§ 26-13.1. Postponement of street improvements.

Notwithstanding the provisions of Section 26-12 or Section 26-12.1, street improvement requirements may be postponed at the discretion of the Board of Supervisors or the Director of Public Works under the following criteria:

(1)

Deposit of an in-lieu fee in the amount equal to the estimated cost of the required improvements using the standard estimating rates as adopted by resolution of the Board of Supervisors and approved by the Director of Public Works, which fee will be reserved in a separate account for future improvement in the area when conditions warrant.

(2)

When a permit is requested for a new single-family residence or duplex that results in no more than two (2) living units per parcel, and the parcel is not within two hundred fifty (250) feet of existing curb, gutter and sidewalk located on the same side of the road as the new single-family residence or duplex, the owner may enter into a covenant to defer the requirements of Section 26-12 until such time as deemed necessary and appropriate by the Director of Public Works. In entering into the covenant, the owner consents to the formation of a special assessment district for the purpose of financing installation of improvements required by Section 26-12.

(3)

When a new single-family residence or duplex replaces an existing single-family residence or duplex that was removed under a valid demolition permit within twelve (12) months of the date of application for the building permit and has substantially the same livable area as the preexisting dwelling, the owner may enter into a covenant to defer the requirements of Section 26-12 until such time as deemed necessary and appropriate by the Director of Public Works. In entering into the covenant, the owner consents to the formation of a special assessment district for the purpose of financing installation of improvements required by Section 26-12.

(4)

When a new single-family residence or duplex replaces an existing single-family residence or duplex that was destroyed by fire within twelve (12) months prior to application for the building permit and has substantially the same livable area as the preexisting dwelling, the requirements of Section 26-12 are waived.

(Ord. No. 3127, § 1, 3-8-94; Ord. No. 3989, § 2 (part), 8-19-08)

(Ord. No. 4023, § 2, 6-8-10)