Title 18 - Unified Development Ordinance
18.400 Right-of-way and Easement Exaction Process
18.400.030 Developer's Obligation.
- A.A developer shall dedicate rights-of-way and temporary construction easements for abutting Thoroughfares at the time of the first Development Approval for which application is made after the effective date of this Chapter in accordance with the provisions set forth herein; provided, however, that an applicant for plat approval need not dedicate required rights-of-way and temporary construction easements until the time of final plat approval. No Development Approval shall be given unless necessary rights-of-way and temporary construction easements have been dedicated or deferred in accordance with this Chapter.
- B.Where a series of Development Approvals are required for a development project, the developer may petition the City to defer the obligation to dedicate one or more Thoroughfare rights-of-way and temporary construction easements at the time of granting of a subsequent Development Approval. As a condition of deferring the obligation to dedicate Thoroughfare rights-of-way and temporary construction easements, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute an agreement specifying the amount and timing of the right-of-way and temporary construction easement dedication.
- C.In the case of an Integrated Development Project, the developer may petition the City to defer the obligation to dedicate one or more Thoroughfare rights-of-way and temporary construction easements at the time of the granting of a Development Approval for a subsequent phase. As a condition of deferring the obligation to dedicate Thoroughfare rights-of-way and temporary construction easements, which deferral shall be in the sole discretion of the City, the City shall require the developer to execute an agreement specifying the amount and timing of the right-of-way and temporary construction easement dedication.
(History: Ord. ZRR-2482 §1, 2004; ZRR-2015 §3, 97)
Effective on: 1/1/1901