(A) Any applicant for a building permit may apply to the city requesting that the City Council grant either a waiver exempting the applicant’s property from street, curb, sidewalk, and/or storm drainage system improvement requirements or defer the construction of required improvements for a period of time exceeding four months.
(B) The Council finds that the following items do not normally constitute unusual circumstances which warrant granting of a deferral or waiver of street, curb, sidewalk, or storm drainage system improvement requirements:
(1) Financial hardship of the applicant;
(2) Lack of sidewalks, curbs, streets, or storm drainage system on adjacent properties; and
(3) Cost.
(C) Upon review of a written request the Council may either deny the request or grant a waiver or deferral of any or all of the required improvements if it finds that:
(1) Street widening is planned within five years and the exact width of the future street has not yet been determined;
(2) Physical obstructions including steep banks or drainage channels exist on the site which would require extensive public or private improvements in addition to the street, curb, sidewalk, or storm drainage system;
(3) Public improvement projects are planned in the next five years which would require the city to remove the street, curb, sidewalk, or storm drainage system improvements;
(4) The Council determines the improvements are not needed; and
(5) Unusual circumstances or peculiarities of the site exist which, in the opinion of the Council, warrant a deferral of required street, curb, sidewalk, and/or storm drainage system improvements.
(D) (1) If the Council grants a deferral of the street, curb, sidewalk, or storm drainage system improvement, the applicant shall execute and file an agreement between himself or herself and the city which includes the following:
(a) Specifying the improvements that have been deferred;
(b) Specifying the period of time within which the required improvements will be installed; and
(c) Stating the agreement is terminated upon installation of all required curb, sidewalk, street, and storm drainage system improvements.
(2) Upon execution of the agreement by both parties, the owner may be issued a building permit.
(E) Extension of any deferment agreement may be allowed for good cause with the approval of the Council.
(Ord. 350, passed 4-13-1992)