Exhibit A - Revised Chapter 152
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PROPOSED CODE REVISION
CHAPTER 152: PROPERTY DEVELOPMENT; OFF-SITE CONSTRUCTION
IMPROVEMENT REQUIREMENTS
Below are the proposed changes to § 152.001, § 152.002, § 152.017, § 152.030, §
152.045, § 152.046, § 152.048, § 152.060, § 152.061, § 152.062, § 152.063, § 152.075,
§ 152.076, § 152.077, § 152.078, § 152.090, § 152.091, § 152.092, § 152.105, §
152.106, § 152.107, § 152.120, § 152.135, § 152.136, § 152.137, § 152.138, § 152.139,
§ 152.140, § 152.142, § 152.143, § 152.157, § 152.158, 152.170, § 152.171, § 152.172,
§ 152.190, § 152.191, § 152.192, § 152.195, § 152.205, § 152.206, § 152.215, §
152.216, § 152.217, § 152.231, § 152.245 and § 152.246 of the City Code.
GENERAL PROVISIONS
§ 152.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
DEVELOPER. The individual, firm, corporation, association, syndicate, trust, or other
legal entity that files the application and initiates proceedings for the development of
land, including but not limited to a subdivision, minor division of land, site development
plan, and/or a zone change in accordance with this code. The DEVELOPER need not
be the owner of record of the land.
MEDIAN. A raised or flush area designed to separate and control vehicular
movement.
OFF-SITE CONSTRUCTION. Construction, erection, or installation or any change or
addition to lands, structures, equipment, facilities, or materials located above or below
ground within any street, alley, easement, or rights-of-way in the city. OFF-SITE
CONSTRUCTION includes construction of improvements on private property which will
later be dedicated to the city or which will serve as community infrastructure even
though remaining private property.
OFF-SITE IMPROVEMENT. Those improvements, infrastructure, or facilities a
developer is required to or does construct or install in conjunction with the development
or redevelopment of any property and any off-site construction, including common
infrastructure, adjacent to or related to property for which a city permit is being sought
for purposes of development, redevelopment, or construction. On-site retention basins
and other drainage facilities, overhead utility lines, water lines, or pipes four or more
inches in diameter, sewer lines or pipes eight or more inches in diameter, together with
water and sewer services and their appurtenances, shall be deemed OFF-SITE
IMPROVEMENTS as regulated by this chapter of the code.
EXHIBIT A
OVERHEAD UTILITY LINES. Those historically conveyed by a series of conductors
mounted on poles or other above ground structures. Included are electric service lines,
electric distribution lines (under 69 kilovolt), telephone cables and lines, and lines for
other communications systems including but not limited to cable-transmitted television.
PRIVATE STREET. A street not owned or maintained by the city.
RIGHT-OF-WAY. Any land which by deed, conveyance, agreement, easement,
dedication, usage, zoning condition, process of law, or other means is reserved for or
dedicated to the general public for street, highway, alley, public utility, or pedestrian
walkway purposes and accepted by the city.
UNDERGROUND or UNDERGROUNDING. The placement of utilities at or below
ground with the attendant removal of aboveground poles, conductors, and
appurtenances as applicable.
(Prior Code, Art. 19-1)
§ 152.002 DESIGN REQUIREMENTS.
(A) All off-site improvements shall be designed, engineered, constructed, and
installed in accordance with the regulations adopted in § 150.001 of the city code and
with all other applicable regulations adopted by the city, state or federal government.
(B) All off-site improvements shall be designed and constructed according to the
dimensions and standards set forth in the City’s Design & Development Standards
Manual (DDSM).
(C) The Development Services Director (Director) shall determine street
classifications.
(Prior Code, Art. 19-2)
REQUIRED IMPROVEMENTS
§ 152.015 GENERAL PROVISIONS.
As a condition of approval of any subdivision, minor division of land, or site
development plan, the developer shall be required to design, engineer, construct, and
install all off-site improvements on and adjacent to the site to be developed, in
accordance with the requirements set forth in the city code and the zoning code and
regulations, the encroachment permit code, and this chapter. This requirement applies
to all land developed or redeveloped under the provisions of any of the above listed
chapters.
(Prior Code, Art. 19-3)
§ 152.016 IMPROVEMENT EXTENSIONS.
Improvements shall, as a minimum, extend to the center of abutting streets or rights-
of-way and may extend beyond the center when median islands and two-way traffic
requirements necessitate an extension. When the property to be redeveloped abuts a
canal, drain, wash, irrigation ditch, or similar facility, the off-site construction shall
include full improvements to the facility.
(Prior Code, § 19-3-1)
§ 152.017 IMPROVEMENT INCLUSIONS.
Improvements shall also include tapers or transitional areas on either side of the
project site necessary to provide a safe, smooth traffic flow between existing and newly
constructed street sections. The taper and transitional areas shall extend beyond the
limits of the project, if possible, to allow for the full improvements to be constructed
along the project frontage. Any additional right-of-way necessary for the construction
both within and beyond the limits of project site, including applicable legal fees, shall be
the responsibility of the developer.
(Prior Code, § 19-3-2)
UNDERGROUNDING OF OVERHEAD UTILITY LINES.
§ 152.030 GENERAL PROVISIONS.
(A) The developer shall place underground all existing overhead utility lines,
including but not limited to telephone, cable television and electric power, except
electrical lines exceeding 13 kV capacity, either within a proposed development or
redevelopment project or within public rights-of-way or easements adjacent to the
project, prior to issuance of a certificate of occupancy. This requirement shall apply to
all projects submitted for approval or re-approval under the provisions of the site
development in the zoning code. Utility poles and lines are defined herein as the poles,
structures, wire, aerial cables, and related facilities used in the distribution of electricity
or in the transmission of telecommunications, telegraph, data, radio, or television
communications. This requirement includes utility lines on and adjacent to the project,
including lines which extend across public streets, alleys, and/or easements adjacent to
the property being developed or redeveloped. Existing utility lines within or adjacent to a
project shall be under-grounded up to the first existing pole beyond the limits of the
property. This requirement includes the undergrounding of all existing overhead service
lines attached to the lines to be removed along with necessary conduit, supports,
restoration and the like, necessary to convert the service line from overhead to
underground. The requirement shall apply regardless of the existence of easements for
overhead lines. When high-voltage power lines, above 13 kV or similar, are present on
the same poles as the lower voltage lines, all lines other than the high-voltage lines
shall be placed underground.
(B) Equipment appurtenant to the underground facilities, such as surface-mounted
transformers, pull boxes, pedestal cabinets, service terminals, telephone splice
closures, concealed ducts, or other similar on-the-ground facilities normally used with or
as approved by the Director, may be maintained above ground with the written
permission of the Director for the specific facility to be left above ground.
(C) The developer or owner of a development or redevelopment project shall be
responsible to make necessary arrangements with the affected utility companies for the
installation of required underground facilities, including the design and payment of any
cost therefore as a condition of plan approval. Nothing contained herein is intended to
obligate a providing utility company to install the underground facilities without
reimbursement.
