Fresno Municipal Code Art. 2 Street Work

(a) "Asphalt concrete" shall mean a bituminous binder blended with mineral aggregate and produced at a central mixing plant;

(b) "Bituminous surface" shall mean that type of pavement consisting of a mixture of oil and native earth.

(c) "City Engineer" shall mean the City Engineer of the city acting either directly or through authorized agents.

(d) "Concrete" shall mean Portland Cement Concrete as more specifically defined in the State of California standard specifications;

(e) "Director" shall mean the Director of the Public Works Department of the city, acting either directly or through authorized agents;

(f) "Driveway approach" shall mean an area, construction or improvement between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to the private property line including sidewalk, apron section, and slopes and curb return;

(g) "Plant-mixed surfacing" shall mean asphalt concrete used as a pavement;

(h) "Roadway" shall mean that portion of a street right-of-way which lies between curbs or planned curb lines;

(i) "Sidewalk area" shall mean that portion of a street right-of-way which lies between the property line and the outside edge of a gutter or gutter lip, including a driveway approach;

(j) "Standard Specifications" shall mean the standard specifications of the City of Fresno, Department of Public Works, established by the Director of Public Works and adopted by the City Council;

(k) "Street Frontage" shall mean that portion of a street upon which a property abuts;

(l) "Work" shall mean all activity and things in, on, and under public property which affect the public property;

(m) "Travel Lane" shall mean that portion of the roadway consisting generally of twelve feet of permanent pavement for the passage of one lane of traffic in a single direction;

(n) "Shoulder" shall mean a portion of permanently paved roadway consisting of four (4) feet of permanent pavement installed adjacent to a travel lane;

(o) "UGM Street Fund" shall mean a fund established from charges collected pursuant to Section 13-229 of this Code through development in the Urban Growth Management Area;

(p) "Major Street Zone" shall mean a particular zone in the Urban Growth Management Area in which charges and reimbursements are established by the Council for major streets and major street bridges.

(q) "Bridge" shall mean any structure required to be constructed as part of the major street system to traverse a watercourse which would require a pipe conduit with a diameter of greater than thirty-six inches.

(r) "Local Street" shall mean any street which is not a major street.

(s) "Major Street" shall mean an arterial or collector street, an expressway or state highway, designated as such in the circulation element of the General Plan, or as shown on any other plan of streets adopted by the Council, the County or the State. (Rep. and Added Ord. 6667, 1965; Am. Ord. 78-107, § 1, eff. 7-28-78; Am. Ord. 81-55, § 1, eff. 6-12-81; Am. Ord. 82-102, §§ 1, 2, eff. 10-22-82).

No person shall make any excavation or dig any trench, or remove or destroy in any way any curb, gutter, sidewalk or street pavement, or alter or tear up the surface, or install any sidewalk, curb, gutter, driveway approach, drainage well, street or alley pavement, sewer, pipeline, conduit, pole, tank or anything else in or upon any public street, alley, sidewalk or other public place in the city without first securing a permit from the Director and filing the bonds and insurance as hereinafter specified and required; provided that a permit shall not be required for work done under a contract let therefor by the Council; and provided further that a permit shall not be required for public utilities service installations or minor maintenance work in connection therewith, when such installation or work is done on any street prior to the installation of street surfacing. (Rep. and Added Ord. 6667, 1965).

Any person proposing to make an excavation or do any street work described in Section 13-202 which requires a permit shall file a signed application with the City of Fresno on a form specified by the City. The Council shall establish in the Master Fee Resolution a schedule of fees for filing of applications and engineering, inspection, staking, and other services to be rendered by the City in connection with work to be performed under the terms of this article. Upon the filing of an application to do street work, the applicant shall pay to the city the applicable fees. (Rep. and Added Ord. 6667, 1965; Am. Ord. 80-115, § 112, eff. 8-8-80; Am. Ord. 97-57, § 1, eff. 10-30-97; Am. Ord. 98-19, § 1, eff. 5-22-98).

(a) A permit for any street work described in Section 13-202 which requires a permit shall be issued under the provisions of this article. Upon the filing of an application, it shall be the duty and responsibility of the Director to examine the application, and in the event the excavation proposed to be made or work proposed to be done under said application is in accordance with the provisions of this article, ordinances of the city and the laws of the State of California applicable thereto, the Director shall approve the application to make the excavation or do the proposed work. In the event it shall appear that the excavation or the work is proposed to be made or done in such a manner that it will not conform to or be in accordance with the provisions of this article, ordinances of the city or the laws of the State of California applicable thereto, then and in that event, it shall be the duty of the Director to refuse to issue a permit for the doing of the work.

(b) When an emergency arises involving an immediate hazard to persons or property, so that any work must be commenced or done before it is possible to obtain the necessary permit as required under this article, the work may be commenced or done without a permit, provided that the application and permit as required by this article be made and obtained not later than the following city working day after commencement of the work.

(c) No application or permit shall be required for the installation of a pole or poles by a public utility corporation, except where a pole is removed from or placed in existing concrete work.

(d) Whenever the Council or the Board of Supervisors, whichever is applicable, has adopted a resolution of intention to construct improvements by special assessments in the city, no permit for any private work for the construction or installation of the improvements described in the resolution of intention shall thereafter be issued until the hearing of protest has been finally determined in favor of any protestants or the proposed work has been consummated.

(e) Permits for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked as required by Chapter 12 of this code. Permits for the repair of existing approaches may be issued.

(f) Whenever any work requiring a permit under this article has been commenced without first obtaining the required permit, an inspection of the work already performed shall be conducted to ensure safety and code compliance before a permit may be issued. The Director shall impose and collect the applicable permit fee and a surcharge whether or not a permit is ever issued. The surcharge shall be specified in the Master Fee Schedule. The payment of such surcharge shall not exempt any person from complying with all the provisions of this article or from any other penalty prescribed by law.

(Rep. and Added Ord. 6667, 1965; Am. Ord. 71-24, 1971; Am. Ord. 73-96, § 1, eff. 7-22-73; Am. Ord. 86-132, § 1, eff. 9-12-86; Am. Ord. 2015-27, § 1, eff. 9-28-15).

(a) It shall be the duty of the City Engineer to determine and survey and set all lines and grades for all work on all public streets, alleys, easements, and public property within the city limits, excepting improvements to be constructed by the Fresno Metropolitan Flood Control District or a public utility subject to the authority of the Public Utilities Commission of the State of California. Lines and grades determined or approved by the City Engineer in the development of subdivisions, parcel map divisions or large industrial or commercial developments may be surveyed and set by licensed civil engineers or land surveyors. The civil engineer or land surveyor approved by the City Engineer to establish lines and grades shall notify the City Engineer twenty-four hours in advance of performing any field work to assure permits have been issued and an inspector assigned to the work.

(b) The City Engineer shall keep records of all such work done by him, which records shall be and remain the property of the city and shall at all times be open to public inspection. Requests for lines and grades must be given at least twenty-four hours before the work is commenced.

(c) The Public Works Department may prepare engineering plans or specifications for any work as set forth in this article.

(Rep. and Added Ord. 6667, 1965; Am. Ord. 68-121, 1968).

(a) No permit shall be issued for making any excavation, or for doing any work described in Section 13-202 hereof, which requires a permit, until the applicant has filed a corporate faithful performance or license bond in the sum designated in the Master Fee Resolution, approved by the City Attorney and filed with the City of Fresno.

(b) A permit applicant shall have on file one or more bonds, which equal 100% of the estimated cost of the proposed work.

(c) The bonds shall provide that in the event the excavations or work done under street work permits issued therefor shall fully comply with the provisions of this article, then said obligation shall be void; but in the event the principal shall fail to faithfully comply with any of the provisions of this article then the City may direct the work to be done in accordance with the provisions of this article and the cost and expense of such work and, in the event of suit on the bond, attorney's fees and court costs shall be collectible from the principal and the surety or sureties on said bond.

