It is the intent of this chapter not to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers pursuant to the Subdivision Map Act and ordinances enacted pursuant thereto or on matters processed by the Board of Zoning Adjustment.

(§ 8400-9, S.V.M.C.)

For the purposes of this chapter, property shall be considered to be in an urban area where:

A.

A substantial number of parcels of improved real property within 3,000 feet of the property and abutting upon the same street already have curbs, sidewalks, or gutters. For the purposes of this subsection, twenty-five (25%) percent or more shall be considered a substantial number; or

B.

Where it is reasonably contemplated that in the area of which the particular piece of property is a part, within five (5) years from the date of the application for the building permit it will become customary or necessary for the public welfare and safety to have sidewalks, curbs, and gutters.

The Council may, from time to time by resolution, declare which areas of the City are urban areas within the standards set forth in this section. The provisions of Sections 9-5.01 through 9-5.10, and 9-5.12 of this chapter shall, ten (10) days after such declaration, apply to such urban areas.

(§ 8400-2, S.V.M.C.)

Except as otherwise provided in this chapter, every owner, lessee, or other person constructing or substantially modifying, or causing to be constructed or substantially modified, any building, structure, or off-street parking facility in the City in any area designated by resolution of the Council to be an urban area, as set forth in Section 9-5.02 of this chapter, shall also provide for the construction of curbs, gutters, sidewalks, drainage facilities, and street paving. Such improvements shall be made, in accordance with City standard specifications and design, for all public street frontage adjoining the property upon which the construction is to be done, unless curbs, gutters, sidewalks, and paving, constructed and located in accordance with the City standards and design, already exist.

For the purposes of this section, a modification shall be considered substantial where the total cost of such modification is in excess of Three Thousand and no/100ths ($3,000.00) Dollars as established by the Building Director for building permit fee purposes.

(§§ 8400, 8400-1, and 8400-1.2, S.V.M.C.)

For residential dwellings containing three (3) or fewer units, the provisions of Section 9-5.03 of this chapter shall apply to new construction only and shall not apply to modifications of any kind.

(§ 8400-1.1, S.V.M.C.)

Any required street or road improvement plans shall be referred to the Building Director for approval. Such plans shall be accompanied by an estimate of the cost of construction to be used as a basis for the amount of improvement security for an agreement to construct, or to be used as a basis for the amount of a cash deposit in lieu of construction. Approval of the plans shall also be subject to the plan checking, permit, and inspection fees imposed by the Department of Public Services.

(§ 8400-1.3, S.V.M.C.)

Any encroachment within the City right-of-way shall be handled in accordance with the provisions of Chapter 1 of Title 7 of this Code.

(§ 8400-1.4, S.V.M.C.)

Upon the written request of any person who must conform with the requirements of Section 9-5.03 of this chapter, and within ninety (90) days after such request, the Building Director shall establish a street line and grade for the public street frontage adjacent to the property upon which the construction is to take place.

(§ 8400-3, S.V.M.C.)

In lieu of the construction of the required curbs, gutters, sidewalks, drainage facilities, and street paving, the owner, lessee, or other person shall, if the Building Director finds that deferring such improvement is in the public interest, post with the City a sufficient bond, cash deposit, or other security, approved as to amount and form by the Building Director, to guarantee the installation of such improvements within such period as the Building Director shall specify. If the amount required is less than Five Hundred and no/100ths ($500.00) Dollars, a cash deposit shall be made.

(§ 8400-4, S.V.M.C.)

Upon the application of any interested person, the Building Director may waive the construction of the sidewalks, curbs, gutters, drainage facilities, and street paving required by the provisions of this chapter where the public health, safety, and welfare will not be adversely affected, taking into consideration the contour of the ground, the relation of the adjacent property to the street elevation, the use made of the property in the area, and the convenience of the public.

(§ 8400-5, S.V.M.C.)

The Building Director shall not conduct a final inspection of any building, structure, or other facility, and shall withhold the approval of public utility connections thereto, unless the curbs, gutters, sidewalks, drainage facilities, and street paving required by the provisions of this chapter have been completed, or, when permitted, a bond, cash deposit, or other security to guarantee such construction has been posted with the City and approved by the Building Director, unless such requirements have been waived in accordance with the provisions of Section 9-5.09 of this chapter.

(§ 8400-6, S.V.M.C.)

Prior to the issuance of any building permit or other permit for the improvement or use of property adjoining a public street, where it is reasonably contemplated by the Building Director that the proposed improvement or use of the property will cause an increase in vehicular or pedestrian traffic so as to make necessary a widening of the existing City right-of-way for the protection of the public safety and welfare, there shall be dedicated to the City that part of such property sufficient to bring such public street to the width line established therefor. In the event existing buildings or other structures are located within the right-of-way to be dedicated, the City shall compensate the owner for the costs of removing and relocating the improvements or structures to the remaining property or may permit such encroachments to remain.

(§ 8400-7, S.V.M.C.)

Interested persons shall have the right to appeal to the Council in accordance with the provisions of Chapter 4 of Title 1 of this Code from determinations made by the Building Director pursuant to the provisions of this chapter.

(§ 8400-8, S.V.M.C.)