(D) In those instances where poles to be removed include street lights, the street
lights will be replaced with freestanding poles by the developer in accordance with
current street light standards.
(E) Relief from undergrounding requirements may be considered, at the discretion of
City Council, under the following conditions.
(1) Deferment of undergrounding may be requested by a developer in cases where
the utility frontage is small (generally less than 1,000 feet in length) or when project
phasing or other extraordinary conditions beyond the control of the developer makes
deferment of undergrounding economically or practically beneficial to the developer and
City. When deferment is approved, the developer shall obtain an estimate of
undergrounding costs from all affected utility companies. The developer shall then be
required to provide a cash deposit, performance bond, or other security acceptable to
the City Attorney, in an amount equal to 125 percent of the estimated under-grounding
costs, as provided by the utility company, associated with the utility frontage of the
project. The developer shall also be required to enter into a development agreement or
other agreement acceptable to the City Attorney setting forth the terms and conditions
imposed on developer in exchange for the deferment of undergrounding and ensuring
completion of undergrounding of utilities by developer prior to completion of the
development project.
(2) Exemption may be considered where the developer can show that
undergrounding will be an unusual economic hardship and the costs of the
undergrounding are disproportionate in terms of the utility frontage and the
proportionate frontage of the project under consideration. Examples are cases where
development occurs in an area where adjacent land on both sides is already developed
(infill situation), and in cases involving additions or modifications to existing sites which
represent a minor portion of the total site.
(3) All requests for relief must be presented in writing to the Development Services
Director prior to plan approval. Consideration for approval shall be in accordance with
the purpose, intent, and objective of this section. All formal requests for relief will be
presented to City Council for approval or disapproval and the Council’s decision is final.
Aesthetics is only one of many reasons for undergrounding of which public safety is
paramount. Completion of undergrounding and/or payment of costs shall be required
prior to granting of a certificate of occupancy. All new service lines installed shall be
installed underground per § 155.057 even though relief may be granted for adjacent
existing lines.
(F) The requirements set forth above shall not apply to new utility poles and wires
erected for purely temporary purposes such as providing temporary building
construction power, emergency power, telephone service, or the furnishing of power to
temporary outdoor activities. A permit for the temporary use shall be obtained from the
Director. The length of the temporary use shall be specified in the permit and may not
exceed six months. An additional six-month permit extension may be issued upon a
finding of necessity by the Development Services Director.
(Prior Code, Art. 19-4) (Res. R22-09-20, passed 9-8-2022; Ord. O22-09-05, passed 9-8-
2022)
OFF-SITE CONSTRUCTION; PERMITS, PLANS, AND SPECIFICATIONS
§ 152.045 GENERAL PROVISIONS.
(A) The developer must obtain an encroachment permit in accordance with Chapter
151, prior to commencing any work in or on the city highway, street, public property, or
right-of-way. In addition, plans and specifications for and construction of all off-site
construction must be reviewed and approval obtained pursuant to this chapter.
(B) Approval of off-site construction plans and specifications is required by the
Development Services Department prior to issuance of an encroachment permit for off-
site construction.
(Prior Code, Art. 19-5)
§ 152.046 PLAN AND SPECIFICATION CONTENTS; PROCEDURE FOR
APPROVAL.
(A) Plans and specifications shall be submitted indicating that off-site improvements
are planned for the project in conformance with city code, standards, regulations, and
requirements. These off-site improvement plans and specifications shall be submitted
with all other building plans and applications together with the plan review fee
established by Council resolution. The developer must obtain written approval from the
Director or his/her designee for all off-site improvement plans and specifications prior to
issuance of a building permit, encroachment permit, or other permit necessary to
commence work.
(B) The off-site construction plans and specifications shall be prepared and signed
by a professional engineer who is qualified and registered by the State of Arizona to
practice in the particular field of competency required by the type of improvements.
(C) Engineering plans and specifications shall be in conformance with accepted
engineering practice and shall conform to the City Code, Maricopa Association of
Governments (MAG) standards and details, City supplements to MAG requirements, the
DDSM, and any other applicable regulations and requirements, and be prepared to the
satisfaction of the Director or his/her designee. Vertical and horizontal control surveys
shall be tied and referenced or two existing city-approved benchmarks and two section
corners or quarter corners. Incomplete or partial submittals will not be accepted.
(Prior Code, § 19-5-1)
§ 152.047 SUBSEQUENT PLAN REVIEW.
Plans submitted more than three times to gain acceptance shall not be further
reviewed until an additional plan review fee of one-third the amount of the first plan
review fee is paid to the city for each subsequent review.
(Prior Code, § 19-5-2)
§ 152.048 APPROVAL.
(A) Approval of off-site construction plans and specifications shall be valid as basis
to issue construction permits for a period not to exceed nine months after the date of
approval. Approval of off-site plans and specifications shall continue to be valid provided
construction has commenced and that no suspension or abandonment of the work has
occurred. Plans for which construction is not started within nine months shall be
resubmitted and shall be deemed a new submittal and all fees and charges shall apply.
(B) Approval of plans and specifications by the Director or his/her designee does not
relieve the design professional of responsibility for errors or omissions and for the
correction of them and liability caused by their occurrence unless they were required to
be added or omitted by the Director.
(Prior Code, § 19-5-3)
FEE FOR REVIEW OF OFF-SITE IMPROVEMENT PLANS AND
SPECIFICATIONS.
§ 152.060 GENERAL PROVISIONS.
Plan review fees in an amount established by Council resolution shall be paid once the
plans and specifications have been approved but before the permit has been released.
Some plan reviews, however, may require a portion of the plan review fees to be paid
before any review action is undertaken.
(Prior Code, Art. 19-6)
§ 152.062 DOUBLE FEE.
Failure to secure a permit for off-site construction prior to commencing work will result
in a charge of double the amount of the regular permit fee.
(Prior Code, § 19-6-2)
§ 152.063 WAIVING OF FEE.
Fees associated with city projects may be waived by the Director if the project is
required by the city and in the city’s best interest. In certain demonstrated hardship
cases fees may be waived at the discretion of the Director.
(Prior Code, § 19-6-3)
INSPECTION AND TESTING OF OFF-SITE CONSTRUCTION
§ 152.075 GENERAL PROVISIONS.
During off-site construction the developer shall provide construction review, including
testing of materials, to assess conformity to current city standard specifications and
drawings.
(A) Inspection of the work by the Department shall not be considered as direct
control of the individual worker and the work. The direct control shall be solely the
responsibility of the contractor.
(B) Any work done or materials used without inspection and testing or test results
approved by an authorized representative of the city may be ordered removed and
replaced. Failure to reject any defective work or materials shall not in any way prevent
later rejection when the defect is discovered nor obligate the Department to final
acceptance.
(C) The Department, for the purpose of expediting and facilitating the progress of the
work, shall not inspect all materials, and each part or detail of the work. The Department
shall be furnished at any time with such information and assistance by the contractor as
is required to make a complete and detailed inspection.
