The subdivider shall be required to design, furnish, and install rights-of-way, easements, and improvements with the dimensions and capacities required to make feasible the eventual completion of the systems of roads, sidewalks, drainage, and utilities necessary for the development of the proposed subdivision and of nearby land which is an integral part of the same area and systems. Where such rights-of-way, easements, or improvements are greater than normally required or necessary for the subdivision itself, the subdivider may be required to provide and install the over-sized improvements subject to compensation as provided herein. The subdivider shall be required to extend improvements to make service available to adjoining land. If roads or utilities are not available at the boundary of a proposed subdivision, the City may require the subdivider to construct off-site extensions of the improvements.
(a) Over-Sized Improvements. Where improvements are required in excess of the size needed to serve the proposed subdivision itself, the subdivider shall install the over-sized improvements. The subdivider shall pay that part of the total cost of the improvements required to service the subdivision plus that part of the service area costs which the City determines to assess against the subdivision. Reimbursement shall be made according to a contract as provided below.
(b) Off-Site Extensions to the Proposed Subdivision. When improvements are not available at the boundary of a proposed subdivision in the manner required to provide adequate access or service, the City shall require, prior to approval of the preliminary and final plat, guarantees that such improvement extensions will be provided by the subdivider.
(c) Extensions to Abutting Properties. The subdivider shall be required to provide, at the subdivider's expense, such rights-of-way, easements, and improvements necessary to ensure that roads, utilities, drainage systems, sidewalks, walkways, bikeways, and other improvements are extended and available to those boundaries of the subdivision where the City determines that future extensions will be appropriate for future development and for the completion of planned, functional, and integrated service areas and systems.
(d) Prorating Costs. In making determinations for prorating costs for the construction of off-site extensions or over-sized improvements, the City shall consider, in addition to the standards set forth in this section and other regulations of the State, County or City, the following conditions:
(1) The relative location and size and projected impacts of the proposed subdivision;
(2) The traffic estimated to be generated by the development in relation to present roads and anticipated future;
(3) The natural drainage area for storm sewers and other drainage improvements, the service area for sanitary sewers, and the service area for the water system, including the need for future looping of water lines;
(4) The development benefits that will accrue to the subdivision;
(5) The sequence of land and utility developments in the vicinity;
(6) Planned locations of open space, public properties, walkways, and bikeways; and
(7) Any other condition it may deem necessary.
(e) Contract for Reimbursement. Contract arrangements shall be made between the subdivider and the City for the reimbursement of over-sized and off-site improvement costs incurred by the subdivider. As agreed in the contract:
(1) Reimbursement may be delayed until such time that connections to these improvements are made by the benefiting properties; or
(2) The governmental body having jurisdiction may construct and pay for the over-sized and off-site improvements and assess the costs to the owners benefitted; or
(3) The City may establish a rotary fund to pay for such development costs and not collect the assessments on the intervening land until developed; or
(4) If the City finds that the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties or as a governmental expense until some future time, the subdivider may be required to obtain necessary easements or rights-of-way and to construct and pay for the extensions. Such improvements shall be available for connections by subdividers of adjoining land.
(Ord. 2-2004. Passed 2-23-04.)