(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)

   (A)   The Planning and Zoning Commission may recommend and the City Council may approve an agreement for developer reimbursement for the installation of oversized infrastructure. Such agreements must be approved and executed prior to final plat approval.

   (B)   Reimbursable costs are limited to the difference between the materials and installation costs of the oversized infrastructure and the estimated costs of infrastructure of a size necessary to serve the proposed development only. Provided that necessary public easements have first been dedicated and accepted, the City may elect to perform the work using its own forces.

   (C)   Where the work is to be performed by the developer, the agreement must provide for the establishment of an escrow account into which both the city and developer shall deposit their respective estimated costs. Payments shall be disbursed from the escrow account only upon the mutual approval of both city and developer. Contracts paid from the escrow account must provide for a minimum 10% retainage or require that payment be withheld until completion and acceptance of the required work. Where the city contribution is estimated to exceed the amount for which competitive bidding would be required, the agreement must require that the contract be competitively bid and awarded in conformity with the provisions of state law applicable to public works contracts, including provision for performance and payment bonds in favor of the city.

(Ord. 09-0721, passed 7-21-2009)

   (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)

   (A)   Any person who shall violate any of the provisions of this chapter or who shall fail to comply therewith or with any of the requirements thereof, or who shall erect or alter any building, or who shall commence to erect or alter any building in violation of any detailed statement of plan submitted or approved thereunder, shall for each violation or noncompliance be deemed guilty of a misdemeanor, and upon conviction, shall be fined as follows:

      (1)    Not more than $500 for each violation, and in addition shall pay all costs and expenses involved in the case.

      (2)   Nothing herein contained shall prevent the city from taking such other lawful action as necessary to prevent or remedy any violation of the provisions of this chapter.

   (B)   The owner of that building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent or corporation employed in connection therewith who may have assisted in the commission of any such violation shall be subject to the penalties herein provided.

(Ord. 09-0721, passed 7-21-2009)