Division 10-30.50:
Public Improvements
Sections:
10-30.50.010 Purpose
10-30.50.020 Responsibilities
10-30.50.030 Public Improvements Defined
10-30.50.040 Exemptions
10-30.50.050 Impact Analysis Required
10-30.50.060 Minimum Requirements
10-30.50.070 Inspection and Acceptance of Public Improvements
10-30.50.080 Appeals
10-30.50.010 Purpose
It is the intent and purpose of this section to set forth the minimum acceptable standards for public improvements that are required to mitigate the impacts of new development as determined by an appropriate impact study (See Section 10-30.50.050); to define the responsibility of the applicant in planning, constructing and financing public improvements; and to set forth the City’s responsibilities in the review and acceptance of public improvements.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))
10-30.50.020 Responsibilities
A. Responsibilities – All Single-Family Residential Subdivisions.
1. It shall be the responsibility and duty of the applicant to plan, construct, and finance all public improvements associated with and required to mitigate the impacts of the subdivision of land, unless a development agreement specifically provides otherwise.
2. The applicant must have an engineer registered in the State of Arizona prepare a complete set of improvement plans for constructing required public improvements. Such plans shall be based on the approved preliminary plat, zoning case, site plan, and/or staff approval stipulations. The applicant must prepare these plans in conjunction and in conformance with the subdivision plat.
3. The Building Official may only accept a building permit application for review no less than 30 days after the final plat for the subdivision has been recorded subject to the provisions of City Code Section 11-20.70.030(G). When the building permit is ready to be issued, a condition of its approval shall state that construction activity authorized by the building permit may not commence until any uncompleted streets to be used by construction or residential traffic satisfy the requirements of Section 13-10-013-0001, Use of Uncompleted Streets within a Subdivision, in the Engineering Standards. Such building permit application shall be submitted at the applicant’s risk, and the City will not be responsible for delays in the issuance of the permit or increases in applicable fees including, but not limited to, changes required to the submitted plans as a result of Building Code amendments that may be in effect.
4. The applicant shall be responsible for ensuring that all public improvements are constructed in compliance with applicable Federal, State, county, and City requirements. All public improvements must be completed and formally accepted by the agencies from which construction permits were issued before the City will issue a conditional or final certificate of occupancy for any building or structure within the subdivision.
5. The applicant may meet the requirements of this division by participating in a City-approved improvement district.
B. Responsibilities – All Other Development.
1. It shall be the responsibility and duty of the applicant to plan, construct and finance all public improvements associated with and required to mitigate the impacts of new land development, including commercial subdivisions and all developments subject to site plan review and approval (see Section 10-20.40.140), unless a development agreement specifically provides otherwise.
2. The Building Official may issue a building permit in accordance with the requirements of Section 10-20.40.030, Building Permits and Certificates of Occupancy, when:
a. The required engineering design report and/or construction plans for public improvements have been conditionally approved by the City Engineer and found to be in substantial compliance with City standards and specifications; and
b. An assurance has been provided pursuant to Division 10-20.100, Assurance of Performance for Construction.
3. The applicant must have an engineer who is registered in the State of Arizona prepare a complete set of improvement plans for constructing required public improvements. Such plans must be based on the approved preliminary plat (if applicable), zoning case, site plan, and/or staff-approved stipulations. The applicant must prepare these plans in conjunction with and in conformance to an approved site plan.
4. All public improvements must be completed and formally accepted by the agencies from which construction permits were issued before the City will issue a certificate of occupancy for any building or structure on the property. A conditional certificate of occupancy may be issued if the Building Official and City Engineer determine that no life safety concerns are present.
5. The applicant may meet the requirements of this division by participating in a City-approved improvement district.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))
10-30.50.030 Public Improvements Defined
A. Public improvements mean any right-of-way, easement, access right or physical improvement that is required to mitigate the impacts of new development, as determined by an appropriate impact study, and which, upon formal acceptance by the City, becomes the responsibility of the City for ownership, maintenance and repair, unless provided by others, including the maintenance of sidewalks and certain landscaping. (See City Code Chapter 8-01.) Such public improvements may include, but are not limited to, roadways and alley sections including pavement, base course, street lights, curbs and gutters, parkway, sidewalks or urban trails and FUTS trails, traffic control improvements, right-of-way landscaping and irrigation systems, drainage facilities, fire hydrants and utilities, including water, sewer, gas, electric power, telephone, and cable television, and all other improvements which, upon completion, are intended to be for the use and enjoyment of the public.
