Chapter 12.06
RIGHT-OF-WAY IMPROVEMENTS
Sections:
12.06.020 Required improvements.
12.06.030 Options for provision of improvements.
12.06.040 Posting of a performance bond or surety.
12.06.050 Reimbursement for oversizing—Engineering costs—Recovery contracts.
12.06.010 Applicability.
A. New Single-Family Residential Development. Street improvements are required for development of new residential units, but not for remodels, alterations, additions, expansions, or the addition of an accessory dwelling unit.
B. Expansion of Nonconforming Uses and Buildings. Street improvements are required whenever a nonconforming use or building is expanded beyond the original footprint, except for nonconforming single-family residential structures in single-family residential zones.
C. Commercial, Industrial and Multifamily Development. Street improvements are required for all new construction, additions, and redevelopment. (Ord. 1493 § 8 (Exh. B), 2024)
12.06.020 Required improvements.
A. Minimum Improvements. Prior to issuance of a building permit, the applicant must demonstrate all public and private streets abutting the property meet the city’s current minimum design standards or have been improved to meet those standards, including, but not limited to, paving of streets, curbing, gutters, sidewalks and installation of storm drainage.
B. Additional Improvements. When required to mitigate specific, clearly identifiable adverse impacts arising directly as a result of the proposal, the city may require improvements to substandard access beyond the portion abutting the property. (Ord. 1493 § 8 (Exh. B), 2024)
12.06.030 Options for provision of improvements.
A. Primary Frontage. When, in the opinion of the director, circumstances such as traffic safety, pending projects, existing LID covenants, or other unusual circumstances make actual construction of right-of-way improvements on the primary frontage not in the best interests of orderly development, the city may allow applicants to either provide a payment in lieu of improvement or execute an LID covenant.
B. Secondary Frontage. In cases where the primary frontage meets current city street design standards, but a secondary frontage is substandard and merits improvement to mitigate impacts to it, applicants may either:
1. Actually construct improvements;
2. Make a payment in lieu of construction; or
3. Execute an LID covenant. (Ord. 1493 § 8 (Exh. B), 2024)
12.06.040 Posting of a performance bond or surety.
Applicants who opt to construct street improvements, but have not completed such improvements by the time the final inspection or certification of occupancy could otherwise be issued, may submit a performance bond or other acceptable surety approved by the city engineer and city attorney. The amount of the bond or surety shall be based upon one hundred fifty percent of the total cost for design, construction and inspection of the street project, which costs shall be estimated by the city engineer. Applicants shall have one year from posting of the bond or surety to complete the improvements. Thereafter, the city may avail itself of the proceeds of the bond or surety to complete the improvements. (Ord. 1493 § 8 (Exh. B), 2024)
12.06.050 Reimbursement for oversizing—Engineering costs—Recovery contracts.
A. Oversizing. If an applicant is required to install a storm drainage improvement with a diameter larger than twelve inches, and if the purpose for such oversizing is to provide for future needs and not merely to meet the needs of the property responsible for constructing the improvement, the city shall reimburse the property owner for the difference in material costs incurred solely by reason of the oversizing requirement. Reimbursement shall be made only after:
1. Full compliance with this section; and
2. Certification of the oversizing costs, with such verification from the material supplier and contractor as the city engineer may require.
B. Engineering Costs. Applicants for building permits who opt, with city consent, to construct street improvements shall pay for all engineering, surveying and inspection costs incurred by the city to ensure that the improvements will logically connect with past and future improvements.
C. Recovery Contracts. If, within sixty days after acceptance of improvements by the city engineer, the applicant presents a recovery contract acceptable to the city, the city may enter into the contract for recovery of a pro rata share of the cost of engineering from other parties that will later derive a benefit from using the engineering.
1. Contract Duration. The contract may not extend more than fifteen years, and preference shall be given to contracts of five and ten years’ duration. The city council shall approve or disapprove such recovery contracts on a case-by-case basis.
2. Collection Procedure. Upon the city’s entry into a recovery contract, the contract shall be recorded in the county auditor’s office. Thereafter, the city shall collect for the applicant a prorated portion of the engineering costs, based upon the applicant’s frontage as a percentage of the total frontage engineered, from any latecoming property owner who benefits from the engineering.
a. Such collection shall be paid to the original applicant who paid for the engineering costs, his personal representative or assigns, within thirty days after each collection.
b. The city shall deduct five percent from each payment made by latecoming property owners in order to cover the city’s costs of administering the recovery contract and collecting the payments. The five percent charge shall be payable to the street improvement funds.
c. Unless otherwise provided in the contract itself, the administrative charge shall be deducted from the amount paid by latecoming property owners and deposited to the city street fund prior to disbursement of the remaining balance to the contract applicant or his successors.
d. If the recovery contract so provides, latecomer charges at the same rate may continue to be collected for the benefit of the city’s street fund from all latecoming property owners using the engineering after termination of the contract period.
3. Enforcement of Collections. The city shall not waive any collections required by a recovery contract and must exercise reasonable diligence to assure that payment of fair shares is not evaded; provided, however, that if the city neglects, for whatever reason, to collect any fair share, the city shall not be liable to the contract applicant. The sole and exclusive remedy shall be for the contract applicant to sue in the city’s name to collect such fair share. (Ord. 1493 § 8 (Exh. B), 2024)