5-101.       Prior to and as a condition of final plat approval, the subdivider shall enter into a legal agreement with the Governing Body and agree to install or otherwise provide for certain improvements within the proposed subdivision in conformance with the adopted “City Improvement Policy Manual” of the City of Abilene. Such improvements to be installed by the subdivider shall comply with the standards and specifications of City of Abilene and shall be subject to any applicable surety requirements to guarantee their proper installation.

5-102.       Construction and materials for construction of roads, road beds, curbs, gutters, sidewalks grades, drains, and shoulders where applicable, shall be acceptable to the Governing Body, for public dedication and acceptance for such purposes by the Governing Body regardless of whether or not such improvements are dedicated or accepted for dedication.

5-201.       Subdivision Improvements: A method for financing proposed improvements and 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 Lot Splits or for developments 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 fur 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, or those which are inconsistent with the Comprehensive Plan.

b.     Surety Bonds: The subdivider 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 subdivider and shall be verified by the City Engineer. The subdivider 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 Abilene 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.

5-202.       Defaulting: The Governing Body may, upon advice of the City Engineer, find that the subdivider is in default of the Subdivision Improvements Agreement. Such finding shall occur at a regularly scheduled meeting of the Governing Body. Two weeks prior to such scheduling meeting, the subdivider shall be notified by registered mail of possible default proceedings. At the meeting the subdivider 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.

5-203.       Default Proceedings: The Governing Body may find the subdivider 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 subdivider, property owners, or both, the construction costs of the improvements that exceed the amount provided by the subdivider. This may take 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.

5-204.       Guarantee Release: When all improvements have been completed and have been inspected, approved and accepted, the City shall authorize the release of the guarantee.

5-205.       Performance Bond: As a guarantee that all public improvements, especially street improvements, have been done in a satisfactory manner, the subdivider shall provide a performance bond to the City for all subdivisions in the unincorporated portion of the City subject to these Regulations. Said performance bond shall be for a period of two years. The time period shall begin upon final acceptance of all improvements within the subdivision. Said final acceptance shall be made by the City Engineer. The performance bond shall be in the amount acceptable to the City Engineer and shall be in a form acceptable to the Governing Body, based upon advice from the City Attorney.

5-301.       Final Improvement Plans: Upon the approval of the preliminary plat, the subdivider shall have prepared by a licensed professional engineer, engineering drawings for proposed required improvements containing the data and information specified in Section 5-302. Such drawings shall be certified by a licensed professional engineer, and shall be submitted in duplicate to the City Engineer at least 30 days prior to the date that approval of the final plat is requested. Failure to do so will be considered automatic consent, by the subdivider, to a waiver or an extension of waiver of any time limitation for plat approval.

5-302        Content of Engineering Drawings: Engineering drawings for required improvements shall contain the following data and information:

1.     Plans, profiles, details, specifications and cost estimates for roadway and sidewalk construction, including plans and profiles for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one inch equals 20 feet horizontal, and one inch equals 5 feet vertical. This information shall be shown on standard plan and profile sheets unless otherwise required by the City Engineer.

2.     Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements.

3.     Plans, profiles, details, specifications and cost estimates of proposed water distribution systems and proposed water supply facilities and water hydrants, if any.

4.     Plans, profiles, details, specifications and cost estimates of sewerage systems and of any required sewage treatment facilities.

5.     Plans, profiles, details, specifications and cost estimates of other utilities that are required in these regulations.

6.     Grading plans for all lots and other sites in the subdivision.

7.     When unusual site conditions exist, the City Engineer may require such additional plans, specifications and drawings as may be necessary for an adequate review of the improvements to be installed.

8.     All plans shall be based on N.G.S. datum for vertical control.

5-303.       Review of Plans: The City Engineer shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with city design standards. If such drawings are consistent and in compliance, the Engineer shall forward to the Planning Commission a notice that such drawings do so conform or comply. The Engineer shall notify the subdivider of the specific manner in which such drawings do not so conform or comply; the subdivider may then correct such drawings. If such drawings are not corrected, the Engineer shall forward to the Planning Commission a notice as to the items of nonconformity or noncompliance.

5-304.       Approval by Planning Commission: The Planning Commission shall approve a final plat only when the approval of the City Engineer and notice therefrom has been received indicating that the plans and engineering drawings have been approved or that the appropriate petitions, if authorized, have been filed with the City Engineer.

5-305.       Construction of Improvements: No improvements shall be constructed nor shall any work preliminary thereto be done until such time as a final plat and the engineering drawings accompanying it shall have been approved as set forth in Sections 5-303 and 5-304 and there shall have been compliance with all of the requirements relating to an agreement, bond or deposit specified in these regulations. Construction of improvement shall commence within 12 months of date of approval of the final plat by the Planning Commission.

5-306.       Construction Inspection: The Subdivider shall provide construction inspection services by an engineering firm approved by the City Engineer: All phases of construction, including roadway, street, sidewalk, storm drainage and all underground utilities, shall be inspected. Material certifications, required test results and daily logs shall be provided to the City Engineer on a daily basis. Reproducible “As Built” drawings shall be furnished to the City at the completion of the project. Before final acceptance of the project by the City, the subdivider shall certify, in writing, that all construction was accomplished in accordance with the approved plans and specifications. All improvements constructed are subject to final approval by the City Engineer.

