11-6-5: FEE IN LIEU OF ACTUAL IMPROVEMENTS:
Subdivisions adjacent to a rural road or another road where the surrounding area is lacking public improvements and infrastructure may request the option to pay a fee in lieu of constructing the required improvements and infrastructure. The Administrative Land Use Authority and City Engineer may also require payment of the fee in lieu to make improvements as a part of a larger future project. An Agreement approving the payment of the fee in lieu may be approved during the Preliminary Improvement Plans Application phase by the Administrative Land Use Authority and City Engineer. Fee in lieu Agreements should only be approved when it is unreasonable or undesirable for the improvements and infrastructure to be installed with the development. The Agreement should include:
   A.   A calculation of the cost of the improvements not being installed.
   B.   For areas where the future project date is known, inflation costs at a maximum of three percent (3%) per year may be used up to the project year. For areas where the future project date is not known, inflation costs may only be included at a maximum of three percent (3%) per year for five (5) years.
   C.   For areas where off-site improvements have already been constructed and excess capacity exists that was paid for by the city, Subdividers may "buy in" to the existing improvements to meet their requirements. A determination of available excess capacity and cost will be evaluated by the City Engineer.
(Ord. 2023-17, 11-28-2023, eff. 1-1-2024)