§ 22-18. Refunds to subdivider for extension of City mains, streets and utilities.

Refunds to the subdivider for extension of water, sewer, storm sewer mains, City streets and utilities as provided for in section 22-17 or as directed by the City council shall be made as follows:

A. 

Refunds will be made:

[Amended 10-2-2012 by Ord. No. 12-04]

(1) 

When extensions are made outside of the subdivision boundary and are necessary to provide services to the subdivision; and

(2) 

When a subdivider constructs an extension in a platted, but unimproved subdivision, or a phase of a platted, but unimproved subdivision, and the subdivider does not own all of the lots within the platted subdivision or the phase of the platted subdivision, and another owner of a lot within the subdivision connects to or uses the extension.

B. 

In order to receive a refund, the subdivider must petition the City to set up an extension account by providing the City with complete and accurate information showing the costs incurred to construct the extension. The City will evaluate the costs associated with construction of the extension and establish a cost per foot to be charged to property owners who connect to or use the extension which has been installed by the subdivider. In determining the cost per foot of the extension, the total cost of extending the main line, street or utility, including engineering and construction cost, will be divided by the total front footage of the property bordering on the extension. If, after the cost per foot has been computed and the cost figures have been filed with the City, a new road intersects the extension, the cost per foot will remain the same as originally computed.

[Amended 10-2-2012 by Ord. No. 12-04]

C. 

The City will maintain accurate cost records and establish a ledger sheet for each extension.

[Amended 10-2-2012 by Ord. No. 12-04]

D. 

When property located adjacent to the water, sewer and storm sewer mains and other City streets and utilities is developed and the owner desires to connect to such line extensions and City streets and utilities, the owner of the property shall, before obtaining a building permit or connecting to or using such mains, streets or utilities, pay the City a fee based on the number of proposed units in the development and determined by the City engineer after reviewing the ultimate design population and cost of the project. The City engineer may consider the ultimate design capacity, the potential number of units in both the original property and the proposed development, the total actual cost of the extension of main lines, streets and utilities and any other factors in making his determination. Such fee shall be in addition to the regular water and sewer tapping or connection fees as provided for in Chapters 19 and 23 of this Code.

[Amended 10-2-2012 by Ord. No. 12-04]

E. 

When property located not adjacent to the water, sewer and storm sewer mains and other City streets and utilities is developed and the owner desires to connect to such line extensions, streets and utilities, the owner of that property shall, before connecting to or using such mains, streets or utilities, pay the City a fee based on the number of proposed units in the development and determined by the City engineer after reviewing the ultimate design population and cost of the project. The City engineer may consider the ultimate design capacity, the potential number of units in both the original property and the proposed development, the total actual cost of the extension of main lines, streets and utilities and any other factors in making his determination. Such fee shall be in addition to the regular water and sewer tapping or connection fees as provided for in chapters 19 and 23 of this Code.

F. 

The regular connection or tapping fee will be retained by the City.

G. 

If the original subdivider paid for the cost of the extension, the additional amount will be refunded to the original subdivider or other agent as he may direct. If the City paid for all of the cost of the original extension, the City shall retain the additional connection fee. If the City paid for part of the cost of the original extension, the additional connection cost shall be divided between the City and the original subdivider based on the design capacity paid for by the City and the original subdivider.

H. 

In the event that only one side of the street can be developed, the cost will be the same as provided in subsection D of this section.

I. 

Reimbursements for the extensions shall extend for a period of ten years from the date of completion of the main line, street or utility, after which no further reimbursement shall be made to the subdivider. After ten years, no further refunds shall be made to the subdivider, nor shall the reimbursement include interest or be for a greater sum than the initial cost of the extensions. The date of completion shall be the date the subdivider submits to the City the total cost for the extension and certifies to the City that the costs submitted are the total actual costs of such extensions.

J. 

If a particular situation does not fit into the above policy, the City council shall make such agreements as necessary to satisfy the intent of this policy.

Amended by Ord. No. 81-62