Chapter 26.12 — PUBLIC WORKS REQUIREMENTS

Public works for the purpose of this title are defined as structures, utilities and appurtenances on, above or below the ground, which have been, or are to be, installed, constructed or reconstructed for the use and convenience of the general public or the residents of the area served by such works, including, but not limited to, streets, sidewalks, surface and subsurface storm drainage facilities, street lighting, sanitary sewerage facilities, gas, water, electric and telephone services, street signs, easements and drainage grades on private properties abutting, or having any effect upon, such public works. (1941 Code § 1966, Ord. 541, (1953))

Structural design details, methods and materials are not specified in this code. Such details shall conform with "standard specifications" for the construction of public works as are compiled by the city engineer. Such specifications may be changed from time to time at the option of the city engineer, but such changes shall in no way affect the validity of regulations or requirements contained herein. (1941 Code § 1966, Ord. 541, (1953))

Prior to commencing construction of public works, complete plans and specifications shall be submitted to the city engineer on standard size sheets for his or her examination and determination of conformity with the regulations and requirements of this code and the "standard specifications." A minimum period of 30 days shall be allowed for such examination and determination. Failure of plans or specifications to conform with the requirements and regulations may prohibit the construction of such proposed public works. Construction shall not be contracted for or commenced until the city engineer shall have signified his or her approval thereof, in writing, either on such plans and specifications, or otherwise. (1941 Code § 1966, Ord. 541, (1953))

In the event that the city engineer rejects, or orders a modification of, such plans, the developer or subdivider may file an application for a variance with the city clerk. The application shall be set for hearing before the city council in not less than 10, nor more than 30 days following such filing. Notice in writing shall be given to the applicant, and to such other persons as may be interested at least 10 days prior to such a hearing. (1941 Code § 1966, Ord. 541, (1953))

At such hearing the council shall hear applicant and such other persons as may be interested in such application and may require such testimony and evidence as it may deem pertinent to the matter. On conclusion, the council may grant or deny such variance, or make such order for modification as it may deem advisable. (1941 Code § 1966, Ord. 541, (1953))

No such variance shall be granted unless the council has found all of the following to be true:

(a) That there are exceptional or extraordinary circumstances or conditions applicable to the proposed plan or works, which do not apply generally to plans or works of a similar character, so that a denial would result in undue property loss;

(b) That such variance would be necessary for the preservation and enjoyment of a property right of the applicant;

(c) That the granting of such variance would not be materially detrimental to the public health, safety and welfare, or injurious to the property or improvements of other property owners or the quiet enjoyment of such property or improvement. (1941 Code § 1966, Ord. 541, (1953))

The decision of the council shall be final and binding on the applicant. (1941 Code § 1966, Ord. 541, (1953))

In the event that such variance is denied, or that an order for modification thereof has been made and applicant is unwilling or unable to comply with such an order, applicant shall be barred for a period of one year from the date of such decision from filing a new application for the same or similar variance. (1941 Code § 1966, Ord. 541, (1953))