Lodi Municipal Code Ch. 15.44 Off-Site Improvements and Dedications

The purpose of this chapter is to set forth requirements for the installation of nonexistent or inadequate nonconforming public off-site improvements and the dedication of public rights-of-way and easements as a condition to the issuance of a building permit or development approval in order to protect and improve the public's safety, convenience and general welfare.

(Prior code § 5-19)

For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section:

A. "Development" means all residential, commercial and industrial construction or remodeling, as well as developments of public agencies, including but not limited to on-site parking facilities, open storage areas, and other similar improvements which may or may not require a building permit.

B. "Off-site improvement" means all publicly owned facilities that are or will be located in the public right-of-way which typically include, but are not limited to, curbs, gutters, sidewalks, street paving, storm drains, water mains, sewer lines, fire hydrants, electrical facilities, street lights and landscaping.

(Prior code § 5-20)

No building permit shall be issued for a development nor shall an on-site parking facility, open storage area or other similar improvement be created or constructed within the city unless compliance is made with the public off-site improvements and dedication requirements set forth in this chapter.

(Prior code § 5-21)

A. The requirements of Section 15.44.030 do not apply if the cost of development within any twelve-month period is determined by the public works director to be less than twenty-five thousand dollars. This amount shall be adjusted by the public works director on July 1st of each year, beginning on July 1, 1994, based upon the change of the U.S. Average Engineering News-Record Building Cost Index, using the following formula:

Amount = $25,000 × ENR Index for June

2838 (ENR Index for June 1992)

and that the amount shall be rounded to the nearest one hundred dollars.

B. The city may defer compliance with the requirements of Section 15.44.030 if the public works director determines that it would be in the best interest of the city to cause all or a portion of the work to be done on an area-wide basis, provided that the property owner enters into an agreement with the city agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer of such property. The city manager is authorized to execute such an agreement for and on behalf of the city.

(Prior code § 5-22; Ord. 1569 § 1, 1993)

A. The off-site improvements required for all developments under this chapter are as follows:

1. Curb, gutter, sidewalk, driveways and street improvements shall be installed fronting all portions of the developer's property being developed which fronts upon a public street or future public street. The improvements shall be in accordance with the then-current city policies and city standards.

2. Water, sewer, storm drains and landscaping shall be installed in accordance with the then-current city policies and city standards.

3. Electrical facilities and street lights shall be installed in accordance with plans prepared and approved by the city utility department.

B. Plans showing the off-site improvements shall be prepared by a registered civil engineer unless waived by the public works director.

C. The installation of off-site improvements within existing public right-of-way requires an encroachment permit from the city.

D. If off-site improvements exist that do not meet existing city standards or are inadequate or a hazard to the general public, then these off-site improvements shall be reconstructed to current city standards.

E. No occupancy permit shall be issued or utility connections made unless the required off-site improvements and dedications have been completed and approved.

F. Street improvements and dedications made pursuant to this chapter are eligible for reimbursement as provided in Chapter 16.24 of this code.

(Ord. 1527 § 9, 1991; prior code § 5-23)

The public right-of-way and easement dedications required under this chapter shall be in conformance with the then-current city design standards and adopted specific plans. The required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed.

(Prior code § 5-24)

Any person required to construct off-site improvements under this chapter shall either complete same to city specifications or shall guarantee such completion by furnishing to the city, prior to the issuance of a building permit or allowing a development to proceed, a surety bond, instrument of credit, or cash in the amount of the development's construction cost.

(Prior code § 5-25)

Off-site improvements required under this chapter are subject to the inspection and approval of the public works director.

(Prior code § 5-26)

The then-current applicable development fees must be paid prior to the issuance of a building permit, or allowing the development to proceed, including:

A. Development impact mitigation fees;

B. Wastewater connection fee;

C. Engineering fee;

D. Other established development fees and fees for service.

(Ord. 1518 § 3, 1991: prior code § 5-27)

A. Any person required to make improvements or dedications under this chapter may appeal any decision of the public works director to the city council. Such appeals shall be in writing and shall be filed with the city clerk within fifteen days of the date notice of the decision is made.

B. The city council shall hold a hearing on the appeal within thirty days of the date on which the appeal was filed. The city clerk shall send written notice of the hearing to the appellant at least seven days prior to the date of the hearing. The determination of the city council shall be considered as final.

(Prior code § 5-28)