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§ 220-26. Required improvements.

A. As a condition of approval of a final plat and before any building permit can be issued on any lot or parcel of a land subdivision sold within the City of Kellogg, the subdivider shall install the following improvements at his own expense:

(1) Grade all streets, alleys and walks to specified grades and surface all streets and alleys with bitumen of a minimum five-ton design.

(2) Construct curbs, gutters and sidewalks when required.

(3) Install water mains, storm and sanitary sewers and additional drainage facilities when required.

(4) Erect street name signs.

B. Specifications for proposed improvements, including street grades, shall be according to standards and specifications recommended by the City Engineer and approved by the City Council.

C. The various improvements provided for in this section may be delayed or waived by City Council action upon good cause shown, but with regard to delayed improvements with the express undertaking by developer-secured bond or other equivalent security, approved by the City Council, to assure installations, at the developer's expense, of all hereinafter-enumerated improvements not specifically waived and which undertaking shall also precisely determine the time in which all installations shall be completed.

D. If any improvements described above are, by City Council action, not required to be installed by a developer as a prerequisite to approval of a final plat, and are accordingly delayed or waived, the City Council, in connection therewith, by resolution, shall specifically enumerate and describe the improvements to be delayed or waived, together with findings of fact deemed by the City Council to be justification for such waiver and delay.

E. Required installation of water mains and sanitary sewers may be waived by the City Council where extension of municipal water and sewer systems would be impractical at such time.

F. To cover the cost of such improvements not completed at the time of filing the final plat, the City Council may, by resolution with specific findings, for good cause shown, permit the subdivider to:

(1) Negotiate a contract secured by a cash deposit, certified check or a bond in an amount and with surety and conditions satisfactory to the City Council to assure the City that such improvements and utilities will actually be constructed and installed according to the specifications approved by the City Council, and consistent with the undertaking by the developer provided for hereinbefore.

(2) Petition the City Council to install such improvements, the entire cost to be levied and certified as a special assessment of such payments as specified by the City Council, and to agree, in writing, that between the time of such petition and the time of the certifications of the special assessment to the County Auditor, there will be no transfer of ownership of any part of the property being platted without first depositing with the City an amount sufficient to cover the estimated portion of such assessment applicable to the lot or parcel of land being transferred.