§ 153.091 IMPROVEMENTS.
   The following improvements shall be constructed as provided for in this section. Programming of improvements shall be approved by the City Engineer.
   (A)   Improvements to meet city specifications. The city will construct, furnish, and install the following improvements according to city specification.
      (1)   Street lighting. Street lighting shall be constructed by the city, preferably after curb and gutter have been installed. If additional or other type of lighting is desired by the developer, he or she shall pay the increased cost thereof.
      (2)   Signs. Street name signs and traffic control signs shall be installed by the city.
   (B)   Obligation of developer. The developer shall pay the proportionate amount of the following improvements on or for his or her subdivision or development. Financing shall be according to § 153.090.
      (1)   Site grading. Necessary site grading shall be accomplished by the subdivider.
      (2)   Street grading. Streets shall be graded for the total width of the right-of-way and to the elevations as established by the City Engineer. A minimum of four inches of granular base material shall be applied to a width of 40 feet. More base material should be applied if required to stabilize the roadbed.
      (3)   Street improvements.
         (a)   Street improvements consisting of base material; curb and gutter storm water inlets and leads; and paving shall be constructed in accordance with plans as prepared by, and under the supervision of the City Engineer.
         (b)   Temporary construction may, at the discretion of the City Engineer, be required, for just cause, on any street, streets, or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereupon shall be subject to the approval of the City Engineer. All costs therein shall be borne by the owner or subdivider. Half streets, if accepted, shall be improved as directed by the City Engineer.
      (4)   Sanitary sewer. Where sanitary sewer is or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer. The cost of any required pumping station, deemed necessary by the Engineer shall be assessed against the benefiting property. Where it is neither practical nor economical for the city to extend city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of city sewer in such installations. Such information shall be recorded on the plat and in deed so affected.
      (5)   Watermain. Where city water is or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer. Where it is neither practical nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications.
      (6)   Trees and shrubs. Boulevard trees and shrubs are not permitted.
      (7)   Storm sewer. Storm sewer mains will be constructed according to city specifications. Connection shall be made at the boundary of the subdivision, if available, or to some other approved discharge outlet. The developer shall secure or provide the necessary easements or discharge permits. This requirement shall not prevent the city from acquiring necessary easements by eminent domain. Any costs for such easements shall be borne by the developer.
   (C)   Parks and open space criteria.
      (1)   Dedication of parks and recreational land for residential areas. 
         (a)   Upon request of the City Council, in consideration of the particular type of residential development proposed, the subdivider shall be required to dedicate and deed to the city such areas of a character, extent, and location suitable to the needs created by such development for park and other recreational purposes. It is hereby found and declared that at the time of platting it is reasonable to require an amount of land equal to 6% of the land proposed to be subdivided for parks and recreation purposes.
         (b)   As an alternative, if the land proposed for dedication does not meet the needs of the area, the City Council may require the subdivider to pay in cash an amount equal to 6% of the fair market value of the undeveloped land as defined in these regulations in lieu of the dedication of the land. The fair market value shall be determined by the City Assessor’s office. For purposes of this section only, undeveloped land shall be defined as bare, platted land after utilities, streets, and other normal improvements are in place. The cash payment shall be used for the purchase of the land or the development of existing or future parks and playgrounds in the same general area. When land is dedicated and deeded to the city for park purposes, it shall be the responsibility of the City Parks Department to maintain such dedicated property.
      (2)   Dedication of storm water holding areas or ponds. Upon recommendation of the City Engineer and approval by the City Council, the subdivider may be required to dedicate to the public up to 6% of the land proposed to be subdivided for storm water holding areas or ponds. The 6% dedication shall not be considered in addition to the 6% dedicated for parks and recreation purposes as it relates to residential subdivisions.
(Ord. 19-2, passed 4-11-2005) Penalty, see § 153.999