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(A) The subdivider shall be required to pay a pro rata share of the cost of providing reasonable and necessary sewer, water, or drainage improvements located outside of the property limits of the land owned or controlled by him or her whenever the following conditions exist:
(1) The county determines that such off-site improvements to sewer, water, or drainage are necessitated at least in part by the construction or improvement of the subdivision;
(2) The county or other appropriate authority has established a general sewer, water, or drainage improvement program for an area having related and common water, sewer, and drainage conditions;
(3) The subdivider’s property is located within said designated area covered by such program;
(4) The estimated cost of the total water, sewer, or drainage improvement program has been determined; and
(5) The estimated water flow, sewerage flow, or stormwater runoff has been established for the designated area served by such program.
(B) The subdivider’s share of the above-estimated cost of improvements shall be limited to the proportion of such estimated cost which the increased water and sewage flow or increased volume and velocity of stormwater runoff actually to be caused by his or her subdivision bears to the total estimated volume and velocity of such water, sewage, or runoff from such area in its fully developed state.
(C) Such payment received by the county shall be expended only for construction of those facilities for which the payment was required, and until so expended shall be held in an interest-bearing account for the benefit of the subdivider; provided, however, that in lieu of such payment the county may permit the subdivider to post a bond with surety satisfactory to the county conditioned on payment at commencement of such construction.
(Ord. passed 8-10-1989) Penalty, see § 154.999