Review criteria shall be a fair regulation and reasonable to ensure protection of property rights. The Plan Commission and Common Council shall consider the following when reviewing a subdivision plat. The proposed subdivision plat:
A. 
Promotes orderly development, and the transportation system furthers and facilitates the movement of people and goods in and out of an area;
B. 
Is in conformance with the Comprehensive Plan;
C. 
Encourages the most appropriate use of the land throughout the City consistent with the adopted land use plan;
D. 
Minimizes environmental impacts; and
E. 
The layout accommodates and provides for emergency vehicle access.
The proposed subdivision shall comply with all general development standards located in the City of New Berlin Developer's Handbook, including but not limited to off-street parking and loading, drainage, architectural design standards, landscaping, grading, environmental protection, access, and screening.
A. 
All improvements shall be constructed in accordance with the City of New Berlin Developer's Handbook and infrastructure specifications set forth by the Director.
B. 
In any cases where the applicant proposes modifications to the provisions of this chapter or the design standards set forth by the Developer's Handbook, the applicant may seek relief from the Department of Community Development.
A. 
As provided for in § 80.01, Wis. Stats., the City shall not be responsible for the construction of public improvements.
B. 
The City may only be responsible for the construction of public improvements when the applicant has failed to meet the requirements of the development/improvement agreement or any other cost-share agreement made between the City and developer(s) that is contained in the development agreement.
C. 
Acceptance/completion of public improvements.
(1) 
Surety instrument.
(a) 
A surety instrument (cash escrow deposit) shall be required for 105% of the actual cost of all improvements including, but not limited to:
[1] 
Roadway (installation and maintenance).
[2] 
Sanitary system.
[3] 
Water system.
[4] 
Stormwater system (installation and maintenance).
[5] 
Landscaping (installation and maintenance).
[6] 
Other special conditions (i.e., streetscaping, street lights, trails, signage).
(b) 
The surety instrument shall be reviewed and updated annually by the developer to guarantee workmanship and materials based on actual construction estimates for the remaining work and any "punch list" or outstanding items. Any approved delays may require an increase in the surety instrument to cover additional maintenance. The surety instrument may be reduced as items are completed and accepted per the list above.
(2) 
Asphalt pavement.
(a) 
Installation of the final course of pavement shall occur at time of initial development. If the developer installs all infrastructure and all pavement courses initially, a surety instrument shall be provided to the City that guarantees that maintenance will occur for the road surface and base course. In the interim, the developer shall ensure that the road surface and base course are kept in good shape and will make repairs as necessary prior to the City taking final acceptance.
(b) 
Installation of the final course may be deferred until 70% of the homes have been substantially completed in a residential development, or 24 months after commencement of construction of the project, whichever comes first. The Director may only waive the actual timing of completion for the 70% or twenty-four-month requirement, if requested, for extenuating circumstances such as inclement weather and/or coordination with other projects but by no more than six months. For projects that have been allowed to be phased, all public infrastructure shall be secured by surety instrument and reviewed by the City and updated annually by the developer until such time that the public infrastructure receives preliminary acceptance. Public infrastructure that was built as part of a phased approach shall still be secured by a maintenance surety. In the interim, the Developer shall ensure that the road surface and base course are kept in good shape and shall make repairs prior to the City taking final acceptance.
(3) 
Sanitary system.
(a) 
If the roadway is installed to final grade, all sanitary features shall be installed to finish grade, and installed per the Developer's Handbook. The utility will conduct a final inspection; as-builts must be submitted and approved and final easements recorded for the return of that portion of the surety instrument.
(b) 
If the roadway is not installed to final grade, the manholes shall be set to the level of the binder course if in the pavement. The manholes will need to be adjusted to final grade with a permanent adjustment and seal, no paving rings will be allowed to make the final adjustment. As-builts and easement documents may not be delayed with this option.
(4) 
Water system.
(a) 
If the roadway is installed to the final grade, all water features shall be installed to the finish grade and installed per the Developer's Handbook. The utility will conduct a final inspection; as-builts must be submitted and approved and final easements recorded for the return of that portion of the surety instrument.
(b) 
If the roadway is not installed to final grade, the water valves shall be set to the level of the binder course and turned down to the lowest level possible so with the final lift, the boxes can be turned up to final height. As-built and easement documents may not be delayed with this option.
(5) 
Stormwater system.
(a) 
If the roadway is installed to the final grade, all stormwater features (inlets, manholes, curb and gutter, flumes, etc.) shall be installed to finish grade, tuck pointed, cleaned, inspected and as-built surveyed prior to reduction of any surety instrument.
