(A) Applicability. The provisions of this section are applicable in all zones of the city without exception or limitation.
(B) Intent. The intent of this section is to provide a uniform procedure for the installation of improvements in the city, to impose reasonable property development requirements as a condition of the approval or issuance of any occupancy permit, building permit, use permit, variance or rezoning, and to require orderly development and improvement of property consistent with public health and safety for the good of the general public.
(C) When improvements are required.
1. Except as provided in subsection (E) of this section, no occupancy permit, building permit, use permit, variance or rezoning shall be issued or approved unless the applicant’s plans approved by the city include provisions for the construction of curb, gutter, sidewalk, surface drainage improvements or any other public improvements required for the property by any other ordinance.
2. No occupancy permit for any building shall be approved unless the required public improvements have been installed and approved by the city. Standards for new street development can be altered or refined through the specific plan or planned unit development process when it can be demonstrated that the projected traffic flows can be accommodated.
(D) Street development agreement. If the Planning Department determines that the applicant does not have to construct the required street improvements on or about the time the permit, variance or rezoning is issued or approved, then the applicant shall sign a recordable street improvement agreement which will provide that the applicant agrees to construct the improvements when required by the city and that if applicant fails to construct the improvements when required the city shall have the right to have those improvements constructed at applicant’s expense and to have those costs become a lien upon applicant’s property, added to the next tax bill, and collected in the same manner as real property taxes on the property are collected.
(E) Exceptions.
1. This section shall not apply to occupancy permits and building permits where the owner and/or tenant of the property intends to have construction work performed to the property and where:
(a) The cost of such construction work (labor and materials included) is considered normal by the city;
(b) The construction work involves only ordinary repairs and maintenance (including the repair or replacement of nonbearing walls, fixtures, wiring or plumbing) provided that the cost of all such repairs (labor and materials included) do not exceed 10% of the then current replacement cost of the structure and provided that the existing square footage or height of the structure shall not be increased; or
(c) Energy conservation improvements.
2. For purposes of this section, the cost of the construction of motor vehicle parking lots shall be included in the cost calculation of subsection (E)1. of this section.
(F) Appeal. Any applicant for any permit, variance, rezoning or building permit who is dissatisfied by the application of this section shall have the right to appeal to the City Council provided notice of appeal is filed within ten days of the decision of the Planning Commission.
(G) Effective date. This section shall be and is hereby declared to be in full force and effect from and after 30 days after the date of passage and adoption and shall be published by one insertion in the Livingston Chronicle, a newspaper of general circulation in the city within 15 days from and after its final passage.
(Ord. 533, passed 8-16-2005; Ord. 610, passed 2-18-2014)