Chapter 11.04
PUBLIC IMPROVEMENTS
Sections:
11.04.010 Absence declared prejudicial to health, safety and welfare.
11.04.030 Distance along street frontage.
11.04.080 Modification for extreme hardship.
11.04.090 Cost of existing street lighting facilities.
11.04.100 Improvements under private contract – Permission required.
11.04.010 Absence declared prejudicial to health, safety and welfare.
The absence of curbs, gutters, sidewalks, paving and adequate drainage, fire protection and street lighting facilities within the city is found and declared to be prejudicial to the public health, safety and general welfare of the inhabitants of the city. (1964 Code § 20.1.)
11.04.020 Required when.
Any person constructing or causing to be constructed any building, dwelling, parking or storage lot, or developing any areas of the city, shall also construct or install, at his own cost, curbs, gutters, sidewalks, paving and drainage, and fire protection facilities and appurtenances and dedicate necessary rights-of-way, in accordance with the standards and specifications of the city and in accordance with the master plan of the streets and highways of the city. Such improvements shall be constructed or installed along all public street frontage adjoining the land being developed or upon which any building, dwelling, parking or storage lot is to be constructed unless curbs, gutters, sidewalks, paving and adequate drainage, and fire protection facilities already exist along the street frontage at their ultimate location(s).
Street lighting facilities and appurtenances shall be installed adjacent to the property being developed where no street lighting exists along the abutting street, providing the proposed street light location(s) fit the ultimate location(s) of the street lights along the entire street. Street lighting facilities and appurtenances shall also be installed adjacent to the property being developed if there is existing street lighting along the abutting street which does not conform with current city street lighting standards, and the proposed street light location(s) fit the ultimate location(s) of the street lights along the entire street. (Ord. 1600 § 1, 1985; Ord. 1375 § 1, 1977; 1964 Code § 20.2.)
11.04.030 Distance along street frontage.
In areas not subdivided into parcels or lots, the improvements required by this chapter need not extend a greater distance along the street frontage than:
A. The required side yards of such building or parking lot;
B. The required side and rear yards in the case of corner lots;
C. Such areas as may be used as an accessory to the principal use of the buildings thereon. (1964 Code § 20.3.)
11.04.040 Procedure.
Upon application for a building permit or permit required under CMC 11.08.030, or prior to construction of any parking or storage lot, the director of public works (“director”) shall determine the improvements which are required by this chapter. The applicant shall provide construction plans, quantity and cost estimates, and construction staking. The director shall accept or modify the quantity and cost estimates. No permits shall be issued for any building or dwelling, nor shall any parking or storage lot be constructed, nor shall any development of any area occur, until the director certifies that the improvements required by this chapter exist or that a performance bond has been posted with the city to guarantee the construction of the improvements, and necessary rights-of-way have been dedicated. A cash deposit shall be submitted with the required performance bond, the amount based on a percentage of the estimated construction or installation cost of the improvements and the sum to be for inspection and plan checking charges. The percentage to be used shall be established by the city council from time to time by resolution. (Ord. 10-1987 § 1, 2010; Ord. 1600 § 2, 1985; 1964 Code § 20.4.)
11.04.060 Performance bond.
When a performance bond is posted, the bond shall be posted with the city in an amount equal to the estimated cost of the construction or installation of the improvements. (Ord. 1600 § 4, 1985; 1964 Code § 20.6.)
11.04.070 Exceptions.
The provisions of this chapter shall not apply to construction in the following cases:
A. Development on land being subdivided under the provisions of CMC Title 16.
B. Additions, alterations or reconstruction of an existing single-family residence where such construction does not increase the gross floor area (not including parking structure) by more than 50 percent.
C. Additions, alterations or reconstruction of an existing residential unit or units on property zoned for multiple-family use where such construction does not increase the total gross floor area of all of the units (not including parking structure) by more than 50 percent; and providing further, that no additional residential units are created.
D. Additions to or reconstruction or alterations of existing commercial or industrial buildings or structures where such additions, reconstruction or alterations do not increase the gross floor area of the existing buildings or structures by more than 50 percent. (Ord. 1600 § 5, 1985; 1964 Code § 20.7.)
11.04.080 Modification for extreme hardship.
If unusual conditions exist or when compliance with the provisions of this chapter would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner, modify the requirements contained in this chapter as it may deem fit. (1964 Code § 20.8.)
11.04.090 Cost of existing street lighting facilities.
The owner, developer or applicant shall pay a proportionate share of the cost of existing street lighting facilities, where such existing street lights are not to be replaced, as follows:
A. Where street lighting exists on streets abutting a development and where the owners or prior owners of such property have never paid a proportionate share of the cost of installing such street lighting, the owner, developer or applicant shall pay to the city a proportionate share of the cost of such lighting facilities in an amount per front foot established by the city council from time to time by resolution.
B. If the shape of such real property is other than the usual rectangular shape, or unusual in area, and strict adherence to the provision of subsection (A) of this section would require the payment of an amount not commensurate with provisions of such subsection (A) of this section, the amount to be charged may be modified as determined by the city engineer. (Ord. 1600 § 6, 1985; Ord. 1375 § 1, 1977; 1964 Code § 20.9.)
11.04.100 Improvements under private contract – Permission required.
It is unlawful for the owner of any property fronting on any street in the city to grade or otherwise improve said street under private contract without first obtaining permission from the engineering department to do so, and it is unlawful for any contractor or other person to commence any street work under private contract without first obtaining permission from the engineering department to do such work. The city council may impose such terms and conditions under the granting of such permission as they, in their discretion, may deem necessary for the proper performance of the work. (Ord. 1600 § 7, 1985; 1964 Code § 23.83.)