(b) 
If the roadway is not planned to be installed to final grade for more than 12 months, the curb and gutter shall be gapped at the inlets and the inlet grates shall be set to the level of the binder course to allow for drainage in the interim. Manholes will need to be adjusted to final grade with a permanent adjustment; no paving rings will be allowed to make the final adjustment.
(6) 
Landscaping.
(a) 
Landscaping shall be installed at the time of the initial construction.
(b) 
Upon inspection of the installation, the landscaping surety instrument may be reduced to 20% of the original cost and shall be held for three years for maintenance. If all the landscaping is maintained and living after three years, the remaining portion of the landscape surety will be returned.
(7) 
Other special conditions.
(a) 
Any other special features such as streetscaping, street lights, trails, signage, etc., shall be installed at the time of the initial construction.
(b) 
Upon inspection of the installation, the surety instrument may be reduced to 20% of the original cost and shall be held for three years for warranty and maintenance.
A. 
Conformity with plans.
(1) 
The arrangement, character, extent, width, and location of all streets or highways shall conform to the official map for the City and regulations set forth in this chapter.
(2) 
Streets not contained in the Official Map shall conform to the recommendations of the Plan Commission based on existing and planned streets, topography, public safety and convenience and proposed uses of land.
B. 
Arrangement.
(1) 
The design of the subdivision should create an integrated system of lots, streets, pedestrian trails, and infrastructure that provides for the efficient movement of people, bicycles, automobiles, emergency vehicles, service vehicles, school buses, garbage trucks, moving trucks, mail and delivery trucks, etc., within the subdivision and to and from adjacent developments.
(2) 
All subdivisions shall be designed to provide safe and attractive pedestrian linkages to commercial and employment centers, schools, recreational uses, and other public facilities.
(3) 
Where the subdivision adjoins a railroad right-of-way and the Comprehensive Plan indicates that such property will be used for industrial purposes, streets in the same general direction as the railroad shall be as nearly parallel to such railroad right-of-way as may be practicable.
(4) 
The street layout shall be logically related to the topography of the land, especially with relation to grades and stormwater runoff. Streets should generally be located away from watercourses unless storm sewers are to be provided.
(5) 
Proposed streets may provide for appropriate continuation or completion of any existing streets (constructed, contemplated, or recorded) that come to the boundary line of adjoining property, unless otherwise recommended by the Plan Commission. Permanent dead ends are discouraged.
(6) 
Provisions for suitable access and street openings for the subdivision of adjacent unsubdivided land may be provided through temporary dead-end streets as approved by the Common Council upon the recommendation of the Department of Community Development and the Plan Commission.
C. 
Intersections.
(1) 
Streets shall intersect one another at an angle as near to a right angle (90°) as possible.
(2) 
No intersections shall have an angle of less than 80°.
(3) 
Multiple intersections involving the junction of more than four streets shall be avoided.
(4) 
Street curb intersections shall be rounded by a tangential arc consistent with the design standards established by the Director and approved by the Board of Public Works.
(5) 
Curb radii at intersections involving state highways shall be approved by the State Department of Transportation and shall meet those standards as state regulations and local conditions permit. Radius corners or diagonal cutoffs shall be provided on the property lines substantially concentric with or parallel to the chord of the curb radius corners.
D. 
Crosswalks. Crosswalks shall be provided wherever side paths are located.
E. 
Pavement and right-of-way widths.
(1) 
Unless otherwise shown on the Official Map, all roadway widths shall comply with the City Developer's Handbook.
(2) 
The Plan Commission may require a greater right-of-way width for pedestrian trails in multiple-family housing areas, commercial areas, etc. The Commission may also waive the requirement for side paths where the abutting land use does not necessitate them being constructed or where they are provided within the development.
F. 
Street grades.
(1) 
In order to protect the public's health, safety, and general welfare, the City shall regulate roadway construction by basing decisions upon, but not limited to, maintenance, winter driving, stormwater management, safety, and sight distances.
(2) 
All roadways, alleys, and pedestrian trails included in any subdivision shall have a maximum grade as specified in the City of New Berlin Developer's Handbook.
(3) 
The Board of Public Works may permit steeper grades where topographical constraints unquestionably justify a departure from the maximum permitted grade.
G. 
Street alignment. The horizontal and vertical alignment of all streets, except in unusual cases as determined by the Director, shall meet the minimum requirement of the City of New Berlin Developer's Handbook.
H. 
