A. 
The City Council finds as follows:
1. 
There is a lack of adequate roadway edge treatments, pedestrian facilities and streets in various areas of the city which may be prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the city.
2. 
The lack of improved pedestrian pathways in the city in many instances forces pedestrians, including school children, to walk in the streets and to be subject to the hazards of vehicular traffic.
3. 
The lack of improved pedestrian pathways during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks.
4. 
Streets and highways of inadequate width and design hinder vehicular movement and constitute a hazard to the safety and health of users.
5. 
The lack of curbs, storm drains and other street improvements results in poor drainage and a collection of filth and waste.
6. 
The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles.
B. 
It is the purpose of the City Council in adopting the provisions of this chapter to:
1. 
Impose reasonable requirements of dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and highways in the city thereby increasing the danger to the public health, safety and welfare;
2. 
Extend the basic requirements of the Subdivision Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved;
3. 
Alleviate the undesirable situation found to exist in subsection A of this section by spreading the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the city to serve property about to be developed at the time of its development.
C. 
The City Council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way including streets, highways, alleys and storm drain facilities and the construction of improvements contiguous to the property from the property line to the centerline of the public rights-of-way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put.
(Ord. 8067 § 1, 1976; Ord. NS-555 § 1, 2000)
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
"Alley"
means a public or private way permanently reserved as a secondary means of access to abutting property.
"Alternative design streets"
means any street designated by resolution of the City Council as an "alternative design street" subject to the alternative street design approval process used to determine the final improvement standards for the designated street.
"Building"
includes any building, structure or dwelling of which the cost price of erecting the same is in excess of the sum of $15,000.00 as determined by building permit valuation.
"Improvements"
includes, but is not limited to, sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installation, undergrounding of utility facilities and pavement transitions.
"Person"
means any person, firm, partnership, association, corporation, company or organization of any kind. The term "person" also includes any owner, lessee or agent constructing or arranging for the construction, modification, or alteration of a building or dwelling.
(Ord. 8067 § 1, 1976; Ord. 205 § 1, 1992; Ord. NS-555 § 2, 2000)
A. 
Any person who constructs or causes to be constructed any building in the city shall have provided by means of an irrevocable offer of dedication, grant of easement or other appropriate conveyance, as approved by the City Attorney, the rights-of-way necessary for the construction of any street, highway, or alley as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise required by the City Engineer in accord with an established street system or plan. Rights-of-way shall also be provided for any improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and all liens and encumbrances shall be removed or subordinated to the city's interests.
B. 
The dedications or irrevocable offer of dedication required by subsection A of this section shall also apply to any person who enlarges, expands, or causes to be enlarged, or expanded any building in the city if the cost of such work exceeds the sum of $15,000.00 as determined by building permit valuation. Said amount is to be increased annually consistent with International Conference of Building Officials valuation schedule for the appropriate construction type.
C. 
The dedications required by this chapter shall be made prior to issuance of the building permit for the subject property.
D. 
Repealed by Ord. 205 § 2.
(Ord. 8067 § 1, 1976; Ord. 7058 § 3, 1979; Ord. 205 § 2, 1992; Ord. NS-555 § 3, 2000; Ord. CS-085, 2010)
A. 
Any person who constructs or causes to be constructed any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the City Manager shall determine whether or not the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued.
B. 
The improvements required by subsection A of this section shall also apply to any person who enlarges or expands or causes to be enlarged or expanded any building in the city if the cost of such work exceeds $75,000.00 and increases the size of the building. Such amount is to be increased annually consistent with International Conference of Building Officials valuation scheduled for the appropriate construction type.
(Ord. 8067 § 1, 1976; Ord. NS-15 § 1, 1988; Ord. 205 § 3, 1992; Ord. NS-518 § 1, 1999; Ord. NS-555 § 4, 2000)
In the event the City Manager determines that the contemplated construction of improvements as required by this chapter in individual cases will necessitate the relocation or alteration of public utility facilities, including, but not limited to, gas, electricity, telephone and water, he or she may require the person requesting the building permit to produce satisfactory evidence that such person has made arrangements with such public utility company for the relocation or modification of such public utility facilities.
(Ord. 8067 § 1, 1976)
If the City Manager determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit prior to issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The City Manager is authorized to execute such agreements on behalf of the city.
(Ord. 8067 § 1, 1976)
Upon written application, the City Manager by written order may defer any of the improvements required by this chapter if he or she finds that the public health, safety and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists:
A. 
There is a lack of adequate data in regard to the grades, plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later time.
B. 
The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance.
C. 
Construction of the improvements would be incompatible with the present state of the neighborhood's development or be impractical or premature because of the condition of the surrounding property.
D. 
Construction of the improvements would create a hazardous or defective condition.
E. 
Improvement would be to a street designated by resolution of the City Council as an alternative design street and subject to the alternative street design approval process.
F. 
Improvements are not continuous with existing improvements and construction would be impractical.
(Ord. 8067 § 1, 1976; Ord. NS-555 § 5, 2000)
A. 
The granting or denial of a deferral of improvements pursuant to Section 18.40.070 by the City Manager shall, unless appealed to the City Council in accordance with Section 1.20.600, become final 10 days after the filing of the City Manager's written decision setting forth the findings in support thereof.
B. 
The City Council shall set the matter for hearing within 30 days and may approve, modify or disapprove the decision of the City Manager.
(Ord. 8067 § 1, 1976; Ord. 205 § 4, 1992; Ord. NS-249 § 1, 1993)
Any deferral of improvements pursuant to Section 18.40.070 shall be conditioned on the filing with the City Manager of a neighborhood improvement agreement in a form satisfactory to the City Attorney which provides that the property owner will construct the improvement at such time as an improvement district or neighborhood improvement program is adopted. The City Manager is authorized to execute such agreement on behalf of the city. Such agreement must be received and recorded prior to issuance of a building permit. If the building permit is not exercised, the City Manager is authorized to execute a release of agreement for the subject property.
Prior to the recordation of a neighborhood improvement agreement, there shall be paid to the engineering department a fee as set by resolution of the City Council for the processing of the agreement.
(Ord. 8067 § 1, 1976; Ord. 7058 § 4, 1979; Ord. 205 § 5, 1992; Ord. NS-555 § 6, 2000)
Upon written application, submitted to the City Council and accompanied by a fee as established by resolution of the City Council, the City Council may by resolution waive or modify the requirements of this chapter if they find that:
A. 
The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neighborhood and to avoid unreasonable interference with such things as trees, walls, yards and open space;
B. 
The granting of the waiver or modification will not perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the city.
(Ord. 8067 § 1, 1976; Ord. 205 § 6, 1992)
The Community and Economic Development Director shall deny final approval and acceptance of a building permit, and shall refuse to allow final public utility connections and occupancy in any building, structure or dwelling unless the City Manager determines that all required dedications have been made and that all necessary improvements exist, are constructed, or unless the City Manager, pursuant to Section 18.40.070, has determined to defer the installation of such improvements, and the required future improvement agreement and a lien contract has been received and recorded, or unless the requirements of the chapter have been modified or waived pursuant to Section 18.40.100.
(Ord. 8067 § 1, 1976; Ord. 1261 § 29, 1983; Ord. NS-676 § 7, 2003; Ord. CS-164 § 14, 2011)