(D) No work will be accepted which is installed prior to dedication of rights-of-way
unless approved by the Development Services Director in writing prior to construction.
(Prior Code, Art. 19-7)
§ 152.076 TIME LIMIT.
Completion of off-site construction within the public rights-of-way under permit shall be
accomplished within nine months after issuance of the permit unless otherwise
specifically stated in the permit. The permit for the off-site construction shall continue to
be valid provided construction has commenced and that no suspension or
abandonment of the work has occurred. This period may also be extended if a hardship
is acknowledged by the Department for economic reasons, strikes, unavailability of
materials, unseasonable weather, or other good and sufficient cause. If an extension of
time is not granted, the plans shall be resubmitted for review and a new permit covering
the remaining work to be completed shall be required. Fees required under the review
and new permit shall be charged according to the fee schedule in effect at the time the
new review is requested or new permit is issued.
(Prior Code, § 19-7-1)
§ 152.077 FEES FOR INSPECTION
(A) Fees for inspection shall be paid to the city at the time a permit is issued for
construction work. The fee shall be determined as outlined in the current fee schedule
adopted by Council resolution. Quantity estimates of the various items involved shall be
calculated and certified by either the engineer who prepared the plans and
specifications for the improvements or the contractor that will perform the work and shall
be submitted to the Director or his or her designee during the plan review process.
(B) All testing, including any repetition of tests required because of inferior materials
or workmanship, shall be performed at the developer’s expense
(C) Any repetition of inspections required because of inferior materials or
workmanship, shall be performed at the developer’s expense and shall be paid to the
city by the developer when notified by the Department. This service does not relieve the
contractor for the discovery of errors, and the correction of them, nor of the
responsibility of properly performing the work.
(Prior Code, § 19-7-2)
APPROVAL, ACCEPTANCE, AND ASSURANCES OF CONSTRUCTION
§ 152.090 GENERAL PROVISIONS.
Upon completion of all improvements in accordance with the city standards, the City
will prepare a punch list. Once all items on the punch list have been addressed and
accepted by the Department, the Director or his/her designee shall acknowledge in
writing acceptance of the off-site improvements. Acceptance shall be conditioned upon
a one-year warranty for workmanship, materials, and equipment by the developer. After
the lapse of the one-year period dated from the letter of acceptance, the City will
prepare a One Year Warranty punch list. Once all items on the Oney Year Warranty
punch list have been addressed and accepted by the Department, the improvements
shall be considered the maintenance responsibility of the city.
(Prior Code, Art. 19-8)
§ 152.091 PARTIAL ACCEPTANCE.
If, at any time during the prosecution of the project, the contractor substantially
completes a unit or portion of the project, such as a structure, utility service, or a section
of the road pavement, the developer may request the Department to make a final
inspection of that work. If the Department finds, upon inspection, that the work has been
satisfactorily completed in compliance with plans and specifications, he or she may
conditionally accept the work as being completed. Acceptance in such cases is
conditional upon the remaining work being completed without damage and including
any final grading adjustments or other minor work. The partial acceptance shall in no
way void or alter any plans and specifications. The Department reserves the right to
reject any request for a partial acceptance.
(Prior Code, § 19-8-1)
§ 152.092 FINAL ACCEPTANCE.
(A) Upon due notice from the contractor of presumptive completion of the entire
project, the Director or his/her designee will make an inspection. If all construction
provided for and contemplated by the plans and specifications is found completed to the
satisfaction of the Director or his/her designee, that inspection shall constitute the final
inspection and the Director or his/her designee will make the final acceptance. The
contractor will be notified in writing of this acceptance as of the day of the final
inspection.
(B) If, however, the inspection disclosed any work, in whole or in part, as being
unsatisfactory, the Director or his/her designee will give the contractor the necessary
instructions for correction of same, and the contractor shall immediately comply with
and execute the instructions. Upon correction of the work, another inspection will be
made which shall constitute the final inspection, provided the work has been
satisfactorily completed. In that event, the Director or his/her designee will make the
final acceptance and notify the contractor in writing of the final acceptance as of the
date of the last and final inspection.
(Prior Code, § 19-8-2)
PERFORMANCE BOND OR CASH DEPOSIT; OFF-SITE
IMPROVEMENTS
§ 152.105 GENERAL PROVISIONS.
(A) The Development Services Department, Building Safety Division, shall deny final
approval and certificate of occupancy of any building until the required off-site
improvements are completed and have been inspected and approved by the Director or
his/her designee, unless (a) the performance of the off-site improvements is guaranteed
by a cash deposit, performance bond or other security acceptable to the City Attorney in
an amount equal to 125 percent of the estimated construction cost and (b) the Director
agrees to the certificate of occupancy. Under such circumstances, the Director will grant
a conditional acceptance. Warranty period will not begin until the date of final
(unconditional) acceptance.
(B) The city may require an occupancy clearance agreement to document the
requirements of this section. Model homes may be occupied for sales purposes only
subject to the occupancy clearance agreement and satisfactory off-site improvements to
service the models as approved by the city.
(C) The Engineering Division will provide the developer a stipulation letter or similar
document that memorializes the requirements to finalize the project.
(Prior Code, Art. 19-9)
§ 152.106 TIME TO COMPLETE WORK.
The developer shall complete work required in the approved off-site improvement
plans within 30 calendar days after issuance of the conditional acceptance by the
Director or as determined by the Department.
(Prior Code, § 19-9-1)
§ 152.107 BOND RETURN.
(A) The performance bond or cash deposit or a portion thereof shall be retained by
the city to provide completion of the work should the developer fail or refuse to do so as
in § 152.106.
(B) The performance bond or cash deposit or unused portion thereof shall be
returned to the depositor upon the approval of the Director after completion and
acceptance of the off-site improvements. Acceptance in such cases is conditional upon
the remaining work being completed without damage to the off-site improvement so
accepted and including any final grade adjustments or other minor work.
(Prior Code, § 19-9-2)
VALIDITY OF PERMIT
§ 152.120 GENERAL PROVISIONS.
(A) The issuance or granting of a permit or approval of plans and specifications shall
not be construed to be a permit for, or an approval of, any violation of any of the
provisions of this code. No permit presuming to give authority to violate or cancel the
provisions of this code shall be valid, except insofar as the work or use which is
authorized is lawful.
(B) The issuance of a permit based upon plans and specifications shall not prevent
the Director from requiring correction of errors in the plans and specifications or from
preventing construction operations from being carried on there under when in violation
of this code or of any other ordinance of the city.
(Prior Code, Art. 19-10)
DEFERRAL OF OFF-SITE IMPROVEMENTS
§ 152.135 GENERAL PROVISIONS.
The Director may direct that construction of off-site improvements, or portions thereof,
be deferred when the improvements are impractical or premature because of traffic
conditions, unavailability of necessary right-of-way, the potential for creation of
scalloped streets, or other conditions detrimental to orderly development, and/or
because of the known and acknowledged formation or pending formation of an
improvement district. Engineering plans for all off-site improvements shall be prepared,
submitted, and approved in accordance with § 152.046, at the same time the onsite
plans are going through the permitting process, whether or not construction is deferred.
