HomeMy WebLinkAboutOrd. 21-016Ordinance 21-016
An Ordinance amending Chapter 51, Subdivision Regulations of the City of
Brookings pertaining to public street acceptance and drainage requirements for
purposes of administration of the Subdivision Ordinance
Be It Ordained by the Governing Body of the City of Brookings, South Dakota that the
Subdivision Regulations be amended as follows:
I .
ARTICLE IV. FINAL PLAT
That Section 51-42 of Article IV. of the Subdivision Regulations shall be amended to
read as follows:
Information required.
(p) Label for eaGh let, the miRimurn elevatioR E)f the lewest allowable building
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-64 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-64. - Street standards.
(g)(3) Buildings located adjacent to a private street or road shall be addressed in
accordance with Brookings Code of Ordinances, Chapter 74, article VI.
Numbering of Buildings.
Q) The developer shall be held responsible for the street workmanship, materials,
deterioration or any other deficiencies for a period of one year following the
completion of the work and acceptance of the street by the city. The developer shall
repair and/or replace all street deficiencies during this one-year corrective period at
no cost to the city. Any surface restoration costs incurred because of the repairing
and/or replacing of deficiencies shall be borne by the developer. The city shall have
the final approval as to whether adequate repair and restoration has been
completed by the developer. In the event the developer fails to repair or restore the
affected street in a manner acceptable to the city, the city shall have the right, after
allowing the developer a reasonable period to complete the repair and restoration,
to make such repairs and restoration, and the developer shall pay the costs incurred
by the city for such actions. The city may also apply the Warranty Security required
in Section 51-64(I) to the developer's obligation to pay the costs incurred by the city
to repair and restore the street. The developer shall remain obligated to the city for
any costs of street repair and restoration which are not covered by the Warranty
Security.
(1) The developer shall be responsible for the public street acceptance process as
follows:
(1) Retain a licensed Professional Engineer with responsibilities which will
permit the Engineer to provide a professional opinion that the construction of
the streets and associated work was constructed in general accordance with
the approved plans and specifications.
(2) Upon completion of street construction, or a segment of street construction,
and prior to the street maintenance responsibilities being transferred to the
City, the developer shall submit to the city engineer:
a. A Certificate of Completion signed by the developer's engineer stating
that in their opinion, the streets and associated work were constructed
in general accordance with the approved plans and specifications.
b. Warranty Security in the amount of Ten Percent (10%) of the
Engineer's Estimate of Construction based on the approved plans and
specifications subject to the Certificate of Completion set forth in
Section 2(a) for the duration of one (1) year, naming the City of
Brookings as the additional insured.
(3) Upon receipt of the Certificate of Completion and Warranty Security, the city
engineer shall determine acceptability of these submittals and site conditions
within 30 days of the submission of the documents.
(4) Upon review and approval of the Certificate of Completion, Warranty Security
and site conditions, the city engineer shall issue a Transfer of Street
Ownership Certificate for the specific segments of streets listed on the
Certificate of Completion which satisfy these requirements, provided:
a. The one (1) year warranty period shall begin upon the date of the
Transfer of Street Ownership.
b. The Developer is required to complete any incomplete or deficiently
performed street acceptance requirements within 180 days of Notice of
deficiency by the city engineer.
c. The city may extend the time required by this section on written
request by the Developer showing that circumstances beyond the
control of the Developer have prevented or delayed street repair or
restoration.
III.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
That Section 51-65 of Article VI. of the Subdivision Regulations shall be amended to
read as follows:
Sec. 51-65. - Land design and improvements.
(2) Lots
(k) Label for each lot, the minimum elevation of the lowest allowable building
opening as determined through the storm drainage study.
(5) Easements
(d) Drainage easements shall conform substantially to the boundaries of
watercourses, drainageways, channels and streams and shall have a minimum
width of 15 feet or as determined by the circumstances and drainage plan. No
above ground structures, fences, grade changes or impediments to drainage
that may impede the flow of water shall be placed in a drainage easement or
over any public storm sewer system without written approval from the City
Engineer.
In
Any and all ordinances in conflict herewith are hereby repealed.
First Reading:
Second Reading
Published:
April 27, 2021
May 11, 2021
May 14, 2021
CITY /BR O %Ma
Oep G. Niemey
ATTEST:
`Foster, City Clerk
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