Montague Municipal Code Ch. 12.08 Curb and Gutters

Sections:

• 12.08.010 Findings.

• 12.08.020 Curb and gutter requirement.

• 12.08.030 Curb, gutters and sidewalks required.

• 12.08.035 Deferral agreements.

• 12.08.040 Construction or guarantee required.

12.08.050 Inadequate drainage facilities.

• 12.08.060 Existing buildings. 12.08.070 Variance.

The existence of unimproved curbs and gutters adjoining dwellings and buildings within the city is found and declared to be prejudicial to the public health, safety and welfare of the inhabitants of the city. (Ord. 109 § 1, 1967)

Any person who constructs or causes to be constructed any building or dwelling or causes any major building improvements on any dedicated street in the city shall construct curbs and gutters in accordance with this chapter along the dedicated street abutting the property upon which a building or dwelling is constructed. The determination for the need of curb and gutter shall be made by the city engineer/public works supervisor at the time of the issuance of the building permit. The city engineer/public works supervisor shall put an endorsement on the building permit requiring the installation of curbs and gutters if such are found necessary. (Ord. 1-01 § 1, 2001; Ord. 109 § 2, 1967)

Any person who constructs or causes to be constructed any building or makes any major improvements in a C-1 or C-2 district shall construct curbs, gutters and sidewalks in accordance with the city specifications for the full length of the lot frontage. (Ord. 1-01 § 2, 2001; Ord. 109 § 3, 1967)

If the city council finds, upon recommendation by the city engineer or the public works superintendent, that construction of curbs, sidewalks or gutters would be better done at the time when similar improvements on adjacent property are being made or that installation of an isolated segment might have a detrimental effect on existing storm water drainage systems in the area, the city council may require the property owner to enter into a deferral agreement which requires the property owner or the property owner's successor in interest to make the required improvements at a later time as may be directed by the city. The deferral agreement shall be recorded and constitute a continuing obligation running with the land. (Ord. 1-01 § 3, 2001)

The building inspector shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs, gutters and sidewalks, where required by this chapter, exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of the improvements as determined by the building inspector, and providing for such construction within ninety days. (Ord. 109 § 4, 1967)

When the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare and safety by reason thereof, the building inspector may require that only portions of the required work be done. (Ord. 109 § 5, 1967)

The regulations prescribed in Sections 12.08.020 and 12.08.030 shall not apply to any building or dwelling, the construction of which began prior to the effective date of the ordinance codified in this chapter. This chapter shall have no application to buildings and structures in existence on the effective date of the ordinance codified in this chapter. (Ord. 162, 1979; Ord. 109 §§ 6, 10, 1967)

A. Variance from the application of this chapter may be granted by the city council upon the findings of the planning commission that variance from the terms of this chapter will not be contrary to its intent or to the public interest, safety, health and welfare, and where due to special conditions or exceptional characteristics of the property of the applicant for variance, or its location or surroundings, a literal enforcement of this chapter would result in practical difficulties or unnecessary hardships.

B. Written application for variance may be submitted to the planning commission which shall render its decision on such application within thirty-five days following receipt of such application. Failure of the planning commission to render its decision within the thirty-five-day period shall be deemed to be a denial of the application for variance. The applicant may, within twenty days after any denial by the planning commission, appeal to the city council, and the determination of the city council upon such appeal shall be final. (Ord. 109 § 7, 1967)