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Section 33-32 Utility and Street Improvements. <br /> <br />(j) A subdivider or developer of land shall pay to the City <br />the pro rata share of the cost of providing reasonable and <br />necessary sewerage, water, and drainage facilities, located <br />outside the property limits of the land owned or controlled by <br />the subdivider or developer but necessitated or required, at <br />least in part, by the construction or improvement of the <br />subdivision or development, subject to the following: <br /> <br />(1) <br /> <br />NO such payment shall be required until such time as <br />the City shall establish a general sewer, water, <br />and drainage improvement program for an area havinq <br />related and common sewer, water and drainage <br />conditicns and within which the land owned or <br />contrclted by the subdivider or developer is <br />located. <br /> <br />(2) <br /> <br />Such share shall be limited to the Droportion of <br />such total estimated cost which the increased sewage <br />flow, water flow, and/or increased volume and <br />velocity of storm water runoff to be actually caused <br />by the subdivision or development bears to total <br />estimated volume and velocity of such sewage, water, <br />and/or runoff from the applicable area having an <br />established general improvement plan as required by <br />subsection (j) (1) mbove. <br /> <br />(3) <br /> <br />In lieu of any such payment, the subdivider or <br />developer shall execute and file with the City <br />Engineer an agreement and bond with surety, <br />satisfactory to the City Attorney, equal to the <br />estimated costs, as established by the City <br />Engineer; of s~ch improvements conditioned upon <br />payment at the commencement of construction of the <br />facilities. An irrevocable letter of credit issued <br />by a bank in a form approved by the City Attorney <br />may also be accepted under the same terms and <br />conditions applicable to bonds. <br /> <br />(4) <br /> <br />Any payments received shall be kept in a separate <br />account for each of the individual established <br />improvement programs until such time as they are <br />expended for the improvement program. <br /> <br /> 4. That Section 33-59 of the Code of the City of <br />Portsmouth, Virginia, 1988, be amended to read as follows: <br /> <br /> <br />