(d) All bonds required by this section shall be for a period of not less than one year, except if a corporate faithful performance bond is filed by a public utility, it shall be effective until revoked. No bond shall be canceled except on thirty days' written notice to the Director.

(e) The Director may waive the requirements of this section providing that satisfactory evidence is produced that the applicant has filed a valid performance bond with the Fresno Metropolitan Flood Control District, which bond shall have the same conditions and shall be in the minimum amount required by this section.

(f) Whenever the excavation or work is to be done in connection with the initial installation of subdivision improvements under a subdivision agreement guaranteed by a bond or other improvement security, the bond specified by this section shall not be required.

(Added Ord. 6667, 1965; Am. Ord. 80-132, § 10, eff. 10-3-80; Am. Ord. 98-19, § 2, eff. 5-22-98).

(a) No person shall be entitled to a permit under this article unless and until he shall have filed and maintained on file with the City of Fresno a certification that such person carries public liability and property damage insurance issued by an insurance carrier licensed to do business in the State of California, insuring the applicant, the city, its officers, employees and agents as named insureds against loss by reason of injuries to, or death of, persons, or damages to property caused by the applicant, its agents or employees in performing any work under such permit, in the following amounts:

$50,000 for death of, or injury to, any one person in any one accident;

$100,000 for death of, or injuries to, more than one person in any one accident;

$25,000 for damages to property.

Said insurance is to provide for cross-liability between insureds and provide that the applicant's insurance is primary to any owned by the city.

(b) Public utilities and other public agencies shall not be required to file the certification set forth in subsection (a) of this section, provided the utility or agency agrees in writing to indemnify and defend the city, its agents and employees from liability arising from the work, and pay all of the city's court costs and attorney's fees incurred as a result of claims being made for damages therefor, that there shall be filed and maintained with the City, certification showing the maintenance of a satisfactory plan of self-insurance, or sufficient evidence is to be presented that the public utility or other public agency is of sufficient financial responsibility to provide the necessary indemnification.

(Added Ord. 6667, 1965; Am. Ord. 98-19, § 3, eff. 5-22-98).

(a) All work performed within a street shall be in accordance with standard specifications established by the Director, and adopted by the City Council. The Director shall prepare standard specifications for all of the work performed in public streets under this article.

(b) No more than sixty per cent of any street frontage shall be constructed with driveway openings. The Director may, under the provisions of Section 13-216, grant a deviation in the amount of frontage allowed in driveway openings and their widths along certain street frontages serving industries or manufacturing plants requiring mass transportation facilities.

(c) No building permit shall be issued for any building or structure to be erected, altered, expanded, or enlarged on any lot to the extent that the cost of such work exceeds fifty per cent of the estimated current replacement cost to replace the present building or structure in kind, unless the one-half of any street contiguous thereto has been dedicated and street improvements thereon have been provided for. In the event official plan lines have not been established, the Director shall determine all street widths for dedication to protect the public interest, safety and general welfare, providing, however, the applicant for said permit may appeal the determination of the Director to the City Council in the manner provided in Section 13-216 of this article.

(1) The maximum area of land required to be so dedicated shall not exceed twenty-five per cent of the area of any such lot which was of record on September 1, 1965, in the Fresno County Recorder's Office. In no event shall such dedication reduce the lot below a width of fifty feet or an area of five thousand (5,000) square feet.

(2) No such dedication shall be required with respect to those portions of such a lot occupied by a main building which was existing on July 1, 1965.

(3) No additional improvements shall be required on such a lot where complete asphalt concrete roadway, concrete curb, gutter, and sidewalk improvements exist within the present dedication contiguous thereto.

(d) The Director may require the owner of property adjacent to any arterial or collector street to construct the outer twelve-foot wide travel lane on the arterial or collector street section whenever the Director determines such construction is required. The Director shall use the standards set forth in Chapter 27 of Division 7 of the Streets and Highways Code in making his determination as if the provisions of that code expressly authorized such action concerning arterial and collector streets. The Director shall follow the procedures set forth in Chapter 27 of Division 7 of the Streets and Highways Code to accomplish the street work described above. The adjacent property owner may also dedicate such additional right-of-way as is necessary to construct the street improvements required by this subsection upon a Deed of Easement prepared by the city. The Director shall follow the procedures set forth in Chapter 27 of Division 7 of the Streets and Highways Code to accomplish the construction and to perfect and enforce the lien.

(1) If the property owner has not dedicated such additional right-of-way within thirty days after the city's written request for the right-of-way or completion of all protest proceeding under Chapter 27 of Division 7 of the Streets and Highway Code, whichever is earlier, then the city may acquire the right-of-way with its own funds. In that event, the cost of the right-of-way shall become a lien upon the property as herein provided.

(2) When the city acquires right-of-way because owner does not dedicate it, then the cost(s) of acquisition shall be reimbursed to the city upon subsequent development of the property, as herein provided. The amount to be reimbursed shall be estimated and recorded in a notice of potential lien applicable to the adjoining property, in the manner provided by Section 13-229(f), and reimbursed to city.

It is the intent of the city, in referring to the Streets and Highway Code in this subsection (d), to merely borrow the procedures set forth therein. The City relies on the authority it possesses under this Municipal Code and its charter in establishing the foregoing requirements.

(e) Whenever street improvements are required, the Director shall require curb, gutter, driveway approaches and asphalt concrete surfacing to be placed on an approved base for the frontage improved as follows:

(1) Major Street (arterial and collector): A distance of twenty feet from face of curb; or

(2) Local street: A distance of eighteen feet from the face of curb or to the center of the street, whichever is greater.

If the adjacent portion of the street have not been constructed to the planned grade, the lot owner or improver shall pay the city the estimated cost of the work as determined by the Director in lieu of constructing the required street improvements.

(f) Whenever street improvements are required, concrete sidewalks, curbs, gutters, and driveway approaches shall be provided or repaired (except for damage caused by roots of trees located in city streets) along all street frontages in accordance with current standard specifications, with the following exceptions:

(1) Sidewalk Waivers. A deviation to omit sidewalks may be granted pursuant to Section 12-1018 of this Code relating to modification of subdivision requirements, or by the Director pursuant to the provisions of Section 13-216, in accordance with the following:

(i) Local Streets. Waivers of sidewalk requirements on local streets may be made in residential zone districts where the average lot size is twelve thousand five hundred square feet or more in area, and in the C-M, M-1-P, M-1, M-2 and M-3 zone districts. The approval of any such waiver shall be based upon the nature of development in the general area and not solely upon an individual property.

(ii) Major Streets. Waiver of sidewalk requirements on major streets may occur when associated with development entitlements in the M-2, M-3 and R-M zoning districts if the Director determines that it will be physically impractical or infeasible to install a sidewalk in the area, and that the waiver of the sidewalk requirement will not be detrimental to the public safety. In addition to the consideration of other criteria which may be established by the Director, a determination waiving sidewalk requirements shall not be made unless the Director finds as follows:

1. That the waiver will not presently or prospectively have a detrimental effect upon general pedestrian safety, school routes, and pedestrian traffic resulting from mass transit service.

2. That no other sidewalk exists along the same side of the major street on which the waiver is requested between the two intersecting major streets on either side of the waiver area.

3. The major street on which the waiver is requested is paved to a width sufficient that no travel lane is within eight feet of the curb along the frontage of the sidewalk waiver.

(iii) Appeal of Director's Decision. In the event a sidewalk waiver is approved by the Director, the owners of properties within a radius of three hundred feet of the exterior boundaries of the property the subject of the deviation shall be notified in writing of the decision. Such notices shall be by prepaid mail and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll. Such owners may appeal the Director's determination to grant a deviation under the provisions of Section 13-216.

(2) In the R-M District, street improvements shall be installed in accordance with the Standard Specifications of the City of Fresno for modified streets.

(3) When development may occur in stages, and only a portion of the property is to be improved, the Director may, in his discretion, allow sidewalks and driveway approaches to be confined to that portion of the street frontage abutting the portion of the property being developed, including areas used for parking of motor vehicles. This exception shall not apply if that portion to be improved is two-thirds or more of the total frontage or if fifty feet or less of street frontage would remain unimproved. When the balance of the property is improved, by landscaping or otherwise, sidewalks and necessary driveway approaches shall be required.