(Ord. 2020-11, Amended, 5/5/2020 (Res. 2020-17); Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))
10-30.50.040 Exemptions
The following are exempt from all the requirements of this division:
A. An expansion or alteration of an existing nonresidential or multifamily residential use that results in a 25 percent or less increase in the intensity of the use in terms of additional dwelling units, gross floor area, seating capacity or parking spaces, either with a single or cumulative addition(s) or expansion(s); or
B. An expansion or alteration of an existing nonresidential or multifamily residential use that results in a change of 50 percent or less of the actual value of the structure prior to the start of construction as determined from the records of the Coconino County Assessor or by a current appraisal by an appraiser licensed by the State of Arizona; or
C. Construction of or alteration to a single-family detached residence or a duplex of any value.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02). Formerly 10-30.50.050)
10-30.50.050 Impact Analysis Required
A. Pursuant to Chapter 13-05, Engineering Design Reports, of the Engineering Standards and the Stormwater Regulations, the City Engineer and Stormwater Manager shall require the applicant to furnish impact studies to assess the impact of new development on the City’s existing streets, public utilities and drainage infrastructure. The Utility Director shall assess the impact of new development on the City’s utility infrastructure.
B. When an impact study identifies impacts to the City’s public infrastructure that are attributable to the proposed development, impact mitigation is required. The design and construction of improvements to mitigate the identified impacts shall be constructed by the applicant.
C. Impact analyses shall be valid for the period of time as defined in the Engineering Standards and the Stormwater Regulations.
D. The requirements of this subsection may be waived with the consent of both the City and the applicant.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02). Formerly 10-30.50.060)
10-30.50.060 Minimum Requirements
The public improvements required pursuant to this division shall have a rational nexus with, and shall be roughly proportionate to, the impact(s) created by the subdivision or land development as determined by the studies described in Section 10-30.50.050, Impact Analysis Required. The presumptive minimum requirements for public improvements as described in Section 10-30.50.030, Public Improvements Defined, are:
A. Right-of-Way.
1. If, as determined by the City Engineer, the property to be developed does not have adequate rights-of-way due to the new development, or will not accommodate the public improvements that are required to mitigate the impacts of the new development, then necessary right-of-way must be dedicated to the City.
2. The City Engineer may impose special requirements, such as imposing additional setbacks, to assure future right-of-way needs as may be contemplated under the existing General Plan or other approved land use documents.
a. In the event that the granting of right-of-way or drainage way creates a nonconforming lot due to the decrease in land, the remainder will be considered a legal nonconforming lot.
b. When it is necessary for a development to improve a street and sufficient right-of-way is not available from other area property owners not subject to the provisions of this division, the Director, with the approval of the Council, may pursue all legally permissible steps in order to obtain the property necessary for the right-of-way, provided there is a demonstrated public need for the additional right-of-way. All costs associated with the dedication of such right-of-way, including all legal fees, shall be the responsibility of the applicant.
B. Water. Water system improvements sized for the development in accordance with the Engineering Standards shall be extended to the property being developed. Water lines shall be extended to and across the full front, side, and/or rear boundaries of the property being developed where needed, as determined by the City Engineer. Additionally, where needed as determined by the Utilities Director, water lines sized in accordance with established criteria and protocols employed by the Utilities Division and/or an approved utilities master plan adopted in support of the General Plan to accommodate future development shall be extended through the property being developed to the property boundaries to provide future connection with adjoining lands.
C. Sanitary Sewer. Sanitary sewer system improvements sized for the development in accordance with the Engineering Standards shall be extended to the property being developed. Sewer lines shall be extended to and across the full front, side, and rear boundaries of the property being developed where needed, as determined by the City Engineer. Additionally, where needed as determined by the Utilities Director, sewer lines sized in accordance with established criteria and protocols employed by the Utilities Division and/or an approved utilities master plan adopted in support of the General Plan to accommodate future development shall be extended through the property being developed to the property boundaries to provide future connection with adjoining land.
