Chapter 12.10
STREET AND IMPROVEMENT CONSTRUCTION REQUIREMENTS
Sections:
12.10.015 Construction improvements required.
12.10.020 Improvement security required.
12.10.030 One year warranty required.
12.10.040 Design and development standards.
12.10.005 Policy.
It is the goal of the city of Cottage Grove to upgrade all unimproved and substandard streets, water lines, sanitary sewer lines and storm drainage to the current city standard. In order to accomplish that goal it is the city’s policy to require the upgrading of unimproved or substandard streets and municipal utilities to the current city standard so as to benefit both the city and the properties which abut onto those unimproved or substandard streets and to fairly apportion the cost of such improvements to the abutting properties. (Ord. 2832 §2(part), 1999)
12.10.010 Definitions.
A. "New development" means new construction or any development involving a change of use or intensification of use. Residential remodeling shall be classified as new development only when it results in the construction or addition of one or more dwelling units. (Ord. 2832 § 2(part), 1999)
12.10.015 Construction improvements required.
A. The city standard for all public streets includes a paved surface with curbs, gutters and sidewalks. Upgrading of unimproved or substandard streets and municipal utilities to city standard will be required as a condition of new development. Actual construction of the required improvements may be deferred to a future date when:
1. Deferral is necessary to achieve an equitable apportionment of improvement costs between the benefitting properties; and
2. Construction needs to be deferred in order to have the improvements made from intersection-to-intersection or between other logical terminal ends as determined by the city; and
3. It can be demonstrated that the existing improvements are capable of serving the proposed new development until the required improvements are made.
B. In lieu of the required improvements being constructed in conjunction with the new development, the city may require a written agreement signed by the permittee not to remonstrate against the construction of the improvements at a future date. The date of deferred construction shall be determined by the city and shall be consistent with this section. All nonremonstrance agreements deferring construction of improvements shall be recorded with Lane County at the expense of the permittee.
C. Upgrading of unimproved or substandard streets and municipal utility improvements to current standard will be required by the city when:
1. Subsections (A)(1), (2), and (3) of this section are not met; or
2. The ownership of at least one-third of the abutting properties have agreed not to remonstrate against the improvements or are supportive of the improvements;
whichever occurs first. Installation of improvements that do not comply with current city standards will not be permitted. (Ord. 2832 § 2(part), 1999)
12.10.020 Improvement security required.
Prior to the granting of development plan approvals, right-of-way use permits or building permits the city will require the owner to provide a bond or other security which guarantees the construction of city standard improvements. Said security shall be equal to one hundred percent of the cost to complete the improvements. The required security must be in the form of a security bond, irrevocable letter of credit, certificate of deposit, cash or other form acceptable to the city. Any such security must be provided in favor of the city of Cottage Grove and remain in full force and effect until such time as it is released in writing by the city of Cottage Grove. In no case shall the security be released in full until completion of one year’s satisfactory service of all improvements. If requested by the owner in writing the city may at its discretion reduce the amount of the security held during the warranty period to a reasonable percentage of the construction cost. (Ord. 2786 §2, 1996)
12.10.030 One year warranty required.
All public improvements within the public rights-of-way or easements shall be guaranteed for a period of one year. The warranty period will commence upon completion and acceptance by the city of all items of work. During said warranty period, the permittee shall be responsible for any deficiencies of said improvements. If upon notice of any failure the permittee does not within thirty days commence repairs, the city may call upon the posted security to make any and all required repairs to said improvements. In the event the actual cost of repairs exceed the amount of security available, the permittee will be responsible for the outstanding balance. (Ord. 2786 §2, 1996)
12.10.040 Design and development standards.
The design and construction of streets, alleys and other improvements shall comply with the provisions of Municipal Code Chapter 17.28, the city’s standard specifications and drawings, and this title. Design and construction of public utilities shall comply with all applicable state statutes and the city’s standard specifications and drawings. (Ord. 2786 §2, 1996)