§ 158.15  STREET IMPROVEMENTS AND OVERSIZING.
   (A)   (1)   When a proposed subdivision of land abuts on both sides of an existing substandard road, or on one side of the road, being substandard according to the then existing current City of Heath standard specifications, the developer shall be required to improve the existing road, including sidewalks, to bring the same to City of Heath standards, or to replace it with a standard city street at no cost to the City of Heath other than as set out in the cost sharing policy of the city in effect at the time of approval of the final plat. If the proposed subdivision is located along only one side of a substandard road, and when in the City Council’s judgment, it is not feasible to reconstruct the substandard road at the time of development of the subdivision, the City Council (Planning and Zoning Commission) may permit the developer to pay into escrow an amount equal to 115% of the developer’s share of the cost of said improvements as a condition of the approval of the final plat of the subdivision. If the proposed subdivision is located along a state road, as herein designated, which is considered substandard, the developer shall be required to escrow funds for the cost of improvements for curb and gutter, sidewalks and storm drainage on nonresidential subdivisions.
      (2)   Developers of residential subdivisions along state roads shall be required to escrow funds for 50% of the estimated cost of the required road improvements applicable to that subdivision. State roads shall include FM 740, FM 549, FM 550, FM 1140 and FM 3097. The amount of escrow shall be as determined by the City Engineer or his or her designated representative and shall be payable prior to construction of the subdivision streets and utilities. When funds have been provided and placed in escrow with the City of Heath for the development of a substandard road, the road is reconstructed by a party other than the escrowing developer and at no cost to the City of Heath, the escrowed funds and accrued interest, if any, shall be refunded to the developer after completion and acceptance of the improvements. Where in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, upon recommendation by the City Planning and Zoning Commission, the City Council may, in specific cases, at a regular meeting of the City Council, and subject to appropriate conditions and safeguards, authorize special exceptions to these regulations in order to permit reasonable changes to these regulations in order to permit reasonable development and improvement of property where the literal enforcement of these regulations would result in an unnecessary hardship.
      (3)   Notwithstanding the provisions of divisions (A)(1) and (2) above, if a proposed subdivision contains five acres or less but at least one acre and only one single-family residence is to be located on the tract, the City Council may consider a reduction in the street and drainage fee otherwise due by dividing the proposed fees by the land area in the proposed subdivision. Tracts of land greater than five acres may be considered for reduction in fees when, at the determination of the Council, the land is not suitable or subject to being further subdivided.
   (B)   All new roads within proposed subdivisions shall, at a minimum be built to a width and design which will adequately serve that subdivision. In addition, when required by the city in the interest of the community, the developer may be required to build larger streets to the width shown on the Thoroughfare Plan. If more than 48 feet (back of curb to back of curb) is constructed the city will reimburse the developer for the excess width when funds become available, unless the additional width was required by the City Engineer or traffic planner to adequately serve the needs of that subdivision. Streets which dead-end at power lines, railroads or similar right-of-way, shall be constructed in right-of-way for half the distance across the rights-of-way. Where streets are adjacent to undeveloped land and the property line is normally the centerline of the street, the developer shall provide right-of-way of sufficient width and shall construct paving a minimum width of 31-street width feet, if deemed necessary by the City Engineer or traffic planner. If the city in the interest of the community, requires the subdivider to construct more than 31-street width feet, the city will reimburse the cost of the excess width to the developer who installed the paving, at the actual cost of construction, with no reimbursement for additional right-of-way which required to construct the additional paving in excess of 31-street width feet as funds are available. No reimbursement will be made, however, when the City Engineer or traffic planner determines that the excess width is required to serve that subdivision. When, in the City Council’s judgment, it is not feasible to construct the street and/or railroad crossing at the time of the development of the subdivision, escrow for the development of the subdivision, escrow for the developer’s portion of the cost may be provided in accordance with this section. In the event the street and/or railroad crossing has been constructed or is being constructed by others, the developer shall pay his or her pro-rata share of the improvements. Escrow or pro-rata shall be payable prior to construction of streets and utilities.
   (C)   When reimbursing the developer for oversize development costs, the City of Heath shall pay for a maximum engineering fee of 6% of the construction reimbursement.
   (D)   If the improvements of the road or street do not occur within 20 years from the date the money is so placed on deposit with the city, the money, including any earned interest thereon, shall be returned to the property owner of record at that time.
   (E)   Should the city establish an assessment program for street improvements on any road within the city, any funds already placed in escrow for road improvements to the street as required by this section shall be credited toward the property owner of record at the time of assessment.
(2005 Code, § 13-1-15)  (Ord. 030320B, passed - -; Ord. passed 4-21-2005; Ord. 140513C, passed 5-13-2014)