Imperial County Municipal Code Ch. 12.10 Street Improvements

"Administrator" refers to the director of public works or his/her designee.

"Roads" and "streets" are used interchangeably throughout this chapter and therefore all references to "streets" in this chapter shall also refer to "roads."

"Street improvement" refers to such street work and utilities to be installed or agreed to be installed by a developer and/or property owner, on land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the property owners and local neighborhood traffic and drainage needs as condition precedent to the approval and acceptance of the project. These improvements shall also include, but not be limited to streets, curbs, gutters, and sidewalks.

"Street improvement" also refers to such other specific improvements or type of improvements, the installation of which, either by the developer and/or property owner by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the general plan of the county. These improvements shall include but not be limited to streets, curbs, gutters, and sidewalks.

(Ord. 1412 § 1 (part), 2006)

A. Shall be Required. Street improvements shall be required in conjunction with, but not limited to, any construction, grading, or related work, including the construction of structures, buildings, or major additions thereto, on property located adjacent to any county street or on property utilizing any county street for ingress and egress, except that such improvements may be deferred as described in Section 12.10.040 of this chapter for residential property.

B. Design and Construction Standards. For the purpose of establishing proper standards, specification and directions for design and construction of any road, or other land division improvements required to be constructed in the unincorporated territory of Imperial County, the document entitled "Engineering Design Guidelines Manual for the Preparation and checking of Street Improvement, Drainage, and Grading Plans within Imperial County" revision dated September 15, 2008, is hereby adopted and made a part of this division by reference, three copies of which are on file in the office of the clerk of the board of supervisors and for use and examination by the public. Copies of the manual can also be found at the Imperial County Department of Public Works.

(Ord. 1412 § 1 (part), 2006)

(Ord. No. 1442, §§ 1, 2, 12-9-08)

No building permit for any structure or building or major addition to a building or structure shall be issued until the improvements required by Section 12.10.010 of this chapter have been installed or a deferral agreement has been executed and recorded as provided in Section 12.10.040 of this chapter. In addition, no building permit shall be issued until there has been compliance with Chapter 12.12 of this title and the requirement that an encroachment permit be obtained.

(Ord. 1412 § 1 (part), 2006)

A. When Street Improvements may be Deferred for Residential Properties. The administrator may defer the requirement of concurrent construction of street improvements for residential properties, specifically only single family dwellings located in R-1 zones, and when there is only one single family dwelling located on a lot in an R-2 zone, if the administrator determines that immediate installation and construction of the improvements required by this chapter are not required due to any one of the following:

1. No Street Design Has Been Defined. A street design has not been defined for the street on which the subject property is situated;

2. Improvements Are on Less Than Fifty Percent of the Public Street Frontage. Improvements are installed on less than fifty (50) percent of the public street frontage within a one-quarter mile radius of the proposed new structure(s) or major addition(s);

3. Cost to Install Is Equal to, or Greater Than, Twenty Percent. The cost to install street improvements (including but not limited to grading improvements, landscaping and public utility relocation) would be equal to or greater than twenty (20) percent of the fair market value of the proposed new structure(s) or major addition(s). The property owner has the burden of proof as to the cost of installation;

4. Not Necessary for Public Safety. Street improvements are, in the opinion of the administrator, not necessary for public safety at this time; or

5. Improvements Not Necessary to Complete Extensions From Adjacent Properties. Street improvements are not necessary to complete the extension of improvements already existing on either side of the subject property.

B. Deferred Improvement Agreement Executed and Recorded. The deferral shall not be effective until such time as the owner of the property enters into a deferred improvement agreement with the county in a form satisfactory to the office of the county counsel and that is recorded at the Imperial County recorder's office. The administrator shall be authorized to execute the agreement on behalf of the county and shall be the agent of the county to perform all acts required of the county respecting the agreement, or its performance, completion or release. The agreement shall be in a form approved by county counsel and shall provide all of the following:

1. Owner Responsibility. That the owner will install the improvements at his or her own cost;

2. Timing of Installation. That installation shall occur at such time as the administrator, after consultation with the board of supervisors, determines that the character of the surrounding neighborhood and the development thereof require the installation of the improvements;

3. Costs of Improvements. That if the county is required to install the improvements, all costs thereof shall be borne by the owner, shall be paid immediately and if not paid immediately shall become a lien upon the property; except that, in cases of undue hardship as determined by the administrator, the administrator may accept a promissory note and deed of trust in lieu of immediate payment; and

4. Such other provisions as in the opinion of the administrator and county counsel are administratively necessary or convenient to carry out the purpose and intent of this chapter.

