When streets or utilities are not available at the boundary of a proposed subdivision, thereby necessitating off-site extensions or improvement 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 City 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 from the proposed subdivision shall be installed and constructed in such a location, manner and size as to make their extension usable in accordance with governmental regulations for servicing adjacent areas, and, with reference to drainage utilities, the adjacent area shall include the downstream area of the particular drainage district and the uphill drainage and extra size line as determined by reasonable engineering standards.
(b) If the City Planning Commission, in conjunction with the applicable political subdivision having control of the area, finds that off-site extensions require crossing undeveloped lands and that a special assessment would not be guaranteed 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 of approval, to obtain all necessary easements or rights-of-way. 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) (1) To provide for reimbursement to the developer for the costs of the installation of off-site extensions and extra size facilities (such costs to include construction costs, all engineering costs properly allocated thereto, all costs for legal services allocated thereto, and any other costs necessary and proper in determining the entire cost of the improvement), contractual arrangements shall be made between the applicable political subdivision and the developer, to be approved by the City Engineer, setting forth the total amount of such 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 the improvements being started. It is the intent of this section 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 benefitting lands.
(2) As future development occurs on adjoining or benefitting lands, the original developer shall be reimbursed in accordance with the contractual arrangements referred to above and each successive developer shall exhibit to the City Planning Commission a receipt showing reimbursement prior to final subdivision approval relating to such adjoining or benefitting lands.
(d) The governmental body having jurisdiction may construct and pay for the off-site extensions and extra size facilities, assess the costs to the owners who benefitted and require a deposit from the developer as described in § 1248.06(d)(1). The governmental body having jurisdiction may establish a rotary fund to pay the development costs and not collect assessments on the intervening land until it is developed.
(Ord. 17-83, passed 6-6-1983)