at the boundary of such proposed subdivision. The City Engineer may approve reduction of the minimum roadway width, as required by this Ordinance, to match an existing roadway system where physical consideration warrants such action.

No improvements may be accepted until the City Engineer has inspected said improvements and certified that they meet the applicable standards.

No building permits may be granted until the proposed subdivision plat has been approved and recorded.

The Planning Commission may, upon advice and findings, require the developer to submit a Subdivision Improvements Agreement or a Benefit District Petition, in accordance with the provisions of this Article, for the installation or upgrading of off-site improvements if such need is substantially created by a proposed subdivision. Off-site improvements should be within dedicated easements or rights-of-way and serve a public purpose. The financing of such improvements shall be handled as if they were on-site improvements. The Governing Body may require such subdivision to participate in the following facilities and improvements, or any other off-site improvements as recommended by the Planning Commission, if the need is created by a proposed subdivision:

1.    Special grading requirements;

2.    Street improvements;

3.    Drainage improvements;

4.    Traffic control devices; or,

5.    Landscaping.