Windsor Municipal Code Ch. 2 Frontage Improvements

The Town Council finds that development creates traffic which, in turn, creates the need for improved streets and highways, and since a given development directly benefits from improved streets and highways by being more accessible. The Town Council finds it is appropriate to require a contribution toward street improvement when a parcel of land develops, to help offset the burden the development creates and to compensate the community at large for the benefit the development receives.

The Town Council further finds that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of streets and highways when and as the development of land takes place, the economic welfare, public convenience and general prosperity of the community and its citizens will suffer. These provisions are, therefore, intended to define the requirements, policies and procedures for the acquisition of public right-of-way easements and for the construction of public improvements in connection with the development of land. It is intended to extend the basic requirements under the Subdivision Map Act and Titles of this code to apply to land development in which no subdivision is involved. It is intended to fairly spread the cost of required public improvements upon abutting properties. It is intended to prevent the dissipation of the Town's funds by preventing faulty or substandard installations. It is intended to help the Town meet the important and competing demands for public service without unduly increasing the cost of government or the tax burden upon the taxpayer of the community. It is intended to protect the public safety, living standards and common welfare of the Town and the citizens of Town of Windsor.

This chapter is enacted to require any person who proposes to erect, construct, alter, enlarge, repair, move or maintain any building or structure for which any Town permit is required on or upon any land adjacent to an unimproved street or who seeks to change the use of or subdivide any land which includes or is adjacent to an unimproved street to improve or agree to improve that street as required by this chapter through the dedication of lands for street and public utility use and the installation of such of the following improvements including but not limited to, as may be necessary: curbs, gutters, driveways, sidewalks, storm drains, street paving, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping, sewer lines, water lines, undergrounding existing overhead and new utilities services. This chapter applies to any required improvements whether or not the improvement is included in the street improvement fund. In enacting this chapter, the Town Council intends that said improvement or agreement for improvement shall be a condition precedent to the subdivision of lane or issuance of any permit required by the Town. Permits for accessory structures such as gazebos, pools, decks, awnings, patio covers and similar accessory non-inhabitable structures are exempt from the requirements of this chapter. In addition, second units, guesthouses, and similar habitable structures including, but not limited to, room additions and conversions where a primary structure exists are exempt from these requirements.

(Ord. No. 2003-171 § 2 (part))

As used in this chapter:

Developer is synonymous with the term "permittee."

Development permit applies to any of the following:

a. Building permit pursuant to the provisions of Chapter VII of this Code;

b. Use permit, variance or special approval pursuant to Title XXVI of this Code;

c. Subdivisions of land.

Permittee means any individual, partnership, association, corporation, trust, governmental body or unit or agency (other than the Town of Windsor) or any other entity owning or occupying land adjacent to an improved street or unimproved streets in the Town desiring to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to obtain a use permit or variance or special approval to change the use of land in the Town or who seeks to subdivide the land in the Town.

Person is synonymous with the term "permittee."

Street light means electroliers, fixtures and lamps wholly owned by the Town; it shall not include streetlights suspended from brackets attached to wooden poles or other devices which are not owned by the Town or which are leased by the Town from any public utility.

Unimproved street means any street or highway in the Town which is less in width from property line to property line than the width prescribed for said street by this chapter or which lacks one or more of the following improvements, including but not limited to: curbs, gutters, driveways, sidewalks, storm drains, complete paving to curb, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping, sewer lines, water lines, undergrounding existing overhead services.

Undergrounding of existing overhead and new utilities means local distribution facilities for telephone, electricity, cable or other power and communications facilities located onsite or along a property's frontages. "Local" electrical lines shall mean twenty-six thousand (26,000) volts or less.

(Ord. No. 2003-171 § 2 (part))

Nothing contained in this chapter shall be construed to limit the power or authority of the Town Council of the Town of Windsor to impose requirements and conditions upon the issuance of a development permit, in addition to those authorized by this chapter. The Town Council of the Town of Windsor declares that in enacting this chapter, it expressly reserves the right to impose reasonable requirements and conditions upon subdivisions of land and the issuance of a development permit (regardless of whether the same are described herein). The enactment of this chapter is not intended to be a limitation upon said power.