(4) In the case of city parks or playgrounds, curbs and gutters shall always be provided. Sidewalks may be omitted along all minor street frontages, except where playground usage requires fencing, and in these instances sidewalks shall also be provided.

(5) In the case of large developments requiring a Conditional Use Permit, or Site Plan review, under the provisions of Chapter 12 of this Code, the Director may, in his discretion, approve the installation of sidewalks in locations other than as required in the standards specifications providing that safety and aesthetic value are maintained.

(6) The Director of the Development Department shall deny the final approval or occupancy of any building until he has determined that required dedications have been made and street improvements required by this article are completed or have been guaranteed by a secured written agreement in such form and executed as required by the Director and approved by the City Attorney. The security for such agreement shall be in a form approved by the City Attorney and recommended by the Director, or by cash deposited with the city in an amount determined by the Director.

(g) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may waive, separately or collectively, the curbs, gutters, sidewalks, driveway approach or permanent paving on the portion to be improved or on the remaining portion of such lot.

(1) If street improvements waived in accordance with this subsection (g) include a driveway approach, the Director shall require that an interim driveway approach be installed in a manner approved by the Director.

(h) The street improvement requirements of this section may be waived by the Director if the Director determines that such waiver will not be detrimental to the public safety and welfare and when the purpose for the requested building permit is the reconstruction of a building destroyed or partially destroyed due to an Act of God, and when no development or expansion other than such reconstruction is to be undertaken. (Added Ord. 6667, 1965; Am. Ord. 77-27, § 1, eff. 4-17-77; Am. Ord. 78-30, § 1, eff. 4-7-78; Am. Ord. 78-190, § 1, eff. 1-19-79; Am. Ord. 82-56, § 1, eff. 7-2-82; Am. Ord. 82-58, § 1, eff. 7-2-82; Am. Ord. 82-82, § 2, eff. 9-17-82; Am. Ord. 82-105, § 9, eff. 10-29-82; Am. Ord. 83-150, § 1, eff. 12-2-83; Am. Ord. 89-41, § 1, eff. 5-19-89; Am. Ord. 90-120, § 1, eff. 12-7-90).

(a) Street improvement requirements for paving adjacent to lots with frontage on existing paved streets or alleys which are not paved in accordance with the adopted standard specifications may be waived pursuant to the procedures of Section 13-216 if the Director determines as follows:

(1) The property is zoned for residential uses.

(2) The property is located in an infill area of the city where the property in the general vicinity is substantially developed.

(3) More than fifty percent of the entire width of the street or alley upon which the property is located, between the nearest intersecting streets, is paved in a manner which is not in accordance with the adopted standard specifications.

(4) The frontage of the development constitutes less than fifty percent of the adjacent street or alley frontage between two intersecting streets, or is less than six hundred feet.

(5) The granting of the waiver will not be materially detrimental to the public welfare, safety or convenience, and will not adversely affect the rights of adjacent property owners or occupants, or be injurious to property or improvements in the area of the requested waiver.

(b) In all cases in which a waiver is granted, concrete curb and gutter must be installed in accordance with subsection (e) of Section 13-208. If the curb and gutter cannot be installed to planned line and grade without removal of existing paving, transitional pavement shall be required to conform to the new concrete improvements. Whenever concrete improvements are installed, paving shall be installed from the concrete improvements to the edge of existing paving.

(c) No waivers shall be permitted on major streets and for subdivisions or parcel maps consisting of more than four parcels. (Added Ord. 80-175, § 1, eff. 1-9-81; Am. Ord. 81-22, § 1, eff. 3-3-81; Am. Ord. 87-58, § 1, eff. 6-26-87).

(a) Sidewalk Deferrals. Deferral of sidewalk requirements may be granted by the Director pursuant to the procedures in subsection (a) of Section 13-216 if the Director finds that all the following conditions exist:

(1) The property is zoned for single-family residential uses.

(2) The property is located in an infill area of the city where other property in the general vicinity is substantially developed.

(3) More than fifty percent of the street upon which the property is located, between the nearest intersecting streets, does not have sidewalks.

(4) The street frontage of the property constitutes twenty percent or less of the adjacent street frontage between the two nearest intersecting streets.

(5) The deferral will not presently or prospectively have a detrimental effect upon pedestrian safety, school routes, handicap facilities or pedestrian traffic resulting from mass transit service.

(b) Concrete Improvement Deferrals. Deferral of concrete improvement requirements, including curbs, gutters and driveway approaches, may be granted by the Director pursuant to the procedures in subsection (a) of Section 13-216 if the Director finds that all the following conditions exist:

(1) The property is zoned for single-family residential uses.

(2) The property is located in an infill area of the city where other property in the general vicinity is substantially developed.

(3) More than fifty percent of the street upon which the property is located, between the nearest intersecting streets, is not improved in accordance with the Standard Specifications.

(4) The frontage of the property constitutes twenty percent or less of the street frontage between the two nearest intersecting streets.

(5) Construction of the concrete improvements is not needed to eliminate existing drainage problems.

(6) Sidewalks do not exist in the area or are also deferred pursuant to subsection (a) of this section.

(7) The deferral will not presently or prospectively have a detrimental effect upon pedestrian safety, school routes, handicap facilities or pedestrian traffic resulting from mass transit service.

In addition to the above, the Director may also grant a deferral of concrete improvement requirements if he determines that the improvements cannot be constructed to permanent grade without major reconstruction of an adjacent street.

(c) Any request for sidewalk or concrete improvement deferral pursuant to this section shall be submitted by the property owner in writing. The request shall include a reasonably detailed statement on how the property qualifies for deferral under this section. The request shall also be accompanied by a fee in the amount designated in the Master Fee Schedule.

(d) No sidewalk or concrete improvement deferral shall be permitted on major streets or for parcel maps consisting of more than four parcels.

(e) Deferral Agreement. Any deferral pursuant to this section shall be conditioned on the owner entering into an agreement with the city for future construction of such sidewalks or concrete improvements at his sole cost and expense, including but not limited to cost of inspection. The agreement shall be recorded and shall be subject to and provide for the following:

(1) Construction of improvements shall commence within ninety days after the date of written demand from the Director to construct the improvements. The demand shall be based on the Director's determination that one or more of the conditions described in subdivisions (1) through (5) of subsection (a) or in subdivisions (1) through (7) of subsection (b), as applicable, have substantially changed. The demand shall state the basis for the demand and be mailed to the owner at the address specified in the agreement.

(2) Within sixty days after written demand by the Director to construct the improvements, the owner shall provide security to guarantee construction and completion of the deferred improvements. The security shall be in an amount equal to one hundred percent of the estimated cost of completing the improvements and shall be in the form of cash, a certificate of deposit assigned and payable to the city, an irrevocable straight letter of credit, or other form acceptable to the Director and the City Attorney. The security shall be maintained in full effect at all times until the improvements are completed and accepted by the City.

(3) The owner shall not protest the formation of any assessment district to finance construction or acquisition of the deferred improvements.

(4) If the owner fails to construct or complete the deferred improvements within the time required by the agreement, the city may, but shall not be obligated to, construct and complete the improvements. The owner shall be fully responsible for all costs incurred by the city in connection with completion of the improvements. A final accounting of such costs, when confirmed by the Director and recorded in the official records of the County, shall be a lien on the property. The owner shall be given written notice of the costs, by certified mail, at the most recent address on file with the Director or, if none, at the owner's address shown on the last equalized assessment roll. If the owner does not pay the costs in full within thirty days after the date of such notice, interest shall accrue on the unpaid costs at the maximum legal rate from the date the accounting of the costs was confirmed. The lien shall not be released until all such costs, including accrued interest, are paid in full, according to terms specified in the agreement. The remedy provided in this subdivision (4) shall be in addition to and without limitation on any other rights or remedies that may be available to the city, including but not limited to the right to resort to any security submitted by the owner.

