Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 112-4.1. Required off-site improvements.

(a) Generally. The developer shall be required to install off-site improvements, where the need for such improvements are created in whole or in part by the proposed development. For purposes of this section, an off-site improvement shall mean any improvement listed in section 112-4 of these regulations, but which is to be installed on property located outside the proposed development.

Any required off-site improvements shall be installed according to city standards; provided off-site improvements to roads located outside the city's corporate limits but within the city's planning area shall be installed to county standards, with the exception that roads adjacent to the city's corporate limits shall be installed to city standards. The developer shall be required to bear that portion of the cost of off-site improvements which bears a rational connection to the needs created by the development.

At the time the planning commission grants preliminary plat approval, the planning commission shall determine whether the proposed development creates a need for off-site improvements and the portion of the cost of any needed off-site improvements which the developer shall be required to bear; provided, that portion of the cost of off-site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off-site improvements which the developer shall be required to bear, the planning commission shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off-site improvements; provided, the planning commission may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing the portion of the cost which bears a rational connection to the needs created by the development.

(b) Delayed improvements. If the planning commission determines that a needed off-site improvement should not or cannot be built until future development occurs, the developer shall pay to the city an amount determined by the planning commission in accordance with the standards prescribed in paragraph (a) above to be the developer's proportionate share of the cost of said off-site improvements as of the date of final plat approval; provided, the developer may, with approval of the city council, guarantee payment of said amount so determined by executing a bill of assurance or surety performance bond as determined by the city council, in a form approved by the city attorney; said bill of assurance shall be filed of record and shall be a covenant running with the land; said bill assurance, or surety performance bond, shall provide for payment of interest on said amount at the maximum legal rate, and shall obligate the landowner to pay to the city the amount so determined by the planning commission within ten days from receipt of written notice from the city. The city shall deposit said money into an interest-bearing escrow account until such time as the off-site improvement is constructed. If the off-site improvement is not constructed within five years from the date of the first payment into the escrow account or guarantee of this payment by a bill of assurance or surety performance bond by a developer, the planning commission shall hold a public hearing after notification to all affected property owners. Following the public hearing, the planning commission may:

(1) Determine that the off-site improvement is still necessary and feasible and can be built within a reasonable time; in which case, the escrow account or guarantee shall be continued for a period specified by the planning commission; or

(2) Determine that the off-site improvement is not necessary, or will not be feasible, or that insufficient development has occurred to render the improvement likely in the foreseeable future; in which case, the planning commission shall recommend that the city distribute such funds as follows:

a. Refund the money in the escrow account, with accumulated interest, to the existing property owner(s) on a pro rata basis; or

b. Release the developer(s) and/or property owner(s) from the obligation to provide a guarantee by a bill of assurance or surety performance bond in lieu of payment into the escrow account.

(c) Determining necessity for off-site improvements.

(1) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or street leading from the development to the paved streets or roads, the developer shall be responsible for contributing his proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the planning commission in accordance with the provisions of paragraph (a) above.

(2) When a proposed development has direct access to, or fronts on, an existing road or street which is below current standards, the developer shall be responsible for contributing his proportionate share of the cost of improving said street or road to existing city or county standards. The planning commission shall determine the developer's proportionate share of said costs in accordance with the provisions of paragraph (a) above.

(3) Off-site drainage improvements shall be required whenever a proposed development causes the need for such improvements in accordance with section 106-6 of the Code of Ordinances.

(Code 1973, § 30-4.1; Ord. No. 3435, § 1, 1-13-04)

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