Purpose of this chapter is to establish:
Authority of the city to require a building permit applicant to make reasonable public improvements, primarily through a no protest LID agreement process;
Procedures that will be used to provide for public improvements by building permit applicants;
Criteria that will be used to determine the nature, extent and location of the required public improvements.
(Ord. 379 § 1, 1988)
This chapter applies to each applicant for a building permit except the following:
An applicant for a permit to make an addition, alteration, repair or to construct a new out building of less than twenty thousand dollars or one-fifth of the property value, whichever is greater;
An applicant for a permit to make wholly interior improvements within an existing structure.
(Ord. 379 § 2, 1988)
Based solely on the criteria of Section 12.07.050 of this chapter, the city may require each applicant for a building permit (the property for which a building permit is sought shall hereafter be referred to as "subject property") not otherwise exempted by this chapter to install or otherwise provide for the following public improvements within the public right-of-way:
Street lighting systems to provide illumination of not more than two foot candles at the nearest edge of the paved roadway;
Sidewalks on the same side of the street as the subject property;
Concrete curbs and gutters;
Storm drainage systems.
(Ord. 379 § 3, 1988)
General. After consultation with representatives of the departments listed in subsection B of this section, the director of public works or his designate (hereafter, the "director") shall tentatively determine:
The nature, extent and location of the public improvements that are to be provided;
The director shall discuss the tentative determination with the applicant in relation to the criteria of Section 12.07.050. After any necessary modification, the director shall inform the applicant of the final determination.
Interdepartmental Review. Before making the final determination required by subsection A of this section, the director shall consult with and may incorporate or modify the recommendations of representatives from the following departments of the city:
The police department;
The fire department.
These representatives shall use only the criteria of Section 12.07.050 to formulate their recommendations.
(Ord. 379 § 4, 1988)
The director shall use only the following criteria in making the determinations required by Section 12.07.040:
If the city council through an approved plan or policy, has, by ordinance or resolution, established the nature, extent and location of public improvements to be provided in the immediate vicinity of the subject property in question, the director shall require public improvements under this chapter consistent with the nature, extent and location thereof as established by the city council.
If the city council has not so established the nature, extent, and location of public improvements in the vicinity of the subject property in question:
The director shall require the appropriate public improvements if the director finds that:
Similar public improvements already exist or are scheduled in the immediate vicinity of the subject property, or
The proposed use of the subject property necessitated the installation of the public improvements, or
The subject property is located in close proximity to an activity center, defined as a park, school, commercial center, large employment center, large multi-family development, or any other public or private development where people or activities are concentrated; and that the required improvements will enhance access to this activity center; and that it is in the best interests of the residents of the city to enhance access to this activity center, or
Physical characteristics of the subject property, including but not limited to topography, slope, soil type, drainage pattern, or vegetation, necessitate the installation of public improvements, or
The public improvements are necessary to maintain water quality, or
For any other reason, the public improvements are necessitated by a compelling public interest. If the director requires the provision of public improvements under this subparagraph, the director shall make written findings and conclusions specifying the improvements and the manner in which these improvements will fulfill this public interest;
The director shall require any public improvement pursuant to this chapter to be in accordance with the latest provisions of the American Public Works Association Standard Specifications for Public Works Construction as revised by the city.
(Ord. 379 § 5, 1988)
The determination of the director shall be final unless a request, by the applicant, to defer installation of the public improvements required by the director under this chapter is made to the city council within fourteen days after the director's determination. The request shall be in writing to the city council and filed with the public works department.
The request must be considered by the city council prior to the time the building permit is issued. If the city council deems that such public improvement installation as determined by the director will be economically or physically unfeasible in the time construction takes place, the city council may defer installation of public improvements required by the director under this chapter. For those deferred improvements, the city council requires the applicant to:
Sign an agreement not to protest the formation of or assessments under a future local improvement district (LID), and/or
Execute and record a covenant document that insures the participation of the subject property's owner in any local improvement district (LID) formed for the construction of such improvements. The applicant, under state law, has the right to protest assessments at the time of the final assessment roll public hearings if unacceptable.
(Ord. 379 § 6, 1988)
The applicant shall file with the engineering department drawings showing the location and plan of the public improvement to be constructed to a scale and plan size as directed by the engineering department. If appropriate to the nature of the improvement the plan shall consist of cross-section together with a plan and profile designed by a licensed civil engineer.
The permit shall specify the place where the improvement is to be constructed, together with a description of the proposed construction to be done under the permit and the length of time allowed for the completion thereof.
Performance bond with the amount to be determined by the director for the total cost of construction of the required public improvements, shall be posted with the city, by the owner of the subject property or its legal agents, prior to commencement of construction.
An insurance policy acceptable to the city attorney and naming the city as an additional insured shall be submitted and be on file with the city.
(Ord. 379 § 7, 1988)
The permit fee shall include the actual labor cost to the city for making the necessary surveys and for the inspection of all public improvements required pursuant to this chapter, and miscellaneous administration cost. The fee shall be actual labor costs as detailed on the permit.
Engineering Fees. The fees shall be paid monthly (or as invoiced) as the work progresses. All engineering, administration, and inspection fees shall be paid before final acceptance of the work by the city.
(Ord. 379 § 8, 1988)
The person, firm or corporation constructing the public improvements pursuant to the terms of this chapter shall erect, and so long as the conditions exist and any danger may continue, maintain along the property upon which the public improvements are to be constructed a good and substantial barrier, and shall cause to be maintained during every night from sunset to sunrise around the obstruction sufficient warning lights or flares, including any requested by the city engineer. In the event the person, firm or corporation constructing the public improvements is not immediately available, the director may install, at the applicant's expense, additional barricades, lights, and/or safety devices to protect the public.
(Ord. 379 § 9, 1988)
The applicant shall not disturb any survey monuments or hubs found within the boundaries of the public improvement to be constructed unless authorized to do so by the city engineer. In the event that such monuments or hubs are to be removed because of construction, they must be replaced under the supervision of the city engineer at the applicant's or his agent's expense.
(Ord. 379 § 11, 1988)
It shall be the applicant's responsibility to confine his construction activities within the street right-of-way lines and limits of easements described on the permit. Any damage resulting from trespassing beyond these limits shall be the sole responsibility of the applicant.
(Ord. 379 § 12, 1988)
No public improvement constructed pursuant to the terms of this chapter will be accepted until the director is satisfied that the work has been performed according to the requirements of this chapter.
(Ord. 379 § 13, 1988)
General. No protest LID agreements, covenants required pursuant to Section 12.07.060, or installation of public improvements required by the director under this chapter shall be listed as a condition of and shall become part of the approved building permit.
Procedure. The provisions required by the director under subsection A of this section shall be enforced as part of the approved building permit.
(Ord. 389 § 14, 1988)