Lancaster Municipal Code Ch. 12.12 Streets, Curbs and Sidewalks

It is declared to be the policy of the city that street improvements be installed along the frontage of any lots or parcels hereafter improved with construction or erection of any new dwelling or building or any dwelling or building expanded in excess of fifty (50) percent of the existing square footage of that dwelling or building, in accordance with the provisions of this chapter.

(Prior code § 7-2.1)

The provisions of this chapter are minimum requirements, and wherever any ordinance or resolution of the city requires additional improvements or improvements of a higher degree or grade, such ordinance, resolution or determination shall control.

(Prior code § 7-2.2)

As used in this chapter:

"Block" means one side of a street between intersecting streets.

"Frontage" means and shall be considered any portion of a lot which fronts on any street regardless of the orientation of residential or other structures on such lot.

"Local street" means any street not otherwise covered by the definition of major and secondary streets.

"Lot" means a unit or contiguous units of real property in common ownership and which is capable of being legally conveyed without any requirement for a subdivision or other division of land approval by the city.

"Major street" means any public street which requires a one hundred (100) foot or greater right-of-way as shown on the city master plan of highways. Generally, major streets located within the city are limited to section lines.

"Secondary street" means any public street which requires an eighty (80) foot right-of-way as shown on the city master plan of highways. Generally, secondary streets located within the city are limited to quarter-section lines.

"Street grade" means the grade of any street as herein defined as established by an official map or plan or by any public agency or by the city engineer of the city.

"Street improvements" means vehicular roadway pavement, pedestrian sidewalk, curbs, gutters and streetlights.

(Prior code § 7-2.3)

The city engineer may, on his own initiative, and shall, within a reasonable period of time after receipt of a written request by any abutting property owner, establish a street line or grade for said abutting property along any street in the city. Such street line or grade shall prevail for all purposes of this chapter.

(Prior code § 7-2.4)

Every person, firm, association, corporation, or other entity constructing or erecting any new dwelling or other building in the city, any dwelling or building expanded in excess of fifty (50) percent of the existing square footage of that dwelling or building shall, prior to occupying such dwelling or other building, or permitting any other person, firm, association, or other entity to occupy the same, construct or cause to be constructed, curbs, gutters, sidewalks and paving along the entire street frontage of the affected property as hereinafter provided, or post the required bond, cash or security therefor, as hereinafter provided.

A. All work and improvements shall conform to grades established by the city by order of the city engineer of the city.

B. All work and improvements shall conform to standard specifications as adopted by the city.

C. Effective July 1, 2007 all new public streetlight plans shall be prepared in accordance with the design standards for LS-3 streetlights and submitted to the City of Lancaster engineering division, subdivisions section for review and approval. The Design Standards for LS-3 streetlights shall be prepared by the engineering division and shall be included in the Engineering Design Standards and Guidelines Manual as periodically updated. All new streetlights on the LS-3 rate schedule, along with all property associated with the development necessitating the installation of streetlights or as a condition of development, shall become a part of and be annexed into the Lancaster lighting maintenance district. Plans for streetlights shall be submitted to the commissioner in accordance with Chapter 12.16.

(Ord. 882 § 1, 2007; prior code § 7-2.5)

In lieu of construction of required curbs, gutters or sidewalks, the owner, builder, or other person may, if the city engineer finds that deferring such improvements is in the public interest, post with the city a sufficient bond, or deposit cash or other security, which bond, cash or security is approved as to amount, form and all other matters by the city engineer to guarantee installation of such improvements within such period as the city engineer shall specify.

Such guarantee shall not in any case be less than the standards existing at the time and are to be set by the city engineer and the guarantee shall be conditioned to pay or release such sums to the city within one year from the issuance of final approval and acceptance of such dwelling or other building, or at the expiration of any longer or extended period specified by the city engineer for installation of required improvements, if such improvements have not been constructed as required.

(Prior code § 7-2.6)

The building department shall deny final approval and acceptance of any such dwelling or building, until the required curbs, gutters, paving and sidewalks have been completed, or, when permitted by Section 12.12.060, a bond, cash or security to guarantee such construction has been posted with the city and approved by the city engineer and no occupancy permit will be granted.

(Prior code § 7-2.7)

Exceptions are as follows:

A. Where the street is a private street;

B. The city engineer shall, upon request by applicant, refer the matter to an administrative committee consisting of the city manager, director of community development, city engineer, and under appropriate conditions they may waive such improvements as to all or any part of the property;

C. Where a lot, by virtue of its zoning classification, exhibits a minimum size of one acre gross and does not front on a major or secondary street;

D. Where lots representing frontages totaling at least fifty (50) percent of a block are improved and are without street improvements.

(Prior code § 7-2.8)

The owner of any lot proposed to be built or erected upon shall in all instances applicable, prior to obtaining a building permit for, or final approval of, such building or construction, deposit with the city clerk a dedication to the city of an easement for a public road or widening of a public road along the street frontage of such lot, satisfactory in form and area to the city engineer if such road or widening is planned or proposed for future development by the city or its appropriate officers.

(Prior code § 7-2.9)

An exercise of discretion by the administrative committee hereunder, not including the fixing of fees or deposits or the amount of any security otherwise required, shall be subject to review by the city council in accordance with the uniform appeal procedure.

(Prior code § 7-2.10)