12-7 ROAD DEDICATION AND IMPROVEMENT.

In enacting this Article the Town Council finds that the Town has experienced explosive increases in population and motor vehicle operation, and extensive changes from the former predominantly agricultural uses to land development for highactivity purposes other than agricultural with attendant building construction, which factors directly result in rapidly rendering the present internal road system inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, which inadequacy is growing at an increasing rate. The indirect result of these factors of change and growth is to increasingly tend to deny to the public the use of roads of minimum standards for safe and convenient vehicular and pedestrian access and travel between many points inside and outside the Town.

The Council further finds that the total cost of correcting Town road system deficiencies substantially exceeds the total funds available to the Town for this purpose, and that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of the Town roads when and as the development of land as aforesaid takes place, the citizens of this Town will early suffer a condition of blight with pernicious effect upon the economic welfare, public convenience and general prosperity of the Town.

Therefore, the provisions of this Article are intended to define the requirements and procedures for the dedication of rightof-way and the improvement of those roads shown in the circulation element of the General Plan of the Town of Danville, in connection with the issuance of building permits or land use permits in certain land use districts in order to accomplish the objectives set forth in subsection 12-7.4.

The objects of these provisions are:

a. To insure conformity to the Subdivision Map Act and to Chapter XXXI, Subdivision, and to extend the application of the basic requirements thereof to land development in which no subdivision is involved;

• b. To spread the costs of required public improvements upon the abutting properties as contemplated by law;

c. To cause the installation of those improvements necessary to properly serve the property developed, at the time of its development, so that the benefited property may enjoy the use of such improvements throughout the normal life thereof, and so that such improvements are not indefinitely deferred to the detriment of the public interest, safety and welfare;

d. To protect the public’s vested interest in the preexisting capacity of the Town’s streets and highways, and to provide a policy for public participation in the widening and improvement of streets and highways when necessitated by development of abutting property;

e. To prevent the dissipation or improper use of the Town’s general operating and maintenance funds in providing these improvements or in maintaining faulty or substandard installations; and

• f. To protect the public health, safety, living standards and common welfare of the general public.

No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot in any district set forth in subsection 12-7.6 or on any lot where a variance or land use permit is conditioned on compliance with this

chapter, if such lot abuts a principal thoroughfare or arterial as shown on “The City Major Roads Plan,” unless the one-half (1/2) of the planned road which is located on the same side of the road’s center (as shown on the Plan) as such lot has been dedicated and improved for the full frontage width of the lot, or such dedication and improvement has been assured.

This section shall be applicable to the following zoning districts:

F-R, F-1, M-1, M-2, M-3, M-4, T-l, P-1, N-B, planned N-B, R-B, special R-B, G-1, C, O-1, A-O, C-M, W-3, L-1 and H-1.

a. The maximum area of land required to be dedicated in accordance with this section shall not exceed twenty-five (25%) percent of the area of any such lot which was of record in the County Recorder’s office, as of April 1, 1971.

• b. Unless a variance is granted, no dedication shall be required by this section which reduces the lot below:

1. The minimum for the zoning district involved or as required in Chapter XXXII, Planning and Land Use; or

2. A width of fifty (50’) feet; or

3. An area of five thousand (5,000) square feet.

c. No dedication shall be required of any land under a building (as defined in Chapter XXXII, Planning and Land Use) which existed on April 1, 1971.

No additional improvements shall be required on a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present road right-of-way contiguous thereto; but additional right-of-way may be required to be dedicated to conform to future road widths.

After March 31, 1971, no person shall erect any building or structure within the area(s) required to be dedicated by this section.

The provisions of this section shall not apply to the following construction:

• a. One (1) single family dwelling (with customary accessory buildings) when erected on a vacant lot;

b. Additions, and accessory buildings incidental, to a residential building legally existing on a lot, if no additional dwelling units are created; or

c. Additions, and accessory buildings incidental to a nonresidential building existing on April 1, 1971, if their total cumulative floor area is not over two hundred (200) square feet.

Any person required to dedicate land by the provisions of this section shall deliver an offer to dedicate, properly executed by all parties owning an interest, including beneficiaries and trustees in deeds of trust, as shown by a current title report, furnished by the applicant, and acceptable to the Engineering Department. The offer shall:

• a. Be on a form approved by the City Attorney and the City Engineer;

• b. Be in such terms as to be binding on the owner, his heirs, assigns or successors in interest; and

c. Continue until the Town Council accepts or rejects it. The applicant shall file the offer with the Engineering Department, which (if it finds it to be in order) shall present it to the Council. Within twenty (20) days, the Council shall accept or reject the offer for recordation. If it is accepted, the Clerk shall notify the Building Department and promptly record the offer with the County Recorder.

Dedication(s) hereunder shall be considered as satisfactorily assured when the Council accepts for recordation the offer to dedicate.

12-7.13 Improvement Bond.

Any person required by this section to make improvements shall file with the City Engineer a bond in such an amount as the City Engineer determines to be necessary to complete all of the improvements required. Such bond may be either a cash bond, or a bond executed by the lot owner as principal and a company authorized to act as a surety in this State. The bond shall be payable to the Town and be conditioned upon the faithful performance of all required work; and it shall provide that if such work is not completed within the time specified, the Town may have it completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof.

On any default or failure on the part of the owner (principal) to fully, faithfully and properly do or complete any of the required improvements, the Town may have part or all of the work done, and may collect the costs caused thereby from the cash deposit (refunding any remainder) or enforce collection thereof under the surety bond.

The term of the (cash and/or surety) bond required by this section shall begin when the cash is deposited or the surety bond is filed, and shall end when the City Engineer accepts in writing the required improvements as completed to his satisfaction, after which the deposit and/or surety bond shall be refunded and/or exonerated as appropriate.

Improvements hereunder shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond hereunder or accepts the required improvements as completed to his satisfaction; and he shall notify the Building Department when improvements have been assured.

When all dedication(s) and improvement(s) required by this section have been satisfactorily assured, a building permit may be issued.

Notwithstanding any other provisions of this Code, no fees shall be charged for any service by the Town in connection with any dedication or improvement required by this section and not a part of a subdivision or conditional use permit proceeding.