Common infrastructure plans will not be required unless determined by the Director to
have a direct impact on the abutting off-sites, such as a bridge or railroad crossing on or
adjacent to the parcel to be developed. Plans will include an analysis of drainage and
establishment of grades on both sides of the roadway for a minimum of one-fourth mile
beyond the project limits in each direction unless waived or reduced by the Director.
The developer of the property for which a deferral has been issued shall enter into a
development agreement with the city which shall be recorded to run with the land, and
shall post an assurance as set forth below to guarantee the required improvements will
be constructed when directed by the Director.
(Prior Code, Art. 19-11)
§ 152.136 NOTICE TO PROCEED.
The Director will give written notice to proceed with the construction of the
improvements previously deferred when necessitated by road condition, current or
projected traffic, adjacent construction, or other conditions which require additional
access. The developer shall start construction of the improvements within 90 calendar
days from the date of the notice and shall conclude the construction within a reasonable
time, but in no event longer than 180 days from the beginning of construction, in
accordance with plans approved by the city unless different time frames were outlined in
a separate agreement. If the developer fails to construct any of the off-site
improvements when directed, or fails to timely complete construction of the off-site
improvements, the city may construct the improvements, or may complete construction
of the improvements, and obtain payment therefore from the surety issuing the
assurance. The developer’s obligation will be satisfied when all required improvements
have been constructed by the developer or another party, or when all required
improvements have been constructed by an improvement district formed at the
discretion of the city and accepted.
(Prior Code, § 19-11-1)
§ 152.137 PERFORMANCE BOND.
The Director shall require the posting of performance bonds, letters of credit,
assurances, or such other security as may be appropriate and necessary to assure the
installation of all off-site improvements whenever a deferral of construction has been
issued or project phasing will permit occupancy of any structure prior to final acceptance
of all improvements. The security shall remain in full force and effect until such time as
all required off-site improvements are constructed and accepted. In the case of projects
which are divided into a number of large parcels subject to additional subdivision at a
later time, only the major infrastructure necessary to serve all parcels and adjacent land
shall be subject to these requirements. The form of the assurance must be acceptable
to the City Attorney and will be in an amount fixed by the Director, but in not less than
125 percent of the estimated cost to complete the improvements. Receipt of an
acceptable assurance will be required at the time of approval of improvement plans.
(Prior Code, § 19-11-2)
§ 152.138 PARTIAL CONSTRUCTION.
When it is impractical for the city to accept a financial assurance because the
schedule for city improvements is undetermined or unreasonably far into the future, or if
for any other reason the improvements are constructed by the developer, the Director
will order the construction of one or both sides of sufficient roadway necessary to
ensure an orderly traffic flow. The cost of construction of improvements beyond the
center of abutting streets or beyond the property limits (other than tapers and other
transitional items) shall be applied toward the amount of the developer’s total obligation
set forth in the benefit study, or the developer may enter into a reimbursement
agreement with the city to recover costs from other developers as prescribed in
§ 152.142 below.
(Prior Code, § 19-11-3)
§ 152.139 BENEFIT STUDY.
The benefit study shall be utilized as the basis of determining a developer’s full off-site
improvement obligation. Use of the benefit study is required to ensure that the costs of
the common infrastructure are equitably borne by all property owners in the subject
study area. The amount and the purpose of the obligation for each property owner shall
be stated in the benefit study subject to adjustment for inflation based on the CPI
Inflation Calculator prepared by the U.S. Bureau of Labor Statistics
(https://www.bls.gov/data/inflation_calculator.htm) and actual construction costs.
When development occurs in areas which have not been included in benefit studies, the
obligations will be estimated by the Director or, at the developer’s option, may be
determined by a developer-funded benefit study. The Director’s cost estimate or the
developer’s benefit study must be in place and accepted by both the city and the
developer prior to any off-site improvements being constructed.
(Prior Code, § 19-11-4)
§ 152.140 CREDIT.
(A) When improvements are developer-constructed, the developer will be credited
for the improvements he or she constructs against the developer’s obligation set forth in
the benefit study. Improvements for which credit is applied must be those set forth in the
benefit study, but need not be those specific obligations set forth for any particular
property. Where possible, the credit will be established with physical quantities such as
lineal feet of curb and gutter, square feet of asphalt and the like. Where physical
quantities cannot be established, such as portions of railroad crossings, portions of
canal improvements and the like, the obligation to be met shall be the estimated current
value for the item as set forth in the benefit study.
(B) The benefit study analysis and determination of credit for work performed will be
accomplished by the city’s benefit study consultant at developer expense. If the
improvements to be installed by the developer do not satisfy the full obligation of the
property as set forth in the benefit study, the developer may:
(1) Install additional improvements, credited at values established by the benefit
study as opposed to actual costs, up to the value of the developer’s full obligation;
(2) Pay the cash differential which will be held in a trust account for use only for the
designated improvements; or
(3) Provide an appropriate security, approved by the City Attorney, to guarantee
construction of the remainder of the developer’s obligation when determined necessary
by the Director as set forth in division (B)(2) above.
(C) Any benefit study, estimate from the City, or reimbursement agreement must be
in place and accepted by both the City and the developer prior to any off-site
improvements being constructed. Any off-site improvements completed prior to a benefit
study or other agreement will not be eligible for a credit for work.
(Prior Code, § 19-11-5)
§ 152.141 CITY PARTICIPATION.
When development occurs prior to initiation of city improvements, the city will not be
obligated to participate in the developer’s off-site construction costs; however, when
funds budgeted for city participation in the developer’s off-site improvements are
available, the City Council may authorize the use of the funds to defray the developer’s
common infrastructure costs. The amount of the defrayal shall not exceed the amount of
city participation set forth in the benefit study for the developer’s property.
(Prior Code, § 19-11-6)
§ 152.142 REIMBURSEMENT AGREEMENT.
When the value of improvements constructed exceeds the developer’s obligation as
determined by the benefit study, or the improvements are in excess of those normal and
customary improvements necessary to develop and support the project for which they
are being constructed, the developer may be entitled to enter into a reimbursement
agreement with the city to provide for recovery of costs from others who develop later
on land benefited by the improvements constructed by the developer. The Director shall
determine the amount of improvements eligible for reimbursement, and the
determination shall be made a part of the agreement. Reimbursement shall be made on
the basis of the benefit study.
(A) The reimbursement agreement shall designate the parcels, the benefited
parties, the reimbursement amount and the reimbursement share. The
agreement shall include a diagram of the benefited parties' parcels and the
method for calculating reimbursement shares. In the event bonds of the city,
including improvement district or assessment bonds, have been issued to finance
the construction of the public improvements and related facilities that benefit
property per a benefit study, the city shall receive all reimbursement amounts
and apply such amounts to the debt service funds of the applicable bond issue.
