Chapter 11.08
CONSTRUCTION REQUIREMENTS
Sections:
11.08.010 Replacement of street excavations—Approval.
11.08.020 Cost of public work charged to developer.
11.08.040 Curbs and gutters required.
11.08.050 Street drains required.
11.08.060 Dimensions of streets and types of material.
11.08.070 Acceptance of street by City—Requirements.
11.08.080 Exceptions to requirements of chapter.
11.08.010 Replacement of street excavations—Approval.
No person shall leave any excavation in any public street, avenue or other public place without first having received the approval of the City Administrator or his or her designee, indicating that the repairs or replacement of the excavation has been performed in accordance with the minimum specifications and standards as set forth in this Code. A violation of this section is a Class B offense. (Prior code § 11-7)
11.08.020 Cost of public work charged to developer.
The entire cost, or any part thereof as may be determined by the Council of any public work required to be performed under this chapter, shall be performed at the cost of the subdivider, developer or other individual responsible for the work (the “applicant”). The applicant may also be required to provide a survey, engineered drawings and other plans and supporting documents. (Prior code § 11-8)
11.08.030 Street grades.
All streets or roads shall be graded in accordance with the approved profile and to the full width of the right-of-way or as specified by the City Administrator or his or her designee. A violation of this section is a Class B offense. (Prior code § 11-9)
11.08.040 Curbs and gutters required.
Curbs and gutters shall be constructed on each side of the street surface unless a waiver is granted by the City Council in accordance with the provisions outlined in Section 11.08.080. Construction shall be done in accordance with plans and specifications approved by the City Administrator or his or her designee. A violation of this section is a Class B offense. (Prior code § 11-10)
11.08.050 Street drains required.
The applicant shall install all necessary storm drainage pipes, culverts, valley gutters or catch basins requisite to provide adequate storm drainage along or across all streets or roads where natural drainage is affected or where, due to the proposed road, street or highway construction, the absence of the drainage structures would result in the obstruction of a natural drain. All storm drainage structures shall be constructed in accordance with plans and specifications approved by the City Administrator or his or her designee. A violation of this section is a Class B offense. (Prior code § 11-11)
11.08.060 Dimensions of streets and types of material.
A. Paving or surfacing of roads, streets and highways shall have a minimum width of 26' between inside faces of curbs, unless this minimum width is waived by the City Council in accordance with the provisions outlined in Section 11.08.080, and shall conform to the approved cross section and specifications shown on a drawing issued by the City Administrator or his or her designee. The paving or surfacing shall conform as a minimum to any of the following types unless a waiver is granted by the City Council in accordance with the provisions outlined in Section 11.08.080:
1. Asphaltic Concrete Base—Asphaltic Plant Mix Wearing Surface. This pavement shall consist of an asphaltic concrete base course having a minimum finished, compacted thickness of 4" and a wearing surface of 2" compacted thickness of an approved asphaltic plant mix, all of the materials to conform to and the pavement to be constructed in accordance with specifications of the City Administrator or his or her designee.
2. Asphalt Penetration Macadam. This pavement shall consist of crushed stone penetrated with a bituminous binder, and having a minimum finished, compacted thickness of 6", constructed in 2 courses, in accordance with the specifications of the City Administrator or his or her designee.
3. Gravel Base—Asphaltic Plant Mix Wearing Surface. This pavement shall consist of approved bank gravel having a minimum finished, compacted thickness of 8" and a wearing surface of 2" finished, compacted thickness of an approved asphaltic plant mix, all of the materials to conform to and the pavement to be constructed in accordance with specifications of the City Administrator or his or her designee.
B. A violation of this section is a Class B offense. (Prior code § 11-12)
11.08.070 Acceptance of street by City—Requirements.
Any highway, road, street or alley in the City shall be accepted for maintenance by the City upon action of the Council after certification in writing by the City Administrator or his or her designee that:
A. The highway, road, street or alley has been completed and constructed in accordance with the plan approved by him or her; and
B. That there has been full compliance with all of the rules and regulations set forth in this Code. (Prior code § 11-13)
11.08.080 Exceptions to requirements of chapter.
A. None of the rules and regulations contained in this chapter shall apply to any private road or to any portion of a private automobile driveway located wholly on private property and outside of a public right-of-way.
B. The City Council may, at its discretion, grant a waiver to the curb and gutter requirements in Section 11.08.040 and/or the minimum width, paving or surfacing requirements in Section 11.08.060. The Council may also, at its discretion, grant a waiver to allow a private road or a private automobile driveway on or partly on a public right-of-way if the affected property owners sign a covenant with the City, which shall run with the land and be recorded in the land records, agreeing to maintain the road or driveway. In order for the Council to do any of the above, the following requirements shall be met:
1. The applicant shall submit 6 copies of a road improvement plan, survey and statement of justification for the need to vary from the minimum road improvement standards to the City Administrator or his or her designee. The applicant shall also pay a fee of $50.00 to the Treasurer. The applicant’s statement of justification shall show the following:
a. That compelling reasons exist for varying the minimum standards. These reasons may include environmental constraints, tree preservation, lack of need for a full street due to small number of lots served or other unusual or unique conditions affecting the site;
b. That the degree of variation from the standards is the minimum necessary;
c. That the minimum standards may be waived without endangering public health, safety and welfare and that the proposed roadway can accommodate necessary emergency vehicles;
d. That the use of an alternate road improvement standard (such as an alley standard) has been considered and proposed, if appropriate.
2. The City must hold a hearing within 90 days of receiving a completed request for a waiver of the minimum road improvement standards. The City must give notice of the hearing to the public at least 14 days in advance by:
a. Sending a written notice to every person who owns or lives on property that shares a common boundary with the right-of-way in question or is located between the right-of-way and the nearest intersecting streets;
b. Publishing a notice in the City newspaper of record;
c. Posting a notice at the right-of-way.
3. If the Council determines that an emergency exists, it may hold a hearing without giving notice 14 days in advance. However, it must give as much notice as practical, and it must leave the record of the hearing open for written submissions until a decision is made.
4. If a person fails to receive notice of the hearing under this section, the City’s action is still valid unless there are other defects in the proceeding.
5. After holding the public hearing, the City Council must make the following findings in order to approve the applicant’s road improvement plan, and before the applicant may receive a construction permit under Chapter 11.12, Permits and Improvements:
a. That compelling reasons exist for varying the minimum standards. These reasons may include environmental constraints, tree preservation, lack of need for a full street due to small number of lots served or other unusual or unique conditions affecting the site;
b. That a waiver of the minimum standards is justified;
c. That the minimum standards may be waived without endangering public health, safety and welfare and that the proposed roadway can accommodate necessary emergency vehicles;
d. That the degree of variation from the standards is the minimum necessary and that the use of an alternate road improvement standard (such as an alley standard) has been considered. (Prior code § 11-14)