(5) Appeal. The owner may appeal the Director's demand for construction of the deferred improvements to the Council, but only to the extent such demand is based on the Director's determination that the condition described in subdivision (5) of subsection (a) or subdivision (7) of subsection (b), as applicable, has substantially changed. The appeal must be received by the Director within fifteen days after the date of the written demand for construction from the Director. The appeal shall be in writing and state in reasonable detail why the appeal should be granted. Upon receipt of a proper appeal within the fifteen day period, the Director shall set aside the demand for construction of the deferred improvements and set the matter for hearing before the Council within thirty days after the date of filing the appeal. Notwithstanding the above, a demand for construction of deferred improvements made in conjunction with an assessment district shall not be subject to appeal. (Added Ord. 88-46, § 1, eff. 4-15-88).

Before a permit of occupancy may be issued to, or a building may be occupied by, any person, the property owner shall remove any unused existing driveway approaches and reconstruct the sidewalk, curb and gutter displaced by the driveway approach to coincide with the adjacent sidewalk, curb and gutter in accordance with the provisions of this article. (Added Ord. 6667, 1965).

(a) All work of excavation or backfilling in a public street shall be done as quickly as possible. Not more than 600 linear feet of trench shall be open ahead of any sewer, pipe line or conduit in any street or alley, except that upon written permission of the City Engineer such trenches may be opened for a distance of not more than 1,200 linear feet where public traffic will not be seriously inconvenienced. No excavation or trench shall be opened and left open more than twenty-four hours before the installation of the sewer, pipe line or conduit which is to be placed in said excavation or trench; and the backfilling of said excavation or trench shall be completed within twenty-four hours after the installation of the facility for which the excavation was made, excepting that portion of the trench or excavation to be used for connecting the extension of the installation, provided said portion is adequately barricaded and protected and then backfilled the following working day. Excavations or trenches for poured in place concrete pipe may remain open for a period not to exceed seven days, providing said excavations or trenches are adequately barricaded and access is provided for abutting property owners and at all street intersections.

(b) Where an excavation or trench crosses a street or alley intersection, the excavation and backfilling shall be completed within twenty-four hours, or bridging capable of supporting vehicular traffic shall be provided for access across said excavation or trench.

(c) An excavation within a street or alley for the purpose of boring or jacking pits or for the installation of structures shall be properly barricaded and protected and may be left open for a period of seven days and then must be backfilled, unless an extension of time is approved by the Engineer in writing. (Added Ord. 6667, 1965).

(a) When an excavation or trench is in a street or alley, it shall be repaired, backfilled and surfaced in accordance with the standard specifications established by the Director and adopted by the City Council.

(b) When a pole has been removed from any street, alley, sidewalk or other public place, the hole in the case of concrete or asphalt concrete, shall be made even by saw-cutting and then shall be refilled and compacted as specified for the back-filling of trenches in the standard specifications. The surface of the hole shall conform to the same type of surfacing as then exists in the same manner as specified for resurfacing of trenches and made to conform to the same appearance as that of the surrounding area. (Added Ord. 6667, 1965).

(a) All work described in this article shall be done in accordance with the regulations provided in the City and County of Fresno Traffic Control Manual dated 1963 as the same may be amended or revised.

(b) It shall be the duty of any person making any excavation or doing any work in any public street, alley, easement or other public place to provide and maintain such fences, barriers, signs, lights and watchmen as may be necessary to prevent avoidable accidents to the public. Such person shall also provide for the elimination of dust during the period of construction. The City reserves the right at all times to determine the adequacy and sufficiency of all safety measures, barriers and dust prevention measures, but does not hereby assume responsibility or liability therefor.

(c) The Director and any contractor or other person lawfully excavating, repairing or otherwise improving the whole or any portion of any street, alley, easement or other public place in the city may place barriers around or about the whole or any part of such street, alley, easement or other public place being so repaired, replaced or improved, in order to keep travel and traffic off the area under work. No person, except an employee of the city, emergency vehicle driver or employee of the street work permittee, shall remove any such barrier or barriers so placed or maintained, nor drive over or upon any portion of such street, alley, easement or other public place so enclosed or protected by such barrier or barriers, nor walk upon any portion thereof in such manner as to injure or damage the improvement or repair being made thereto. Notices of intention to place such barriers shall be given by the agency or contractor engaged in excavation or other work to the Chief of the Fresno Fire Department and the Chief of Police of the Fresno Police Department not later than twenty-four hours before such barriers are placed if such barriers shall block off more than eight feet of the width of any street between curb lines.

(Added Ord. 6667, 1965).

It shall be the responsibility of the Director to enforce the provisions of this article and to inspect all work done under the provisions hereof. The Director shall at all times have access to the work being done and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.

(Added Ord. 6667, 1965).

(a) The Director may grant, in writing, deviations from the requirements of this article when the granting of deviation will not be materially detrimental to the public welfare, safety or convenience, and will not adversely affect the rights of adjacent property owners or occupants or be injurious to property and improvements in the area in which the deviation is requested, and when he finds that the requirements of this article will work unnecessary hardship upon the applicant, and there are exceptional or extraordinary circumstances or conditions applicable to the applicant's property or to the intended use of the property which do not apply generally to other properties in the area. Deviations shall be requested by the property owner of property affected or by the permittee if the deviation does not affect any particular private property. The Director shall make his determination and inform the applicant of his decision and of the applicant's right to appeal, in writing within fifteen days after receipt of a deviation request. The determination of the Director may be appealed to the Council within thirty days after the appellant has been informed of the determination in writing or by notation upon and delivery of his plans or building permit. The appeal shall be in writing, filed in duplicate, and shall refer to the determination complained of, and set forth the reasons for the appellant's objections thereto and the facts upon which he bases his reasons. Upon receipt of an appeal, the City Clerk must set the matter for hearing before the Council not less than ten nor more than thirty days thereafter, and shall deliver a copy of the appeal to the Director and give written notice of the hearing date and place to the appellant and the Director. The Council may affirm, modify, or reverse the determination or dismiss the appeal therefrom, as may be just. The hearing before the Council shall be conducted informally, may be continued, and the Council shall render its decision within fifteen days after the close thereof. The decision of the Council shall be final.

(b) The Director of Public Works may permit postponement of any or all of the improvements required by this article when plans have been formulated for a federally assisted neighborhood improvement program which will accomplish or financially aid accomplishment of the installation of said improvements, and the owner enters into a recordable written agreement in a form approved by the Director waiving the owner's right to protest the formation of an assessment district to construct said improvements and waiving his rights for time payment for the cost to construct said improvements should said program not proceed within three years and the Director of Public Works causes the improvements to be installed at the owner's expense as provided for in Chapter 27 of Part 3 of Division 7 of the Streets and Highways Code.

(Added Ord. 6667, 1965; Am. Ord. 69-94, 1969; Am. Ord. 80-171, § 91, eff. 12-26-80; Am. Ord. 80-175, § 2, eff. 1-9-81).

The owners of lots or portions of lots fronting on any portion of a public street or place which is improved shall have the duty to maintain and repair the sidewalk area as defined in this article in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code, provided, however, that after written notice to the Director and concurrence by him/her that the condition is hazardous, the city shall make the following repairs:

(a) Repairs to the sidewalk area which are necessitated by damage caused by trees located within the street right-of-way.

(b) Repairs to gutters, including curbs if the curb and gutter are of monolithic construction.

Notwithstanding the above, the property owner shall be responsible to repair damage caused by him/her, his/her agent, or by persons acting under the property owner's direction or control. The Director shall have the power and duty of enforcing the repair and maintenance of sidewalk areas required by this Section in accordance with the provisions of Chapter 22, Part 3, Division 7 of the California Streets and Highways Code. Whenever the repair of sidewalk areas include the repair of damage to curbs or gutters, the work shall be performed by a licensed contractor. Permit applicants shall not be required to pay permit processing or inspection fees or provide liability insurance or performance bonds, notwithstanding Sections 13-206 and 13-207 herein, for sidewalk areas required to be repaired.

