When streets or utilities are not available at the boundary of a proposed subdivision, thereby necessitating off-site extensions or improvements of streets or utilities, and when extra-size utility lines and streets (greater in size than is required to serve the proposed subdivision) are required for the proper future growth of an area, the Planning Commission may require, as a condition precedent to approval of a preliminary plan and subdivision plat, assurances that such off-site extensions and extra-size improvements will be provided in accordance with the following:
(a) Utility Extensions. Utility extensions from the proposed subdivision shall be installed and constructed in such a location, in such a manner and of such size as to make their extension usable in accordance with governmental regulations for servicing adjacent areas. With regard to drainage utilities, such adjacent areas shall include the downstream area of the particular drainage district and the uphill drainage and extra size lines as determined by reasonable engineering standards.
(b) Off-Site Extensions. If the Planning Commission, in conjunction with Council, finds that off-site extensions require the crossing of undeveloped lands and that a special assessment would not be warranted against such lands until some future time, or if a governmental expenditure for such purpose is not then warranted, and if this same condition exists on extra-size facilities which will later benefit and enhance other property, then the developer may be required, as a condition precedent to approval, to obtain all necessary easements or rights of way, and improvements so constructed shall be dedicated and granted to the public and not maintained under private ownership. All such improvements shall be available for connections by developers of adjoining lands.
(c) Reimbursement. To provide for reimbursement to the developer for the costs of such installation of off-site extensions and extra-size facilities (suchcosts to include construction costs, all costs for engineering and legal services properly allocated thereto, and any other costs necessary and proper in determining the entire cost of such improvement), contractual arrangements shall be made between Council and the developer, as approved by the Village Engineer, setting forth the total amount of reimbursement, together with a pro-rata usage reimbursement plan, including the nature and method of determining the amount of such reimbursement and the time or times at which the same shall occur. Such contractual arrangements shall be accomplished and completed prior to theimprovements being started. It is the intent of the Village to secure reimbursement to the developer at such time or times as connections to the off-site improvements are made and extra-size facilities are used by developers of adjoining or benefiting lands.
As future development occurs on adjoining or benefiting lands, the original developer shall be reimbursed in accordance with the contractual arrangements referred to above, and each successive developer shall exhibitto the Planning Commission a receipt showing reimbursement prior to final subdivision approval relating to such adjoining or benefiting lands.
(d) Deposit. Council may construct and pay for the off-site extensions and extra-size facilities, assess the costs of the same to the owners benefited and require a deposit from the developer as described in Section 1119.08. Council may establish a rotary fund to pay for such-development costs and not collect the assessment on the intervening land until it is developed.
(e) Prorated Costs. In making determinations for prorating costs for the construction of off-site extensions or extra-size improvements, the PlanningCommission shall consider, in addition to the standards set forth in this section and other regulations of the State or Village, the following conditions.
(1) The relative location and size of the proposed subdivision.
(2) The traffic estimated to be generated by the development in relation to present streets.
(3) The natural drainage area for sewers and the service area for water.
(4) The development benefits that will accrue to the subdivision.
(5) The sequence of land and utility developments in the vicinity.
(6) Any other conditions it may deem necessary.
(Ord. 1222. Passed 12-16-91.)