Chapter 16.32 IMPROVEMENTS

Chapter 16.32
IMPROVEMENTS

Sections:

16.32.010 Supplementary standards—Adoption procedure.

16.32.020 Standard specifications including supplementary standards—Adopted.

16.32.050 Welfare or safety improvements.

16.32.010 Supplementary standards—Adoption procedure.

A. The council may adopt by resolution, from time to time, supplementary standards or other standard specifications and designs with respect to the improvement of streets and easements in subdivisions, including but not confined to the standards of design and workmanship of such improvements and specifications as to materials used therein.

B. Such supplementary standards may be adopted by reference, without posting or publishing them, if they have been printed in book or pamphlet form and three copies thereof have been filed for use and examination by the public in the office of the clerk prior to the adoption thereof.

C. Where adopted by reference, the clerk shall furnish any interested person on request with a copy of such standards. The council may impose a reasonable charge for such copies, based on cost of printing the same.

D. Said supplementary standards or other standard specifications and designs may be amended or repealed by the council at any time by resolution. The provisions of Section 16.12.010 do not apply to such standards.

E. Prior to adoption, amendment or repeal of any such supplementary standards, the council shall refer the proposal in writing to the commission for an advisory report thereon. The matter shall be considered by the commission at its next public meeting, but no public notice shall be required with respect thereto. If the commission fails to file its report with the council within thirty days after the proposal has been filed with its secretary, the council may proceed with the matter without such report. If the proposal for adoption, amendment or repeal of such standards is initiated by the commission, no further report on such proposal shall be required from the commission unless the council proposes to make substantial changes therein.

F. Whenever any provision of this title, or any other applicable ordinance, or of any law of the state, requires a more strict standard than set forth in such supplementary standards, the same shall be deemed to prevail over such supplementary standards.

G. The supplementary improvement standards in effect at the time of approval of a tentative subdivision map shall be applied to such map, the final map based thereon, and the improvement of such subdivision; provided however, that the subdivider may elect to have the improvements governed by the supplementary improvement standards in effect at the time of making of the improvements, in which case all improvements in the subdivision must conform to such standards.

H. Neither the provisions of this section nor the adoption of any such supplementary standards shall be deemed to limit any discretion which may be vested by this title in the commission, the council, the city engineer or any other person charged with the application, construction or enforcement of this title, except to the extent that the matter is specifically covered by a standard or specification adopted as herein provided.

I. Until such time as the council adopts new or additional supplementary improvement standards, Section 16.32.020 and the certain standards of design and materials therein referred to, shall continue in effect, and shall be the supplementary improvement standards referred to in this title. (Ord. 633 § 1 (part), 1981; Ord. 424 § 500, 1967)

16.32.020 Standard specifications including supplementary standards—Adopted.

All improvements shall conform to the applicable standards of design and materials which are set forth in a pamphlet entitled “Standard Specifications and Designs” adopted by the council of the city of Dinuba on April 14, 1981, by Resolution No. 4097 and are incorporated herein by reference. Three copies of each of the pamphlet and the book have been filed prior to the adoption of the ordinance codified in this title for use and examination by the public in the office of the city clerk, City Hall, in accordance with Section 1161 of the Business and Professions Code of the state; and the city clerk shall continue to maintain three copies each of the pamphlet and the book for the use and examination by the public; and the pamphlet and the book are adopted by reference as the standards for the design and construction of improvements for subdivisions in the city. (Ord. 633 § 1 (part), 1981: Ord. 381 § 11(a), 1964: Ord. 348 § 11, 1961)

16.32.030 Expense of subdivider.

All costs of planning, engineering, surveying, construction and inspection (including the reasonable cost of city inspection) of subdivisions and improvements on or connected therewith, shall be at the expense of the subdivider, subject to the other provisions of Sections 16.32.040 and 16.32.050. (Ord. 424 § 600, 1967)

16.32.040 Oversized improvements.

If the council determines by resolution that the required size or width of any street paving, storm drains, sewers or water mains is greater than would otherwise be required under this title, by reason of use thereof for the benefit of property lying or persons residing outside of the subdivision, the council may undertake such portion of the expenses of such improvement as it may determine to result from such greater size, or reimburse the subdivider therefor, pursuant to contract so providing. (Ord. 424 § 601, 1967)

16.32.050 Welfare or safety improvements.

If the council determines by resolution that any improvement required of the subdivider, other than those mentioned in the preceding section, is required in whole or in part for the purpose of public safety or welfare of the local neighborhood or the general community, the council may undertake such portion of the expenses of such improvement as it may determine to have an equitable relation to such purposes, or reimburse the subdivider therefor, pursuant to contract so providing. (Ord. 424 § 602, 1967)