A. If the director of the department of planning and community development, the director of public works, the planning commission, or the city council finds that the development of the property subject to site plan and design review will increase vehicular traffic in that area, the director of planning and community development, the director of public works, the planning commission, or the city council may require as a condition to the approval of a site plan that an applicant provide the following street dedications and improvements reasonably in proportion to increased vehicular traffic which the director of the department of planning and community development, the director of public works, planning commission, or the city council determines is caused by development on the subject property:
1. When the development borders or is traversed by an existing street, the following may be required:
a. Minor Streets, Local Streets, and Cul-de-sacs. Dedication of all necessary rights-of-way to widen the street to its ultimate width determined by the city in accordance with city ordinances and regulations; installation of curbs, gutters, sewers, drainage, street lighting, street trees, sidewalks, street signs, water mains, driveway approaches and required utilities; and grading and improving from curb to existing pavement;
b. Major Streets and State Highways. The setback of all facilities to required distances from the property line ultimately established following completion of street improvements, as shown on the general plan; installation of curbs, gutters, sewers, drainage, street lighting, sidewalks, street trees, street signs, water mains, driveway approaches and required utilities; and grading and improving the roadway for a distance of eighteen feet from the curb.
2. When the development does not border or is not traversed by an existing street, frontage roads or new roads of any class determined by the director of the department of planning and community development, the director of public works, the planning commission, or the city council to be necessary due to the development shall be dedicated to the city. Such streets or roads shall be fully graded and improved with curbs, gutters, sewers, drainage; sidewalks, street trees, street signs, street lighting, water mains, driveway approaches, required utilities, and grading and paving; provided, that where the street or road is indicated as an eventual major street on the general plan, the amount of grading and paving required shall not exceed that required for such existing streets under subsection (A)(1)(a) of this section.
B. All improvements shall be made in accordance with Chapter 12.04 of this code. If the city determines that it is impractical to require installation of required improvements at the time of the development of the subject property, the applicant shall enter into a written agreement to make such improvements in the future. In the event that such an agreement is required, the applicant shall, at the time of entering into the agreement, deposit with the city funds in an amount equal to the estimated costs of the improvement, as determined by the city, or the applicant shall post with the city a performance bond to guarantee the completion of such improvements in the future. In any event, the applicant shall be required to install such improvements upon written demand therefor by the city.
(Ord. 91-09-1112 (part): Ord. 90-05-1067 § 1 (part))