Chapter 15.28 — STREET IMPROVEMENTS

• A. The street area adjacent to all premises shall be improved at the expense of the property owner with curbs, gutters, sidewalk and street paving from gutter to existing paving or center of street, according to standards established by the city council, before the building permit for new construction or remodeling is issued. Engineering improvement plans shall be submitted to the public works department by the property owner and are subject to the approval by the city engineer.

• B. Completion of the improvements required by subsection A of this section may be deferred to coincide with the new construction or remodeling if, prior to the issuance of the building permit, the property owner enters into an agreement with the city requiring completion of said improvement prior to final inspection of the new construction or remodeling. Said agreement shall require the property owner to provide a performance bond in an amount equal to one hundred percent of the estimated cost of constructing such improvements. In lieu of such agreement, in the discretion of the city engineer, the property owner may enter into an agreement requiring the property owner to immediately pay the city the estimated cost of design and installation of street improvement.

• C. Notwithstanding any other provisions of this section, no property owner shall be required to install street improvement nor be required to enter into any agreement described where the city engineer certifies in writing that such street improvements will be the subject of a city funded public improvement project within twelve months of the issuance of the building permit. The exception created by this subsection shall be deemed applicable to any new construction or remodeling commenced after December 1, 1990.

In the event that the city engineer determines that the installation of the improvements set forth in subsection A of this section should be deferred, then the following shall occur: prior to the issuance of a building permit, the city and the property owner shall enter into an agreement. The agreement shall provide, at the option of the city, that the property owner shall deposit cash with the city equal to the amount set by the city engineer as his or her estimate of the cost of design and installation of the deferred improvements, or the property owner shall grant a lien, in a form approved by the city, on the land subject to the property owner's development in an amount equal to the cost of design and installation of the deferred improvements. The lien granted by the property owner shall be in addition to any other lien provided by law. The agreement required by this section shall further provide that it shall be binding on the property owner's successors, heirs, beneficiaries, survivors and assigns.

• D. Driveways shall be removed and curb and sidewalk installed at the expense of the property owner when buildings or other obstructions are constructed, demolished or removed causing abandonment of those driveways.

• E. As used in this section, "new construction or remodeling" means laying of paving, sidewalk, construction of new structures, or renovation of existing structures where the cost thereof exceeds an amount equal to four times the cost of the required street improvements.

• (Ord. 1598 § 1, 2016)