Street names. All street names shall be consistent with the City's adopted street naming policy.
I. 
Street signs. The City shall install street signs at the expense of the applicant.
J. 
Building numbers. Building numbers shall be assigned in accordance with the building numbering system now in effect in Chapter 83, Buildings, Numbering of, of this Code.
K. 
Dead-end streets. Permanent dead-end streets shall be discouraged.
L. 
Stub streets.
(1) 
Required.
(a) 
Where the proposed subdivision is located adjacent to an undeveloped parcel, the applicant may be required to provide stub streets that may be connected to the adjacent development once it is developed.
(b) 
Stub streets shall be provided according to recommendations from the Plan Commission and Director.
(c) 
Where streets are to be stubbed and a turnaround is required, a hammerhead shall be used. The use of the turnaround shall be guaranteed to the public until such a time as the road can be extended.
(d) 
A sign shall be posted at the end of the stub street, stating: "ROAD TO BE EXTENDED."
(2) 
Phased development. Where the Plan Commission has approved the construction of a temporary stub street due to phased development, the developer will provide a suitable all-weather turnaround. The use of the turnaround shall be guaranteed to the public until such a time as the road can be extended.
M. 
Half streets. Dedication of half streets shall be discouraged. Where there exists a dedication or platted half street or alley adjacent to the tract to be subdivided, the other half street shall be platted if deemed necessary by the Commission.
N. 
Alleys. Dead-end alleys shall not be permitted.
O. 
Side paths. Side paths shall be required on all streets or easements as identified in the Comprehensive Plan, and as amended in the future.
P. 
Easements. Easements shall meet the minimum requirements as specified in the City of New Berlin Developer's Handbook.
A. 
The placement of curbs, gutters, and storm sewers shall be subject to the City's Developer's Hanbook.
B. 
The Board of Public Works shall have the authority to waive the requirements of this section if, for aesthetic or engineering reasons, the Board of Public Works deems it unreasonable or not feasible to construct curbs, gutters, and storm sewers in a particular subdivision, taking into account, but not limited to, the following factors:
(1) 
Consistency of appearance with adjacent developed lands.
(2) 
Elevation of downstream ditches or waterways.
(3) 
Elevations relative to existing adjacent developed areas.
(4) 
Stormwater Management Ordinance.[1]
[1]
Editor's Note: See Ch. 275-55.1, Post-construction stormwater management.
A. 
Length.
(1) 
Block length between intersections shall not exceed 1,500 feet nor be less than 500 feet. Block length is measured from the center line of the right-of-way to the center line of the right-of-way of the two cross streets.
(2) 
A twenty-foot easement or dedicated right-of-way may be provided for pedestrian and midblock pedestrian side paths in blocks longer than 1,000 feet to provide proper access to schools, shopping centers, and other community and public facilities.
(3) 
Culs-de-sac may be prohibited when there is an adverse impact on public safety, providing services such as school busing and trash collection, or providing and maintaining utility services.
B. 
Width. The width of blocks shall be planned to provide two rows of lots in residential districts unless otherwise approved by the Plan Commission.
C. 
Nonresidential blocks. Blocks intended for commercial or industrial developments shall be specifically designed for such purpose with adequate space set aside for off-street parking and loading facilities.
A. 
Location. All lots shall abut on and have access to a public street meeting minimum zoning requirements.
B. 
Grading.
(1) 
Grading shall be done in a manner to:
(a) 
Preserve existing topography wherever practicable.
(b) 
Prepare house pad.
(c) 
Provide positive drainage to protect proposed house and adjoining properties from damages of stormwater runoff.
(d) 
Create a grading relationship to avoid unsightly siting of homes and driveways in relationship to the established street grade and adjoining structures.
(2) 
The grading plan should minimize retaining walls wherever practicable.
(3) 
The Plan Commission may require, in areas of steep slopes, lot widths and depths greater than the minimum required in order to accomplish the above-stated standards.
C. 
Water and sewer facilities.
(1) 
Where public water and/or sewers are available, or where the proposed site is within the existing current sanitary sewer service area of the Regional Water Quality Management Plan for the City of New Berlin (as identified in Figure 8.3 of the City's Comprehensive Plan), the City shall require such facility be used.
(2) 
Where public water and sewers are not available, the following provisions shall apply:
(a) 
The City shall require proof of suitability for private on-site wastewater treatment systems (POWTS) in accordance with county or other applicable regulations.
D. 
Double and triple frontage lots. Double and triple frontage lots shall be avoided wherever possible.
