Chapter 15.18 — PUBLIC IMPROVEMENTS

Prior ordinance history: Ords. 334, 423 and 439.

In enacting this chapter, the city council finds, determines and declares as follows:

A.

That there exists within the city certain streets which are deficient in various public improvements including, but not limited to, curb, gutters, sidewalks, and street pavements.

B.

That it is the purpose and intent of this chapter to define the standards, specific requirements, procedures and other regulations and provisions relating to the acquisition of right-of-way and the construction of public improvements in connection with the use of individual lots of land in order to accomplish the following specific purposes:

To cause the acquisition or dedication of rights-of-way and the construction of public improvements, prior to the commencement of the lot use;

To ensure conformity with land use regulations for the city of Corning, and to supplement and extend the basic requirements thereunder to apply to the use of in-dividual lots of land in which no subdivision or other

division of land is involved;

To spread the costs of required public improve-ments upon the properties directly benefiting, in accordance with constitutional and statutory requirements and limitations.

(Ord. 456 §l(part), 1987).

Except as otherwise provided in this chapter, there is imposed a requirement on every lot owner(s) to whom a building permit is granted a requirement for the dedication of the right-of-way and the construction of public improvements according to the provisions of this chapter. Such dedication and installation of improvements shall be a condition of such permit.

(Ord. 456 §l(part), 1987).

additional right-of-way.

A.

The director of public works shall determine the right-of-way and public improvement requirements applicable to each lot that is subject to the provisions of this chapter in accordance with the improvement standards; provided, however, that the right-of-way dedication require-ments do not exceed twenty-five percent of the area of the lot.

B.

Any additional right-of-way over that specified in subsection A of this section required by the city for the construction of the standard street width including curb, gutter and sidewalk shall be the responsibility of the city and shall be obtained either through agreement with the lot owner(s), purchase or eminent domain proceedings. If the city council determines to acquire such additional right-of-way, the time for performance by the lot owner(s) for the construction of the street improvements required to be constructed by the lot owner(s) shall be extended for any period of delay necessary for the city to obtain necessary title to the remainder of the additional right-of—way.

(Ord. 456 §l(part), 1987).

The following shall be exempt from the provisions of this chapter:

A.

The lot owner(s) of an existing single-family residential unit who is expanding that unit by less than seven hundred fifty square feet of floor space including garage space;

B.

The owner(s) of a building that has been damaged by fire or by natural calamity who desires to reconstruct said damaged building unless, when reconstructed, such building is expanded beyond the original gross building area by:

Greater than seven hundred and fifty square feet if the building is a single-family dwelling,

Greater than one thousand square feet if the building is other than a single-family dwelling,

Or the required off-street parking is increased by more than three spaces located on the lot;

C.

Lot owner(s) obtaining building permits for swimming pool installations, carports, open patio covers, decks, signs, fireplaces and woodstoves, gas tanks, flagpoles, reroofings and window changes shall not be considered as increases in the floor area of a building.

(Ord. 456 §l(part), 1987).

A.

Public improvements, including but not limited to concrete curbs, gutters, sidewalks, aggregate base and asphalt paving shall be constructed in the manner specified by the improvement standards.

B.

In the event the owner(s) of a proposed major or minor development project is required by this chapter to install public off-site improvements, the procedure to accomplish said work shall be as follows:

Single-family Residential and Minor Commercial Projects.

a.

The owner(s) shall make application to the city for installation of curb, gutter and/or sidewalk;

b.

The owner(s) shall have the option of pro-ceeding with the project in accordance with the procedure for major commercial projects under subsection B2 of this section; or

c.

The owner(s) shall request the city to undertake the completion of the work as follows:

i.

The city shall provide the engineering design and construction staking at a cost per front foot to the owner(s) as established by the city council, on an annual basis, in conjunction with the annual bids for concrete work,

ii.

The city concrete contractor shall install the required concrete improvements at a unit cost to the owner(s) as established by the city council, on an annual basis, in accordance with the annual bids for concrete work,

iii.

The city shall prepare the subgrade for all concrete work, perform the necessary excavation and install the aggregate base and asphalt paving in the road-way adjacent to the concrete work at no cost to the owner(s); provided, however, if the sidewalk work is done by owner(s), the sidewalk excavation shall not be the responsibility of city,

iv.

Payments shall be made in accordance with Sections 12.04.060 and 12.04.070 of the Corning Municipal Code.

Major Commercial Projects and Projects Requiring the Division of Land.

a.

The owner(s) shall retain the services of a licensed civil engineer (California registration) who shall prepare and submit three sets of engineered off-site improvement plans for the proposed work. All engineering costs shall be borne by the owner(s).

b.

The owner(s) shall retain a licensed contractor (licensed in California to do the type of work required), and bear all costs for construction of the off-site improvements.

c.

At the time of the first submittal of the engineered off-site improvement plans the owner(s) shall pay a plan checking fee to the city. The amount of the fee shall be one percent of the preliminary estimated construction cost for the off-site improvements.

d.

After the off-site improvement plans and final cost estimate have been approved by the city, a complete set of approved plans shall be returned to the owner(s) or his engineer.

e.

The owner(s) shall obtain an encroachment permit from the city before commencing work within the public right-of-way. The owner(s) shall pay an inspection fee to the city at the time the encroachment permit is issued. The amount of the inspection fee shall be three percent of the final approved estimated construction cost less the amount previously paid under subdivision 2c above for plan checking.

Definitions.

a.

"Minor developments" means single-family residential homes to be built on existing lots; duplexes, triplexes and fourplexes to be built on existing lots not requiring engineered on-site and/or off-site improvement plans; business and commercial buildings to be built on existing lots not requiring engineered on-site and/or off-site improvement plans.

b.

"Major developments" means commercial projects and apartment complexes requiring engineered on-site and/or off—site improvement plans, and projects requiring the division of land.

c.

"Front foot (frontage)" means boundary lines of a lot abutting a street, or streets.

d.

"Preliminary cost estimate" means the estimated construction cost of the off-site improvements, as prepared by a licensed civil engineer, at the time of the first submittal of the off-site improvement plan.

e.

"Final cost estimate" means the estimated construction cost of the off-site improvements, as determined by the director of public works after review of the preliminary cost estimate and/or after having approved the off-site improvement plans.

(Ord. 456 §l(part), 1987).

A.

Where the director of public works determines that special circumstances of a property are such that deferment of installation of required public improvements may be more compatible with the intent of this chapter, he may require an agreement from the lot owner(s) in lieu of installation of required improvements.

Such agreement shall be a covenant running with the land and the owner(s) shall specifically agree that when the city determines in its discretion that it is in the best interest of this particular area to install curbs, gutters and side-walks, or other urban improvements, the owner(s) or their successor(s) in interest upon notification by the city shall consent to said installation and agree to install the same upon demand of the city at their own expense or at the expense of their successor(s) in interest. The owner(s) or their successor(s) in interest shall also agree that such improvements may be installed by the city and become a lien upon the property.

B.

The building official and/or director of public works shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless all provisions of this section have been met.

C.

The provisions of this section shall be clearly stated on, or attached to, the building permit. The lot owner(s) shall accept the terms of this section as a condition of such permit.

(Ord. 456 §l(part), 1987).

Any person aggrieved by any decision made pursuant to this chapter may appeal to the city council of the city of Corning pursuant to Section 2.48.010 et seq.

(Ord. 456 §l(part), 1987).