The improvements required are determined according to requirements of the Lake County General Health District for on-site sewage treatment systems; the accessibility of a public sanitary sewer system and a public water supply; the relationship to existing or planned streets; and the type and size of lots required by the Planning and Zoning Code for the district in which the subdivision or development is located.
(a) Improvements Within a Subdivision, Multi-Family Development, or Nonresidential Development.
(1) Land for rights-of-way for all local streets within the subdivision or development and for all secondary or major streets within or along the boundary of the subdivision or development shall be dedicated by the developer and all easements shall be provided. The subdivider and/or applicant shall offer evidence satisfactory to Council that title to the land being offered for dedication for street purposes will be free and clear of all encumbrances.
(2) Utilities shall be furnished and installed as hereinafter required and they shall be of such sizes and capacities as are required for the proposed development or subdivision and as may be necessary to serve adjacent undeveloped land that is an integral part of the service area, provided, however, that the developer may not be required to pay for that part of the construction of the pavement of major streets, sewers or water mains which are determined by the Planning and Zoning Commission to be in excess of the size required for the development or the subdivision and integral service area.
(3) The developer shall be required to extend improvements to the boundary of the proposed development or subdivision to serve adjoining unsubdivided land. However, where the Planning and Zoning Commission determines that a connecting street is necessary for the future subdividing of adjoining land, but the present construction of the pavement and/or utilities therein is not warranted, the Planning and Zoning Commission may require the dedication of land for such connecting street, the construction of the pavement intersections, and the extension of utilities five feet beyond the pavement and that connections be made available for future extension by other developers.
(b) Off-Site Extensions. The construction of off-site improvements to serve a proposed subdivision or development may be required of the developer as a precedence to approval if adequate utilities are not available at the boundary of the proposed subdivision, or development, provided the Planning and Zoning Commission finds that the extension of the improvements across undeveloped or unserved areas would not be warranted as a special assessment to the intervening properties or a municipal expense until some future date.
(c) Determination of Scope of Improvements. In making determinations for the reasonable participation by the developer for the construction of off-site extensions, or a major street, sewers or water main, the Planning and Zoning Commission shall consider, in addition to the standards set forth in this chapter and other regulations of the City, the following conditions:
(1) The relative location and size of the proposed development or subdivision;
(2) A trip generation study and traffic impact study shall be presented to the City for any proposed development that results in the construction of an access to any public roadway in the City. Such a study shall be prepared by an engineer qualified and pre-approved by the City Engineer. The trip generation and traffic impact study shall describe the maximum anticipated traffic volumes by location and direction to be generated and which will impact the public roadway system during a peak design hour in the year of construction plus twenty (20) years. The report shall also provide the means to compensate for any degradation of the level of service for traffic existing on the City’s roadway system to the City Engineer’s satisfaction prior to the granting of a permit for construction. Improvements to the City roadway system shall be constructed as part of the development and its permit, the developer or applicant shall provide inspection fees, a testing deposit and a surety bond representing 100% of the cost of the improvements.
(3) The natural drainage area for sewers and the service area for water;
(4) The development benefits that will accrue to the development or subdivision;
(5) The sequence of land and utility developments in the vicinity;
(6) Any other condition it may find pertinent.
(d) General Schedule of Improvements. The developer shall provide at the developer’s expense, the grading of rights-of-way and lots; and the grading for and installation of storm sewers, sanitary sewers, public water mains, pavements, and curbing; and shall properly identify the streets and furnish traffic control.
(e) Industrial Subdivisions. For industrial subdivisions, the Planning and Zoning Commission may permit the improvements to be installed and paid for on an assessment basis. (Ord. 2006-35. Passed 5-25-06.)