Chapter 12.20 — IMPROVEMENTS—RIGHT-OF-WAY DEDICATION

The council finds and declares the following:

A.

That various streets within the town are deficient with respect to right-of-way width and public street improvements therein, including but not limited to curbs, gutters, sidewalks or pathways, street paving and storm drainage facilities;

B.

That such deficiencies impair safe motor vehicle and pedestrian circulation, contribute to excessive dust and noise, impede effective stormwater drainage and hinder the efficient operation of emergency vehicles;

C.

That such deficiencies will be exacerbated by additional construction of housing units, commercial buildings and community service uses, unless commensurate street facilities are improved to adequate standards.

(Ord. 85, § 1, 1983)

The purpose of this chapter is to establish regulations governing the dedication of rights-of-way and the construction of street improvements related to the use and development of individual parcels of land, and to accomplish the following specific purposes:

A.

To promote acquisition or dedication of rights-of-way and construction of street improvements made necessary by the development of adjoining parcels;

B.

To assure conformity with zoning and subdivision regulations, and to establish requirements for dedication and street improvement applicable to development on parcels not subject to subdivision or parcel map regulations;

C.

To establish criteria and procedures governing the time for construction of improvements, and to promote coordination and efficiency with respect to design and construction of improvements;

D.

To encourage use of benefit assessment procedures, in accord with constitutional and statutory limitations, for the construction of street improvements;

E.

To promote and protect the health, safety and welfare of the general public.

(Ord. 85, § 2, 1983)

For the purposes of this chapter, the following terms shall have the meaning defined in this section:

A.

"Engineer" means the town engineer or his authorized representative.

B.

"Improvement agreement" means an agreement between the town and a property owner providing for deferred construction of street improvements pursuant to this chapter.

C.

"Improvement standards" means uniform standards for design and construction of street improvements, promulgated by the town pursuant to this chapter.

D.

"Manager" means the town manager.

E.

"Owner" means any person owning a parcel, or having the legal authority from the owner of a parcel to carry out the provisions of this chapter on behalf of the owner. Except where exempted by law, "owner" includes any public entity.

F.

"Parcel" means one or more lots or contiguous units of real property in common ownership, capable of being legally conveyed without approval pursuant to subdivision or parcel map regulations.

G.

"Private road" means any private right-of-way providing vehicular or pedestrian access to one or more parcels, and for which one or more owners bear responsibility for construction and maintenance.

H.

"Public street" means any public right-of-way, together with street improvements therein, accepted and maintained by the town and open for use by the public for the primary purpose of vehicular or pedestrian travel.

I.

"Right-of-way" means real property acquired by or dedicated to the town for public use and access, whether held in fee, easement or other interest sufficient to guarantee public use and access.

J.

"Street improvements" means pavement, curbs, gutters, sidewalks or pathways, driveways, drainage facilities, fire hydrants, utilities and such other improvements ordinarily located in and appurtenant to the use of a public street or private road.

(Ord. 85, § 3, 1983)

Except as otherwise provided in this chapter, a requirement for dedication of right-of-way and construction of street improvements pursuant to this chapter is imposed on every owner to whom a building permit is granted. The requirement for dedication and construction of improvements shall be a condition of the building permit.

(Ord. 85, § 4(A), 1983)

The provisions of this chapter shall not apply to building permits authorizing the following types of construction:

A.

Normal and customary maintenance and repairs to existing buildings and uses;

B.

Minor expansion of an existing residential use, where the increase in habitable floor area on the parcel, whether within an existing dwelling unit or within an additional dwelling unit, is less than seven hundred fifty square feet;

C.

Minor expansion of an existing commercial, industrial, public or institutional use, where the increase in usable floor area is less than one thousand square feet;

D.

Reconstruction of a building damaged by fire or natural calamity, where the gross floor area of the reconstructed building does not exceed the original gross floor area plus allowable minor expansion pursuant to subsections B or C of this section;

E.

Buildings, structures and site improvements which are incidental to an existing building or use, including but not limited to decks, patios, swimming pools, landscaping and yard improvements, signs, fencing, reroofing or similar incidental improvements which do not increase the general intensity or change the basic character of a use.

(Ord. 85, § 4(B), 1983)

The engineer shall determine the extent of right-of-way dedication and street improvement requirements applicable to each parcel and shall determine the applicability of deferred construction provisions, in accord with this chapter and any resolution adopted pursuant to this chapter.

(Ord. 85, § 4(C), 1983)

Notwithstanding any provisions of this chapter, no street dedication shall be required which would result in dedication of right-of-way in excess of twenty percent of the area of any parcel prior to dedication. Right- of-way requirements exceeding twenty percent of the parcel area shall be the responsibility of the town, and shall be obtained either through agreement with the parcel owner or by purchase or eminent domain proceedings. If the town determines to acquire such additional rights-of-way, the time for performance by the parcel owner for the construction of required street improvements shall be adjusted to reflect any period of delay necessary for the town to obtain title to the additional right-of-way.

(Ord. 85, § 4(D), 1983)

The council shall, by resolution, establish requirements governing the width of right-of-way dedication applicable to one or more streets within the town. These requirements may be established by written description, map reference or a combination thereof, and may be revised from time to time to reflect current conditions and long-range plans of the town.

(Ord. 85, § 5(A), 1983)

A.

