§ 16.12

The purpose of this chapter is to foster the orderly development and proper planning of areas to be developed through subdivisions approved pursuant to Chapters 16.04 and 16.08, and impartially to encourage the collective subdivision of all contiguous parcels properly includable under one plan or within one subdivision. To this end the Planning Commission or City Council may in connection with a subdivision approval, approve reasonable measures for reimbursement of a subdivider for a portion or portions of the cost incurred by such subdivider in developing improvements for dedication to the public in connection with such subdivision, to the extent that such improvement costs will ultimately directly benefit properties not embraced within such subdivision. The proper development of many areas may require the installation of improvements for dedication to the public in connection with a subdivision, not required by such subdivision alone, but essential for the development of nearby property, and adequate provision may be made for the eventual spreading of such improvement costs and interest thereon over areas actually benefited thereby, when and if such areas avail themselves of such benefits.

(Prior code § 9500)

Properties abutting but not within a subdivision or approved plan for a subdivision, in which improvements which are to be dedicated to the public, are made at the cost of the subdivider or party submitting the plot plan for the subdivision, may be precluded from access to or use of such improvements until payment is provided for or made, of a fair pro rata share of such improvement costs, proportionate to the benefit received, and any interest thereon. Such precluding of access may be provided for by the granting of intervening property in trust to an impartial corporate title holder upon such conditions as are found and determined to be fair and equitable to each party using or desiring to use the improvements and to the inhabitants of the city generally or by such other or further means as may be approved, by the Planning Commission if its action on such subdivision shall be final, and if not, by the City Council after recommendation by the Planning Commission. The Secretary of the Planning Commission or the City Clerk shall cause timely notice of all determinations by the Planning Commission or City Council respectively,

made within the scope of this chapter to be sent to the owners of all properties found by the body taking final action to be directly benefited by the improvements to be constructed in connection with the subdivision.

(Prior code § 9501)

Land development trusts executed pursuant to this chapter shall expire at the end of twenty-five (25) years from the date of creation thereof, unless sooner terminated in accordance with the terms and conditions established when such trusts are created.

(Prior code § 9502)

Chapter 16.16 - REIMBURSEMENT CONTRACTS

Sections: