It is in the public’s best interest that all new developments
have adequate levels of public facilities and services. It is necessary
and desirable to provide for the dedication of rights-of-way and easements
for capital improvements to support new development at the earliest
stage of the development process. Further, the City desires to assure
that development impacts are mitigated through contributions of rights-of-way,
easements, and the orderly construction of capital improvements. It
is the policy of the City that a development project contribute no
more than its fair share of such costs. There is an essential nexus
between the demand on public facilities systems created by a new development,
and the necessity of dedicating rights-of-way and easements and the
construction of capital improvements to offset such impacts. Requirements
for dedication and construction of capital improvements to serve a
proposed new development will be attached as conditions of approval
of any development application that contains a specific layout of
the development.
(Ordinance 6773 adopted 5/19/15)
(A)
General
Dedication and Construction Requirements.
The developer
of a proposed development has an obligation to dedicate such land
and interests in land, and to construct water, wastewater, road, and
storm drainage facilities needed to adequately serve the proposed
development.
(B)
Facilities
Impact Studies and Schematic Engineering Drawings.
(1)
The
City may require that a developer submit one or more public facilities
studies and Schematic Engineering Drawings, as defined in the Technical
Standards Manual, regarding the proposed development in order to assist
the City in determining whether the proposed development will be supported
with adequate levels of public facilities and services concurrent
with the demand for the facilities created by the development.
(2)
The
study shall identify, at a minimum, the adequacy of existing facilities,
the nature and extent of any deficiencies, and the capital improvements
needed to meet the adopted level of service, assuming development
at the intensity proposed in the development application.
(3)
The
City may require, at the time of approval of a subsequent development
application (such as a Final Plat), an update of a public facilities
study approved in connection with a prior development application
(such as a Preliminary Plat).
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 13, adopted 5/7/19)
(A)
Timing
of Dedication & Construction.
(1)
Initial
Provision for Dedication or Construction.
The developer
shall submit for approval Schematic Engineering Drawings that demonstrate
a proposed development will be adequately served by public facilities
and services at the time for approval of a site permit application
for a development, including: a petition for an annexation agreement
or an annexation development agreement (if applicable).
As a condition of approval of the development application, the
City may require the dedication of rights-of-way or easements for,
and construction of, capital improvements to serve the proposed development.
(2)
Deferral
of Obligation.
(a)
The obligation to dedicate rights-of-way for, and to construct, one
or more capital improvements to serve a new phased development may
be deferred by the Director of Engineering, upon written request by
the applicant, until approval of a subsequent development application
for a later phase of a phased development. However, each separate
phase of a development must be adequately served by all required public
facilities such that each phase can exist independently without reliance
upon a future phase for such facilities.
(b)
As a condition of deferring the obligation, the City may require that the developer enter into a Subdivision Improvement Agreement pursuant to Article 6, Division 3 of this Chapter 3, specifying the time for dedication of rights-of-way for, or construction of, capital improvements serving the development.
(B)
Relief
from Obligations.
In order to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of capital improvements, credit or offset the obligations against payment of impact fees (see Article 3, Division 3 in Chapter 1 of this GDC), or relieve the property owner of some or part of the obligations in response to a petition for relief from a dedication or construction requirement pursuant to Article 1, Division 2 in Chapter 5 of this GDC.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 14, adopted 5/7/19; Ordinance 7107, sec. 45, adopted 12/3/19; Ordinance 7524 adopted 4/16/2024)
(A)
Improvement
of the Proportional Share of an Adjacent Road.
(1)
When
an area within a proposed development, whether residential or nonresidential:
(a)
Abuts on one or both sides of an existing road or City utility facility,
or a planned or future road, drainage or City utility facility as
shown on the City’s Major Thoroughfare Plan or adopted plans
related to water and wastewater; and
(b)
Improvements to an adjacent road are necessitated by and attributable
to the development, the developer shall bring the following facilities
to City standards, or replace them such that they meet City standards,
according to the development’s proportional share:
i.
Road facilities, including but not limited to adjacent and appurtenant
sidewalks, bike lanes, barrier-free ramps, storm drainage facilities,
medians, median openings, left turn lanes, and water quality or erosion
controls;
ii.
Traffic mitigation facilities, including but not limited to signalization,
medians, access and deceleration lanes; and
iii.
City utility facilities.
(B)
Calculation
of Minimum Proportional Share.
(1)
Subject to Section 3.44 of this Chapter 3, the developer’s share of improvements to a perimeter road is at minimum the equivalent of one-half of any adjacent street, along the entire front footage of the subdivision, depending upon the type of the abutting street as shown on the City’s Major Thoroughfare Plan.
(2)
Subject to Section 3.44 of this Chapter 3, the developer’s minimum share of improvements to a roadway when a subdivision is to be located on both sides of a roadway is the full width of a local roadway, including the curbs and other roadway appurtenances. The roadway shall be improved by the developer on each side of the road along the entire length of the subdivision.
(3)
The City may participate in the costs of perimeter roads in excess of the developer’s proportional share obligations, in cases where perimeter road costs are not borne by another public entity, and in cases where the application of the standards in this Section 3.47 result in a disproportional burden on the development, as determined in accordance with Article 1, Division 2 in Chapter 5 of this GDC.
(C)
Participation
in Construction of Other Necessary Facilities.
Adjustments
shall be made to the developer’s proportionate share to the
extent that the developer is required to participate in the construction
or cost of construction of region-serving public facilities such as
highways, major bridges, and drainage projects that serve a drainage
basin rather than local drainage.
(D)
Improvements.
All streets abutting a development shall be improved, and rights-of-way
platted, in accordance with the standards prescribed herein. If the
developer widens existing pavement, the existing pavement shall be
cut back a distance required by the Director of Engineering to assure
adequate sub-base and pavement joint before additional paving material
is placed.
(1)
Existing
Boundary Streets.
For boundary streets existing to some
degree, for example, by previous partial dedication or prescriptive
easement, the following standards apply.
(a)
For all classifications of such streets, the developer shall dedicate,
to the extent of whatever interest the developer may have in the area
to be dedicated, one-half of the additional right-of-way necessary
to comprise the full street width required. Dedication of more than
half of this additional increment may be required, in some instances,
to maximize use of existing roadway and to ensure a consistent street
alignment with a minimum of undesirable curvature.
(b)
For all streets classified as A, B, C, D, E, F, or G, except highways
to be completed by others, the developer is required to pave one-half
the additional portion of street right-of-way remaining to be paved,
according to the adopted Major Thoroughfare Plan. If the Director
of Engineering determines that unusual circumstances exist such that
the present construction of required improvements should be deferred,
in lieu of constructing the required improvements at the time of developing
the project, the developer may request one of the following options:
i.
The developer may contribute to the City its proportional share of an amount of money necessary to complete all paving, curbing, storm drainage facilities, traffic improvements, and associated City utilities required but not installed as part of the development project. These funds shall be held, and eventually disposed of, in the manner described within Article 4, Division 3 of this Chapter 3 (Escrow Policies and Procedures) for the City to construct at a later date;
ii.
The developer may, by written request to the Director of Engineering, defer the obligation to a later date until approval of a subsequent application for a later phase of a phased development. If approved, the developer’s obligations shall be set forth in a Subdivision Improvement Agreement per Article 6, Division 3 of this Chapter 3;
iii.
The developer may, with City Council approval, execute a Development Agreement, prior to development, that runs with the ownership of the land and that obligates the person who owns the land to place into a City cash escrow fund (see Article 4, Division 3 of this Chapter 3) the amount of money necessary to cover the developer’s proportional share of the cost of all required public street improvements. The Development Agreement shall be in a City-approved form, signed by the property owner, notarized, and filed with the official property records of the applicable county;
iv.
If the adjacent street is not part of a pending capital improvement project, in lieu of construction the developer must pay the additional roadway impact fees as provided on Schedule 1 in Section 1.88 of this GDC. Any previously paid roadway impact fees or other offset or credits under Section 1.78 of this GDC will be credited to the developer. The remaining balance must be paid prior to issuance of a Site Permit and will be collected as additional roadway impact fees.
(2)
New
Boundary Streets.
For new boundary streets forming part
of the subdivision boundary, the following standards apply:
(a)
Local Streets.
Where a local street forms part of the subdivision boundary, the developer shall dedicate right-of-way sufficient to make such street conform to requirements of Article 5, Division 4 of this Chapter 3. The developer shall also improve such street in conformance with all standards and specifications of the City, including installation of curbs on both sides of the street. Local street sections and specifications can be found in the Technical Standards.
(b)
Other Streets.
Where a proposed thoroughfare (other than a local street) forms part of a subdivision boundary, the developer shall dedicate one-half of the additional right-of-way necessary to comprise the full street width required by Article 5, Division 4 of this Chapter 3. Dedication of more than half of this additional increment may be required, in some instances, to maximize the use of existing streets and to ensure a consistent street alignment with a minimum of undesirable curvature in accordance with the Technical Standards. The developer shall also improve such street in conformance with all standards and specifications of the City, including installation of curbs on both sides of the street (minimum width allowable is that of a local street section).
(c)
Highway.
If the right-of-way for a highway lies adjacent
to or forms part of the subdivision boundary and the highway will
be completed by authorities other than the City, no paving improvements
for such shall be required of the developer.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 15, adopted 5/7/19)
