§ 156.089  MISCELLANEOUS.
   (A)   Developer harmless for impact of later development on subject infrastructure.  A developer shall not be responsible for any later required upgrades to infrastructure, when the upgrade requirement is caused by other city approved development which accesses said infrastructure.
   (B)   Intensive use or development.  Due to the speculative nature of a development, the designed capacity of the infrastructure installed may not be adequate for a later use that is more intense than originally designed. When an intense use or development is proposed that will exceed the designed capacity of the infrastructure, as determined by the City Engineer, the new use developer shall be responsible for any required upgrading cost.
   (C)   All public infrastructure to be dedicated to the city.  Unless otherwise presented to the Planning Commission and approved by the City Council all infrastructure, including streets, sidewalks, water mains and lines, sanitary sewer mains and lines, and storm water drains shall be dedicated to the city. Additionally, all infrastructure easements shall be dedicated to the city.
   (D)   Undedicated infrastructure.  When a lack of evidence exists as to whether the infrastructure in a development has been dedicated to the city and such infrastructure is serving a public capacity, it shall be presumed that such infrastructure belongs to the city.
(Ord. 1586, passed 1-8-08)