(Ord. No. 2003-171 § 2 (part))

As a condition precedent to obtaining a subdivision approval or development permit from the Town, any permittee shall dedicate land and make the improvements required by this chapter, or at the election of the Town and pursuant to the provisions of Section 16-2-110 of this chapter, shall dedicate land and pay a sum in lieu of improvements.

(Ord. No. 2003-171 § 2 (part))

The mere rezoning or prezoning of a parcel of land initiated by Town without application by the owner of said land will not require the dedication or improvement of land pursuant to this chapter but said dedication or improvement shall be postponed until subdivision or development permit is subsequently sought for said land.

(Ord. No. 2003-171 § 2 (part))

Any permittee required to dedicate land shall make such dedications as are necessary to conform to and comply with the provisions of this section.

a. Procedure. Any street or highway contiguous to or passing through any portion of land for which a subdivision of land or development permit is sought, shall conform in width to the requirements of this chapter. Rights-of-way for any such street or highway shall be dedicated as required by the Town Manager or his/her designee and to accommodate the necessary improvements.

b. Width of Streets and Highways.

1. For the purposes of this chapter, the streets and highways within the Town shall be deemed to have the planned width set forth for the classification of streets as shown in the Town of Windsor General Plan Design Standards provided that widths may differ from said standards under special circumstances and conditions as determined by the Town.

2. The dedication of any land for street right-of-way purposes shall not be required to exceed a strip of land of the following dimensions:

(a) Length shall be the length of the property line abutting the street for which dedication is required.

(b) Width shall not exceed one-half the street width ten (10) feet throughout the entire length of the strip dedication provided that widths may differ from said standards under special circumstances and conditions as determined by the Town, but in no event shall result in a paved width less than that required for safe travel as determined by the Town Engineer.

c. Rear or Side Lines. When the rear or side lines of any lots border any major or secondary streets, highway or parkway, the permittee may be required to execute and deliver to the Town an instrument deemed sufficient by the Town Attorney prohibiting the right of ingress and egress to such lots across the sidelines of such streets or highways.

d. Granting of Public Utility and Drainage Easements. The permittee shall grant easements for public utility and drainage purposes along the rear lot lines, along side lot lines and adjacent to street frontages wherever necessary. The Town Manager or his/her designee shall prescribe the width of such easement. Dedication of easements shall be for the purposes of installing utilities and for other public purposes as may be ordered or directed by the Town Manager or his/her designee.

e. Dedication of Right-of-Way for Storm Drainage. The permittee shall, subject to existing water rights, dedicate a right-of-way for storm drainage purposes which conform substantially with the lines of any watercourse or channel, stream or creek that traverses the development; or provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm water.

(Ord. No. 2003-171 § 2 (part))

When improvements are required hereunder, said improvements shall be made in accordance with the provisions of this section.

a. Specifications. Improvements required shall be made in accordance with the specifications and standards of the Town, current at the time said improvements are made. When a required improvement is not provided for by standard specifications of the Town, the nature and type of improvement shall be approved by the Town Engineer.

b. Improvements on Streets. Said permittee shall provide for the improvement of said unimproved street by the installation, at the permittee's sole cost, including but not limited to all of the following improvements as required in the Town standards which said unimproved street shall lack: curbs, gutters, driveways, sidewalks, storm drains, complete paving to curb, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping, sewer lines, water lines undergrounding existing overhead and new utilities services.

c. Improvements on One-Half of Right-of-Way Plus Ten (10) Feet: permittee shall be required to provide improvements in that one-half width of right-of-way adjacent to said land and between the property line and the street center line; but, in no event shall this result in a paved width less than that required for safe travel as determined by the Town Engineer and the corresponding right-of-way street width to accomplish the aforementioned paved width approved by the Town Engineer.

d. Service Road and Access Improvements. The improvement of service roads and walkways and access (referred to in Section 16-2-120) shall be improved in accordance with the provisions of this chapter.

