15.74.150 Right-of-way improvements and dedication to precede development or building.
A. Except as noted under subsection C of this section, the town will not issue a land use or building permit unless or until the public rights-of-way upon which the subject property abuts are:
1. Considered fully improved (see subsection B of this section) to the standards of the right-of-way classification (as specified in SPMC 15.74.070); and
2. Offered for dedication to the public.
B. The town engineer will consider subsection A of this section fulfilled if the circumstances listed below are met. It will be at the discretion of the town engineer, based on knowledge of upcoming projects in the vicinity, safety issues, or sound engineering judgment, as to which method will be allowed or not allowed. Improvements will be considered fully installed:
1. Where the rights-of-way are already improved to their classification standards and dedicated to the town;
2. Where the town chooses to purchase rights-of-way and install the improvements. However, under no circumstances is the town obligated to do this;
3. Where the applicant installs the improvements himself at his own cost and offers the rights-of-way to the public;
4. Where the applicant has dedicated the rights-of-way to the public and posted a completion security with the town engineer in accordance with SPMC 15.02.130. The completion security will guarantee the completion of road and/or drainage improvements that are required;
5. If subsections (B)(1) through (B)(4) of this section are declared unfeasible by the town engineer, then improvements will be considered fully installed if the applicant has dedicated the rights-of-way to the public and elected to pay to the town an amount equal to the cost of installing the improvements. In such circumstances, the funds would be maintained in an account to be used specifically for improvements on that right-of-way within the general vicinity of the project;
6. A maintenance security may be required if work is not complete at the time of the first sale of property out of the developer’s possession.
C. This section does not apply to:
1. Building permits for additions, alterations, or repairs within any 12-month period which do not increase the gross floor space of an existing building or facility by more than 50 percent; or
2. Building permits for residential garages, carports, or accessory structures not intended as a dwelling unit. [Ord. 378 § 2 (Exh. 1), 1999.]