D. Reclaim Water. Reclaim water improvements sized in accordance with the Engineering Standards shall be extended to new park or schools facilities in new subdivisions in which new parks and schools are required.
E. Drainage. Drainage improvements required for the development in accordance with the Engineering Standards and all applicable City Stormwater Regulations. When developments are required to perform a Drainage Impact Analysis (DIA) and the approved DIA identifies impacts to the public drainage system as a result of the proposed development, impact mitigation by the applicant is required. Design and construction of improvements that mitigate the impacts attributable to the development, as identified in the approved DIA, shall be the sole responsibility of the applicant. Public drainage improvements are applicable to adjacent right-of-way and on-site based on the findings of required drainage reports, applicable stormwater master plans and General Plan improvements or other documents that clearly demonstrate the need for drainage facilities.
F. Franchise Utilities. All telephone, electric power, cable television, natural gas, or other wires or cables necessary to serve the development in accordance with the owning franchise requirements and the Engineering Standards.
G. Alley/Lane Improvements. When property access is necessary or proposed via an alley/lane, full width alley/lane improvements along the full property frontage in accordance with the Engineering Standards. Alley/lane improvements shall also be extended to the nearest public street if no improved alley or lane connection presently exists.
H. Flagstaff Urban Trails System Improvements. Full width trail improvements in accordance with the Engineering Standards through or along the full frontage of the property being developed along alignments indicated in the General Plan.
I. Traffic Control Related Improvements. When developments are required to perform a traffic impact analysis (TIA) in accordance with the Engineering Standards, and the approved TIA identifies impacts to the public road system as a result of the proposed development, impact mitigation by the applicant is required. Design and construction of improvements that mitigate the impacts attributable to the development, as identified in the approved TIA, shall be the sole responsibility of the applicant.
J. Street Improvements. Street improvements shall be constructed to and across the full front, side and rear boundaries of the property being developed where needed, as determined by the City Engineer, as follows:
1. Any multi-residential or nonresidential construction shall be required to construct a minimum 24-foot-wide street to accommodate two-way traffic and emergency vehicles as well as if required, on-street parking or bike lanes for the full frontage(s) of the development property boundaries which abut existing or proposed public streets.
a. Street types adequate to serve the anticipated traffic volumes generated by the development and the projected neighborhood growth patterns resulting in future developments as may be contemplated under the existing General Plan or other approved land use documents will be required.
b. If the property being developed is not adjacent to an existing improved public street, subsection (J)(2) of this section shall apply.
2. Where the property being developed is separated from an existing improved public street by an unimproved section of public street, the applicant will be required to construct such connection as necessary to facilitate traffic to/from the development. The City may construct connecting street improvements thereby making the property being developed adjacent to an existing improved public street. If the City elects to construct the street improvements, it will construct the street improvements at a time that will coincide with the construction of the street improvements required of the property being developed.
K. If the public improvement requirements imposed upon the development by the City are greater than those required to mitigate impacts of the subject development, and if at the time of development the City wishes to make improvements to its general public infrastructure capacities, the City will bear the additional cost(s) associated with the upgrading of capacities of those improvements. The limits of the City’s participation shall be determined by the difference in the approved design and construction costs with and without mitigated capacity increases of those improvements.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02). Formerly 10-30.50.070)
10-30.50.070 Inspection and Acceptance of Public Improvements
A. The City Engineer shall provide for inspection of required public improvements during construction to ensure their satisfactory completion.
B. If the City Engineer finds upon inspection that any of the required public improvements have not been constructed in accordance with the Engineering Standards and the approved construction plans, the applicant shall be responsible for completing or replacing such improvements as to the specifications of the City.
C. Final inspection of public improvements will be scheduled with the City Engineer prior to their acceptance.
D. The City will not accept the required public improvements nor release any assurance until the development is accepted by the City Engineer. The City Engineer shall issue a letter of completion upon final acceptance.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02). Formerly 10-30.50.080)
10-30.50.080 Appeals
Any person, firm or corporation may appeal the dedication or exaction required as a condition of granting approval for the use, improvement or development of real property to an administrative hearing officer, in accordance with the appeal provisions established in Section 10-20.80.040, Appeals of Dedications and Exactions.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02). Formerly 10-30.50.090)