OFF-SITE IMPROVEMENTS

§ 156.065 PURPOSE.

   This subchapter is intended to ensure a pro rata share allocation of the costs for off-site improvements necessitated by subdivisions.

(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)

§ 156.066 DEFINITION AND PRINCIPLES.

   As a condition of final subdivision plat approval, the Planning Commission may require an applicant to pay a pro rata share of the cost of providing reasonable and necessary circulation, drainage facilities and other improvements, including land and easements, located off-site of the property limits of the subdivision but necessitated or required by the intended use. "Necessary" improvements are those clearly and substantially related to the subdivision in question. The Planning Commission shall provide in its resolution of approval the basis of the required improvements. The proportionate or pro rata amount of the cost of such off-site improvements shall be based on the following criteria.

(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)

§ 156.067 COST ALLOCATION.

   (A)   Full allocation. In cases where off-site improvements are necessitated by the proposed subdivision, and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required at his or her sole expense and as a condition of approval, to provide and install such improvements.

   (B)   Proportionate allocation.

      (1)   Where it is determined that properties outside the development will also benefit by the off-site improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

      (2)   Allocation formula:

 

Total cost of enlargement or improvement	Capacity of enlargement or improvement
=
Developer's Cost	Development generated amounts to be accommodated by the enlargement or improvement.

 

(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)

§ 156.068 ESCROW ACCOUNTS.

   Where the proposed off-site improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in a separate interest-bearing account to the credit of the city until such time as the improvement is constructed. If construction of the off-site improvement is not begun within two years of deposit, all monies and interest shall be returned to the applicant.

(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)

IMPROVEMENT GUARANTEES

§ 156.075 PURPOSE.

   Where required improvements have not been completed and certified by the applicant subdivider, improvement guarantees may be provided to ensure the proper installation of such required street, utility, and other improvements. The nature and duration of the guarantee shall be structured to achieve this goal without adding unnecessary costs to the developer.

(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 2024-012, passed 6-11-24)