§ 155.212  REIMBURSEMENT FOR INFRASTRUCTURE INSTALLED OUTSIDE A DEVELOPMENT.
   (A)   Where streets, water lines, sewer lines or other infrastructure installed within public easements are provided outside of the development and thereby benefit other abutting undeveloped properties, the City may impose and collect an acreage fee on behalf of the original developer installing such infrastructure. A formula that shall determine how much of the original extension and oversized utilities cost will be reimbursed to the original developer will be agreed on prior to granting access to a subsequent development to the newly extended infrastructure.
   (B)   Acreage fees must be calculated on a front foot basis and total acreage to be served, which distributes the cost equally among all abutting property owners who subsequently benefit from the original infrastructure extension(s). Acreage fees may not include reimbursement for costs incurred within the interior of the original developer's development. The original developer's application for acreage fee reimbursement must include a proposed fee as well as an accounting of the costs included within the fee. The Planning and Zoning Commission and the City Council must approve the fee prior to collection.
   (C)   Acreage fees applicable to subsequent development(s) will be collected upon final plat approval or the issuance of a building permit for the abutting property, whichever occurs first, and promptly remitted to the original developer. Acreage fees may be collected for a period often years following the City Council's approval of the final plat. The developer shall not be reimbursed for any portion of the costs not collected within such period of time. The city shall require payment of acreage fees from subsequent developer(s) as a condition of building permit or plat.
(Ord. 09-0721, passed 7-21-2009)