Merced Municipal Code Ch. 17.58 Road Improvements

A. Whenever a person is required to construct or reconstruct road improvements that have been or will be dedicated to the city, he or she shall first make application to the city engineer for a road construction permit, and submit to the city engineer for approval, construction plans and such specifications and other details as required to describe fully the proposed road construction. The plans shall have been prepared under the supervision of and shall be signed by a qualified engineer registered in the state.

B. Construction plans for the road improvements shall conform to the latest adopted edition of city's "Standard. Designs of Common Engineering Structures Manual," and unless otherwise specified in the ordinance, development permit, map approval or other entitlement requiring the improvements, shall include the full road width, including curb and gutter.

(Ord. 1717 § 1 (part), 1988).

When an applicant applies for a building permit to improve property which abuts road improvements, the construction cost of which were paid by a previous applicant or the city, such applicant shall pay to the city, prior to the granting of such permit an amount calculated as "A" in the following formula:

A = F × C × .50, where:

1. F equals the number of feet of applicant's property abutting on the road improvements.

2. C equals the average cost per foot as determined by the city engineer of construction cost of road improvements of similar size and character as of the date application is made for the building permit.

3. If additional improvements are made by the applicant to the existing road improvements, the applicant shall receive a credit against the amount owed to city calculated as follows:

X = Y × Z × .50, where:

1. Y equals the number of feet of the existing road improvements which are to be further improved by the applicant.

2. Z equals the average construction cost per foot of improvements to be made by the applicant as determined by the city engineer based upon the cost of similar improvements as of the date application is made for the building permit.

(Ord. 1717 § 1 (part), 1988).

Amounts collected as provided in Section 17.58.020 shall be paid by the city to the applicant who paid the construction cost of the road improvements until the applicant has received an amount calculated as "R" in the following formula:

R = T—(.50 × K × F), where:

1. T equals the total cost of installing the road improvements identified in Section 17.58.010.

2. F equals the number of feet of road improvements identified in Section 17.58.010 installed by the applicant.

3. K equals the cost per foot of installing the road improvements identified in Section 17.58.010.

4. Notwithstanding subsection A, if the road improvements were constructed on land which is neither owned by applicant at the time of construction, nor abutted land owned by applicant, then the amount to be refunded to applicant shall be calculated using the following formula:

R = T—(K × F)

(Ord. 1717 § 1 (part), 1988).

The city shall not make refunds to the installing applicant after the fifteenth anniversary of the date the road improvements are accepted by the city, and shall not make refunds unless the installing applicant files with the city clerk a written notification of the address to which any refunds are to be mailed.

The city's obligation to make refunds shall cease if the installing applicant fails to make the notification required, and shall cease if any refund is mailed to the applicant at the address shown in the notification and either the refund check is not negotiated within ninety (90) days of mailing or is returned to the city and not claimed in person by the installing applicant within ninety (90) days of mailing.

(Ord. 1717 § 1 (part), 1988).

Road improvements identified in Section 17.58.010 which exceed the cost (as determined by the city engineer) of installing a "divided arterial street" shall be considered oversize and the city shall pay to the installing applicant the difference in cost between the average cost of installing a divided arterial street of similar length and character and the actual cost of the road improvements.

(Ord. 1717 § 1 (part), 1988).

The determinations made by the city engineer pursuant to Sections 17.58.020, 17.58.030 or 17.58.050 shall be final.

(Ord. 1717 § 1 (part), 1988).

For purposes of this chapter, the term "road improvements" shall include but not be limited to the following improvements:

Pavement section, curb and gutter, sidewalk, street lighting, traffic signal systems, access ramps, park strip, turn lanes, street trees, pavement markings, signs, raised and non-raised medians, channelization facilities, intersections, reconstruction, overlays, slums/chip seals, survey monuments, landscaping, irrigation systems and controls and such incidental work (i.e., relocation of interfering utility facilities, land acquisitions, etc.) as is needed to accomplish above improvements.

(Ord. 1717 § 1 (part), 1988).

For purposes of this chapter, the term "divided arterial street" shall include the configuration shown in the latest edition of city's "Standard Designs of Common Engineering Structure Manual," including all road improvements normally contained therein.

(Ord. 1717 § 1 (part), 1988).

For purposes of this chapter, the term "construction cost" shall include the actual estimated costs of constructing the road improvements plus an additional twenty percent (20%) for engineering, legal, accounting, insurance and other miscellaneous costs.

(Ord. 1717 § 1 (part), 1988).