(Ord. No. 2003-171 § 2 (part))

Without limitation to any other provision of this chapter, the regulations herein contained are expressly declared to be applicable to any parcel of land, which is abutted on more than one side by a street, one or more of which is unimproved. Permittee shall have a separate obligation for the dedication and improvement of each of said streets in accordance with the provisions of this chapter.

(Ord. No. 2003-171 § 2 (part))

a. Requirement. Where a permittee seeks a development permit, and the Town Manager or designee determines that improvements should be deferred, the Town Manager or designee in its sole discretion may, as a condition precedent to the issuance of said development permit:

1. Require dedication of land from the permittee in accordance with the provisions of this chapter; and

2. Require payment from the permittee in accordance with the provisions of this chapter in lieu of improvements.

b. Town Manager or his/her designee may, but is not required, to consider:

1. That the present installation of said improvements would impose a health or safety hazard;

2. That the present installation of said improvements is uneconomical and that said improvement can hereafter be installed more efficiently and economically as a portion of a larger installation of improvements;

3. The risk of deterioration of said improvement if presently installed and the need for maintenance and upkeep is such that either the permittee or Town would benefit by deferring installation of said improvements; or

4. For other good cause as set forth in said findings.

c. Amount of Payment in Lieu of Improvement. The amount of payment required in lieu of improvement shall be equivalent to the cost of said improvements in accordance with a resolution of costs of improvements adopted by the Town Council or the most recent update of costs of improvements as approved by the Director of Public Works. It shall be the duty of the Director of Public Works at least once a year to prepare and approve an update of the calculation of the reasonable cost of improvements at that time in Sonoma County as the basis for the review of said costs. Nothing herein contained, however, shall invalidate any action of the Town Council or invalidate the imposition of any charge upon a permittee under the provisions of this chapter for payment in lieu of improvements as a result of any failure on the part of the Director of Public Works to prepare an update of the calculation of reasonable costs of improvements at that time in Sonoma County.

(Ord. No. 2003-171 § 2 (part);Ord. No. 2010-267, § 1, 9-15-2010)

a. Intent. The Town Council finds and declares that in some instances the public welfare and convenience and the greatest economy and safety can be accomplished by the installation of improvements on unimproved streets prior to the time that an abutting property owner or owners shall seek a subdivision of land or development permit. Such owners or their successors in title should be required to contribute their fair share to the street improvements in such areas (just as permittee who seek a permit prior to the installation of improvements are required to do) when their property develops or when they seek a development permit.

b. Payment to the Town for Improvements. In instances when improvements have been installed in the Town, it is the intent of the Town Council that as a condition precedent anyone requesting a subdivision of land or development permit shall pay to the Town such sum as the Town, other property owner or other public entity on behalf of the Town has paid to acquire the land and shall make payments to the Town for the improvements which the Town or other property owner or public entity has installed on the streets abutting or included in the property of the permittee. In the event that the Windsor Redevelopment Agency has paid for improvements, infrastructure or rights-of-way, the reimbursement is not required. Improvements shall include but are not limited to all of the following improvements as required in the Town standards which said unimproved street shall lack: curbs, gutter, driveways, sidewalks, storm drains, completed paving to curb, street lighting, medians, traffic signals, signing and striping, bus stops, street trees, walkways, landscaping, sewer lines, water lines, undergrounding existing overhead or new utilities services. Said payments shall be made at or before the time the permit is issued and shall be in addition to any other requirements of this chapter.

c. Procedure Where Partial Improvements Made. If the improvements installed by the Town or others prior to the issuance of the permit shall be less than the improvements required by or authorized to be required by this chapter, permittee shall make or agree to make such other improvements, all as required by this chapter. It is the intent of this chapter that a permittee who obtains his/her permit after improvements have been made by Town or others in whole or in part shall be required to provide (in money or improvements or both) the equivalent of what he would have been required to provide had his permit predated the improvements. The provisions of this section are, therefore, not in derogation of any other provision of this chapter.