(B) All reimbursement agreements must be requested by the developer and shall run
for a period not to exceed 15 years from completion of the improvements on
behalf of a benefited property, or when the reimbursement amount has been
repaid, whichever is earlier,
(C) The developer shall administer the reimbursement agreement and collect the
reimbursement amount from the benefited parties. Developer shall also promptly
notify the city, in writing, each time a benefited party pays its reimbursement
share.
(D) Prior to allowing a benefited party to connect to or to use a public improvement,
or at an earlier time as identified in the reimbursement agreement (e.g., prior to
approving a final plat), city shall verify that the benefited party has paid its
reimbursement share to the developer.
(E) When an improvement identified in a benefit study is constructed by the city or its
contractors, the city may require the benefitted parcels to reimburse the city prior
to the approval of a final plat.
§ 152.143 REIMBURSEMENT PROCEDURE
(A) The benefit study along with a map establishing the boundaries of the benefited
parties' parcels and indicating each benefited party's reimbursement share of the
improvement shall be prepared by the Director or his/her designee and filed in
the office of the city clerk. The map for the improvement shall contain:
(1) A description of the special public improvement;
(2) A general description of the estimated total cost and cost per frontage foot or
cost per acre of the proposed special public improvement;
(3) A description of the special public improvement project area and a map and
list of the benefited parcels and lots;
(4) A determination of that portion of the costs of the improvement that shall be
allocated to the general public benefit, if any;
(5) A preliminary estimate of the portion of the improvement which will be
financed with general obligation bonds, development fees, special
assessments or improvement district assessments and the portion which will
be financed with repayments for special public improvements.
(B) The benefited parties shall receive notice in writing of the proposed charges for
improvements as well as notice of the date of the Council Meeting at which the
reimbursement agreement will be considered by City Council.
(C) The map of benefited parcels and improvements (inclusive of parcel numbers)
shall be recorded with the Maricopa County Recorder.
(Prior Code, § 19-11-7)
STREET FINANCING POLICY
§ 152.155 GENERAL PROVISIONS.
The cost of all improvements of streets located on or adjacent to new subdivision
areas to be developed or redeveloped shall be the full responsibility of the developer,
except that when improvements are constructed under improvement district financing.
(Prior Code, Art. 19-12)
§ 152.156 STREET IMPROVEMENT COSTS.
The cost of street improvements adjacent to already developed areas and within or
adjacent to new subdivisions or developing areas, whether platted or unplatted, shall be
as set forth below.
(Prior Code, § 19-12-1)
§ 152.157 LOCAL.
In accordance with A.R.S. § 9-243, the city may require an abutting property owner to
construct an adjacent sidewalk and/or local street, as classified by the City, and assess
the cost thereof against the abutting owners property.
(Prior Code, § 19-12-2)
§ 152.158 COLLECTORS AND ARTERIALS.
The cost of improvements to collector and arterial streets, as classified by the City,
shall be as follows.
(A) Where street improvements have not been previously constructed in accordance
with city standards, the abutting property owners shall be responsible for costs of all
improvements to city standards to the street centerline adjacent to the property,
including but not limited to curbs, gutters, sidewalks, asphaltic pavement, tree removals,
ditch removals, scuppers and retention basins, irrigation piping, and structures. Where
applicable, the property owner shall share with other property owners the cost of
streetlights, traffic-control devices, striping, landscaping, intersection construction,
temporary pavement, pavement transitions, and miscellaneous removals.
(1) Where medians are required, the owner of the property first developing shall
install the full median, including curbing, street lighting, and landscaping. The developer
required to install a full median may request the city to enter into an agreement
providing for reimbursement of that portion of the costs which would have been the
responsibility of subsequent developers. Reimbursement shall be made in the same
procedure as outlined in Section 152.158(A)(2) less the reimbursement transaction fee
established by Council resolution which shall be retained by the city to cover
administrative costs.
(2) Reimbursement shall be made by the city upon receipt of payment from the
adjacent or abutting property owners. The agreements shall be requested of the city by
the developer within one year from the date of acceptance of the improvements and
shall run for a period not exceed 15 years. The agreements shall automatically
terminate at the end of the 15-year period. The reimbursed fees will be based on the
actual amount the first developer spent on the improvements which must be submitted
to and accepted by the City prior to the agreement. The reimbursed costs may include
engineering, construction, and inspection costs. Inflation will not be included in the
reimbursed amount. Notice shall be given to the benefited abutting property owners
pursuant to § 152.143(B).
(3) Buy-ins for medians shall be collected by the city only when a valid
reimbursement agreement is in force. They shall be paid prior to the release of the
certificate of occupancy or, if no building is proposed as part of the project, prior to the
release of the Engineering permit.
(B) Where the street improvements have been constructed in accordance with city
standards in effect at the time of the construction, the street reconstruction shall be at
no cost to the property owner if the construction or reconstruction is initiated by the city
or persons other than the property owner.
(C) Where the street improvements do not meet the current City standards, the
property owner is responsible to make the necessary upgrades to meet the current
standards if the construction or reconstruction is initiated by the property owner.
(D) If the construction or reconstruction is undertaken by the abutting property owner
as an improvement to his or her property, the costs shall be borne by the property
owner in accordance with this subchapter.
(E) If the construction or reconstruction is initiated by a third party as part of an
improvement to an adjacent or nearby property, the cost of construction or
reconstruction shall be borne by the third party unless the property owner agrees to
assume a share of the improvement costs.
(Prior Code, § 19-12-3)
SCALLOPED STREET ASSESSMENTS
§ 152.170 RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS.
(A) Upon the determination of the Director that the public health, safety, welfare, and
convenience requires the construction of streets prior to the development of the
adjacent property, a resolution of intention to order the improvement shall be submitted
to the City Council for approval as set forth below.
(B) Each property owner that may be subject to any assessments under this
subchapter shall receive written notice of the City Council consideration of the resolution
of intention described above at least ten calendar days prior to the date of the hearing.
An affidavit of mailing of such notice shall be filed in the office of the City Clerk.
(C) If the City Council receives any written objections, prior to acting on the
resolution of intention to order improvements, the City Council shall hold a public
hearing. The public hearing shall be for the purpose of receiving comment on whether
the proposed improvements are required for the public health, safety, welfare, and
convenience.
(D) After the public hearing is concluded, the City Council shall determine whether
the public health, safety, welfare, and convenience require the street improvements. If
the City Council so determines, then the City Council shall adopt the resolution of
intention to order the improvement. The determination shall include that the street
improvements shall be constructed or improved at city expense. The expense shall be
assessed against each property owner in accordance with the provisions of this
subchapter.
(E) The resolution of intention to order the improvement shall contain:
(1) A description of the street, road or highway to be improved;
(2) A general description of the proposed improvements, including the estimated
total cost and cost per linear foot; and
(3) The estimated cost of assessment for each affected parcel of property.
(F) The City Council's decision on necessity for street improvements and
construction shall be final and conclusive, and such decision shall result in the
assessment of property under this subchapter, subject to appeal as set forth below.
