A. Hereafter, when building structures are constructed on, or moved to, or alteration is made to any building on, lots within the city where there are no curbs, the persons constructing or causing to be constructed on, or moving, or causing to be moved such structures to, or altering or causing alterations to be made to existing structures on such lots shall, during the construction, moving, or alteration construct street curbs and install asphalt paving between the newly installed curb line and the existing street paving resulting in no pervious interstices. If the street grade is less than thirty one-hundredths of one percent (0.30%), curbs and gutters shall be constructed, except in areas where in the judgment of the city engineer they are not practicable because of construction problems. Such curbing, curbs and gutters, and asphalt shall be constructed and installed along the front of the lot. If such lot is a corner lot, or has double frontage, such curbing, or curbs and gutters, shall be constructed along the front of the lot and extended along a radius to the side street and installed along the side street to the rear lot line. In addition, when curbing is required, corner lots shall be required to install curb ramps complying with city standards and ADA guidelines, when there is existing sidewalk or when sidewalk will be installed with the project. Curbs, curbs and gutters, and asphalt shall be constructed to conform to the plans and specifications on file in the office of the city engineer. No curbing, curbs and gutters, curb cuts in existing curbing, or asphalt shall be constructed without a permit issued by the office of the city engineer and all such work shall be inspected by the city engineer, or his duly authorized agent. Such construction shall conform to the grades established by the city engineer.
B. In the event the building structure is a portable classroom which meets the parking requirements of subsections 17.44.050D4 and D5 of this code and other requirements of section 17.44.050 of this code, curbs and asphalt installation shall not be required until a permanent structure(s) is built thereon.
C. In the case of streets under the jurisdiction of the city and designated as urban principal arterials, urban minor arterials, and urban collector streets pursuant to the Coeur d'Alene comprehensive transportation plan as adopted by ordinance 2242, and as may hereafter be amended, curbs and asphalt paving shall not be required if the city council has prioritized said streets anticipating improvement by local improvement districts or otherwise within five (5) years from the date curbs and asphalt paving would be required under subsection A of this section and if the conditions in subsection C1 of this section are met.
1. In the event said street is so designated, an owner of real property abutting said street, who pursuant to subsection A of this section would be required to provide curbing and asphalt paving, shall enter into an agreement in a form acceptable to the city. The agreement shall provide that in the event the city does not proceed with such improvement for said street within five (5) years from the date curbs and asphalt paving are required, the owner will immediately install curbs and asphalt paving as are then required by law or the city may install the required curbs and asphalt paving at the owner's expense which the owner shall agree will become a lien on the subject property.
D. Curbs and asphalt paving shall not be required for frontages of a development along undeveloped and unused street rights of way when the undeveloped public right of way is not needed for ingress or egress to the proposed development.
E. In the event of alteration or modification of an existing structure which would require curbing and asphalt paving exceeding five hundred feet (500'), the city may enter into an agreement with the property owner to construct the remaining required curb and asphalt paving within a period of time not to exceed five (5) years.
F. Curbing and asphalt paving, if otherwise required by this section, may be deferred if it is determined by the city council that curb and asphalt paving construction would cause a safety hazard, maintenance problem, or drainage hazard in an area where the city does not anticipate further development except by local improvement district, or where physical constraints are present which preclude the construction of such improvements in a reasonable manner. When curbing and asphalt paving are deferred, the owner shall enter into an agreement with the city for the installation of such improvements at a future time. Such an agreement shall provide for at least the following:
1. Construction of said improvements shall commence within ninety (90) days of receipt of a notice to proceed from the city.
2. That in the event of default by the owner, the city is authorized to cause the improvements to be installed and charge the entire cost and expense to the owner.
3. That the agreement be recorded with the county recorder at the expense of the owner, and shall bind all successors and assigns and constitute a lien on the property.
4. That the owner, his successors or assigns, agree not to object, by signing a petition, or not to protest the formation of a local improvement district by resolution method.
a. The agreement shall not relieve the owner from any other lawful requirements. The improvements shall conform to the applicable codes in effect at the time of construction.
b. Deferred curbing and asphalt paving improvement agreements shall be effective for ten (10) years from the date of recordation.
c. Deferred curbing and asphalt paving improvement agreements shall be approved by the city council in a manner determined by the council.
G. No curbing is required when:
1. The building permit is for an amount less than thirty thousand dollars ($30,000.00), or the value of a structure moved onto the lot together with the amount for which the building permit is issued is less than thirty thousand dollars ($30,000.00); however, if a footing and foundation only building permit is issued, and a subsequent building permit is issued for the structure that is to be placed on top of that same foundation, and the combined valuation of both permits exceeds thirty thousand dollars ($30,000.00), then for the purposes of this section both permits shall be considered as one permit and curbs and asphalt paving shall be required, subject to any exceptions further defined herein.
2. In a previously developed residential neighborhood on residential streets when:
a. All of the lots on one side of the street have been previously built upon in accordance with city codes without curbs; and
b. Said lot frontages without curbs extend a maximum of four hundred fifty feet (450') in either direction or to the nearest intersection whichever is less.
A neighborhood for purposes of all parts of this section shall be defined within the limits delineated in subsections G2a and G2b of this section.
In the event a local improvement district is created in the neighborhood, this section shall no longer apply. (Ord. 3370 §1, 2009)