12-4-3: STREET IMPROVEMENTS REQUIRED:
   A.   Improvements Required. When a proposed plat abuts one side of an existing substandard street, or a future street designated on the major street and highway plan, the subdivider or developer is required to:
      1.   Dedicate adequate rights-of-way.
      2.   Improve streets, including appurtenant sidewalks, paths, bikeways, barrier-free ramps, stormwater drainage facilities, median openings, and left turn lanes, and ensure water quality by providing temporary (during construction) and permanent erosion control improvements and utilities to the City Engineering Design Criteria, and the criteria of the affected utility provider.
      3.   Construct or replace the street and appurtenant improvements to City Engineering Design Criteria, at no expense to the City.
   B.   Calculation of Cost.
      1.   The subdivider share for physical improvements to a substandard boundary street or a proposed street designated on the major street and highway plan is one-half of the pavement and right-of-way width of the street. The substandard street shall be designed in accordance with the City Engineering Design Criteria and the major street and highway plan requirements for the length of frontage adjoining the subdivision or development.
      2.   The subdivider share for physical improvements to a substandard street or a proposed street designated on the major street and highway plan, where a subdivision or development will be on each side of a substandard or a future street, is the full pavement and right-of-way width. The street shall be designed in accordance with the City Engineering Design Criteria where each side of the street adjoins both sides of the subdivision or development.
      3.   The City may elect to participate in the cost of improving the substandard perimeter street or proposed street in excess of the developer’s fair share obligations where such costs are not borne by another public entity, and in cases where the application of the standards of this Subchapter may result in a disproportional burden on the subdivision or development, as determined by the City Engineer and approved by the City Council.
      4.   The City Council may defer the initiation of required improvements, as set out in Section 12-4-2, Subsection D.2, Deferral of Obligations.
   C.   Improvements to Substandard Streets.
      1.   All substandard streets that border a subdivision or development shall be improved, or provisions shall be established for their eventual improvement to City standards.
      2.   If a subdivider or developer elects to widen the pavement of an existing street, the existing pavement shall be cut back a distance required by the City Engineer to assure adequate sub-base and pavement joint before additional paving material is installed.
      3.   If a subdivider or developer elects to improve the pavement of an existing street to meet current standards, the subdivider or developer shall be required to submit construction plans for such improvements and provide evidence as deemed to be sufficient by the City Engineer to demonstrate that the street meets City standards, before the City will consider accepting the improvements.
      4.   When a proposed subdivision or development abuts both sides of an existing substandard street, or a future street designated on the major street and highway plan, the subdivider or developer is required to complete all of the requirements listed above for each side of the street.
   D.   Existing Boundary Street Minimum Requirements. For existing boundary streets, regardless of their existing condition, the following minimum standards shall apply:
      1.   The subdivider or developer shall dedicate additional rights-of-way as necessary to complete the desired border street width from the desired street centerline to the final edge of right-of-way. Dedication of more than half this additional increment may be required, in some instances, to maximize use of the existing roadway or to ensure a consistent street alignment with a minimum of undesirable curvature.
      2.   If a subdivision or development includes no more than four lots, the subdivider or developer is only required to dedicate an amount of right-of-way necessary to improve the border street to City standards, but is not required to improve the street. (Ord. 747, 11-14-2017)