(Prior Code, § 19-13.1-1) (Ord. O08-07-13, passed 7-10-2008)
§ 152.171 NOTICE OF ASSESSMENTS.
(A) Not more than 20 calendar days after the City Council adopts the resolution of
intention to order improvements, the Director or designee shall serve a written notice of
assessments, by any means permissible under the Arizona Rules of Civil Procedure,
upon each owner of real property adjacent to the improvement and subject to
assessment.
(B) The notice of assessments shall contain:
(1) The name, address and tax parcel number of the property owner served;
(2) The total assessment against the property for the proposed improvement;
(C) The notice of assessments shall advise the property owners of their right to
submit written objections to the amount of assessment to the city or to appear in person
at a public hearing to object to the amount of assessment. Objections shall be filed
within 15 calendar days after receipt of the notice of assessments. Upon receipt of an
objection, a public hearing shall be scheduled before the City Council on the objections
and confirming of assessments. The public hearing shall be at least 30 days after notice
was served upon each property owner.
(Prior Code, § 19-13.1-2) (Ord. O08-07-13, passed 7-10-2008)
§ 152.172 ADOPTION AND IMPOSITION OF ASSESSMENTS.
(A) The City Council shall hold a public hearing on all objections to the assessments.
(B) At the public hearing, or at any time thereafter to which the hearing may be
continued, the City Council shall hear and rule upon all objections. The decision of the
City Council shall be final and conclusive as to all errors, informalities and irregularities
which the City Council might have remedied or avoided at any time during the progress
of the proceedings. If the City Council determines that the objections should be granted,
the Director shall reissue the notice of assessment. If the City Council determines that
the objections shall be overruled, the City Council shall adopt an order and resolution
overruling all objections and confirming the assessments established by the Director.
(C) The order and resolution confirming the assessments and describing the
property against which the assessments are imposed shall be recorded in the office of
the Maricopa County Recorder, together with a specific written notice of the assessment
containing:
(1) The amount of the assessment;
(2) The legal description of and the tax parcel number of the subject property;
(3) The name of the property owner; and
(4) The conditions that require payment of the assessment.
(D) Upon recording of the order and resolution and notice of assessment, the
amount so assessed shall be a lien upon the property assessed until the earlier to occur
of:
(1) The date such assessments are paid; or
(2) The date that is ten years after the date of such assessments, and such
recording shall be notice to all persons interested in the contents of the record.
(E) Assessments levied against property containing multiple leaseholds may be
subdivided by the Director to apply against each leasehold based on the amount of the
leasehold interest compared to the total interest.
(Prior Code, § 19-13.1-3) (Ord. O08-07-13, passed 7-10-2008)
§ 152.173 RIGHT-OF-WAY.
When sufficient right-of-way is not available to perform the improvements ordered
pursuant to this subchapter, the City Manager is hereby authorized to obtain the right-
of-way upon terms just to the city. If the right-of-way is not dedicated in time before
construction commences, the cost to the city to acquire the right-of-way shall be
considered an expense attributable to the completion of the improvements.
(Prior Code, § 19-13.1-4) (Ord. O08-07-13, passed 7-10-2008)
§ 152.174 LIMITATIONS ON ASSESSMENTS.
(A) The assessment of property, if adjacent arterial streets are involved, shall not
exceed the cost of improving more than one-half of the width and more than 1,000 lineal
feet of such adjacent arterial street, except that if any parcel of land is presently being
used for single-family residential use and the width of such residential use does not
exceed 200 lineal feet, such property shall not be assessed greater than one-half the
cost of the average residential property within the city.
(B) The assessment of property shall not exceed the actual expense incurred by the
city at the time of construction.
(C) Any assessment under this chapter shall abate if the property has not been
developed within ten years of the assessment.
(Prior Code, § 19-13.1-5) (Ord. O08-07-13, passed 7-10-2008)
§ 152.175 COLLECTION; PAYMENT AND SATISFACTION.
(A) The City Manager or designee shall collect any unpaid assessments:
(1) Prior to issuing a building permit for development of any assessed property;
and
(2) Prior to permitting access to the street from the assessed property.
(B) The City Manager or designee shall collect any unpaid assessments prior to the
City Council or Planning and Zoning Commission approving any request for rezoning or
site plan for development of any assessed property.
(C) Assessments levied under this chapter against real property having multiple
leasehold interests may be payable in part by each leasehold interest at the time of
application for a building permit, conditional permit or special use permit.
(D) The City Manager or designee shall collect any unpaid assessment prior to the
City Council's approval of any final subdivision plat which plat will result in a subdivision
of property assessed under this subchapter.
(E) The City Manager or designee shall collect any unpaid assessment prior to
issuance of any grading permit required for any assessed property.
(F) Upon payment of the assessment in full or in part, a full or partial satisfaction
evidencing payment shall be recorded in the office of the Maricopa County Recorder.
(Prior Code, § 19-13.1-6) (Ord. O08-07-13, passed 7-10-2008)
§ 152.176 APPEALS; SEVERABILITY.
The determination of necessity by the City Council resulting in the levying of
assessments upon any property under this subchapter may be appealed by the
aggrieved party to the Superior Court of Arizona, Maricopa County. In the event any
part or portion of this subchapter is declared unenforceable by any court of competent
jurisdiction, all other portions of this subchapter not declared unenforceable shall be
deemed separate and apart and shall continue to be in full force and effect.
(Prior Code, § 19-13.1-7) (Ord. O08-07-13, passed 7-10-2008)
ACCELERATED PUBLIC IMPROVEMENTS
§ 152.190 POLICY.
The purpose of this subchapter shall be to provide a mechanism by which the city or
developers may be repaid the reimbursement amount of the cost of accelerated public
improvements by each benefitted party who has received a special benefit from the
accelerated public improvements, but who has not contributed a pro rata share of the
cost of constructing the accelerated public benefit. An "accelerated public improvement"
refers to any publicly dedicated right-of-way, any street, drainage, water or sewer
improvements or facilities, asphaltic and concrete paving, curb, gutter and sidewalks,
street lights, traffic signals and public landscaping or any other improvements
completed prior to development on the property adjacent to the improvement.
(Prior Code, § 19-13.2-1) (Ord. O08-07-13, passed 7-10-2008)
§ 152.191 CONSTRUCTION OF ACCELERATED PUBLIC IMPROVEMENTS.
Prior to a permit being issued for construction of accelerated public improvements for
which repayment of reimbursement amount is being requested, the following
requirements shall be met:
(A) A diagram describing all properties which will be benefitted by any accelerated
public improvements to be installed shall be provided to the Director or designee.
(B) The field engineering plans and specifications required for the accelerated public
improvement may be prepared by the owner or the city. If prepared by the owner they
must be approved by the Director or designee prior to construction. The engineering
costs for preparation of plans and staking of the accelerated public improvements only,
which are incurred by the person, may be included as determined by the Director or
designee in the agreed construction costs as provided in this section.
(C) For any accelerated public improvements that are constructed, the owner shall
furnish and install to city specifications all facilities within the boundary of the designated
area of the development.
