(A) Where necessary to provide for development of adjacent properties or to conform to the provisions of the comprehensive plan, the city may require the dedication or installation of oversized infrastructure. The developer shall be responsible for the entire costs of designing and installing all infrastructure, which is intended for the primary purpose of serving a new development.
(B) The City Council upon the recommendation of the City Engineer and the Planning and Zoning Commission shall determine the need for oversized infrastructure at the earliest practical stage prior to the time of plat approval. The City Engineer may recommend that oversized infrastructure be required.
(C) If the developer contends that infrastructure requirements imposed as a condition of plat approval actually constitute oversizing, then, the developer must request the Planning and Zoning Commission to determine whether or not such requirements actually constitute oversizing. In reaching such a determination, the Commission shall consider the actual requirements which are reasonably necessary to provide service to the development in accordance with good engineering practices, including the development's location and size, proximity to sources of water supply and waste water treatment, the effect on line pressures and gravity flow, the size of existing infrastructure to which connection is to be made and any other relevant matters. If the Commission shall determine that requirements actually constitute oversizing, then the Commission shall also determine whether or not a need exists for such oversized infrastructure.
(D) If it is determined that a need exists for the installation of oversized infrastructure, then the Planning and Zoning Commission shall recommend that the City Council enter into an agreement with developer providing for the funding and construction of oversized infrastructure. If the City council shall fail to take action upon such recommendation within 30 days of preliminary plat approval, then the recommendation shall be rejected and the developer may proceed to obtain final plat approval without oversizing.
(E) Oversized infrastructure does not include land or infrastructure provided outside of a new development, which are necessary for the provision of services to the development. While not eligible for oversize participation, the developer may be eligible for reimbursement under the city's policy set out below on the extension of infrastructure winch benefits other abutting properties.
(Ord. 09-0721, passed 7-21-2009)