§ 152.162 FEE IN-LIEU FOR DELAYED IMPROVEMENTS.

   If the Planning Commission determines that a needed improvement cannot be built until future development occurs, the subdivider shall pay to the city an amount determined by the Planning Commission in accordance with the standards prescribed in § 152.160 above to be the developer’s proportionate share of the cost of the improvements as of the date of final plat approval. The city shall deposit the money into an interest bearing escrow account until such time as the improvement is constructed. If the improvement is not constructed within five years from the date of the first payment into the escrow account by a subdivider, the Planning Commission shall hold a public hearing, after notification to all affected property owners, to determine the disposition of all money in the escrow account. Following the public hearing, the Planning Commission may:

   (A)   Determine that the improvement is still necessary and feasible and can be built within a reasonable time, in which case the escrow account shall be continued for a period specified by the Planning Commission; or

   (B)   Determine that the improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future, in which case the Planning Commission shall either:

      (1)   Refund the money in the escrow account, with accumulated interest, to the subdividers who made the contributions; or

      (2)   Distribute the money in the escrow account on a pro rata basis to the property owners who purchased lots in the subdivision(s) and the subdivider(s); or

      (3)   With the written consent of a majority of the property owners who have purchased lots in the subdivision(s) and the subdivider(s), direct that money in the escrow account be utilized for a different purpose which will specifically benefit the neighborhood.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.03, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)

§ 152.163 WAIVERS.

   A subdivider may petition the Planning Commission for a waiver of improvement requirements in whole or in part on one or more of the following grounds:

   (A)   No plans for upgrading. The city has no plans for upgrading the substandard street or road on which improvements are proposed to be required by the subdivider.

   (B)   Primary access to improved streets. The proposed subdivision has primary access to improved streets or roads and the portion of the subdivision which fronts on a substandard street or road is so small or remote from anticipated future traffic patterns as to cause an unfair imposition on the subdivider.

   (C)   Alternate improvements. The subdivider proposes alternative improvements which will protect the health, safety and welfare of persons residing in the proposed subdivision and the surrounding area and equally benefit said persons.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.04, passed 9-3-13; Am. Ord. 2014-12-488, passed 12-2-14)

§ 152.164 OFF-SITE IMPROVEMENTS TO STATE HIGHWAYS AND HIGHWAYS MAINTAINED BY THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT.

   The subdivider shall be required to dedicate sufficient right-of-way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the Master Street Plan. The subdivider shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed subdivision; provided, the subdivider shall be permitted to make a cash contribution in lieu of actual installation, which contribution shall be an account equivalent to the estimated cost of constructing the required sidewalk as of the date of final plat approval; and, provided further, that the Planning Commission may waive the sidewalk requirement prescribed by this section upon application by the subdivider and a determination by the Planning Commission that the topography of the proposed subdivision where it abuts a state highway is such that installation of a sidewalk is not practical. No other improvements to state highways shall be required of the subdivider unless required by the State Highway and Transportation Commission.

(Ord. 2013-04-417, passed 4-2-13; Am. Ord. 2013-09-440, § 152.1100.05, passed 9-3-13)