STREETS, SIDEWALKS AND PUBLIC PLACES

Chapter 12.08
STREET, SIDEWALK, CURB AND GUTTER CONSTRUCTION

12.08.010 General requirement .

Except as provided in Section 12.08.020, any owner, lessee or agent or any other person or persons constructing or arranging for the construction of: (a) any commercial or industrial building or residential dwelling structure, or addition thereto, exceeding four hundred (400) square feet in floor area, or (b) any accessory building greater than fifty percent (50%) of the square footage of the existing main building, shall provide for the construction of Portland cement concrete curbs, gutters and sidewalks, street pavement between the gutter and center line of the street fronting the property, and pavement between the edge of pavement and center line of any alley adjoining the property, in accordance with the standard specifications of the City Engineer. (Ord. 02-1219, §1, May 2002)

12.08.020 Exceptions and modifications.

The provisions of Section 12.08.010 may be modified by the city engineer under the following circumstances:

1. Portland cement concrete curbs and gutters only shall be required where the topography is such that the installation of Portland cement concrete sidewalks would be impractical.

2. Where parcels in the residential zones are divided into one-half acre or larger lots, the Portland cement concrete curb, gutter and sidewalk need not exceed a greater distance than the side yards or side and rear yards in the case of corner lots defined in the zoning code.

3. Portland cement concrete curbs, gutters or sidewalks need not be installed where the street grade cannot readily be established by the city engineer, or where the street for practical reasons has not been graded to an established grade which would enable proper location of curbs, gutters or sidewalks provided that the applicable provisions of Section 12.08.040 are complied with. (Prior code § 29-11)

4. Portland cement concrete curbs, gutters and sidewalks and street pavement already exist to the satisfaction of the City Engineer along all street and alley frontages adjoining the lot or lots on which the building or dwelling is to be constructed. (Ord. 02-1219 §1, May 2002)

12.08.030 Location of curbs .

Curbs, gutters and sidewalks shall be located within the street right of way at the locations and grades established by the city engineer. (Prior code § 29-12)

12.08.040 Delay of construction --Agreement as to future construction.

Notwithstanding any other provisions of this chapter, the construction of curbs, gutters or sidewalks can be delayed:

A. If there is less than thirty-five (35) percent of curb or sidewalk installed on the same side of the street in the block of which the property is a part; or

B. If the city engineer determines that the conditions set forth in Section 12.08.020(C) exist; provided, that the property owner signs an agreement with the city that the owner will construct curbs, gutters or sidewalks when thirty-five (35) percent of the footage on the same side of the street within the owner's block shall have curbs or sidewalks installed or agreed to be installed, or when the city engineer determines that the conditions set forth in Section 12.08.020(C) have been sufficiently corrected to make possible the construction of curbs, gutters or sidewalks. The city clerk shall cause to be recorded a real property lien against the owner's property to secure the performance of the agreement. The property owner shall pay to the city a fee of ten dollars ($10.00) for the costs of preparation of the agreement and preparation and cost of recording the release of the lien when standard curbs and/or sidewalks are constructed.

This section does not apply if the property is located on one of the suggested routes to school streets. The curbs, gutters and sidewalks are required to be constructed by the property owner at the time of development or improvement and shall not be delayed. (Prior code § 29-13)

12.08.050 Construction or cash deposit prerequisite to final approval .

The building inspector shall deny final approval and acceptance on final public utility connections to any building or dwelling until the Portland cement concrete curbs and gutter or Portland cement concrete curbs, gutters and sidewalks exist or are constructed or their construction is guaranteed by cash deposited with the city in a sum determined by the city engineer based upon the number of lineal feet of Portland cement concrete curb, gutters and sidewalks to be installed, except as set forth in Sections 12.08.020 and 12.08.040. (Prior code § 29-14)

12.08.060 In Lieu Fee for Street Pavement .

Any owner, lessee or agent or any other person or persons constructing or arranging for the construction of commercial or residential improvements as stipulated in Section 12.08.010 shall be allowed, at their discretion, to pay a fee in-lieu of constructing required street pavement between the edge of pavement and center line of street fronting the property. The fee amount shall be determined by the City Engineer and will be based upon the most recent unit prices for said work performed by competitive bidding for the City’s Annual Street Improvement Program plus 30% for design, construction management, inspection and testing expenses. The City Engineer will maintain and annually update a list of costs per square foot for the following street pavement improvements:

Asphalt removal and reconstruction

1. Asphalt grind and 2” overlay
2. Asphalt Cape Seal
3. Asphalt Slurry Seal
4. Concrete removal and reconstruction
5. Concrete grind and 2” asphalt overlay

The City Engineer, or his designated representative, will determine the required method of repair.

All funds collected through this in-lieu fee shall be placed in the City’s Capital Improvement Program Fund 301 to be used solely for street improvement purposes city-wide. (Ord. 09-1301, § 1; 10/13/2009)