(Added Ord. 6667, 1965; Am. Ord. 81-55, § 2, eff. 6-12-81; Am Ord. 97-57, § 2, eff. 10-30-97).

(a) Every owner or occupant of a lot adjacent to a dedicated and improved alley shall have the duty to maintain that portion of the alley adjacent to his lot in a clean and orderly manner and to keep the alley free from those substances and obstructions identified in Sections 13-102 and 13-103 of this Code.

(b) Expressive Alleys. The Council may by resolution designate alleys within a certain geographic region to be "Expressive Alleys." These alleys shall be subject to the following regulations.

(1) Whenever physically possible, trash bins and roll-off containers shall be stored out of sight in a locked enclosure contained within their property.

(i) Owners of structures which were constructed prior to the adoption of this Section shall not be required to construct new trash enclosures.

(ii) Property owners of new construction within designated alleys may be required to construct trash enclosures.

(2) Trash bins and roll-off containers shall be placed for collection before 5:30 a.m. of the collection day, but not before 6:00 p.m. of the preceding day. The containers shall be moved back to their normal storage location by not later than 8:00 p.m. of the collection day unless authorized by the Director.

(Added Ord. 80-185, § 1, eff. 1-23-81; Am. Ord. 2018-38, § 1, eff. 7-27-18).

(a) No person shall encroach upon any public right-of-way of the city unless and until such person first obtains and maintains in force and effect a valid encroachment permit issued by the Director. The Director may issue an encroachment permit only when the following conditions have been met:

(1) The record owners of the real property adjacent to the encroachment area have executed and recorded a covenant agreement approved by the City Attorney indemnifying the city for all liability resulting from the use or occupation of the encroachment area.

(2) An application for an encroachment permit has been completed on a form designated by the Director which describes the purpose for the encroachment and the work to be done therein.

(3) Fees relating to the issuance of the encroachment permit, as established by the Master Fee Resolution, have been paid.

(4) The Director determines that the issuance of the encroachment permit will meet a legitimate purpose of the applicant, and that such purpose cannot be feasibly accomplished by any means other than through the issuance of an encroachment permit.

(5) The Director determines that the issuance of an encroachment permit will not be detrimental to the public health, safety, and welfare.

(b) The applicant shall comply with all additional terms, conditions, and restrictions incorporated within the permit and/or covenant which the Director may impose.

(c) Issuance of an encroachment permit shall not relieve the applicant from the obligation of obtaining a street work permit pursuant to Section 13-202 for any work to be done in the public right-of-way contiguous to, or within, the area of the encroachment.

(d) The Director shall revoke any encroachment permit upon determining that the applicant has failed to comply with one or more of the terms, conditions, or restrictions incorporated in the permit or the covenant and shall order the removal of all structures from the encroachment area. This Subsection shall not apply to Subsection 12-328(F) of the Outdoor Dining Ordinance.

(e) The decision of the Director, or any term, condition, or restriction imposed, may be appealed to the Council pursuant to the provisions of Section 13-216 of this Code.

(Added Ord. 79-80, § 1, eff. 6-1-79; Am. Ord. 80-115, § 113, eff. 8-8-80; Am. Ord. 2014-17, § 2, eff. 4-18-14).

The owner of lots or portions of lots abutting on any portion of a public street, alley or easement shall be responsible for the maintenance of downspouts, elevators or other installations made in or under any part of the street, alley or easement for the benefit of such property, and for any repairs which may be necessary to the street, curb, gutter, sidewalk or utility by reason of such installation. Whenever the Director determines that repairs are necessary, he shall give notice to the property owner to make such repairs, using the procedure prescribed in Chapter 22, Part 3, Division 7 of the California Streets and Highways Code for the maintenance of sidewalks, and the procedure prescribed in such sections shall apply to such repairs and the collection of the cost of such repairs.

(Added Ord. 6667, 1965).

No person shall have, build or maintain any canal, ditch, flume or artificial stream or conduit for water within or upon any street or public place within the city without the same being covered and enclosed in a safe, solid and substantial manner, with sound and durable material, approved by the Director. Whenever the Director shall discover any such ditch, flume or artificial stream, or conduit of water uncovered, and in such condition as to be anywhere inconvenient, dangerous or injurious or a nuisance to the public in any manner, he shall give one day's notice in writing to the person having or maintaining such canal, flume or artificial stream or conduit of water, such notice to specify what shall be done by said person to render such canal, ditch, flume or artificial stream or conduit of water safe; then such person shall within thirty days cause the same to be covered and repaired in the manner directed by the Director.

(Added Ord. 6667, 1965).

No person shall run, or stretch or maintain, through, along or across any street any wire, cable, rope, cord, flag, banner or similar thing with less clearance than eighteen feet above the street, and all such installations shall be in compliance with and subject to the conditions of the Public Utilities Commission of the State of California, its rules for "Overhead Line Construction" — General Order No. 95, and any applicable ordinance or regulation of the city.

(Added Ord. 6667, 1965).

Whenever any subsurface, surface, or above surface obstruction existing in, on, or above any public right of way within the city interferes with, obstructs, or would obstruct, any public improvement, or proposed public improvement, of such right of way, such obstruction shall constitute a public nuisance and may be summarily abated by, or at the direction of, the Director.

(Added Ord. 6667, 1965).

In addition to any other penalty or remedy provided by law, every person who maintains a public nuisance described in Section 13-223 shall be guilty of a misdemeanor, punishable as provided by law.

(Added Ord. 6667, 1965).

Whenever this article requires certain work, or requires that work done shall be done in a certain manner pursuant to specified rules or specifications or requires that any steps be taken to protect persons or property, by a permittee, contractor or other person, and such person fails to comply with this article, then the Director shall give such person notice as prescribed in this article or if none be prescribed, written notice given pursuant to Section 1-212 of this Code and the following provisions; the notice shall specify the failure and demand compliance with this article and state that if compliance is not achieved within thirty days of the date of the notice, then the Director will cause the work to be done and the cost and expenses thereof to be paid by such person. In the event the failure causes, in the opinion of the Director, an immediate hazard to persons or property, the Director may shorten the thirty day period or cause to be done immediately, without notice, such part of the work or steps necessary to abate the hazard. The cost and expenses of such work, together with attorney's fees and court costs in the event of a suit for collection, shall be paid by such person and may be collectible on or from any bond or other performance security provided to secure that the provisions of this article are complied with.

(Added Ord. 6667, 1965).

This article applies to all those things which, when installed, make up and become part of public streets or their substructure and to the manner of their installation, but it shall not be deemed to set standards for the materials in, type, quality, or quantity of, or method of assembly of, property of a public utility or government (such as pipes, manholes, wires, cables, underground vaults, etc.) unless the possibility of failure of the thing to be placed will endanger any property or persons and in such case the thing must be engineered so as to be safe. (Added Ord. 6667, 1965).

(a) On property at any street corner formed by intersecting streets or on a curved street, it is hereby declared hazardous, a nuisance and unlawful to install, set out, or maintain, or to allow the installation, setting out, or maintenance of any sign exempted by Section 12-1710 from the sign permit requirement, fence, wall, hedge, shrubbery, natural growth or other similar obstruction to the view, higher than three feet above the level of the center of the adjacent intersection, within that triangular area between the property lines and a diagonal line joining points on the property lines, thirty feet from the point of their intersection, or in the case of rounded corners the triangular area between the tangents to the curve and a diagonal line joining points on said tangent thirty feet from the point of their intersection.

