Chapter 16.130
REQUIRED IMPROVEMENTS AND DEDICATIONS
Sections:
16.130.010 Underground utility installation.
16.130.020 Transportation improvement standards.
16.130.030 Water and sanitary sewer systems.
16.130.035 Streetlights and related facilities.
16.130.040 Permanent control monuments.
16.130.050 Building construction prior to improvement completion.
16.130.060 Transportation and related improvements dedication.
16.130.070 Special public use dedications and reservations.
16.130.010 Underground utility installation.
Subdivisions or short subdivisions shall provide underground utility lines, including but not limited to those for electricity and communications. Subdivisions or short subdivisions shall underground all existing utility lines along the projects frontage unless the applicant can show that doing so is technically or financially unfeasible. Requests for modification to this standard will be processed pursuant to BGMC 12.116.290. (Ord. 18-09 § 4 (part), 2018: Ord. 13-07 § 14, 2013: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.020 Transportation improvement standards.
All roads, streets, bridges, drains, culverts and related structures and facilities shall be constructed in accordance with current standards promulgated by the city council and in effect at the time of construction. Streets must conform to Chapter 12.116 BGMC. All streets within or adjacent to a subdivision shall be constructed with curbs and gutters, underground storm sewers, and sidewalks, in accordance with standards. The requirements for sidewalks are specified in Chapter 12.104 BGMC and BGMC 12.116.070. The city council may vary the improvement standards in individual cases by granting a variance as specified in this title, for good cause. (Ord. 18-09 § 4 (part), 2018: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.030 Water and sanitary sewer systems.
Water supply facilities adequate to provide potable water from a public or community water supply source to each lot within a subdivision or short subdivision shall be installed in conformance with the standards of the city code. Water and sanitary sewer service within or along the frontage of a development shall be extended to the extreme property lines of that development unless the applicant demonstrates to the decision body that such extension is undesirable, impractical or unfeasible. Each lot shall be provided with a sanitary sewer system connection as provided by BGMC 13.120.010. Water service mains shall meet applicable standards, and fire hydrants shall be installed in accordance with BGMC 15.105.100. (Ord. 18-09 § 4 (part), 2018: Ord. 13-07 § 15, 2013: Ord. 09-08 § 9, 2009: Ord. 99-008 § 1(G) (part), 1999: Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.035 Streetlights and related facilities.
Streetlights and related facilities shall be designed and installed in accordance with a streetlight plan approved by the city. Plans shall be prepared by a licensed electrical engineer or Clark Public Utilities and shall show the necessary minimum lighting levels per current standards. The developer and/or owner of the property being improved shall be responsible for the installation and payment of any costs for streetlights and their installation. Standards are provided in Chapter 12.116 BGMC for streetlights on residential streets. (Ord. 18-09 § 4 (part), 2018: Ord. 14-07 § 8 (part), 2014: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.040 Permanent control monuments.
Except for those divisions exempted by this title, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. Permanent control monuments within the streets shall be set after the roads are graded. In the event a final plat is approved before the roads are graded, the surety deposited to secure grading shall be sufficient to pay the costs estimated by the city engineer of setting such monuments. (Ord. 18-09 § 4 (part), 2018: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.050 Building construction prior to improvement completion.
In the event required subdivision improvements have not been installed or completed by the subdivider, but necessary bonds or subdivision improvement guarantees have been furnished and posted, with the consent and approval of the planning director, occupancy permits may be granted for certain buildings and structures, such as model homes, pursuant to building permits issued in the usual manner, even though said necessary improvements have not been completed. BGMC 12.116.090 addresses requirements for construction bonds for streets and other required public improvements. (Ord. 18-09 § 4 (part), 2018: Ord. 11-06 § 7, 2011: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.060 Transportation and related improvements dedication.
Streets will be accepted for maintenance by the city engineer in accordance with BGMC 12.116.120. All streets shall be dedicated to the city unless private streets are permitted in accordance with BGMC 12.116.130. Protective improvements, as may be required by this title, shall be dedicated to the city council or other entity as approved by the city engineer. The city engineer may allow the dedication of certain public improvements (e.g., parkways, stormwater facilities, landscape medians, neighborhood entries and similar improvements) to be conveyed to a homeowner’s association or similar nonprofit corporation. All dedications of land and improvements shall be clearly and precisely indicated on the final plat. Unless specifically noted otherwise on the plat, approval of the subject plat for recording shall constitute acceptance of the dedications indicated on the plat, subject to applicable time limitations relative to maintenance bonds, performance bonds and other subdivision improvement guarantees. (Ord. 20-08 § 5, 2020: Ord. 18-09 § 4 (part), 2018: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)
16.130.070 Special public use dedications and reservations.
A. During the process of reviewing and approving land subdivisions, the comprehensive plan or other findings and recommendations of the city council may indicate the need for other public uses not directly and exclusively related to typical subdivision improvement requirements, such as archaeological, cultural and historic sites, sensitive natural areas, parks, playgrounds, parkways, school grounds and school sites and other such places or facilities of compelling state and local interest.
B. In such cases where the comprehensive plan or other findings and recommendations support the acquisition of private property for a public use, other than typical required subdivision improvements, the planning commission and city council may request that the subdivider or owner of such private property thereof voluntarily dedicate this land required for such public use.
C. In the event such land requested for public use is not voluntarily dedicated, any public agency may request that the city council, at any time prior to preliminary plat approval, notify the subdivider of its intention to acquire the subject land by condemnation. The city council may require the reservation of such land for a stated period not to exceed three years following approval of a final plat, during which time a public agency with condemnation powers may acquire the land. To this end, the city council may require that such land needed for public use be designated on the plat as reserved land not to be developed for uses other than the contemplated public use. No building or other development permit shall be issued for improvements on reserved lands during the period of reservation unless expressly authorized by the city council.
D. If the public agency has not acquired or commenced proceedings to acquire reserved land within the period set by the city council, the subdivider and the subdivider’s successors may proceed to develop the reserved land in conformity with applicable local zoning regulations and the requirements of this title. (Ord. 18-09 § 4 (part), 2018: Ord. 99-008 § 1(G) (part), 1999; Ord. 99-004 § 3, 1999: Ord. 95-769 § 4 (part), 1995)