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(A) Dependent upon the circumstances of a particular subdivision where access is not deemed adequate by the City Council, the Council may require the developer to provide and construct off-site access roadways which conform to the street layout standards as provided for in § 158.06 above. If the access is provided, the developer and city shall enter into a facilities agreement prior to final plat approval, for the construction of the access roadway. The agreement shall contain engineering cost estimates, the number of square feet in the proposed roadway, any pro rata scheduled plus any other matter deemed appropriate by the parties.
(B) For any subsequent subdivision utilizing such facilities, a facilities agreement shall be required between the city and any subsequent developer. Any costs due prior developers as determined by the city’s engineer, consistent with the city’s policies on thoroughfare improvements shall be prorated as the use by the new subdivision bears to the amount due. The prorated amounts will be made a part of any subsequent facilities agreement, collected by the city, and repaid to the original developer making the improvements. All the reimbursements or prorations shall be based on the actual cost of the improvements at the time of their construction. The original developer shall provide the city with the acceptable documentation of actual construction cost from which calculation of reimbursable amounts will be made for inclusion in the facilities agreement.
(2005 Code, § 13-1-16) (Ord. passed 4-21-2005)