(b) The foregoing subsections shall not apply to:

(1) Buildings and other structures for which a permit is required under the Building Code of the city, public utility poles, fire hydrants, trees trimmed to the trunk to a line at least eight feet above the level of the intersection, saplings, plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view for vehicular traffic on the curved or intersecting streets;

(2) Supporting members of appurtenances to permanent buildings existing before September 26, 1953, except as provided herein, no obstruction to cross-visibility of traffic shall be deemed to be excepted from the application of this section because of its being in existence on September 26, 1963;

(3) Official warning signs or signals at places where the contour of the ground is such that there can be no traffic cross-visibility at the intersection;

(4) Signs mounted ten feet or more above the ground or signs whose supports do not constitute an obstruction to cross-visibility of traffic. (Added Ord. 68-1, 1968; Amnd. Ord. 73-51, 1973; Am. Ord. 91-125, § 1, eff. 12-20-91).

Whenever any person neglects to conform to, or to provide that property over which he has control, conforms to the provisions of Section 13-230, the City Traffic Engineer may require, upon 20 day's written notice, such compliance. Said person may within said time object to or protest the requirements of said notice by appealing to the Council which shall hear and pass upon the appeal within 15 days. In the event non-compliance continues thereafter, the City Traffic Engineer may cause the work to be done to bring the property into compliance with Section 13-230. The work and a lien therefor shall be accomplished as provided in Sections 13-1217 through 13-1223 of this Code [1]. As used in said sections, the following words or terms shall have the following meanings:

(1) Director of Public Works, and Building Official shall mean City Traffic Engineer.

(2) Repair, demolish, demolishing or work of repair or demolition shall mean the work of bringing the property into such compliance, including all necessary and proper acts incidental thereto.

(3) Building or structure shall mean the areas of properties which are required to be in such conformance.

(4) Article 4 of Chapter 11, as used in the Notice of Lien, shall mean this section. (Added Ord. 68-1, 1968).

Footnotes:

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Editor's note— This reference was made under the 1955 Code to nonexistent code provisions.

(a) Major Street Zones. Nine major street zones, as provided by this subsection, and as defined by this article, shall be established in the Urban Growth Management Area. The Official Record Map of each zone shall be kept on file in the Public Works Engineering Division. Each lot within the Urban Growth Management Area shall be subject to the applicable fees and fee credit schedules for the particular Major Street Zone in which it is located. Said fees and fee credits shall be at the rates designated in the Master Fee Resolution.

(1) Major Street Zone "A" shall consist of all properties within the Urban Growth Management Area located north of the center line of East Nees Avenue, east of the San Joaquin River Bluff Line, and west of the centerline of North Millbrook Avenue extended to East Copper Avenue and west along the center line of East Copper Avenue to the Bluff Line.

(2) Major Street Zone "B" shall consist of all properties within the Urban Growth Management Area located east of the center line of North West Avenue, north of the center line of West Herndon Avenue, west of the center line of North Blackstone Avenue, and south of the center line of West Nees Avenue to the San Joaquin River Bluff line.

(3) Major Street Zone "C/D-2" shall consist of all properties within the Urban Growth Management Area located west of the center line of North West Avenue, north of the center line of West Herndon Avenue to North Marks Avenue, and thence north of the center line of West Shaw Avenue, and east of the right-of-way line of Freeway 99.

(4) Major Street Zone "D-1/E-2" shall consist of all properties within the Urban Growth Management Area located south of the center line of East Ashlan Avenue, and east of the center line of South Cedar Avenue.

(5) Major Street Zone "E-1" shall consist of all properties within the Urban Growth Management Area located east of the center line of North Blackstone Avenue between the center line of East Nees Avenue and the center line of East Herndon, and all the land within the Urban Growth Management Area located east of the center line of North Millbrook Avenue that does not require a financial feasibility study under the adopted 1984 Fresno General Plan.

(6) Major Street Zone "E-3" shall consist of all properties within the Urban Growth Management Area located west of the center line of South Cedar Avenue, and south of the Southern Pacific Railroad Track located at the quarter-mile point between West Nielsen and West Belmont Avenues.

(7) Major Street Zone "E-4" shall consist of all properties within the Urban Growth Management Area located north of the Southern Pacific Railroad Track located at the quarter-mile point between West Nielsen and West Belmont Avenues, and west of the Southern Pacific Railroad Track along Motel Drive.

(8) Major Street Zone "E-5" shall consist of all properties within the Urban Growth Management Area located east of the center line of North Van Ness, south of the center line of West Herndon, west of the center line of North Palm, and north of the center line of West Sierra Avenue.

(9) Major Street Zone "F" shall consist of all properties within the Urban Growth Management Area located south of the center line of East Copper Avenue, west of the center line of North Willow Avenue, generally east of the center lines of North Millbrook Avenue, North Cedar Avenue, and North Maple Avenue, and generally north of East Herndon Avenue and within the area designated by the adopted 1984 Fresno General Plan as requiring a financial feasibility study.

(b) Major Street Charge. A major street charge shall be required for each lot created by subdivision or developed within the Urban Growth Management Area, as designated on the Official Urban Growth Management Map. The charge for each Major Street Zone defined in subsection (a) of this section shall be designated annually each July first in the Master Fee Resolution per gross acre. The Major Street Charge per acre of area in the Major Street Zone shall equal the sum of the actual cost of the completed major street system subject to reimbursement and the estimated cost of the uncompleted major street system in the Major Street Zone. Area calculations shall be based upon the following:

(1) Gross acreage shall be calculated to include street right-of-way and shall include one-half of the right-of-way on boundary streets, except that areas dedicated or condemned for public street purposes for any major street shall be excluded in calculating gross acreage.

(2) Property for which the cost of major streets has wholly or proportionately been paid, when such fact has been or can be established to the satisfaction of the Director, need only be liable for the Major Street Charge applicable to the portion of the property for which the charge has not been paid.

(3) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, or when lots created by subdivision are not created for purposes of sale, lease of financing and are not presently intended for further development, the Director may require the payment of the Major Street Charge applicable only to that portion of the property developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet. When the balance of the property is developed, the Major Street Charge shall be paid in the amounts then in effect. The Director shall fix the portion of the property which is to be considered as developed.

(4) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the Major Street Charge applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

(c) Major Street Bridge Charge. A Major Street Bridge Charge shall be required for each lot created by subdivision or developed within the Urban Growth Management Area, as designated on the Official Urban Growth Management Area Map. The Major Street Bridge Charge for each Major Street Zone defined in subsection (a) of this section shall be as designated annually each July first in the Master Fee Resolution and shall equal the actual cost of completed major street bridges subject to reimbursement and the estimated cost of uncompleted major street bridges in the Major Street Zone per gross acre. Area calculations shall be made in the same manner as provided in subsection (b) for the Major Street Charge.

(d) (Repealed).

(e) Construction of Major Street, Major Street Bridge or Local Street Facilities. As a condition of development in a Major Street Zone, the construction of each of the following which is designated in the Service Delivery Plan of the development shall be required to facilitate traffic service: the center section of a major street, a major street bridge or a local street.

(f) Reimbursements. The following provisions define the reimbursement process within the Urban Growth Management Areas and Non-Urban Growth Management Areas:

(1) Whenever the center section of a major street or major street bridge is installed by a person as a condition of development within the Urban Growth Management Area, the city shall reimburse such person for the actual cost of the construction, including engineering and inspection costs, less the appropriate pro rata share of the major street charge and the major street bridge charge to be paid on behalf of all property contributing to the cost thereof, in the manner and for the period prescribed in Section 12-4.504-C of this Code.

(2) Whenever a person covenants in a form acceptable to the City Attorney to install the center section of the major street or the major street bridge within the Urban Growth Management Area, the estimated cost of construction thereof shall be credited against the major street charge or major street bridge charge, as appropriate, which is due upon granting of the development entitlement on the property contributing to the cost of the major street or major street bridge. The cost of construction of the major street shall be estimated in accordance with the credit schedules designated in the Master Fee Resolution. The estimated cost of construction of the major street bridge shall be established by the Director based on the engineer's estimate prepared in connection with the design of the bridge.

