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PARTIAL REFUND OF THE OWNER’S OBLIGATION AND THE RETURN OF CASH SURETY IN THE AMOUNT OF $33,487.98 FOR DEFERRED CONSTRUCTION OF PAVING IMPROVEMENTS IN CONNECTION WITH EASTRIDGE ADDITION, SECTION 17.
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BACKGROUND: City Subdivision Regulations require a land developer to bear the cost of street improvements that primarily benefit the developed tract [19-101(D)]. Street improvements are normally required to be accomplished prior to filing a final plat [19-313]. City Code prohibits the issuance of a building permit in a new development until the public improvements have been accomplished [19-501(B); 19-504]. However, under City policy, in certain circumstances, a building permit may be issued before completion of required street improvements by collecting the cost of the improvement (“deferral fees”), and then deferring the construction of the improvement to a more appropriate date.
Deferral fees are commonly collected by the City for widening of arterial roads to avoid “gap paving”. The term “gap paving” refers to the widening of an arterial road typically from two lanes to four lanes one subdivision at a time. Because land is sometimes subdivided by developers randomly along an arterial roadway, gaps in the road widening can occur. Gap paving also leads to inconsistent pavement cross sections and under-designed storm drainage systems. For these reasons, city staff encourages the deferral of road widening adjacent to new subdivisions in an effort to aggregate the local funds necessary to widen longer sections of arterial roads at one time. Another advantage of deferral fees is that they can be used to provide the local match for 80/20 grants of federal transportation funds. Securing additional federal transportation funds for a project reduces the share of required local funding that often results in a refund of a portion of developer deferral fees.
The City’s policy regarding deferral fees is contained in Chapter 19, Section 19-602B of...
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