E. 
Flag or panhandle lots. Flag or panhandle lots are prohibited in the City of New Berlin.
F. 
Lot lines.
(1) 
Side lot lines shall be approximately at right angles to the street or radial to curved streets whenever possible.
(2) 
Side lot lines shall be straight.
G. 
New lots within existing residential subdivisions shall be prohibited under any of the following circumstances:
(1) 
When the new lot area is less than the average area of the existing lots within the subdivision, excluding unbuildable lots; or
(2) 
When the new lot width is less than the average width of the existing lots within the subdivision, excluding unbuildable lots; or
(3) 
The new lot does not meet the requirements of § 275-33.
Monuments shall be provided as required in § 236.15, Wis. Stats.
Sanitary sewer mains shall be required where the Plan Commission and Utility Division, as part of the development review process, determine that the infrastructure and connection to public sanitary sewers are practical.
Water mains shall be required where the Plan Commission and Utility Division, as part of the development review process, determine that the infrastructure and connection to public water supply are practical.
A. 
Facilities for the distribution of electric, cable, telephone utility, and communication facilities service shall be buried underground in accordance with the specifications of the State Electrical Code. This shall include feeder cables and individual service connections. Transformers, meter points or similar equipment may be installed upon the ground surface, provided that the location, architecture, and adequate screening have been approved by the Plan Commission.
B. 
All relocation, upgrades, and reconstruction of aboveground utilities shall be underground, as applicable.
A. 
All stormwater drainage, retention and detention shall be in compliance with the City of New Berlin Stormwater Management Plan and Chapter 275-55.1, Post-construction stormwater management, of this Code.
B. 
Drainage plans shall respect existing drainage patterns and accommodate and address all drainage impacts of the proposed development.
[Added 11-13-2018 by Ord. No. 2611]
A. 
Developers creating new subdivisions of five lots ormore shall provide emergency water cisterns of fiberglass or concrete construction for fire protection purposes within developments that are more than 1,000 feet from a municipal water supplied fire hydrant as follows:
(1) 
Single-family subdivisions:
(a) 
5 to 39 residential properties: one 10,000-gallon cistern.
(b) 
40 to 79 lots: two 10,000-gallon cisterns.
(c) 
80 to 120 lots: three 10,000-gallon cisterns.
(2) 
Non-single-family developments. The number, location and size of cisterns shall be determined by the Plan Commission upon recommendation of the Fire Chief.
(3) 
If any portion of the subdivision limits is more than 1,000 feet from a municipal water supplied fire hydrant, then the underground water cistern shall be provided as noted above based on the total number of lots within the proposed subdivision.
(4) 
Modifications to the location, size and number of required cisterns shall be approved by the Plan Commission based on a recommendation by the Fire Chief.
(5) 
In the event the development has access to a water supply (man-made or natural) of sufficient size and depth, the Fire Chief, in conjunction with review by DCD and final approval by the Plan Commission, has the discretion to allow a dry hydrant in lieu of a cistern provided the dry hydrant is in compliance with the NFPA standard (NFPA 1142). Securing any permits and/or approvals that may be required by other regulating agencies shall be the responsibility of the applicant and shall be in place prior to installation of the dry hydrant.
B. 
Location. Cisterns shall be located in City road rights-of-way but not in culs-de-sac. The location of the cisterns shall be specified by the Fire Chief. The cisterns shall be located in a position that the largest percentage of structures is within 1,000 feet of the cistern.
C. 
Specifications. NFPA Standard 1142, 2012 (or most current) edition (Water Supplies for Suburban and Rural Firefighting) shall be used as a reference, except where otherwise noted below. See the diagram which is on file in with the Fire Department and is available for inspection.
(1) 
Plans shall be stamped by a professional engineer.
(2) 
Pea gravel bedding will be utilized for backfilling and for base.
(3) 
Any used tank will be hydrostatically tested and coated on the outside of the tank according to NFPA standards.
(4) 
The drafting/suction pipe height above the finished roadway surface shall be 24 inches to the center line of the elbow fitting of the six-inch pipe with a six-inch female NST fitting.
(5) 
The drafting pipe shall be comprised of steel or metal (unless otherwise approved by the Fire Chief and extend to within 12 inches of the bottom of the tank. The length of the draft from the fire department connection shall not exceed 14 feet. The drafting pipe shall be six inches in diameter and shall terminate with an elbow to accept the six-inch female NST fitting with cap and chain.