(3) In the event the actual cost of major street or major street bridge exceeds the major street charge or the major street bridge charge within the Urban Growth Management Area, the difference shall be paid from the UGM major street fund or major street bridge fund upon city acceptance of the major street or major street bridge, only to the extent that major street charges or major street bridge charges are paid on behalf of noncontributing properties served by the major street or major street bridge up to the duration of the appropriate reimbursement period, in the manner prescribed by Section 12-4.504-C of the Code, after city acceptance of the major street or major street bridge, and only to the extent that the major street charges or major street bridge charges paid on behalf of such noncontributing properties are not credited against reimbursement for other major streets or major street bridges constructed for the noncontributing properties by the person paying such charges.

(4) Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct the center section of a major street or a major street bridge which has been accepted by the city, he shall within ninety days of such acceptance file with the Director a project accounting stating the cost of acquisition and construction of the major street or major street bridge. The project accounting shall include a legal description of all properties on behalf of which contributions have been made and a statement of the proportion of the construction costs borne by each property.

(5) Following the receipt of the project accounting, the Director shall make semiannual determinations on or about each April first and October first, in the manner prescribed in Section 12-4.504-C of this Code, of the amounts to be reimbursed to the persons who constructed the major street or major street bridge within the Urban Growth Management Area as shown in the project accounting, subject to the following:

(i) Each determination shall calculate those charges which have been collected during the preceding six months for land developed within the major street zone in which the major street or major street bridge is located.

(ii) No payments or determinations may be made if the project accounting is not timely filed.

(iii) In no event shall payments be made which total more than the cost of the major street or major street bridge as shown on the project accounting.

(iv) The major street charge and major street bridge charge on the property contributing to the cost of the major street or major street bridge shall be increased or decreased, as appropriate, by an amount equal to the difference between the actual cost of construction and the fee credit established at the time of the granting of the entitlement per acre of land in the major street zone in which the property is located.

(v) No payments or determination shall be made after the end of the appropriate reimbursement period as defined in Section 12-4.501.5-F of this Code.

(vi) The priority of reimbursements shall be based upon the date the Director accepts the project accounting statement.

(vii) Reimbursements shall not be made until reimbursements are complete for major streets or major street bridges, as the case may be, which are covered by previously submitted project accounting statements.

(6) Whenever a person is required, as a condition of development in the Urban Growth Management Area, to bear the cost of acquisition of necessary rights-of-way or easements for street construction or facilities incidental thereto, or if a person is required to construct standard frontage improvements described in Section 13-208(d) of this Code or facilities incidental thereto beyond the limits of his development, which for purposes of this section shall mean the centerline of the adjacent street and property boundary lines generally perpendicular to the street centerline, then the city shall, as a condition of and prior to the development or subdivision of the property from which the right-of-way acquisition occurred or from the adjacent property on which the frontage improvements were installed, or from property which would have future responsibility for the construction, require the developer of such adjacent property which received benefit by virtue of the improvements having been previously constructed to pay to the city an amount determined by the Director, based on the project accounting, as representing the cost of street right-of-way acquisition and any construction. Such payment shall be made prior to approval by the city of any development entitlement or building permit for such adjacent property. The city shall then make reimbursements to the person who bore the initial cost of such right-of-way acquisition or improvements, or both, according to the terms of Section 12-4.504-C of this Code. However, any right to reimbursement under this subdivision (6) shall expire twenty years after city acceptance of such rights-of-way and improvements.

The above is as it applies to major streets shall apply only to standard frontage improvements accepted by the city after September 1, 1985 and only to those adjacent properties on which title has not changed or development entitlements have not been approved between September 1, 1985 and December 19, 1986.

(7) When the acquisition of an entire parcel is necessary for major street right-of-way and construction so that the person required to bear the cost thereof would not have the potential for reimbursement as provided in subdivision (6) above, the Director may authorize reimbursement from the applicable UGM Major Street Service Area Fund. The Director shall then revise the UGM Major Street Fee rate for the affected street zones to include the pro rata cost paid by such person for that portion of the property so acquired for right-of-way necessary for major street construction. The Director shall adjust the major street fee rate pursuant to this subdivision (7) only after he has received written verification of the purchase price of the acquired property. Any such adjustment by the Director shall be based solely on such verified purchase price, prorated as specified herein, when the property is acquired by such person. If the property is acquired by the city through negotiation or eminent domain procedures, such adjustment shall be based upon the actual cost thereof paid by such person to the city, prorated as specified herein.

The priority of reimbursements shall be based on the date the Council approves the adjustment in the UGM Major Street Fee rate pursuant to this subdivision (7) and the priority of reimbursements for major street construction pursuant to subdivision (5)(vi) above. No such reimbursement shall be made until reimbursements are complete for major streets or for right-of-way pursuant to this subdivision (7) which are covered by previously submitted project accounting statements or approved major street fee rates.

(8) The Director shall review the reimbursement and fee schedule semiannually following the evaluation of all project accounting statements and report to the Council with appropriate recommendations for revision of the credits and fees. The major street and major street bridge charges shall be adjusted to reflect the actual cost of major streets and major street bridges constructed and included in project accounting statements received during the previous six months.

(9) (Repealed).

(10) When reimbursements are made pursuant to this Subdivision (f), the city shall reimburse in a manner and for the period prescribed by Section 12-4.504-C of this Code.

(g) Deferral of Charges. Major street charges payable pursuant to Subsection 13-229(b) and major street bridge charges payable pursuant to Subsection 13-229(c) may be deferred until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604. (Added Ord. 78-107, § 2, eff. 7-28-78; Am. Ord. 78-171, § 1, eff. 12-15-78; Am. Ord. 80-115, § 114, eff. 8-8-80; Am. Ord. 82-82, § 3, eff. 9-17-82; Am. Ord. 82-102, § 5, eff. 10-22-82; Am. Ord. 83-163, § 2, eff. 1-20-84; Am. Ord. 84-93, § 1, eff. 7-27-84; Am. Ord. 85-37, § 1, eff. 4-12-85; Am. Ord. 85-46, § 1, eff. 5-10-85; Am. Ord. 86-179, § 1, eff. 12-26-86; Am. Ord. 87-85, § 1, eff. 8-7-87; Am. Ord. 89-85, § 3, eff. 7-28-89; Am. Ord. 91-32, § 2, eff. 5-10-91; Am. Ord. 95-38, § 2, eff. 6-9-95; Am. Ord. 2004-131, §§ 1—4, eff. 2-5-05; Ord. 2007-47, §§ 1—3, eff. 6-11-07; Ord. 2007-50, §§ 1—3, eff. 7-14-07).

(a) Purpose. The purpose of this section is to ensure the provision of grade separation structures and related street facilities, including but not limited to frontage roads, freeway off-ramps, and off-street realignments, necessary for the accommodation of vehicular and pedestrian traffic at or near railroad crossings. This section is further intended to provide a means for the levying and collecting of fees within the Urban Growth Management Area to be used for the purpose of designing and constructing such grade separation structures and related street facilities.

(b) UGM Grade Separation Service Areas. The Council may establish by resolution Grade Separation Service Areas within the Urban Growth Management Area for grade separation projects in or near the Urban Growth Management Area.

(c) UGM Grade Separation Fee. The council shall designate in the Master Fee Resolution a schedule of UGM Grade Separation Fees for each UGM Grade Separation Service Area. The total amount of fees to be generated shall be based upon an equitable allocation determined by the Council after considering the estimated amount of grant funds available from the state, county, or affected railroad company, traffic generated from future developments, gas tax revenues, and any other funds available to contribute to the engineering, design, and construction of the grade separation and related or alternate facilities. In no event, however, shall the total amount of fees generated equal less than ten per cent of the total cost of designing and constructing such grade separation and facilities. The Council may review and amend the fees set forth in the Master Fee Resolution from time to time to reflect inflation or any change in the factors which were considered in estimating the cost of designing or constructing such grade separation and related or alternate street facilities. Area calculations shall be based upon the following:

(1) Gross acreage shall be calculated to include street right-of-way and shall include one-half of the right-of-way on boundary streets, except that areas dedicated or condemned for public street purposes for any arterial or collector street shown on any master or official plan of streets and highways shall be excluded in calculating gross acreage.

