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12.24.030. New major and non-major streets

            The project improvements located in each new major and non-major street shall be constructed entirely at the expense of the developer proposing the development activity.  If there are project improvements attributable to undeveloped land, at the time the street is to be constructed, the property owner or developer of the undeveloped land, shall, prior to receiving approval, or a permit for any development activity on the land, pay for the improvements installed.  Any system improvements required, shall be paid by the City, or by a credit against the impact fees to be paid by a developer.  Nothing in this Chapter, however, shall require the City to make either project or system improvements unless the City has determined, by the City Council, to do so.  Any person seeking to commence development activity prior to the City's commitment to participate in a project may construct any or all project and system improvements for the new major or non-major street and may, with the approval of the City Council, enter into a payback agreement for the improvements pursuant to Chapter 18.36 of this Code, or enter into an agreement with the City for the repayment of any system improvements through credits towards development impact fees or repayment from those impact fees, as determined by the City Council.  No development activity shall commence unless all project and system improvements are provided to and within the development activity proposed, unless specifically exempted from a particular requirement by the City Council.  An exemption by the City Council, may be granted where the construction of the improvements are both imminent and certain through another method, such as the establishment of a special improvement district or construction of the improvements by the City, without the requirement of recoupment.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-37, Amended, 6/4/1998

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