(a) Performance Standards and Compliance.
(EDITOR'S NOTE: Pursuant to Ordinance 2008-20, all of Section 1111.14, except subsection (a)(3) thereof was repealed.)
(3) If the City, due to extraordinary circumstances, and upon approval of Council, requires a developer to substantially increase the requirements of retention set forth in paragraph (a)(l) hereof, the City may enter into an agreement through the Mayor with the developer under the following conditions:
A. If the increased requirement is due to projected run-off from other properties tributary to the proposed retention facility, which properties will benefit directly therefrom, a protective ordinance stipulating the amount of benefit to such properties, based on a prorated amount determined on an area basis, will be adopted, so that when such areas are developed, compensation can be made to the developer of the enlarged facility.
B. Approval of any development plan which has been assigned a benefit to an expanded retention facility shall be subject to the agreement by the developer to compensate the developer of the expanded retention facility in an amount equal to the computed amount developed in paragraph (a)(3) A. hereof.
C. The developer of such expanded retention facility shall either:
1. Give the City clear title to this retention basin, reserving to himself or herself the right to use this area for zoning or recreation purposes; or
2. Grant the City an easement over this retention basis and such access facilities that may be necessary to provide for its use by the designated benefitting properties.
(Ord. 1988-35. Passed 4-26-88; Ord. 1988-122. Passed 12-13-88; Ord. 1990-18. Passed 2-27-90; Ord. 1990-146. Passed 10-9-90; Ord. 1994-9. Passed 3-22-94.)