§ 152.46 UTILITY AND STREET IMPROVEMENTS.
   (A)   Utility and street improvements shall be provided in each new subdivision in accordance with the requirements in the following schedules. Standards for improvements shall be approved by the Engineer and shall be in accordance with the Comprehensive Plan. All utilities shall be underground.
   (B)   The requirements for each class and type of subdivision shall be as follows.
      (1)   All subdivisions within the corporate limits of the village or touching the corporate limits of the village shall be improved with street grading, storm sewer system or other drainage improvements, public water, public sewer, paved streets, curb and gutter, and lighting.
      (2)   All subdivisions lying within the planning area that do not adjoin the corporate limits shall be improved with street grading, four inches stabilized base and two inches of gravel, storm sewer system or other drainage improvements and lighting and any other improvements ordered by the Village Engineer and Planning Commission. If the majority of frontages in the proposed subdivision are 150 feet or less, curb, gutter and three and one-half foot wide sidewalk shall be required.
      (3)   (a)   An area of not less than 10% of the total subdivision area shall be designated and used for park, playground and recreational purposes or a cash donation equal to 10% of the value of the subdivided property to the city Park Fund in lieu of designating 10% of land.
         (b)   The entire park area shall be kept free of weeds and trash.
      (4)   It is the stated intent of the county to primarily provide rural and countywide services. It is not intended that the county be obligated to provide urban services, including utility systems maintenance, park maintenance, local road maintenance and related services normally required in housing projects. Therefore, it will be the obligation of the subdivider to present to the Village Planning Commission a precise approach to handling and providing these services. The approach may include the formation of districts, homeowner’s organizations or other methods to operate and provide for long term maintenance and service. The approach shall be made binding on the subdivider in a form, agreement, or contract in a manner which is accepted by the Village Attorney.
      (5)   In event that any or all of the utility and street improvements as required in subsection (2) are not in place at the time of the presentation of the final plat of the subdivision for final approval, the owner of the property in the proposed subdivision shall enter into a written agreement with the village, to be approved by the Board of Trustees, to provide as follows.
         (a)   Owner agrees to construct such improvements within a time specified.
         (b)   Owner consents with respect to improvements which the village shall construct to pay the cost or that part of the cost which the village has the power to levy special assessments.
         (c)   Owner waives with respect to any construction or special assessments levied by the village the provision of any statute authorizing protest or objections to the making of such improvements.
         (d)   Owner agrees that his personal representative, heirs, devisees, legatees, successors and assigns are bound by the agreement.
(Ord. C-67, passed 7-11-1977; Am. Ord. D-33, passed 2-7-1983)