(A) Upon recommendation of the City Engineer and/or Director of Public Works, the city may waive the requirement for curb and gutter on new construction or deny request for curb and gutter in the following instances:
(1) Where the construction of curb and gutter will have an adverse impact on the natural flow of storm water runoff in the immediate area;
(2) Where curb and gutter to be constructed will not connect at either of its ends to existing curb and gutter which conforms to grade and location requirements concurrent with the city’s standard street design;
(3) On streets designated as federal or state highways within the city where the construction of curb and gutter is not practicable nor feasible for reasons stated herein or otherwise;
(4) Where the installation of curb and gutter would require street reconstruction not included in current street improvement program or where alternate funding is not available.
(B) In such instances involving new construction, the City Engineer and/or Director of Public Works shall notify the Building Official who shall note his or her decision on the application for building permit.
(C) Any curb or gutter constructed without prior approval by the City Engineer and/or Director of Public Works may be subject to removal at the owner’s expense and will not be recognized as existing curb and gutter with regard to the city’s street improvement assessment policy.
(`87 Code, § 20-55) (Am. Ord. 1990-3, passed 2-6-90; Am. Ord. 1993-20, passed 12-7-93)