Payments in lieu of improvements under this section shall be an amount equal to what the improvements cost at the time they were made. Said cost shall be computed under the resolution of cost of improvements adopted under Section 16-2-210(c) in force at the time the improvements were made; if there was no resolution of cost of improvements in force at the time improvements were made, costs will be computed in accordance with the resolution of cost improvements first adopted following the effective date of the ordinance codified in this chapter.

d. Acquisition of Land by Town Before its Dedication is Required. In the event the Town required land for right-of-way before said land shall be subject to dedication under this chapter, Town may at its sole discretion, purchase said land or any interest in exchange for an agreement that the owner (and his successors in interest) shall not be required to make repayment for said land under this section and/or one (1) or more of the improvements (or payment in lieu of said improvement or improvements) required by this chapter. This section is intended to authorize a landowner to transfer land to the Town in advance of the date the dedication thereof would be required under this chapter. In consideration of early transfer, the Town is empowered to waive the repayment for land and/or one (1) or more of the improvements otherwise required by this chapter for the land or interest so transferred as may constitute equitable and just consideration for advance transfer.

e. The provisions of this section are intended to apply to development permit applications received within twenty (20) years of acceptance by the Town of the Town installed improvements. Beginning with the eleventh (11th) year following installation, however, the value of improvements will be depreciated at a rate of ten (10%) percent per year resulting in a zero value in year twenty (20).

(Ord. No. 2003-171 § 2 (part))

a. Timing for Dedication and Improvement or Payment or Agreement in Lieu Thereof. Prior to the issuance of any development permit or approval of any final subdivision map the permittee shall make such dedications and install such improvements as are required under this chapter or, in lieu of improvements, shall make such cash payments as are required or shall execute such agreements and securities as are required.

b. Legal Description. A true and accurate legal description of the property to be developed along with appropriate plans required for an accurate description of land to be dedicated shall accompany the request for development permit.

(Ord. No. 2003-171 § 2 (part))

Prior to the issuance of a development permit or final subdivision map approval, if the permittee is not proceeding pursuant to subsection (b) of Section 16-2-140, the permittee shall execute an agreement with the Town to install the improvements required by Town pursuant to this chapter at the permittee's sole cost within such time as said agreement shall require. Said agreement shall contain such covenants and conditions as are required by the Town, including, but not limited to, the following:

a. No work shall be undertaken by the permittee until all plans and specifications have been submitted to the Director of Public Works and approved in writing;

b. All improvements shall be constructed under and subject to inspection by the Director of Public Works;

c. The permittee shall pay the Town's costs and expenses in connection therewith;

d. Completion of the improvements shall be prior to the issuance of a certificate of occupancy or the expiration of the agreement term, whichever occurs first.

(Ord. No. 2003-171 § 2 (part))

To assure the permittee's full and faithful performance of the agreement, the permittee shall concurrently file security for such sum as is sufficient to cover one hundred (100%) percent of the cost of said improvements and other costs and, in addition, such security as is sufficient to cover one hundred (100%) percent of all labor and materials costs required to construct the improvements. The amount of such security shall be determined by the Director of Public Works and the form of such security shall be approved by the Town Attorney. Such security shall be one or more of the following:

a. A bond issued by a surety company authorized to transact a surety business in the state;

b. A letter of credit issued by a savings and loan institution or by a bank authorized to transact business in the state;

c. The deposit of cash funds in a savings account in any savings and loan or bank maintaining an office in Sonoma County, with an assignment of said account to the Town for payment upon said account; provided, further, that the permittee and the bank or savings and loan shall execute such written documents as shall be required by the Town Attorney and as shall be approved by him as to form to insure the availability of said sums upon demand to the Town and provided further, that there shall be delivered to the Town a certificate or passbook representing said account, together with said assignment, in a form satisfactory to the Town Attorney;

d. Cash or cashiers check drawn upon a bank or savings and loan institution maintaining an office in Sonoma County.

(Ord. No. 2003-171 § 2 (part))

No release of any security required under this chapter shall be made except upon the certification by the Director of Public Works that work covered thereunder has been satisfactorily completed and upon approval of the Town Council, provided, however, that progress payments may be made to the permittee upon approval of the Town Council in accordance with the provisions of his agreement with the Town. Said security or any portion thereof, may be retained by the Town until the end of any express warranty or guarantee period provided for in the agreement secured or until any claim period established by law or agreement has expired. No interest shall be paid by the Town upon any security deposited by the permittee with the Town, any interest earned by the permittee from any bank or savings and loan institution upon an account assigned to the Town (if not called upon to satisfy the permittee's obligations pursuant to his written agreement) shall be released to the permittee when the principal sum on deposit is released to the permittee.

