CHAPTER 14-1: OFF-SITE IMPROVEMENTS
SECTIONS:
14-1-1: APPLICABILITY OF CHAPTER:
14-1-2: OFF SITE IMPROVEMENTS REQUIRED:
14-1-3: DETERMINATION OF EXTENT OF OFF SITE IMPROVEMENTS:
14-1-4: APPROVAL OF OFF SITE IMPROVEMENT PLANS:
14-1-5: COMPLETION OF OFF SITE IMPROVEMENTS:
14-1-7: NONCONFORMING LOT RESULTING FROM DEDICATION OF RIGHT OF WAY:
14-1-8: COMPATIBILITY WITH PRESCOTT LAND DEVELOPMENT CODE:
14-1-1 APPLICABILITY OF CHAPTER:
(A) This chapter shall apply:
1. When a new building is being constructed.
2. When an addition to an existing building is being constructed, and the addition is valued at fifty percent (50%) or more of the building’s value prior to the addition.
3. When an interior or exterior remodeling is done, and the value of that remodeling is fifty percent (50%) or more of the building’s value prior to the remodeling.
4. When there is any change in use or change in allowed use for which any city approvals are required.
(B) This chapter shall not apply to a structure which is zoned solely for single-family residential purposes.
(C) Subsections 14-1-2(A), (C), (E) and (F) of this chapter shall not apply to a property which is scheduled for those improvements in accordance with a capital improvement plan as adopted by the city council. (Ord. 3469, eff. 2-22-1996; amd. Ord. 3652, eff. 8-21-1997)
14-1-2 OFF SITE IMPROVEMENTS REQUIRED:
(A) Asphalt concrete surfacing, grading, and aggregate base of a roadway or alleyway.
(B) Traffic control devices and signalization.
(C) Construction or repair of concrete sidewalks abutting the property.
(D) Installation of fire hydrants to service the property.
(E) Construction or repair of curb and gutter which abuts the property.
(F) Dedication of right of way.
(G) Completion of traffic area impact studies, or financial contribution towards the cost thereof.
(H) Utility upgrades to adequately service the property.
(I) On site and/or off site drainage facilities or improvements. (Ord. 687, 11-9-1964)
14-1-3 DETERMINATION OF EXTENT OF OFF SITE IMPROVEMENTS:
(A) The improvements required by subsections 14-1-2(A), (B), (G) and (I) of this chapter shall be determined based upon an individualized determination to be made by the public works director that the required improvement (or proportionate amount thereof) is related both in nature and extent to the proposed use of the property.
(B) The improvements required by subsection 14-1-2(F) of this chapter shall be determined based upon an individualized determination that the required dedication is related both in nature and extent to the proposed use of the property, said determination to be made pursuant to a traffic impact analysis. The public works director shall determine whether or not a traffic impact analysis is required; in that event that such an analysis is required, it shall be paid for by the property owner, and shall be performed by an independent third party acceptable to the public works director.
(C) In the event that the traffic impact analysis required pursuant to subsection (B) of this section determines that right of way dedication is not required, then and in that event the city of Prescott shall be responsible for paying for the actual cost of said analysis.
(D) Notwithstanding the provisions of subsection (B) of this section, right of way dedication may be accepted by the city if the property owner voluntarily agrees to dedicate said right of way without the necessity of obtaining a traffic impact analysis. (Ord. 3684, eff. 11-27-1997)
14-1-4 APPROVAL OF OFF SITE IMPROVEMENT PLANS:
(A) Approval of off site improvement plans consisting of designed and engineered plans shall be prerequisite to the issuance of a building permit. Off site improvements shall be constructed in accordance with the plans approved by the public works director and in accordance with "The Standard Detail Drawings And Uniform Standard Specifications For Public Works Construction".
(B) When off site improvements are waived and a cash deposit is made in lieu thereof in accordance with section 14-1-5 of this chapter, the submittal of off site improvement plans consisting of designed and engineered plans are not required as a prerequisite to the issuance of a building permit or the issuance of an occupancy permit by the building official. (Ord. 687, 11-9-1964)
14-1-5 COMPLETION OF OFF SITE IMPROVEMENTS:
(A) Completion of the required off site improvements is a prerequisite to the issuance of a certificate of occupancy by the building official, unless an earlier completion date is required as a condition of city approval in accordance with subsection 14-1-1(A)4 of this chapter. Improvements will be considered complete when they have been inspected and accepted by the public works director, who shall certify in writing to the building official that the required off site improvements have been constructed in accordance with the approved plans.
(B) If the public works director determines, in his sole discretion, that off site improvements are applicable, but should not be constructed by the property owner, the public works director may waive actual construction of said improvements and require, in their place, a deposit in cash by, or on behalf of, the applicant or property owner, in an amount estimated by the public works director to cover the costs of the installation of such off site improvements. All such sums deposited shall be used to defray the cost of any required off site improvements, and when thus installed the portion of such deposit exceeding the cost of said installation shall be refunded, without interest, to the person making the deposit. Payment of the foregoing sums shall be required prior to the issuance of a certificate of occupancy by the building official, unless an earlier date is set forth as a condition of city approval in accordance with subsection 14-1-1(A)4 of this chapter. (Ord. 3652, eff. 8-21-1997)
14-1-6 EXCEPTIONS:
Where the construction alterations or additions consist solely of the installation or replacement of mechanical equipment, or the alterations or additions do not constitute a change in use and will not generate additional traffic, off site improvements are not a requirement under this chapter. (Ord. 687, 11-9-1964
14-1-7 NONCONFORMING LOT RESULTING FROM DEDICATION OF RIGHT OF WAY:
When dedication is required by this chapter and the resultant lot or parcel of land whose lot area or street frontage becomes less than that required by the Prescott land development code, said lot or parcel of land shall hereafter be deemed to be a legal lot or parcel of land if said parcel had sufficient lot area and street frontage prior to the dedication. (Ord. 4449, 1-11-2005)
14-1-8 COMPATIBILITY WITH PRESCOTT LAND DEVELOPMENT CODE:
The provisions of this title are not intended to conflict with or waive any of the provisions of title X, chapter 1, "Land Development Code", of this code. (Ord. 4449, 1-11-2005)
14-1-9 CIVIL VIOLATION:
Violation of any provision of this chapter shall be a civil violation and shall be subject to the provisions of section 1-3-2 of this code for each day that the violation continues. (Ord. 687, 11-9-1964)