Grant of title. The parcel owner shall grant the required rights-of-way to the town. Title shall be transferred by grant deed, and may be a fee title, easement or other interest corresponding to the title held by the town

to surrounding right-of-way and which is sufficient to carry out the purposes of this chapter. Forms for transfer prepared by the town may be utilized.

B.

Acceptance. The manager or engineer is authorized to accept the transfer of title on behalf of the town. No encumbrances, limitations, restrictions or exceptions to the title shall be accepted by the manager, unless such encumbrances, limitations, restrictions or exceptions do not in any manner interfere with or hinder the use for which the right-of-way is being dedicated.

C.

Recordation. The manager shall cause each transfer of title to be filed for record in the office of the county recorder.

(Ord. 85, § 5(B, C, D), 1983)

Street improvements shall be constructed by the parcel owner, and shall conform to all applicable improvement standards. Except when construction of improvements is deferred pursuant to Section 12.20.140, street improvements shall be completed prior to occupancy of the building or use authorized by the building permit.

(Ord. 85, § 6(A), 1983)

A.

Required. Each owner required to construct street improvements shall be responsible for preparation of complete plans and specifications for the improvements. The form of such construction plans and the design and specifications for the improvements shall be as specified by the improvement standards or as required by the engineer. When construction of improvements is deferred pursuant to Section 12.20.140, plans shall not be required until necessary for such deferred construction.

B.

Waiver. The engineer may modify, defer or waive the requirements for complete construction plans when:

Only relatively minor street improvement work is required;

Existing data and physical conditions are sufficient to establish construction requirements;

Plans are prepared by the town pursuant to a benefit assessment district or other street improvement project.

C.

Approval. Construction plans shall be completed and submitted for approval by the engineer prior to the issuance of a building permit, or prior to issuance of an encroachment permit in the event of deferral of construction requirements. The approval of such construction plans by the engineer shall constitute the approval of the town of the design of the street improvements set forth within such plans.

(Ord. 85, § 6(B, C, D), 1983)

In lieu of completion prior to occupancy or prior to a required completion date for deferred construction, the engineer may require the owner to secure the completion of the improvements by cash deposit or bond in the amount of the cost of the required improvements as estimated by the engineer.

(Ord. 85, § 6(E), 1983)

When an owner fails to make required improvements, the manager may cause the installation of such improvements by the town and may bill the owner for the full cost of such work. If the cost is not paid to the town within thirty days following billing therefor, the town shall cause a lien to be placed on the parcel for the cost of such work, and the charge shall be inserted upon the tax roll of the town to be collected at the same time as other property taxes.

(Ord. 85, § 6(F), 1983)

A.

The time specified by Section 12.20.100 for completion of construction of required street improvements may be deferred in order to accomplish the purposes of this chapter. Full or partial deferral may be authorized subject to execution of an improvement agreement between the owner and the town.

B.

The council may, by resolution, establish criteria for deferral of the construction of required street improvements. These may be revised from time to time to reflect current conditions, programmed street construction projects and other relevant considerations.

C.

The engineer shall determine the applicability of deferral provisions and the appropriate terms of an improvement agreement, pursuant to the criteria established by the council.

(Ord. 85, § 7(A, B, C), 1983)

A.

Improvement agreements shall be in a form approved by the manager. Standard agreement forms may be specified. Each improvement agreement shall contain the following:

A description or identification of the parcel to which the agreement applies, and a description of the required improvements for which construction shall be deferred;

The consent and agreement of the owner to construct directly, or to pay the costs of construction by the town or its agents, of the deferred improvements, by one or more of the following means, at the option of the town:

a.

Agreement to participate in a benefit assessment district and to pay in full all benefit assessments levied for street improvements,

b.

Agreement to construct the required improvements at such time as specified by the town, pursuant to Section 12.20.160(A),

c.

Deposit of the estimated cost of the deferred improvements, as estimated by the engineer, in a fund to be utilized by the town for subsequent construction of deferred street improvements. Such payment shall constitute completion of the improvement requirements on the part of the owner,

d.

Such other provisions as may be agreed between the town and the owner.

B.

The manager shall cause each improvement agreement pursuant to this chapter to be filed for record in the office of the county recorder. The obligations of the owner as set forth in the improvement agreement shall constitute an irrevocable covenant.

(Ord. 85, § 7(D, E), 1983)

A.

The council shall determine the time at which deferred improvements shall be required to be constructed along any street, upon recommendation of the manager or the engineer.

B.

Following a determination of necessity by the council, the engineer shall serve written notice upon the owner of the requirement to construct the street improvements or the requirement to participate in the construction of such improvements as provided by the improvement agreement. The owner shall be responsible for completion of plans and for construction of the required improvements within a period of one year following receipt of notice, or such other reasonable time limit as may be specified by the engineer and related to the method of satisfying the required construction of improvements.

(Ord. 85, § 7(F, G), 1983)

A parcel owner aggrieved by any action or determination by the manager or engineer pursuant to this chapter may appeal such determination to the council within thirty days of notification of the determination. The appeal shall state the specific determination or requirement being appealed. The council shall hear the appeal at a public meeting and render a decision on the appeal within thirty days thereafter. The decision of the council shall be final.

(Ord. 85, § 8, 1983)

The council may by resolution establish such fees to be charged in connection with any determination, review, approval, inspection, recordation action, or other procedure pursuant to this chapter.

(Ord. 85, § 9, 1983)