Article III — RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS

Cross reference— Subdivisions, ch. 26; zoning, ch. 30.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Developer means any person establishing, enlarging, altering or improving any commercial, industrial or residential structure or use within the city.

Property means any lot, parcel of land or portion thereof in the city.

Trafficways plan means the trafficways plan adopted as a part of the master plan of development for the city by Resolution No. 449, together with any subsequent revisions or amendments.

(Code 1968, § 8-14)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

Commercial or industrial construction.

(1)

Any developer wishing to construct, during any 12-month period, commercial, industrial or other nonresidential improvements or additions to any existing structure equal in value to more than 25 percent of all existing improvements on the site must provide all necessary rights-of-way and curb, gutter, sidewalk, street paving and driveway approaches meeting the standards of new street improvements in accordance with the trafficways plan; street trees in accord with the city street tree master plan; and such drainage structures as may be required by the public works director.

(2)

Whenever it is determined by the city building and safety director that a building is being reconstructed due to damage or destruction by wind, fire, flood or vandalism, the requirements for street improvements and street trees shall be waived. This waiver shall be granted only when the reconstruction is being done without an increase in the building floor area.

(b)

Residential construction.

(1)

Any developer wishing to construct a single-family residential structure on an existing vacant lot must provide all necessary rights-of-way and curb, gutter, sidewalk, street paving and driveway approaches meeting the standards of new street improvements in accordance with the trafficways plan; street trees in accord with the city street tree master plan; and such drainage structures as may be required by the city engineer.

(2)

Whenever it is determined by the city building and safety director that a building is being reconstructed due to damage or destruction by wind, fire, flood or vandalism, the requirements for street improvements and street trees shall be waived. This waiver shall be granted only when the reconstruction is being done without an increase in the building floor area.

(Code 1968, § 8-15; Ord. No. 1830, § 8(Exh. A), 6-9-20)

Cross reference— Trees and shrubs on public land, § 28-26 et seq.

(a)

Issuance of building permit; approval of utility connections. The building and safety director shall, notwithstanding any other provisions of this Code or other ordinances of the city, withhold the issuance of building permits until the right-of-way required by this article to be furnished has been furnished and provisions acceptable to the public works director have been made for the installation of the curb, gutter, sidewalk, street pavement and concrete driveway aprons as required by this Code. The building and safety director shall, notwithstanding any other provisions of this Code or other ordinances of the city, withhold final approval and acceptance of final clearance of public utility connections to any structure unless and until there is compliance on the subject property or land with each and every applicable provision of this Code, including chapter 5, chapter 15, this chapter and chapter 30, and any other applicable provision of this Code or the laws of the state, or other valid or use condition imposed by the mayor and city council or planning commission relating to the subject property or land.

(b)

Extension of time. The city council may grant an extension of time for the completion of improvements upon the condition that the developer furnish a satisfactory faithful performance bond or similar acceptable guarantee to ensure the work has been done.

(c)

Exception. Whenever building permits are issued for the sole purpose of modifying an existing residence to conform with current city building codes, and for as long as the occupancy use remains single-family residential, the provisions of this article shall not apply, provided that the exterior frame is not modified so as to enlarge the structures.

(Code 1968, § 8-17)

(a)

If, for engineering reasons as determined by the public works department, the construction of the improvements described in this article cannot be performed at the time required in this article, the developer shall make a cash contribution to the city, in an amount to be determined by the public works director, for the future construction of the improvements, or shall furnish the city with a satisfactory faithful performance bond or similar acceptable guarantee to ensure that the work will be performed. The improvements shall thereafter be constructed when there is no longer any engineering reason preventing the construction of the improvements. The city shall use any cash contributions to pay for the cost of the improvements, or, if a faithful performance bond or similar acceptable guarantee has been furnished, shall require the developer to construct the improvements.

(b)

If, because of special or unusual circumstances other than engineering reasons, the developer believes that the construction of the improvements described in this article should be deferred, the developer may make written application to the city council for the deferment of the construction of the improvements. Upon the receipt of any such application the city council shall determine whether the special or unusual circumstances warrant the deferment of the construction of the improvements. If the deferment is found to be warranted, the city council may, at its own discretion, grant a deferment. Any deferment granted by the city council shall specify the length of time of the deferment, which shall in no case be for more than one year unless extended by subsequent action of the city council. If a deferment is granted, the developer shall make a cash contribution or furnish a satisfactory faithful performance bond or similar acceptable guarantee as required in subsection (a) of this section.

(c)

Where curbs, gutters, sidewalks, concrete driveway approaches, street paving or drainage structures are required by this article to be installed or reinstalled in accordance with the trafficways plan, and the existing curb along the property being developed is not less than 36 feet from the centerline of a designated major divided highway, the developer may relocate the improvements as required or he may provide the city with a cash deposit in the amount as determined by the public works director for the estimated cost of the work necessary for conformance with the trafficways plan. If the developer chooses to provide the cash deposit, improvements may be deferred until either the developer requests that the improvement be installed or until at least 50 percent of the frontage on any block has had improvements installed in accordance with the trafficways plan or has had deposited with the city funds for necessary improvements.

(Code 1968, § 8-18)

Secs. 25-95—25-120. - Reserved.