Off-site improvements

(a) Purpose. This section is intended to ensure that subdividers/developers of subdivisions or land development projects provide off-site infrastructure improvements in order to mitigate the impacts which are directly or indirectly attributable to new development. As part of the approval of any subdivision or land development project, such improvements may be required by the planning commission if the commission finds that there is a reasonable relationship between the requested improvement and the proposed new development. Off-site improvements may include, but are not limited to improvements to the following:
- (1) Sanitary sewers;
- (2) Water supply systems;
- (3) Streets and roadways;
- (4) Sidewalks;
- (5) Bicycle paths;
- (6) Drainage systems.
(b) Definition and principles. As a condition of final approval, the planning commission may require a subdivider or developer to construct reasonable and necessary improvements located off of the proposed land being developed. "Necessary" improvements are those clearly and substantially related to the subdivision or land development being proposed. The planning commission shall provide in its resolution of final approval the basis for requiring such off-site improvements.

In its resolution, the commission must find that a significant negative impact on existing conditions will result if the off-site improvements are not made, and are clearly documented in the public record. The mitigation required as a condition of approval must be related to the significance of the identified impact. All required off-site improvements must reflect the character defined for that neighborhood or district by the comprehensive community plan.

(c) Approvals required. If off-site improvements are proposed to be made to any town, state or federally-owned street, utility or other facility, the approval of the town council or appropriate state or federal agency shall be received in writing and shall be made a part of the record.

(Ord. No. 06-06, § 5, 4-10-2006)