(D) Detailed plans and specifications for accelerated public improvements that are
extensions to existing public facilities must be approved by the Director prior to
construction. The costs for the preparation of plans and specifications, diagrams and
other information required by the owner to comply with
§§ 152.190 through 152.195 shall be assumed by the property owner.
(E) The project shall be bid in accordance with the provisions pertaining to public
works projects contained in A.R.S. Title 34. The city shall open the bids on a pre-
determined date agreeable to the property owner and the city. The city and the property
owner reserve the right to reject any or all bids. The construction costs shall be
determined prior to the commencement of construction and shall be approved by the
city. In the event that the agreed upon construction costs increase, the repayment
agreement may be amended upon approval of the additional construction costs by the
city.
(F) The city will perform the inspection during construction and shall charge the
owner for the inspection of the accelerated public improvements. The costs of such
inspections may be included in any repayment agreement.
(G) The ownership of all accelerated public improvements upon inspection and
acceptance as meeting city standards shall be vested in the city.
(Prior Code, § 19-13.2-2) (Ord. O08-07-13, passed 7-10-2008)
§ 152.192 AUTHORIZATION OF REPAYMENT AGREEMENTS.
(A) Upon development of any property within or outside of the city limits for which an
accelerated public improvement project will be constructed, the developer or owner
paying the cost of the accelerated public improvements may request that the City
Manager or designee, on behalf of the city, enter into a reimbursement agreement to
collect reimbursement amounts from the developers and owners of parcels specially
benefitted by the project located within or outside the city.
(B) The City Manager shall be authorized to enter into repayment agreements under
this subchapter without further authorization from the City Council. The agreements
shall be recorded in the office of the Maricopa County Recorder.
(C) Any improvements constructed pursuant to §§ 152.170 through 152.176 of this
chapter shall not be subject to repayment agreements under this chapter in addition to
assessments levied pursuant to §§ 152.170 through 152.176.
(Prior Code, § 19-13.2-3) (Ord. O08-07-13, passed 7-10-2008)
§ 152.193 REPAYMENT AGREEMENTS; TERMS; COLLECTIONS; AND COSTS.
(A) The repayment agreement shall designate the parcels and persons who are
entitled to reimbursement amounts and shall include a diagram of the properties and
respective amounts from which reimbursement amounts may be collected.
(B) The repayment agreement shall set forth the total of the reimbursement amount
to be paid to the city, which agrees to repay the reimbursement amounts to the property
owner when the amounts are paid to the city. The total of the reimbursement amounts
shall not exceed that portion of the agreed construction costs of the accelerated public
improvement allotted to property other than that held by the property owner receiving
the reimbursements. The repayment agreement shall terminate in ten years or when the
total amount provided for by this chapter is repaid, whichever is earlier. The city will not
be liable to the property owner for any amounts not collected by the city prior to
termination of the repayment agreement.
(C) The approved construction costs as described above will be used for calculation
of all reimbursement amounts.
(D) In consideration for their entry into a repayment agreement with the city, the
property owner shall have the right to connect into the accelerated public improvement.
(E) The field engineering plans and specifications required for an accelerated public
improvement shall be prepared by the developer and approved by the city prior to
construction. The engineering costs for preparation of plans and staking of the
accelerated public improvements on the property which are incurred by the property
owner may be included as determined by the city in the agreed construction costs as
provided in this section. The city will perform the inspections during construction.
(F) The city shall have sole and exclusive control of connections to the accelerated
public improvement. Connections to the accelerated public improvement may only be
made upon issuance of a written permit from the city. It shall be unlawful to make a
connection to an accelerated public improvement without a permit. The unlawful
connections may be removed by the city and the costs of removal assessed to the party
making the connection.
(G) Prior to the inspection and acceptance of the accelerated public improvement by
the city, all reimbursement amounts due by an owner for repayment of the benefit which
their property received from the accelerated public improvement shall be paid to the
city.
(H) An annual charge will be assessed by the city for the administration of each
repayment agreement. The annual charge shall be calculated based on actual cost
incurred by the city for the administration of the agreement; however, the annual charge
shall not be less than $500 per year.
(I) Any property owner may assign the benefits arising out of any reimbursement
agreement with the city. The assignments shall not relieve the property owner from its
duties and obligations under the agreement. The assignment shall require prior, written
approval of the city, which may be withheld for any reason.
(Prior Code, § 19-13.2-4) (Ord. O08-07-13, passed 7-10-2008)
§ 152.194 REIMBURSEMENT AMOUNTS PAYABLE TO CITY.
(A) When an accelerated public improvement is constructed by the city or its
contractors to provide service or benefit to a parcel of a property owner, which owner or
their predecessors in interest did not pay for any of the costs of the accelerated public
improvement, the city may impose and collect a reimbursement amount. The
reimbursement amount shall be based on the benefitted parcel's share of the special
benefit received as compared to the total cost of the accelerated public improvement.
The reimbursement amount shall be paid to the city prior to the issuance of a building
permit or the issuance of an encroachment permit to access city right-of-way for the
purpose of connecting to the accelerated public improvement.
(B) It shall be unlawful for any person to extend service from an accelerated public
improvement to property for which a reimbursement amount has been imposed without
first paying the reimbursement amount and obtaining a permit issued by the City
Engineer or designee.
(C) The repayment obligation under this section shall terminate in ten years or when
the total amount provided for by this subchapter is repaid, whichever is sooner.
(Prior Code, § 19-13.2-5) (Ord. O08-07-13, passed 7-10-2008)
§ 152.195 NOTICE OF INTENTION TO APPROVE ACCELERATED
PUBLIC IMPROVEMENTS.
(A) Upon the determination of the Director or designee that the public health, safety,
welfare, and convenience requires the construction of accelerated public improvements
prior to the development of the adjacent property, but for which the adjacent property
will be specially benefitted, a map establishing the boundaries of the zone and
indicating the amount of charges for accelerated public improvements on each parcel
shall be prepared by the Director and filed in the office of the City Clerk. The map for the
accelerated public improvement shall contain:
(1) A description of the accelerated public improvement;
(2) A general description of the estimated total cost and cost per frontage foot or
cost per acre of the proposed accelerated public improvement;
(3) A description of the accelerated public improvement project area and a map
and list of all property owners who will be receiving a special benefit from the
construction of the accelerated public improvement;
(B) Those property owners within the area subject to repayment for accelerated
public improvements shall receive notice in writing of the proposed charges for
accelerated public improvements by personal delivery or by certified U.S. Mail.
(C) Upon completion of any accelerated public improvements as permitted in this
subchapter, the city may record with the Maricopa County Recorder's Office a notice of
the reimbursement amount owed by a benefitted party together with a notice of the
provisions of this subchapter relating to repayment of the reimbursement amount prior
to any development on the property owned by the benefitted party.
(Prior Code, § 19-13.2-6) (Ord. O08-07-13, passed 7-10-2008)
PRIVATE STREETS
§ 152.205 GENERAL PROVISIONS.