(Ord. No. 2003-171 § 2 (part))

In the event that the permittee shall fail to complete all improvement work in accordance with the provisions of this chapter, or shall fail to pay for all labor and materials, all as required by this chapter, agreement or law, the Town shall be entitled to resort to the security furnished by the permittee to complete said improvement work, pay for said labor and materials and pay for such other costs as shall have been incurred by the Town. Resort to said security shall not preclude the Town from proceeding against a permittee for breach of contract and damages for failure to provide improvement work, labor or materials or to pay other costs in excess of the amount of said security.

(Ord. No. 2003-171 § 2 (part))

a. The Town Manager or his/her designee may recommend that the Town Council authorize conditional exceptions to any of the requirements and regulations set forth in this chapter provided that the following facts are found:

1. That there are special circumstances and conditions affecting the subject property;

2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the developer;

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

b. Report to Town Council.

1. In recommending such exceptions, the Town Manager or his/her designee shall act to secure the objectives of the regulations, which exceptions are requested and shall act to protect the public health, safety, convenience and general welfare;

2. In recommending the authorization of any exception under the provisions of this section, the Town Manager or his/her designee shall report to the Town Council his/her findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth the exceptions recommended and the conditions designated.

c. Upon receipt of such report, the Town Council may approve the subdivision of land or development permit with conditions recommended by the Town Manager or his/her designee and with such other conditions, if any, as the Town Council deems necessary to substantially secure the objectives of this chapter.

(Ord. No. 2003-171 § 2 (part))

a. Development of one "Second Dwelling Unit" (as described by Zoning Ordinance § 27.34.180), where a primary structure exists, is exempt from the provisions of this chapter.

b. Permits for accessory structures such as gazebos, pools, decks, awnings, patio covers and similar accessory non-inhabitable structures are exempt from the requirements of this chapter. In addition, guesthouses, room additions, conversions and similar habitable structures, where a primary structure exists, are exempt from this chapter.

c. Expansions to the floor area of existing non-residential structures of twenty-five (25%) percent or less. Expansions shall be considered cumulatively from the effective date of this ordinance. Once expansions exceed twenty-five (25%) percent of the floor area in existence at the time of adoption of this ordinance, the requirements of this section shall apply. Said limitations on increases to floor area described herein are also intended to apply cumulatively to those circumstances of common ownership described in subsection (d) of this section.

d. It is the intent of the Town Council that the provisions of this chapter shall apply to the extension of an existing building or structure on the same or adjoining parcels as that on which an existing building or structure is located and to the installation of a new or additional building or structure on the same or on an adjoining parcel of land under the same ownership and to the extension of an existing use to an adjoining parcel of land under the same ownership. It is the intent of the Town Council that the provisions of this chapter shall apply to any land abutting on a street held in the same ownership as other land abutting on that street for which a development permit has been previously granted.

(Ord. No. 2003-171 § 2 (part))

a. If the Town Council shall determine that land dedicated, improvements made or money contributed in lieu of improvements under and pursuant to the provisions of this chapter shall, in any given case, no longer be necessary because of a change in street plan lines, street plans or improvement requirements, and if the Town Council further determines that it is equitable and reasonable to do so, the Town Council shall be empowered to direct the conveyance by quit claim deed of said dedicated land and improvements and the refund without interest of any money paid in lieu of improvements to the present owner (at the time of said conveyance or refund) of the land adjoining the dedicated land.

b. The Town Council finds and determines that said conveyance and refund should be made to the present owner for the following reasons: to quit claim to one other than the present owner could leave the present owner's adjoining land without access and landlocked; subsequent owners receive the benefit of a prior owner's compliance with the provisions of this chapter; and therefore, subsequent owners should receive the benefit of any relinquishment by the Town; presumably the cost of dedication and improvement is included in the price which the present owner paid to the prior owner; the tracing of title from present owner to prior owner or owners is costly, burdensome and time consuming and would often outweigh the value of property conveyed or the refund made. The intent of this chapter is that improvements, once made, run with the land and requirements under this chapter once met, need not be repeated on each change of ownership.

