A. Support for New Development.
1. New development must be supported by adequate levels of transportation services, as required and defined in this Subchapter and as limited by Section 12-4-6, Mitigation Limitations and Exemptions.
2. It is necessary and desirable to provide the dedication of rights-of-way and easements for capital improvements, as limited by Section 12-4-6, Mitigation Limitations and Exemptions, to support new development at the earliest stage of the development process.
B. Essential Nexus. There is an essential nexus between the demand on public facility systems generated by a new development and the requirement to dedicate rights-of-way and easements and to construct capital improvements to offset such impacts.
C. Developer Obligations, Dedication, and Construction of Improvements. The subdivider or developer shall dedicate all rights-of-way and easements necessary for public streets, sidewalks, and, where applicable, trails, to adequately serve a proposed development, consistent with the major street and highway plan, any regional transportation plans, and City Engineering Design Criteria, as limited by Section 12-4-6, Mitigation Limitations and Exemptions.
D. Timing of Dedication and Construction.
1. Initial Provision for Dedication or Construction.
a. The City shall require the submittal of a preliminary Traffic Impact Analysis (TIA) demonstrating that a proposed development can be adequately served by existing public facilities and services at the time for approval of the first development application that portrays a specific plan of development, or if off-site improvements, such as, but not limited to, a traffic signal or turn lane, will be required to adequately serve the development at an acceptable Level of Service.
b. As a condition of approval, the City may require the dedication of rights-of-way or easements and the construction of on- or off-site capital improvements to serve the proposed development, consistent with the major street and highway plan, regional transportation plans, or the TIA recommendations.
2. Deferral of Obligations.
a. The obligations to dedicate rights-of-way or to construct improvements to serve a new development may be deferred until approval of a subsequent phase of development or development on the opposite side of a right- of-way, at the sole discretion of the City, upon written request of the subdivider or developer, or at the City’s initiative.
b. As a condition of deferring the transportation obligations, the City may require that the subdivider or developer enter into a Privately Financed Public Improvements (PFPI) agreement in a form acceptable to the City Attorney.
c. The City Council reserves the right to specify the timing and sequencing or any other aspect of the deferred improvement, as a condition of the deferral of obligation.
E. Relief from Obligations for Substandard Boundary Streets.
1. In order to achieve proportionality between the demands created by a proposed development on existing transportation facilities and the obligation of the developer to provide adequate transportation facilities, as limited by Section 12-4-6, Mitigation Limitations and Exemptions, the City Council may elect to have the City participate in the cost of improving an existing substandard street.
2. At the discretion of City Council, the City may agree to relieve the developer of some portion of the obligations of improving the substandard boundary street in response to a petition for relief from a dedication or construction requirement by the subdivider or developer, as set out in Section 12-4-3, Street Improvements Required.
3. Consideration for relief from the obligations of the subdivider or developer shall be assessed by the City in accordance with Section 12-4-6, Mitigation Limitations and Exemptions.
F. Reimbursement Agreement. If public street improvements are designed and constructed by the initial subdivider or developer in accordance with the City Engineering Design Criteria, major street and highway plan or a regional transportation plan, the subdivider or developer may be eligible for reimbursement by adjoining property owners connecting to the public street improvements based on the ratio of the connector’s linear front footage to the total linear footage of the public street improvements.
1. If the connecting property fronts on or is contiguous on only one side of the public street, the connecting property owner may be responsible for up to a 50 percent reimbursement of the construction cost for that frontage; or
2. If the connecting property fronts on or is contiguous on both sides of the public street, the connecting property owner may be responsible for up to a 100 percent reimbursement of the construction cost for that frontage.
In order to be eligible for reimbursement for transportation improvements, subdividers or developers must execute a Reimbursement Agreement in a form that is acceptable to the City Attorney and approved by the City Council.
G. Development and Public Improvement Agreements. The City Council, at its discretion, may approve a Privately Financed Public Improvements (PFPI) agreement or other form of agreement to share in the expense of essential public transportation improvements when the future needs of the public exceed the fair share requirements to provide public improvements to a specific development. (Ord. 747, 11-14-2017)