5-401.       Applicability: The subdivider shall provide for the improvement of all new streets within the subdivision. All public street construction shall conform to the standards and specifications of the City.

5-402.       Street Signs: Street signs shall be placed at those locations within the area to be subdivided as determined by the City Engineer.

5-403.       Subdivision Entrance Structures: Where one or more entrance or street structures, such as monuments, pillars, fences, walls, statuary or other decorative features are to be installed in a permanent fashion, the location, size and design shall be included on the street plans submitted to the City Engineer for approval. This submission shall also include a copy of the by-laws or other documentation of the Association which will have permanent responsibility for maintenance. Such by-laws or other documentation shall contain language which will, in the opinion of the City Attorney, assure proper maintenance by such associations.

5-404.       Street Lighting: Street lighting shall be placed at those locations within the area to be subdivided as determined by the City Engineer. Street lighting shall comply with the standards adopted by the City.

5-501.       Applicability: The type of water supply and sanitary sewer utilized to serve the subdivision shall be subject to the requirements of the City Engineer and the Kansas Department of Health and Environment.

5-502.       Water: Before approval of a final plat, the subdivider shall present evidence as to the adequacy and potability of water available for domestic and fire protection use in the subdivision.

5-503.       Septic Tanks: Septic tanks may be permitted on lots of 2.5 acres or more provided the requirements of the City Engineer are met. Where septic tanks are allowed, they must be approved by the City Engineer and a septic tank permit issued by the same. No final plat shall be approved until evidence is presented to the Planning Commission by the Zoning Administrator that septic tank installation is feasible on each proposed lot in a subdivision.

5-601.       Installation of Utility Lines: The subdivider shall be responsible for making the necessary arrangements with the appropriate utility companies for the installation of utility lines and appurtenances. A letter from the utility company, confirming that such installation has been completed, shall be submitted to the Zoning Administrator prior to the issuance of building permits within the subdivision.

5-602.       Buried Power and Communication Lines: Electrical power, telephone, telegraph, and cable television lines shall be buried where:

1.     The subdivision is approved after date of passage of these regulations. New service must be provided. It shall not be interpreted that existing overhead systems will be required to be removed, replaced or duplicated. Except that the developer may request a waiver concerning the required underground installation. Such request for waiver shall be accompanied with a report from the responsible utility stating per lot cost differential between buried and overhead installations. The Planning Commission shall review the request and make its recommendation to the Governing Body.

5-701.       Installation of Improvements: The subdivider shall install culverts, storm sewers, rip­ rap slopes, stabilized ditches and other improvements to adequately handle stormwater. All shall comply with the Design Criteria for Storm Drainage Systems adopted by the Governing Body and shall be approved by the City Engineer prior to construction.

5-801.       Sidewalks may be required, as herein provided, upon the recommendation of the Planning Commission and the approval of the Governing Body. When required, the subdivider shall install sidewalks on at least one side of the street(s). All sidewalks shall conform to the standards and specifications adopted by the Governing Body. Sidewalks shall be located in the platted street right-of-way, abutting the property line.

5-901.       Permanent Monuments: Permanent monuments shall be placed at all block corners, angle points, points of curve in streets, on right-of-way boundaries and at intermediate points as required by the City Engineer prior to the final acceptance of the plat by the Governing Body. Said permanent monuments shall be 3/4-inch iron bars, three feet long and shall be set with the top of the monument flush with existing ground lines.

5-1001.      Dedication or Reservation of Public Sites and Open Spaces: In subdividing an existing plat, due consideration should be given by the subdivider to the dedication or reservation of suitable sites for schools, parks, playgrounds, or other public recreational areas or open spaces. As an alternative to such dedication or reservation, the Planning Commission may provide for the payment of a fee in lieu of dedication of land. Any areas so dedicated or reserved shall conform as nearly as possible to the recommendation of the Planning Commission in its comprehensive plan and to the recommendations of the Board of Education. All areas to be reserved for, or dedicated to, public use shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency. A written statement from the Board of Education shall be submitted by the subdivider indicating whether or not a school site in the proposed subdivision is desired.

5-1101.      Exceptions for Existing Improvements:

(1)   Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements of this section and are in good condition as determined by the City Engineer, no further provision need be made by the subdividers to duplicate such improvements. However, where such existing improvements do not meet said requirements, the subdivider shall provide for the repair, correction, or replacement of such improvements so that all final improvements will then meet said requirements.

(2)   Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of 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 these regulations and Planning Commission policy, and the subdivider of such proposed subdivision shall provide an additional roadway pavement meeting the minimum standards set by these regulations and the City Engineer. The Engineer shall determine what adjustment to make where the aforesaid widening merge with existing streets which are of smaller width at the boundary of such proposed subdivision. The Engineer may reduce the minimum roadway required by these regulations to match an existing roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision and the roadway in the subdivision to be reduced is two blocks or less in length. The City Engineer may also require lanes to be painted on such widened streets designating driving and parking areas. The foregoing provisions requiring the widening of pavement may be waived by the Planning Commission when the length of such pavement is less than one block.