(6) 
A screened, four-inch vent pipe with the opening facing downward will be included in all cisterns. The vent pipe shall be a minimum of 36 inches above the finished roadway surface. The vent pipe shall have a two-inch capped inspection pipe located at the top.
(7) 
A four-inch fill pipe with elbow will be provided at each tank by the installer which terminates 24 inches above the finished roadway surface, measured at the pipe, with a minimum of one 2 1/2 inch female NST fitting and cap.
(8) 
The maximum distance from the road edge to the drafting pipe shall not exceed six feet. This will allow a fire pumper, positioned on the finished road surface, using one section of standard hard suction hose, to easily reach the draft pipe. As an alternative, the developer may provide a paved apron adjacent to the roadway adequate for the parking of Fire Department apparatus. This paved apron must be a minimum of 12 feet with a maximum 8% slope.
(9) 
All above piping shall be primed and then painted red for suction with a six-inch female NST fitting adapter, white for vent and yellow for fill, by the installer before the tank is approved for service and filled. The contractor installing the tank shall also install a "No Parking" sign at a location specified by the Fire Department. The sign and installation shall be at the expense of the developer.
(10) 
The installation shall be made with consideration of the winter temperatures. Steps will be taken to ensure the piping and water in the tank will not freeze during extended periods of below-zero weather.
D. 
Administration.
(1) 
The developer shall file an application for an underground cistern permit with Inspection Services.
(2) 
The installation of the cisterns shall be incorporated into the development agreement in accordance with § 235-15I (Infrastructure design/plat compliance review). The development agreement shall be approved by the Board of Public Works and the Common Council and shall be executed prior to any work commencing.
(3) 
The developer or contractor installing the tank shall post with the City a surety instrument (cash escrow deposit), in an amount as established by the City, to be held by the City until the tank has received final Fire Department approval.
(4) 
Acceptance. The adequacy of such facilities and improvements and their proper installation shall be subject to review by the Department of Community Development and Fire Department prior to submittal of the final plat.
(a) 
The Director or designee shall make a determination of the developer's compliance with the terms of the development agreement, City ordinances, and the City's Developer's Handbook.
(b) 
The City of New Berlin holds the right to deny acceptance of any public improvements if the Director of the Department of Community Development and/or Fire Chief finds that the cistern has not been constructed per the approved plans, accepted City of New Berlin standards and practices, or accepted engineering practices.
(c) 
The developer's engineer shall certify that all plans and specification prepared by the engineer meet the standards as described in the development agreement. The developer's contractor shall also certify that all construction performed by the contractor has been installed according to plans and specifications previously approved by the Fire Department and/or Department of Community Development.
(d) 
The developer shall submit a letter to the Director, with lien waivers attached, for acceptance of improvements.
(5) 
Upon final City approval, cisterns shall be filled by the developer.
(6) 
Maintenance. Once installed and approved by the Fire Department, the Fire Department shall be responsible for the maintenance and filling of the cistern. The Fire Department shall inspect the water cisterns in the spring and fall of each year.
A. 
Purpose. This section is enacted so that adequate land is set aside and preserved for the development of streets, public parks, recreation, open space, and municipal water and sewer facilities. It is also intended that this section will ensure the proper size and location of these public facilities and ways as the City develops to allow for the adequate provision of future services to serve the needs of a growing community. Various committees, including, but not limited to, the Board of Public Works; Plan Commission; Utility Committee; etc., are responsible for reviewing and making recommendations to the Common Council.
B. 
Dedication of roadways, pedestrian trails, and drainageways. Whenever a proposed subdivision/CSM encompasses all or any part of a roadway, pedestrian trail, drainageway, waterway or any other public way that has been designated on and adopted by a City of New Berlin, Waukesha County, regional or state plan, such public way shall be made a part of the plan and dedicated or reserved by the applicant on such plat or component as set forth in this section at no cost to the City.
C. 
Dedication of public sites, open spaces and trails.
(1) 
Required. In the design of a plat or CSM, due consideration shall be given to the location of suitable sites for adequate provision of public sites and open spaces. Whenever a proposed subdivision or CSM encompasses all or any part of a planned or needed park, playground, recreational area or trail, public safety or general government building site, open space or any other public site and has been designated so on an adopted City of New Berlin, Waukesha County, regional or state plan, the applicant shall pay the public site, open space and trail fees as provided in this section or may dedicate or reserve such public site or open space on such plat or CSM as provided in this section, at the discretion of the Common Council.
