§ 18.260. Improvements for Major Subdivisions.

(a)

Provision for Improvements. The subdivider shall have prepared by a registered engineer, a complete set of construction plans, including profiles, cross-sections, specifications and other supporting data for the required public streets. Such construction plans shall be based on data contained in the approved preliminary plat.

(b)

Required Improvements. Prior to granting approval of the final plat, the subdivider shall have installed or shall have furnished an adequate financial guarantee for the ultimate installation of the following improvements:

(1)

Streets constructed according to City standards.

(2)

Water Supply.

(A)

An extension of the City water lines to each lot within the subdivision, if a main water line has been installed on any street in a manner approximately parallel to any boundary of the property being subdivided for a distance of ten (10) feet or more. An alternate water system may be used provided it is approved by the Planning Commission. Owners of the property and successive owners are required to connect with the City system at their own expense if it runs adjacent to their property in the future as set forth in KMC 13.04.030(A) and (C). The City's costs and expenses incurred for the review of alternative systems including, but not limited to, the professional services of appropriate consultants or experts, shall be paid by the applicant.

(B)

Fire hydrants according to City standards, within the subdivision, if piped water is available.

(3)

Sanitary Sewer Systems. An extension of the City sewer lines to each lot within the subdivision, if a main sewer line has been installed on any street in a manner approximately parallel to any boundary of the property being subdivided for a distance of ten (10) feet or more. An alternate sewage system may be used provided it is approved by the Planning Commission. Owners of the property or successive owners are required to connect to the City system at their own expense if it runs adjacent to the property in the future as set forth in KMC 13.04.030(B) and (C). The City's costs and expenses incurred for the review of alternative systems including, but not limited to, the professional services of appropriate consultants or experts, shall be paid by the applicant.

(4)

Surface Drainage. A total surface drainage plan showing all drainage facilities and slopes. The subdivider shall provide drainage facilities where necessary while retaining the natural drainage pattern as much as possible. Existing surface drainage channels on the site shall be determined. No more than fifty percent of these drainage channels shall be developed. The remaining fifty percent shall remain as permanent open space. Re-grading, stripping of vegetation or filling is permitted in these areas, provided that the time of concentration of storm water flows remain unchanged or is lengthened. Natural drainage patterns shall not be altered unless a drainage plan is submitted. All development in the subdivision shall be consistent with the City of Kotzebue Master Plan, as adopted by the City Council.

(5)

Street Lights and Electrical Power Lines shall be constructed to City and KEA standards.

(6)

Snow Storage/Open Space Area(s) designated for winter snow storage and summer open space shall be dedicated to the City. The size and number of areas shall be a function of the number of lots, configuration of the lots and roadways, and subdivision location. The specific requirements shall be determined by the Planning Commission. The land required will be between 2% and 10% of the subdivision gross acreage.

(7)

United States Army Corps of Engineers wetland permits and other agency/regulatory permits shall be obtained, if applicable.

(c)

Extent of Improvements for Major Subdivision. All the required improvements shall be installed to the boundaries of the subdivision and shall be designed to provide for future expansion to and service of contiguous areas.

(d)

Guarantee of Required Improvement.

(1)

The subdivider may install the required improvements, or the subdivider may provide with the final plat an approved surety bond or certified check in an amount equal to the cost of construction of those improvements. The cost shall be an amount estimated by a registered engineer retained by the subdivider plus ten percent. Along with the bond or check, a written guarantee in a form and format acceptable to the City shall be provided specifying that the improvements will be completed by the subdivider within twenty-four months after approval of the final plat.

(2)

The City shall deposit the certified check in a bank in an interest bearing account. The City shall return the funds with accrued interest to the subdivider upon the written certification of the Planning Commission that all required improvements have been substantially completed.

(3)

If improvements are not completed, the City may complete construction of the improvements and retain the guarantee. Any amount of the guarantee in excess of the City's actual cost of construction of the improvements will be returned to the subdivider within one (1) year of the date of substantial completion of the improvements. If the City's cost of construction of the required improvements exceeds the amount of the guarantee, the Subdivider shall pay the City the City's actual costs less the amount of the original guarantee. This payment shall be made no later than thirty (30) days from the date the additional improvement costs are invoiced to the subdivider. If the subdivider does not pay the costs that are invoiced within thirty (30) days, all of the City's actual, reasonable, pre-litigation, litigation, post-litigation and appellate fees and costs incurred to collect the costs so invoiced shall be paid by the subdivider, in addition to the costs that have been invoiced.

(e)

Maintenance Agreement. The subdivider shall guarantee that the required public improvements will remain in good condition for a period of one year after the date of conditional acceptance by the City of Kotzebue and agrees to make all repairs to and maintain said improvements in good condition during the one year period at no cost to the City of Kotzebue. The subdivider may be required by the Planning Commission to include with the final plat a surety bond or certified check in an amount equal to five percent of the cost of improvements for payment of costs of any correction, reconstruction, repair or maintenance of the improvements during the one year warranty period. Any amount of the maintenance guarantee in excess of the costs of correction, construction, repair or maintenance will be returned to the subdivider.

(f)

Improvement Procedures for Major Subdivision. When the subdivider installs required improvements, the following shall be adhered to:

(1)

Work shall not begin until plans have been checked for adequacy and approved by the Planning Commission, in writing. All such plans shall be prepared in accordance with requirements of the City.

(2)

Work shall not begin until the City has been notified in advance, and if work is discontinued for 3 months for any reason, it shall not be resumed until the City is notified.

(3)

Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest.

(4)

All underground facilities, including but not limited to street lights, electrical power lines, water, sanitary sewers and storm drains, installed in streets shall be constructed as required by the KEA and the City of Kotzebue.

(5)

A map showing all public improvements as built shall be filed with the City upon completion of the improvements. All such maps shall be prepared in accordance with requirements of the City.

(6)

The City's expenses for the review of the adequacy and efficacy of the proposed improvements including, but not limited to, the professional services of appropriate consultants or experts, shall be paid for by the subdivider.