(2) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Director may require the payment of the Grade Separation Fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet, or one-fourth of the lot, whichever is greater. When the balance of the lot is developed, the Grade Separation Fee shall be paid therefor. The Director shall fix the portion of the lot which is to be considered as developed.

(3) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the Grade Separation Fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

(d) Reimbursement. Reimbursement shall be made according to the terms of Section 12-4.504-C of this Code.

(e) Fees Payable at Final Subdivision Map. The UGM Grade Separation Fee allocable to any lot shall be payable upon the recordation of the final subdivision or parcel map or in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

(f) Construction of Grade Separation and Related Facilities. All Grade Separation Fees collected from development within an established UGM Grade Separation Service Area shall be deposited in a UGM Grade Separation Fund for the area in which collected. Each fund shall be used solely for the purposes of designing and constructing a grade separation structure and related facilities within the UGM Grade Separation Area in which such fees were generated, and for administration, inspection, and engineering costs of the city directly related thereto. In the event the city determines grant funds from the state, county, or railroad company are unavailable or insufficient to complete the design and construction of a grade separation and all related facilities, the fund shall be used for such alternate facilities as the Council deems most appropriate for the facilitation of vehicular and pedestrian traffic at or near the railroad crossing.

(g) Agreements. The Director is authorized to enter into any agreement acceptable to the City Attorney, which is consistent with, and promotes the purposes and goals of, this section. (Added Ord. 80-54, § 1, eff. 5-2-80; Am. Ord. 80-132, § 11, eff. 10-3-80; Am. Ord. 82-82, § 4, eff. 9-17-82; Am. Ord. 89-85, § 4, 7-28-89; Am. Ord. 95-38, § 3, eff. 6-9-95).

(a) Purpose. The purpose of this section is to ensure the provision of at-grade railroad crossings and related facilities necessary for the accommodation of vehicular and pedestrian traffic at or near railroad crossings. This section is further intended to provide a means for the levying and collecting of fees within the Urban Growth Management Area to be used for the purpose of designing and constructing such at-grade railroad crossings and related facilities.

(b) UGM At-Grade Railroad Crossing Service Areas. The Council may establish by resolution at-grade railroad service areas within the Urban Growth Management Area for at-grade railroad crossing projects within or near the Urban Growth Management Area.

(c) UGM At-Grade Railroad Crossing Fee. The council shall establish by resolution a schedule of UGM at-grade railroad crossing fees for each UGM at-grade railroad crossing service area. The total amount of fees established by such resolution shall be based upon an estimated cost of designing and constructing such at-grade railroad crossing facilities. The Council may review and amend the fees set forth in the fee resolution from time to time to reflect the actual cost of design and construction or any change in the factors which were considered in estimating the cost of designing or constructing such at-grade railroad crossing facilities. Area calculations shall be based upon the following:

(1) Gross acreage shall be calculated to include street right-of-way and shall include one-half of the right-of-way on boundary streets, except that areas dedicated or condemned for public street purposes for any arterial or collector street shown on any master or official plan of streets and highways shall be excluded in calculating gross acreage.

(2) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Director may require the payment of the at-grade railroad crossing fee applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet. When the balance of the lot is developed, the at-grade railroad crossing fee shall be paid therefor at the rate most recently established by the Council. The Director shall fix the portion of the lot which is to be considered as developed.

(3) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may require the payment of the at-grade crossing fee applicable only to the portion of such lot to be improved. The Director shall fix the portion of such lot which is to be considered as improved.

(d) Accelerated Schedule of UGM At-Grade Crossing Fees. The Council may establish by resolution an accelerated schedule of UGM at-grade crossing fees. The accelerated fee shall apply to the portion designated by Council, of the service area which is developed first and at a rate sufficient to generate funds equalling the estimated cost of the crossing.

(e) Fees Payable Upon Grant of Development Entitlement. The UGM at-grade railroad crossing fee allocable to any lot shall be payable upon the recordation of the final subdivision or parcel map or, in the absence of submittal of a map, at the time of issuance of a building permit. A developer may elect to defer the payment of such fee until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of Section 12-4.604.

(f) UGM At-Grade Railroad Crossing Fund. All at-grade railroad crossing fees collected from development within an established UGM at-grade railroad crossing service area shall be deposited in a UGM at-grade railroad crossing fund for the area in which collected. Each fund shall be used solely for the purposes of designing and constructing an at-grade railroad crossing and related facilities within the UGM at-grade railroad crossing area in which such fees were generated, and for administration, inspection and engineering costs of the city directly related thereto. In the event the city determines funds are insufficient to complete the design and construction of the at-grade railroad crossing and all related facilities, the fund shall be used for such facilities as the Council deems most appropriate for the facilitation of vehicular and pedestrian traffic at or near the at-grade railroad crossing.

(g) Construction of At-Grade Railroad Crossing and Related Facilities. The Council may require, as a condition of development in an at-grade railroad crossing service area, the construction of an at-grade railroad crossing if the development abuts the crossing or if the Council finds the vehicular traffic generated from that development results in a public safety hazard at or in the vicinity of the railroad crossing.

(h) Reimbursements. The following provisions shall apply within the Urban Growth Management Area, as designated on the Official Urban Growth Management Area Map:

(1) Whenever an at-grade railroad crossing is installed by a person as a condition of development within the Urban Growth Management Area, the city shall reimburse or credit such person for all costs in excess of that development's proportionate share of the cost of the railroad crossing. This reimbursement or credit schedule shall be based on the estimate of costs prepared by the Director for construction of such work and shall include the estimated cost of construction, engineering and inspection. The amount to be reimbursed or credited shall be credited against the at-grade railroad crossing charge to be paid on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution.

(2) In the event that credit for such property as provided by this section exceeds the at-grade railroad crossing charge, the difference shall be paid from the at-grade railroad crossing fund upon completion of the crossing, only to the extent that at-grade railroad crossing charges are paid on behalf of noncontributing properties served by the at-grade crossing up to the duration of the appropriate reimbursement period, as provided in Section 12-4.504-C of this Code, after city acceptance of the crossing, and to the extent that the at-grade railroad crossing charges paid on behalf of such noncontributing properties are not credited against reimbursement for other crossings constructed for the noncontributing properties by the person paying such charges or for other crossings which have been accepted by the city prior to the city acceptance of the subject crossing and the cost of which has not been totally reimbursed or credited.

(3) Where, as a condition precedent to approval of development in the Urban Growth Management Area, a person has been required to construct an at-grade railroad crossing which has been accepted by the city, he shall file with the Director within ninety days following acceptance of the crossing a project accounting stating the cost of construction of the crossing.

(4) For each UGM at-grade crossing service area established by the Council, following city acceptance of the crossing the Director shall determine semiannually in the manner and for the period prescribed by Section 12-4.504-C of this Code, the amounts to be reimbursed or credited to the person who constructed the crossings as shown in the projecting accounting subject to the following:

(i) Each determination shall calculate those charges which have been collected during the preceding six months for land development within the at-grade crossing service area in which the crossing is located.

(ii) No payments or determinations may be made if the projecting accounting is not filed.

(iii) In no event shall payments be made which total in excess of one hundred per cent of the cost of the crossing as shown on the project accounting.

(iv) No payments or determinations shall be made after the end of the appropriate reimbursement period, as defined in Section 12-4.501.5-F of this Code, following acceptance by the city of the crossing.

(5) In the event a developer has paid fees at an accelerated rate, at such time as sufficient fees have been collected to cover the cost of the crossing, such developer, or his heirs and successors, on a first-in first-out basis, shall be reimbursed on or about each April first and October first from fees collected from subsequent developers during the preceding six months, until such time as the total contribution of each developer is reduced to the service fee rate amount. (Added Ord. 82-86, § 1, eff. 9-17-82; Am. Ord. 83-163, § 3, eff. 1-20-84; Am. Ord. 89-85, § 5, eff. 7-28-89; Am. Ord. 91-32, § 3, eff. 5-10-91; Am. Ord. 95-38, § 4, eff. 6-9-95).