The utilities, pavements and other land improvements required and set forth in this chapter shall be designed and of such sizes and capacities 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. The developer shall be required to pay a part, but shall not be required to pay for that part of the materials or construction of the pavements of major streets, trunk sewers or water mains which is determined by the Commission, according to standards set forth in this chapter, to be in excess of the size required for the development of the subdivision and the integral neighborhood, service or drainage area. If a storm sewer in excess of 84 inches or a sanitary sewer in excess of 18 inches or a water main in excess of 12 inches is required, but each is less in size than the sewer trunk lines or water mains which are to be constructed and financed on a regional basis, the city shall construct the extra size utility and require a deposit in advance from the developer for the estimated cost of the utility his or her development requires and his or her portion of other costs which the city may assess against the benefitted property owners of the service or drainage area.
(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.
(C) Off-Site Extensions. If streets or utilities are not available at the boundary of a proposed subdivision, the Commission may require as a precedence to approval of a preliminary 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 or a city expense until some future time, the developer may be required, if he or she 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.
(2) The city may construct and pay for the extensions and assess the costs to the owners benefitted and require a deposit from the developer as described in division (A) above. The city 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) Prorating Costs. In making determinations for prorating costs for the construction of off-site extensions or extra-size improvements, the Commission and the Assessment Equalization Board shall consider, in addition to the standards set forth in this chapter and other regulations of the city, 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.
(E) Detention and Retention Basins. Whenever the City Engineer determines that it is necessary to provide for a detention or a retention basin with respect to a certain development, the following regulations shall be observed.
(1) If deemed applicable, the city may require the developer to convey to the city, by appropriate deed, the land reserved for use as a detention or retention basin with a reservation therein permitting a homeowners association, consisting of property owners of the subdivision, if properly incorporated and acting upon approval of Council, to use the area designated as a detention or retention basin for recreational purposes at all times, except those times when, because of rainfall, melting snow or otherwise, the area contains water.
(2) The developer shall grant to the city an easement from a street in the subdivision for access to such storm water detention or retention basin for cleaning, maintenance or other purpose necessary to preserve such detention or retention basin, unless no easement is necessary because such detention or retention basin is contiguous to a street or other public right-of-way.
(3) The city may require the developer to erect a six-foot high, chain link, green vinyl-clad fence around the entire perimeter of the detention or retention basin, unless the requirement of all or part of the perimeter fence is waived by Council, upon request of the owner of the subdivision, after recommendation by the Planning Commission prior to the issuance of building permits for homes in the subdivision.
(4) The city may require the developer to erect a four-foot high, chain link, green vinyl-clad fence around any control structure in excess of three feet in height if the control structure is not inside the perimeter of the six-foot fence.
(5) The city may require the developer to erect buffering if the detention or retention basin will be constructed adjacent to existing residential homes and if construction of the detention or retention basin requires the removal of existing woods, unless the requirement of all or part of the buffering is waived by Council, upon the request of the owner of the subdivision, after recommendation by the Planning Commission prior to the issuance of building permits for homes in the subdivision. If buffering is required, it shall consist of two staggered rows of five-foot high evergreen trees along the berm within the fence or, if no fence is required, within the area where the fence would be erected if so required.
(6) The developer shall comply in all respects with requirements of the City Engineer regarding construction of the detention or retention basin. Landscaping for the detention or retention basin shall be reviewed and approved by the Planning Commission.
(Ord. 16-63, passed 5-20-1963; Ord. 88-4, passed 1-4-1988; Ord. 88-66, passed 5-16-1988; Ord. 137-12, passed 9-17-2012; Ord. 12-16, passed 2-22-2016)