(Ord. 1412 § 1 (part), 2006)

(Ord. No. 1446, §§ 1, 2, 3-24-09)

When the administrator determines pursuant to Section 12.10.040 of this chapter that the installation of the improvements is required, he or she shall give thirty (30) days' notice in writing to the owner or his or her successor in interest to install the required improvements. When the administrator requires the installation of the improvements, the owner or his or her successor in interest shall comply with the "County of Imperial Improvement Standards," "County of Imperial Standard Construction Specifications," and amendments thereto, as adopted by the Imperial County board of supervisors and the "Engineering Design Guidelines Manual For The Preparation and Checking of Street Improvement, Drainage and Grading Plans Within Imperial County," as adopted by the board of supervisors, and as amended from time to time as approved by the director of public works/road commissioner.

(Ord. 1412 § 1 (part), 2006)

When the administrator requires the installation of the improvements, all plans for all required improvements, as well as for all additional improvements to be installed in, over or under any existing or proposed right-of-way, easement or parcel, shall be filed with the administrator by owner or his/her successor in interest, for review or plan checking.

A. Plans Subject to Approval. Plans shall be subject to approval by the administrator prior to the issuance of a building permit for subdivisions and developments not requiring submission of a final subdivision map in accordance with the provisions of Title 9 of this code.

B. Construction Subject to Inspection. The construction of all such improvements as may be approved by the administrator is subject to his or her inspection to assure compliance with county requirements. The administrator shall have full jurisdiction over the inspection of all such construction.

(Ord. 1412 § 1 (part), 2006)

Upon submittal of the improvement plans, a fee shall be paid to the county by owner or his/her successor in interest, for plan checking, inspection, material testing services and other services performed, or authorized to be performed by the administrator. The fee for all on-site and off-site improvement plans shall be the direct cost incurred by the county based on the hourly rate of the personnel. This hourly rate shall include all overhead costs. The fee shall include a processing and microfilming fee, equal to one hour's time of appropriate personnel involved, as well as one year follow-up inspection fee, equal to five hours' time of the appropriate personnel involved, rounded to the nearest dollar. Encroachment permit fees shall be paid in accordance with Section 12.12.030 of the Title 12 of the codified ordinances of Imperial County.

(Ord. 1412 § 1 (part), 2006)

A minimum deposit in an amount to be determined by the department of public works shall be paid by the applicant upon submittal of the improvement plans. The balance of the fees charged under Section 12.10.070 of this chapter shall be paid prior to final acceptance of the construction by the administrator. In the event the actual total charges do not exceed the minimum deposit amount, the county shall reimburse the payer the difference between the deposit amount and the actual total charges.

(Ord. 1412 § 1 (part), 2006)

A. Review Committee. A three member review committee is created that will consist of the director of public works or his/her designee, the director of planning and development services or his/her designee; and the county executive officer (CEO) for the county of Imperial and/or his/her designee. This review committee will act as a review board for review of decisions of the administrator under Sections 12.10.040 and 12.10.050 of this chapter and as set forth below.

B. Appeal to Review Committee. The applicant or any interested person adversely affected by a decision of the administrator under Sections 12.10.040 and/or 12.10.050 of this chapter may appeal the action by submitting a written notice of appeal to the review committee. The appeal shall be filed within fifteen (15) days of the date of the decision. The review committee shall conduct a hearing on the appeal within forty-five (45) days of receipt of the notice of appeal.

C. Appeal to Board of Supervisors. The applicant or any interested person may appeal the decision of the review committee as per Chapter 4 of Division 1 of Title 9 of the codified ordinances of the county of Imperial.

D. Board of Supervisors Hearing. Not later than thirty (30) days following the date of filing an appeal, the board of supervisors shall conduct a hearing to review the decision of the review committee. Notice of the date set for hearing shall be mailed to the parties at least ten (10) calendar days prior to the hearing date.

E. Evidence at Hearing. At the hearing, the board of supervisors may hear any oral or documentary evidence that the appellant may offer in addition to the information in the notice of appeal, together with any oral or written information that may be submitted by county representatives in support of the determination that is the subject of the appeal. All documentary evidence shall be submitted to the board of supervisors at least five days before the hearing.

F. Decision of Board of Supervisors. Within thirty (30) days after the conclusion of the hearing, the board of supervisors shall render all decisions and findings in writing to the administrator, with a copy to the appellant, to the CEO and to the department of planning/development services and findings shall be filed in the department of public works.

G. The decision of the board of supervisors shall be final and there shall be no further administrative appeal.

(Ord. 1412 § 1 (part), 2006)

Should any section, subsection, paragraph, clause or phrase of this chapter for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter.

(Ord. 1412 § 1 (part), 2006)