HomeMy WebLinkAbout~Master - Establishing requirements for infrastructure installation ORDINANCE NO. 4225
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW DIVISION VI SECTION
22.31 THEREOF, FOR THE PURPOSE OF ESTABLISHING
REQUIREMENTS FOR INFRASTRUCTURE INSTALLATION;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa, shall be and the same is hereby amended by
enacting a new Division VI, Section 22.31 as follows:
"Division VI,Section 22.31 Infrastructure Required
1. If infrastructure required under Section 5.118 is not present or is not in a satisfactory condition, as
determined by the Public Works Director or designee,the developer shall install said infrastructure and/or dedicate
said rights-of-way prior to issuance of a building permit.Alternatively,the developer may submit financial security
and an improvement agreement to be approved by the Public Works Director or designee and City Clerk, in which
case the building permit may be issued.No final certificate of occupancy of any structure shall occur until the public
improvements have been installed, inspected, and accepted by the City and/or rights-of-way have been dedicated.
2. If a sidewalk in satisfactory condition does not meet the current width requirements, it does not have to be
replaced. If City plans indicate that a shared use path is required, the sidewalk shall be replaced with a shared use
path.
3. In addition to the above requirements, these specific exceptions apply to sidewalk and shared use paths for
projects in industrial zones:
a. In areas zoned industrial on both sides of the street, a sidewalk or shared use path shall be installed
consistent with an approved sidewalk installation agreement.
b. In areas zoned industrial on both sides of the street and where there is no sidewalk installation agreement,a
sidewalk or shared use path shall be installed if an adjacent lot has an existing sidewalk or shared use path.
c. In areas zoned industrial on both sides of the street and where there is no sidewalk installation agreement
and where the adjacent lots have no sidewalk or shared use path, a sidewalk or shared use path shall be
installed on the north side of east/west streets or the east side of north/south streets. If conditions exist that
would impact the placement of a sidewalk or shared use path, such as topography,width of right-of-way,or
proposed future road improvements, the Public Works Director or designee may approve an alternative
location.
d. In areas zoned industrial and the other side of the street is zoned other than industrial, a sidewalk or shared
use path shall be installed whether or not the non-industrial zoned side has a sidewalk or shared use path.
4. If it can be demonstrated to the satisfaction of the Public Works Director or designee that there is
significant hardship for the installation of required infrastructure, the Public Works Director or designee may
approve an alternative improvement schedule.
a. Significant hardship is presumptively demonstrated when the construction costs for the required
infrastructure equal or exceed 20 percent of the permit valuation.
b. In the event that significant hardship is determined, improvements shall still be required and will be based
on the stated preference for installation, provided that the construction costs do not equal or exceed 20 percent
of the permit valuation. Once the 20 percent threshold is reached,any additional required infrastructure may be
waived by the Public Works Director or designee.
c. Preference for improvements are generally in ordered listed below.
i. Dedication of needed rights-of-way or easements.
ii. Shared-use paths.
iii. Sidewalks.
iv. Street lights.
V. Street paving.
d. The determination of preferred infrastructure and the design and construction is at the discretion of the
Public Works Director or designee. All improvements must meet SUDAS requirements as referenced in
Chapter 23.
e. Significant hardship can be demonstrated only for additions or substantial improvements to existing
principle buildings. The cost of site work and building permit valuation shall be considered in review of hardships
for building additions.New principle buildings shall meet all installation requirements.
5. Definitions: For purposes of this section,the following definitions shall be used.
a. Satisfactory condition means in a state of good repair meeting the adopted standards of the City, such as
Statewide Urban Design and Specifications(SUDAS).
b. Substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a
principle building,the cost of which has a value of$100,000 or more. The term does not,however, include
any project for improvement of a building required to correct existing health, sanitary, or safety code
violations identified by the Building Official and that are the minimum necessary to assure a safe living
condition. The term also does not include improvements to the site or to an accessory structure."
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 11t'day of August,2015.
Diane R. Voss, City Clerk A n H. Campbell,Mayor