Private streets are subject to all requirements of public streets except for street and
right-of-way width. They shall be reviewed, approved, inspected, and tested in the same
manner as public streets and shall include drainage facilities, curbs, sidewalks, and
streetlights built to city standards. The minimum allowable width of the private streets
will be determined by the Development Services Director based on a variety of factors,
including but not limited to, projected traffic volume and availability of off-street parking.
(Prior Code, Art. 19-14)
§ 152.206 PERMITS AND INSPECTION.
(A) Any person constructing or installing private streets or any other privately-owned
off-site improvement must comply with all of the requirements of this chapter including
but not limited to complete inspection and testing for private streets including paving,
curb, gutter, sidewalks and drainage facilities. Parking lots and their associated access
ways shall receive limited inspection to ensure plan requirements for drainage and
thickness of asphalt and base course have been satisfied.
(B) Street name signs and traffic-control devices shall be furnished and installed by
the developer in accordance with approved plans prior to project acceptance.
(Prior Code, § 19-14-1)
TRAFFIC SIGNALS AND STREETLIGHTS
§ 152.217 TRAFFIC SIGNAL AND STREETLIGHT REIMBURSEMENT
AGREEMENTS.
(A) When a developer is required to install a traffic signal as part of the development
plan, the developer shall be entitled to enter into a reimbursement agreement with the
city to provide for recovery of costs from owners of other corners of the intersection
which are undeveloped at the time the plans are approved. The reimbursement costs
shall be computed by the Director based on actual construction cost of the signal plus
engineering and construction inspection costs. The determination shall be made a part
of the reimbursement agreement. The total of the reimbursement to the developer shall
not exceed the total costs as determined by the Director less the proportion of the costs
applicable to the developer’s project. The developer shall furnish the Director a certified
copy of the actual costs when he or she requests the reimbursement agreement. No
reimbursement shall be received from others on corners already developed. No
reimbursement shall be received from others on corners with valid engineering plans
approved for development unless the city required a contribution towards the traffic
signal during the plan review/permitting process. The Director shall determine the
applicability and the amount of buy-ins due when development occurs on the other
corners of the intersection. As a general rule, one-fourth of the total cost will be
assessed to each corner. Exceptions may apply when the size of a parcel or the amount
of traffic generated warrants a different assessment.
(B) When streetlights are installed by a developer on local or collector streets, he or
she shall be entitled to enter into a reimbursement agreement with the city to provide for
recovery of cost from others who develop later on land adjacent to the streetlights
installed by the developer. The Director shall determine the amount of street frontage
eligible for reimbursement, and the determination shall be made a part of the
agreement. Reimbursement shall be made on the basis of street frontage at rates
established by the Director. The rates shall include current costs for engineering,
construction and inspection.
(C) All reimbursement agreements must be requested by the developer and shall run
for a period not to exceed 15 years from the date of execution by the Director, who is
hereby authorized to execute the agreements in accordance with the provisions of this
section. The agreements shall automatically terminate at the end of the 15-year period.
No agreement shall be approved and executed more than one year after date of
acceptance of the improvements, and no reimbursement shall be received from projects
by others which have engineering plans approved prior to receipt of the developer’s
request to enter into such an agreement unless the city required a contribution towards
the traffic signal during the plan review/permitting process.
(D) Reimbursement shall be made by the city upon receipt of payment from adjacent
property owners, less the fee established by Council resolution per reimbursement
transaction which shall be retained by the city to cover administrative costs. All
agreements shall include the name and address of the recipient of reimbursement
payments, and it shall be the developer’s responsibility to keep the information current.
Agreements may be assigned by the developer upon written notification to the Director
and subsequent written acknowledgment.
(E) Buy-ins for traffic signals and streetlights shall be collected by the city only when
a valid reimbursement agreement is in force. They shall be paid prior to the release of
the certificate of occupancy or, if no building is proposed as part of the project, prior to
the release of the Engineering permit.
(Prior Code, § 19-15-3)
DISPOSITION OF UNNECESSARY RIGHTS-OF-WAY
§ 152.230 GENERAL PROVISIONS.
The City Council may dispose of unnecessary public roadway either by sale, vacation,
or exchange of the roadway in accordance with the requirements of state law and
pursuant to the adoption of an ordinance authorizing the disposition. The City Council
may extinguish unneeded easements by resolution.
(Prior Code, Art. 19-16)
§ 152.231 RESERVATION OF EASEMENTS.
In the event there are existing utility lines, pipes, canals, ditches, or appurtenances in
any unneeded public roadway being sold, vacated, or exchanged, or if in the sole
discretion of the city it is probable that there will be a need for a public utility easement
in the roadway, the city shall reserve an easement or easements for such purposes and
of such size as the city may determine. Any fees associated with the creation and
recordation of the easement(s) must be included in the cost of the sale, if applicable.
(Prior Code, § 19-16-1)
§ 152.232 APPLICATION FOR DISPOSITION OF ROADWAY OR EASEMENT.
An applicant for disposition of unnecessary public roadway or for extinguishment of an
easement shall submit an application in such form and with such information as may be
required by administrative regulation and shall pay such fees as are established by
resolution approved by the City Council.
(Prior Code, § 19-16-2)
§ 152.233 DECISION TO DISPOSE OF ROADWAY OR EASEMENT.
(A) The decision to dispose of an unnecessary public roadway or to extinguish an
unneeded public easement lies solely with the City Council and shall be made upon
receipt of staff’s recommendation.
(B) The vesting of title to roadway vacated by the city shall be subject to
consideration from the owner of the abutting property to the city deemed by the City
Council, in its sole discretion, to be commensurate with the value of the abandoned
roadway, giving due consideration to its degree of fragmentation and marketability and
any other public benefit received by the city in return for the abandoned roadway.
(Prior Code, § 19-16-3)
ENFORCEMENT
§ 152.245 CEASE AND DESIST ORDERS.
Whenever any work is being done contrary to the provisions of this code, the Director
or his/her designee may order the unauthorized work stopped by notice in writing
served on any person engaged in the doing or causing the unauthorized work to be
done, and any such person shall forthwith stop the unauthorized work.
(Prior Code, § 19-17-1)
§ 152.246 APPEAL PROCEDURE.
Any developer who has been aggrieved by a decision of the Director or the
Department, pursuant to action taken in the enforcement of this chapter, to include
benefit study standards, criteria, limits, cost assignments and the like, may appeal the
decision for consideration by the City Council. Appeals shall be presented in writing to
the Director, who shall prepare a report and recommendation to the Council and notify
the appellant in writing of the time and place of the Council hearing. The Council may
modify these provisions in such a manner and to such extent as it may deem
appropriate to the public interest. The decision of the Council shall be final and
conclusive.
(Prior Code, § 19-17-3)
§ 152.999 PENALTY.
Any person violating any of the provisions of this chapter shall severely, for each and
every such violation and non-compliance, be punished as provided in § 10.99(A) of this
code of ordinances.
(Prior Code, § 19-17-2)