When streets or utilities are not available at the boundary of a proposed subdivision there by necessitating off-site extensions or improvements of streets or utilities, and when extra size (greater in size than is required to serve the proposed subdivision) utility lines and streets 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 size as to make their extension usable in accordance with governmental regulations for servicing adjacent areas and with reference to drainage utilities, such adjacent area 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 crossing 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 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 costs of such installation of off-site extensions and extra size facilities (such costs to include construction costs, all engineering costs properly allocated thereto and all costs for legal services allocated thereto, and any other costs necessary and proper in determining the entire cost of such improvement), contractural arrangements shall be made between Council and the developer, approved by the City 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 contractural arrangements shall be accomplished and completed prior to the improvements being started. It is the intent 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 contractural arrangements referred to above and each successive developer shall exhibit to 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 and assess the costs to the owners benefited and require a deposit from the developer as described in Section 1119.06
. 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) Pro-Rating Costs. In making determinations for pro-rating costs for the construction off-site extensions or extra size improvements, the Planning Commission shall consider, in addition to the standard set forth in this section and other regulations of the State, or City, 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 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. 77-19. Passed 6-2-77.)