A.
It
is unlawful for any person having charge or control of any parcel
of land, lot or premises, either as owner, agent, lessee, tenant or
otherwise, to make improvements valued at $52,000.00 or more to existing
property/structure(s) or construct new structure(s) without simultaneously
constructing and installing street frontage improvements upon that
portion of the underlying lot or parcel of land abutting upon any
public right-of-way. The street frontage improvement valuation amount
shall be reviewed annually for any necessary adjustment based on any
increase in the Consumer Price Index (CPI).
1.
Street
frontage improvements in designated urban areas shall include the
installation of concrete curbs, gutters, sidewalks, driveway approach,
street pavement section to the centerline of the traveled way, street
trees and street lights as may be required.
2.
Street
frontage improvements in designated rural flat terrain areas shall
include the installation of street pavement section to the centerline
of the traveled way, paved driveway approach, asphalt berm for drainage
purposes, trail/pathway and street lights as may be required.
3.
Street
frontage improvements in designated rural woodland (foothill) areas
shall include the installation, paved driveway approach and street
lights as may be required. The rural woodland (foothill) areas will
not require the installation of concrete curbs, gutters, sidewalks,
street pavement section to the centerline of the traveled way, and/or
street trees for a single-family residential development project.
All properties that have street frontage to the rural woodland (foothill)
area designation will only be required to install paved driveway approach
and street light.
B.
All
property within the city limits shall be considered urban unless otherwise
designated by city council. The city urban/rural/foothill boundary
shall be determined by resolution of the city council.
C.
Additional
public right-of-way shall be dedicated by the property owner(s) as
may be needed to facilitate the construction of the required street
frontage improvements.
D.
The
foregoing shall apply to all construction, and the valuation shall
be as determined from the application for a building permit, grading
permit or other applicable city development permit, subject to the
approval of the city building official and/or public works director.
(Ord. 1672 § 2; Ord. 1709 § 1; Ord. 1779 § 1)
The construction of any sidewalk, curb, asphalt berm, gutter,
driveway approach, street pavement section, street tree, street light
or other city street improvement required by this chapter shall be
done in conformance with standards and specifications as set forth
in the City of Oroville Construction Standards on file in the office
of the city engineer/public works director. Street trees shall also
be planted in accordance with the standards set forth by the city
parks and trees director. Frontage improvements along state highways
shall also be subject to the California Department of Transportation
(Caltrans) standards. Frontage improvements along county roads shall
also be subject to county public works department standards. Encroachment
permits for constructing required frontage improvements shall be respectfully
obtained from the city public works department, Caltrans or Butte
County public works department depending upon the applicable public
agency having jurisdiction over the subject public right-of-way.
(Ord. 1672 § 3)
When specific circumstances apply to a legal parcel, the requirement
to install street frontage improvements in the specific designated
area (urban/rural) may be postponed in accordance with the provisions
of this section.
A.
The
postponement of any street frontage improvements will be reviewed
and approved by the development review board/committee. The circumstance
in which the development review board/committee may consider postponement
of the installation of required street frontage improvements is installation
of the required street frontage improvements may result in significant
adverse environmental impacts, as might be the case if construction
of the improvements would require extensive grading into a hillside
or wooded area, or into wetlands or other sensitive areas.
B.
The
applicant shall apply for the postponement of the proposed street
frontage improvement and pay an in-lieu fee to be deposited into a
street frontage improvement fund for the specific designated area
(urban/rural). The in-lieu fee shall be determined by resolution of
the city council.
(Ord. 1451 § 2; Ord. 1645 § 1; Ord. 1682 § 1; Ord. 1779 § 2)
The issuance of any building permit by the building official
of the city shall be conditional upon the agreement of the person
applying for the permit to construct curbs, gutters, sidewalks, and
street section to centerline of traveled way as herein required under
this chapter.
(Ord. 1451 § 2)
Whenever any person having charge or control of any lot or premises,
either as owner, agent, lessee, tenant or otherwise fails to do any
of the things provided in this chapter, it shall be the duty of the
building official to give written notice of such failure to comply
with this chapter by posting a notice on the lot and also by leaving
a notice with any occupant of the lot. He or she shall also mail a
notice to the last known record owner of said premises at the address
set forth upon the last equalized assessment roll. The notice shall
briefly describe the work to be done and shall refer to this chapter.
The notice shall state that unless the work is done within 30 days
from the date of the posting of the notice on the lot, the building
official shall notify the city engineer to do or cause to have done
the work, and the costs and expenses thereof will be placed upon the
tax rolls and assessed to the aforesaid real property.
(Ord. 1451 § 2)
A wilful violation of this chapter shall be a misdemeanor. Any
wilful or intentional misrepresentation of any fact made for the purpose
of influencing the action of any officer or public body herein named
pursuant hereto shall be a violation of this chapter. Whenever any
building permit has been issued thereunder and the city council shall
find and determine that there has been a wilful violation of this
chapter in connection with the subject matter of such permit, the
city council may revoke such permit.
(Ord. 1451 § 2)