(2) 
Dedication and reservation of sites option:
(a) 
Whenever public sites or open space as defined in Subsection C(1) are planned for the site, public lands may be dedicated with the approval of the Common Council to the public. The value of the land dedicated shall be equal to or more than the public site and open space fee. If the land value is less, the public site and open space fee shall be paid in accordance with § 235-34C(3)(b)[3].
(b) 
Whenever a proposed subdivision contains more land designated for public purposes than the requirement in Subsection C(2)(a), the excess land of required dedication shall be reserved for a period not to exceed three years from the date of the recording of the final plat or CSM. This time frame may be extended by mutual agreement to allow for the purchase by the public agency having jurisdiction on the basis of the raw or undeveloped land price.
(c) 
If the excess land of required dedication is not acquired within the three-year time period as set forth herein, the land shall be released from reservation to the owner.
(d) 
The value of the land dedicated shall be determined by mutual agreement between the City and applicant. If the value of such land cannot be determined satisfactorily by the City and the applicant, an appraisal board shall determine the value. The appraisal board shall include the following:
[1] 
One appraiser selected by the applicant at his or her expense;
[2] 
One appraiser selected by the City at its expense; and
[3] 
One appraiser selected by the first two appraisers. The cost of the third appraiser shall be divided equally between the property owner and the City.
(3) 
Public site and open space fee option.
(a) 
If any of the following conditions exists, a fee for the acquisition and development of other public sites or open spaces to serve the future occupants of the proposed subdivision or CSM shall be paid to the Director of Finance prior to the final approval of the plat or CSM by the Common Council.
[1] 
The proposed subdivision or CSM does not encompass a proposed public site or open space;
[2] 
The City determines no public site or open space land is needed within the proposed subdivision or CSM; or
[3] 
The public site or open space land dedication is less than the established dedication schedule.
(b) 
Fees.
[1] 
The public site and open space fee shall be as on file with the City Clerk.
[2] 
These fees should be adjusted by the Common Council over time to follow the rising cost of raw land.
[3] 
If any land is dedicated, the fees will be reduced by the value of the land dedicated.
[4] 
(Reserved)
[5] 
The fees being imposed hereunder shall be used solely in accordance with § 66.0617, Wis. Stats., and specifically to fund the acquisition or initial improvement of land for public parks. For purposes of this section, the improvement of land shall be defined as grading, landscaping, installation of utilities, construction of sidewalk, installation of playground equipment or any construction or installation of restroom facilities on land intended for public purposes.
(4) 
Phased development.
(a) 
Where phased development of a subdivision is approved by the City, the City may limit payments in lieu of dedication to be calculated on the area being developed at that time.
(b) 
The fee is due and payable before final approval of that phase or portion of the development.
(c) 
As each subsequent phase is brought forward for final development, a public site and open space fee shall be calculated for that portion of the development, based on the fee rate and dedication schedule at the time of the final approval.
(d) 
In the case of multifamily or a planned unit development, the Common Council may allow the fee to be collected at the time each individual building permit is issued.
(5) 
Use of fees. Public site and open space fees collected by the Director of Finance shall be placed in a separate account, and said funds shall be used exclusively for the acquisition of public land and development or preparation of public land within the City consistent with approved plans or amendments.
(6) 
Further division. Where the lot or parcel for which payment has once been made is further divided, payment shall be required only for the additional lots, parcels, or units created.
(7) 
Time for dedication or payment. The required dedication or payment shall be made before the certification of final approval may be affixed to the final plat or before a building permit may be issued in the case of a multifamily or planned unit development.
(8) 
Exception. No public sites and open space payment shall be required for a parcel on which a permanent residential house has existed and been occupied for at least one year prior to the date of the division.
A. 
An impact analysis shall be prepared that will address how those infrastructure issues will be resolved financially both on site and off site, to the City's border, and how the impacts will be mitigated.
(1) 
The developer's review must identify how all on-site and off-site infrastructure impacts are to be addressed, including plans for improvements or agreements to financially participate.
(2) 
Financial impact analysis.
(a) 
(Reserved)
(b) 
The developer must identify unusual demands for municipal services or needs based upon proposed uses.
(c) 
The developer must identify proposed payments to offset municipal expenses.
(3) 
Developments, projects, plats, or submittals that have not fully identified how they will make all necessary improvements to rectify all infrastructure and financial impacts for capital and operating expenses or have not made arrangements to make payments to offset municipal expenses shall be returned as incomplete submittals.
B. 
Waiver. The Plan Commission may waive some or all of the impact analysis where it determines no obvious impacts or in cases where a redivision of land would make an impact analysis unnecessary.