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Article VI. Improvements
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Streets, street lights, sidewalks, and transit improvements within or adjacent to a development shall be improved in accordance with this chapter. The cost of the improvements shall be the responsibility of the developer.

(1) Existing Streets. Whenever existing rights-of-way adjacent to or within a parcel are of less than the minimum width, additional right-of-way shall be provided at the time of subdivision or development.

(2) New Streets. New streets and drives shall be constructed and improved to standards established by the city engineer.

(3) New Public Streets. New public streets shall be subject to acceptance by the city council.

(4) New Private Streets. New private streets may be created only when the city finds that the private street will not be needed for proper development of the surrounding area.

(5) Half Streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the planning commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. A stub street may be required to preserve the objectives of half streets.

(6) Future Guarantees. The city may accept a future improvement guarantee (e.g., owner agrees not to remonstrate (object) against the formation of a local improvement district in the future) in lieu of street improvements if one or more of the following conditions exist:

(a) A partial improvement may create a potential safety hazard to motorists or pedestrians;

(b) Due to the developed condition of adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide increased street safety or capacity, or improved pedestrian circulation;

(c) The improvement would be in conflict with an adopted capital improvement plan; or

(d) The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets.

(7) Fee in Lieu. In lieu of the street improvement requirements outlined under this section, the review authority may elect to accept from the applicant monies to be placed in a fund dedicated to the future reconstruction of the subject street(s). The amount of monies deposited with the city shall be at least 100 percent of the estimated cost of the required street improvements (including associated storm drainage improvements), and may include more than 100 percent of the cost as required for inflation. Cost estimates shall be based from a preliminary design of the reconstructed street provided by the applicant’s engineer and shall be approved by the city engineer. If the review authority elects to accept these monies in lieu of the street improvements, the applicant shall also record against all lots or parcels a construction deferral agreement and waiver of rights to remonstrance for street and storm drainage improvements approved by the city attorney. The agreement should be worded such that the subject properties are responsible for paying the full cost of required street improvements along their unimproved street frontages; where the subject properties are located adjacent to a collector or arterial street, local street standards will apply for purposes of determining the street improvement value. The agreement shall also state that the city has the right to collect money owed for the actual construction costs, if actual costs exceed the amount deposited, and that the city will reimburse the property owner(s) if the actual costs are less than anticipated. A separate “waiver of rights to remonstrance” may be required for the future improvement of other public utilities.

(8) Street Lights. Street lights shall be installed in accordance with city standards. At minimum, street lights shall be installed: (a) at one corner at street intersections and along one side of the street right-of-way with a spacing not to exceed 250 feet, or (b) at one corner at street intersections and install low profile pedestrian lights adjacent to the sidewalk at the driveway for each lot. Pedestrian lights shall be connected to electrical power through the adjacent residence and the land owner shall be responsible for repair, maintenance and replacement of the light and fixture.

(9) Sidewalks and Planter Strips. Sidewalks shall be installed along both sides of streets in accordance with city standards. Sidewalks shall be installed at the time the adjoining property is developed. Sidewalk widths shall comply with NBCC 10.12.130, Table 1. Variations to width and/or location requirements may be reviewed subject to NBCC 10.12.170, Exceptions in case of large-scale development, or NBCC 10.12.180, Variance application. Maintenance of sidewalks, curbs, and planter strips shall be the continuing obligation of the adjacent property owner.

(10) Transit Improvements. Retail, office, and institutional developments that are proposed on the same site as, or adjacent to, an existing or planned transit stop (as designated in a transportation or transit plan adopted by the city or Coos County Area Transit) shall provide the following transit access and supportive improvements in coordination with the transit service provider:

(a) Reasonably direct pedestrian connections between the transit stop and primary entrances of the buildings on site, consistent with the definition of “reasonably direct” in NBCC 10.12.140(2)(a).

(b) The primary entrance of the building closest to the street where the transit stop is located shall be oriented to that street.

(c) A transit passenger landing pad that is ADA accessible.

(d) An easement or dedication for a passenger shelter or bench if such an improvement is identified in an adopted transportation or transit plan.

(e) Lighting at the transit stop.

(f) Other improvements identified in an adopted transportation or transit plan. (Ord. 2048 § 6, 2021; Ord. 1919 § 15, 2004)