The utilities, pavement and other land improvements as required and set forth in this Code shall be designed, of such sizes and capacities and as required for the development of the proposed subdivision and of extra sizes and/or extensions as may be necessary to serve nearby land which is an integral part of the neighborhood service or drainage area.
(a) Extra-Size Improvements. Where extra-size improvements are required the developer, in addition to the cost of pavement and improvements necessary to serve the proposed subdivision or planned development area, may be required to pay a proportionate share of the cost of extra-size improvements to serve the proposed development and nearby land which is an integral part of the neighborhood service drainage area. Such costs for extra-size improvements shall be established pursuant to subsection (d) hereof. Where extra-size improvements are required, the Municipality may construct the extra-size utility and require a deposit in advance from the developer for the cost of the utility he is required to install plus his portion of other costs, and the Municipality may assess, against the benefitted property owners of the service or drainage area, the balance of the costs to the extent allowed by law.
(b) Extensions to Boundaries. The developer shall be required to extend the improvements to the boundary of the proposed subdivision to serve adjoining unsubdivided land. However, where the Planning Commission determines that a connecting street is necessary for the future subdividing of adjoining land, but the present construction of pavement and/or utilities therein are not warranted, the Commission may require the dedication of land, the pavement intersections constructed, utilities extended at least five feet beyond the pavement, and connections provided and made available for the future extension by other developers.
(c) Off-Site Extensions. If streets or utilities are not available at the boundary of a proposed subdivision, the Municipality may require as a condition precedent to approval of a preliminary development plan and final plat, assurances that such improvement extensions shall be provided as follows:
(1) If the Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties for a municipal expense until some future time, the developer may be required, if he wishes to proceed with the development, to obtain necessary easements or rights-of-way and construct and pay for extensions. Such improvements shall be available for connections by developers of adjoining land, or
(2) The Municipality may construct and pay for the extensions and assess the costs to the owners benefited and require a deposit from the developer as described in subsection (a) hereof. The Municipality may establish a rotary fund to pay for such development costs and not collect the assessments on the intervening land until it is developed.
(d) Proportionate Costs. In making determinations for proportionate costs for the construction of off-site extensions or extra-size improvements, the Commission and Council shall consider, in addition to the standards set forth elsewhere in this Code and other regulations of the Municipality, the following conditions:
(1) The relative location and size of the proposed subdivision;
(2) The traffic estimated to be generated by the development in relation to present streets;
(3) The natural drainage area for sewers and the service area for water;
(4) The development benefits that will accrue to the subdivision;
(5) The sequence of land and utility developments in the vicinity, and
(6) Any other condition it may find pertinent.
(Ord. 2242. Passed 7-13-81.)