§ 153.053  OVERSIZE AND OFF-SITE IMPROVEMENTS AND PUBLIC LANDS.
   The utilities, pavements and other lands and improvements as required and set forth in this chapter shall be designed and constructed of such sizes and capacities as required for the development of the proposed subdivision, and of oversizes, additional capacities, and/or extensions to existing infrastructure beyond the boundary of subdivision, as may be necessary to serve nearby land which is an integral part of the neighborhood service and/or drainage area.
   (A)   Oversize improvements. If improvements in excess of the sizes needed to serve just the proposed subdivision are required, the Commission may require, as precedence to the approval of a preliminary plat and final plat, assurances that such improvement extensions shall be provided as follows: 
      (1)   (a)   If the Commission finds the over- size improvements would not be warranted as a special assessment to the intervening properties, or as a governmental expense until some future time, the subdivider may be required, if he or she wishes to proceed with the development, to design, construct and pay for the oversized improvements. Such improvements, upon final approval of the Planning Commission, shall be available for connections by subdividers of adjoining land. Reimbursement of the cost of the over-size improvement is subject to Planning Commission and City Council approval.
         (b)   If reimbursement of costs for the over-sized improvements is to be made, the cost to purchase the over-sized material, minus the cost to purchase the material of the size necessary for the development, will be reimbursed by the city. The cost must be requested in writing, and verified by the City Engineer. The City Council will then budget the cost for the subsequent fiscal year and make payment within a reasonable time frame within the said year.
      (2)   The subdivider may petition City Council in accordance with § 153.039. The governmental body having jurisdiction may construct and pay for the extensions, and assess the costs to the owners benefited. The governmental body having jurisdiction may establish a rotary fund to pay for the development costs, and not collect the assessments on the intervening land until it is developed.
   (B)   Off-site extensions. If streets or utilities are not available at the boundary of a proposed subdivision, the Commission may require, as precedence to the approval of a preliminary plat and final plat, assurances that such improvement extensions shall be provided as follows:
      (1)   (a)   If the Commission finds the extensions across undeveloped areas would not be warranted as a special assessment to the intervening properties, or a governmental expense, until some future time, the subdivider may be required, if he or she wishes to proceed with the development, to obtain necessary easements or rights-of-way and design, construct and pay for extensions. Such improvements, upon approval of the Planning Commission, shall be available for connections by subdividers of adjoining land.
         (b)   The cost of construction of the off- site improvement may be reimbursed at the current rate for the improvement as provided for in § 53.02(A)(3) or § 54.16(B). The cost must be requested in writing. The City Engineer will prepare an ordinance stating the adjoining parcels that benefit from the improvement. The fees will be collected at the current rate stated in the ordinance at the time of connection and reimbursed to the subdivider within a reasonable time frame.
      (2)   The subdivider may petition City Council in accordance with § 153.039. The governmental body having jurisdiction may construct and pay for the extensions, and assess the costs to the owners benefited. The governmental body having jurisdiction may establish a rotary fund to pay for the development costs and not collect the assessments on the intervening land until it is developed.
   (C)   Prorating costs. In making determinations for prorating costs for the construction of off-site extensions or oversize improvements, the Commission shall consider, in addition to the standards set forth in this section and other regulations of the state, county 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 the 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 condition it may find pertinent.
   (D)   Land reserved for public use.
      (1)   The subdivider of every parcel of land within the corporate limits, or otherwise within the jurisdiction of this chapter, which is subdivided for residential purposes shall be required to provide land to satisfy that portion of the future demand for public parks accruing to the subdivider’s land. Park land provided shall be based on a ratio of .035 acres of additional park land per dwelling unit. For a subdivision within the corporation limits the city may require a cash payment in lieu of such land dedication which shall be at a rate of $400 per new residential dwelling unit, whether single-family, two-family, or multiple-family. Such payment shall be made to the city, deposited in a special account and used exclusively for the acquisition of land for park purposes as determined by Council. This land dedication, or applicable fee payment in lieu of the land dedication, applies to all locations, regardless of whether the proposed development coincides with any park land shown on the city’s Parks and Recreation Plan or the city’s Thoroughfare Plan, and shall apply to all projects regardless of the number of dwelling units which are proposed per acre.
      (2)   City Council, when applicable, shall have the sole discretion of accepting the land, the fee in lieu of the land, or land and fee in combination on any proportional basis it deems appropriate based on the size of the potential land area, the location of the proposed development and the park needs of the city.
      (3)   This land dedication, or an equivalent fee in lieu of the land dedication, is required in addition to:
         (a)   Any open land otherwise required for retention basins, easements, and the like.
         (b)   Land set aside to meet the minimum open space requirements for planned unit developments, or other land uses, and the like.
         (c)   Land set aside for parks and open space at the discretion of the subdivider.
         (d)   Any other land which City Council determines is otherwise unbuildable, such as but not limited to, steep slopes, wetlands and streams and which City Council further determines would remain as open space if the city did not have park dedication requirements as regulated herein.
      (4)   When reviewing the preliminary plat pursuant to § 153.037, the Planning Commission shall determine as part of such approval and make a recommendation to City Council, the amount and location of land which should be dedicated for parks, or the fee that should be paid in lieu of the land dedication, or the proportional combination of land and fee which is appropriate for the proposed subdivision.
      (5)   Any fee required shall be paid to the city by the subdivider prior to approval of the final plat for the entire subdivision, or each phase thereof pursuant to § 153.039.  Such payment shall be deposited in a special account and shall be used exclusively for park land acquisition as determined by City Council.
(‘65 Code, § 1383.05)  (Ord. 20-89, passed 4-4-89; Am. Ord. 48-93, passed 7-20-93; Am. Ord. 07-101, passed 10-3-07; Am. Ord. 08-026, passed 6-3-08)