c. The Town Council finds and determines that no interest should be paid on refunds for the following reasons: as the Town derives no benefit from improvements until they are made, the Town should be entitled to retain any interest on payments in lieu of improvements to compensate the Town for the inability to use the improvements. The Town has not had the unlimited use of funds paid in lieu of improvements under the provisions of this chapter and therefore should not be required to make payment therefore in the form of interest.

d. As used in this section, the phrase "land adjoining the dedicated land" refers to the land out of which the dedication is made and which adjoins the dedicated land.

(Ord. No. 2003-171 § 2 (part))

a. Staff Decisions. A determination or decision by staff may be appealed to the Town Council.

b. Filing and Processing of Appeals.

1. Eligibility. Any action or decision by the staff or the administration or enforcement of the provisions of this chapter may be appealed by any aggrieved person in compliance with this chapter.

2. Timing and form of appeal. Appeals shall be submitted in writing and filed with the Town Clerk, on a Town application form, within ten (10) days after the date of the decision. "Date of decision" shall include formal hearings and action taken by the Town Council, Planning Commission or Planning Director. In the absence of a formal hearing, the appeal shall be filed prior to issuance of building permit. The appeal shall state the pertinent facts of the case and the basis for the appeal. Appeals shall be accompanied by the required filing fee. Should the appeal period provided in this chapter end on a day when the Town offices are closed, the last day to file an appeal shall be the next regular business day for the Town.

3. Report and scheduling of hearing. When an appeal has been filed, the staff shall prepare a report on the matter, and schedule the matter for consideration by the Town Council.

4. Action. If the matter originally required a public hearing, the Town Clerk shall provide notice of the hearing in compliance with State law. At the hearing, the Town Council may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. The Town Council may:

(a) Affirm, affirm in part, or reverse the action, the determination or decision that is the subject of the appeal;

(b) Adopt additional conditions of approval that may address issues or concerns other than the subject of the appeal; or

(c) Disapprove the development permit approved by the previous review authority, even though the appellant only appealed the decision within this chapter.

If new or different evidence is presented on appeal, the Town Council may refer the matter to staff for further consideration.

c. Council Review. A member of the Town Council may appeal an action of the staff. All provisions of this chapter shall apply to such an appeal, provided however, no filing fee need be paid and further provided that there shall be no inference of bias attributed to the party undertaking such appeal.

(Ord. No. 2003-171 § 2 (part))

All departments, officials and employees of the Town vested with the duty or authority to issue permits shall conform to the provisions of this chapter and shall not issue any permit, certificate or license for use of building or for purposes in conflict with the provisions of this chapter. Any such permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. No. 2003-171 § 2 (part))

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or any use of land contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance. The Town Attorney shall, upon the order of the Town council, commence action or proceedings for the abatement and removal or enjoinment thereof in the manner prescribed by law.

(Ord. No. 2003-171 § 2 (part))

The building official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or upon any land used contrary to the provisions of this chapter unless and until the provisions of this chapter are met.

(Ord. No. 2003-171 § 2 (part))

The remedies contained in this chapter shall be cumulative in addition to such other remedies as provided by law and without limitation to the right to institute such legal action as may be necessary to enforce this chapter or the agreements described in this chapter or to recover damages for the breach thereof against the principal or surety.

(Ord. No. 2003-171 § 2 (part))

The Town Manager or his/her designee shall have the power to establish rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement.

(Ord. No. 2003-171 § 2 (part))

This chapter shall be applicable to any development permit issued after the effective date of the ordinance codified herein, provided, however, that in computing requirements under this chapter for a given parcel of land, credit shall be given to a permittee for payments in lieu of improvements made by said permittee or his or her predecessor in interest prior to the effective date of this chapter.

(Ord. No. 2003-171 § 2 (part))