Unless otherwise expressly agreed by the City Council of the City, all off-site improvements servicing new or proposed subdivisions shall be constructed at the expense of the subdivider or subdividers. Where the off-site improvements are constructed in easements or right-of-ways adjacent, continuous to or serving abutting, unplatted property, the provisions of this chapter shall apply whether the off-site improvements are paid for or constructed by the subdivider or the City.

A.

At the time a subdivider files a preliminary plat for a subdivision which will require the construction of off-site improvements, including water mains and/or sewer mains, or an easement adjacent, contiguous to or which may serve abutting, unplatted property, the subdividers shall:

1.

Submit a plot plan reflecting the off-site improvements;

2.

Submit a plot plan reflecting all abutting, unplatted property and the ownership, zoning and current use of the property;

3.

Submit an estimate certified by a registered professional engineer reflecting the estimated cost of materials and labor for the construction of the off-site improvements; and

4.

Submit a proposal as to the proportion of the costs of the abutting off-site improvements which the subdivider believes should equitably be borne by the future subdivider or subdividers, if any, of the abutting, unplatted property; the proposals shall state with specificity and detail the grounds for determining the respective proportion or proportions.

B.

Before approval of the preliminary plat by the Planning Commission shall be effective, the Planning Commission shall receive the written report of the City Engineer stating whether the City Engineer agrees with the extent estimated costs and proposals submitted by the subdivider, an the City Engineer shall state with specificity any disagreement which he may have with the extent, costs and proposals and the grounds therefore.

C.

The Planning Commission shall, as a condition of approval of the preliminary plat, make recommendations to the proportion of the costs of the abutting off-site improvements which may be borne in the future by the future subdivider or subdividers, if any, of any and all of the abutting, unplatted property.

A.

As a condition of approval of a final plat pursuant to the provisions of this article, the Planning Commission may recommend and the City Council may require the subdivider to agree in writing to the proportion of the costs of off-site improvements constructed along, contiguous with or serving abutting, unplatted property which may be borne in the future by a subdivider or subdividers who desire to subdivide any portion or all of the abutting, unplatted property.

B.

The subdivider shall furnish the City Council of the City an affidavit with attached invoices reflecting the actual cost of all off-site improvements, including but not limited to those which are in an easement adjacent, contiguous to or which may serve abutting, unplatted property.

C.

The subdivider, upon entering into such agreement, shall be entitled to recover only the principal of the proportion set forth by the City Council and shall not be entitled to recover any interest charge or other fees.

A.

As a condition of approval of preliminary and/or final plats for subdivision of abutting, unplatted property, the Planning Commission may recommend and the City Council may require the subdivider thereof to deposit with the City Clerk of the City a cashier's check made payable to the City representing the respective proportion of the costs of the off-site improvements designated by the City Council of the City as properly chargeable to the subdivider.

B.

The Planning Commission, in making its recommendation and the City Council in making its requirement, may request the advice and recommendation of the City Engineer.

C.

As long as a reasonable relationship exists between the cost of the off-site improvements and the value thereof to the subdivider of abutting, unplatted property, the decision of the City Council shall be final and conclusive.

D.

Upon the deposit of the cashier's check above-referred-to and the approval of the final plat by the City Council for the subdivision encompassing a portion of all of the abutting, unplatted property, the City Clerk shall notify the subdivider if any, who initially paid for the off-site improvements. The notification shall be by certified mail, return receipt requested, addressed to the last known address of the subdivider. If the funds shall not be claimed by the subdivider within ninety (90) days from the date of mailing, the City Clerk shall deposit the funds in an interest bearing account and shall attempt such other efforts as are reasonable to ascertain the whereabouts of the subdivider; provided, however, that in the event the funds are not claimed by the subdivider within two (2) years from the date of first mailing, then the funds shall be deemed to be the property of the City and shall constitute a part of the general revenue of the City.

E.

In the event the City shall furnish either materials or labor for the construction of the off-site improvements, the City shall be entitled to retain the pro-rata share of the deposit based upon the ratio that the cost of labor and materials expended by the City shall bear to the total cost of off-site improvements.

The provisions of this article shall be in addition and not in lieu of any and all other subdivision standards and requirements of the City. Tap charges and other charges shall not be affected by this article. Nor shall this article affect the right of any owner of abutting, unplatted property to receive service from any off-site improvements constructed hereunder without subdividing the abutting, unplatted property.