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HomeMy WebLinkAbout2012 Dedicating Rights of Way ORDINANCE NO.,Z,01,-1, AN ORDINANCE ADDING NEW SECTIONS 17.12030, 17.12.040, 17.12.050, AND 15.04.095 TO THE ASHLAND MUNICIPAL CODE, PRESCRIBING THE CONDITIONS UNDER WHICH PROPERTY OWNERS SHALL BE REQUIRED TO DEDICATE RIGHTS OF WAY TO THE CITY OF ASHLAND. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. A new Section 17.12.030 shall be added to the Ash- land Municipal Code and shall read as follows: "17.12.030 Dedication of Streets --Public need. Whenever a property owner requests a, uil ing permit, land partition or subdivision approval and such proposed use of the land or div- ision of the land causes a public need for increased street right of way the property owner shall. dedicate such additional right of way to the City of Ashland before approval is given to his subdivision, land partition or application for a building permit. In determining public need the folloi:,i.ng factors shall be considered: 1. Accommodation of increased traffic generated by the development. 2. The ability to provide traffic circulation to neighbor- .ing properties in order to make the most economic use of land, thereby fulfilling the intent of the City Com- prehensive Plan and State Planning Goals. 3: The health, safety, and welfare of future residents of the area, if the area is developed through flag partitions or other piecemeal, irregular means,causing inadequate access. 4. Such other factors as may be fond relevant during con- sideration of a particular app'•.'cation. SECTION 2. A new Section 17.12;040 shall be added to the Ashland unicipal Code and shall read as follows: "17.12.040 Dedication of Streets--width established. When- ever a property owner requests approval of a land partition, subdivision or building permit, and his property abuts on a street shown on exhibit "A" attached hereto which is hereby incorporated herein, and the street at that location is not dedicated to the widths required by Section 17.08.020(B) of this Code, approval of his application shall only be granted after the property owner has dedicated such required additional right-of-way to the City of. Ashland. For purposes of this Sec- tion, all streets not designated on exhibit "A" as arterials or collectors, shall be designated as minor streets." SECTION 3. A new Section 17.12.050 shall be added to the Ashland Municipal Code and shall read as follows: "17.12.050 Dedication of Streets--New Streets. When- ever a property owner requests approval o a land par- titibn, subdivision or building permit, and his property abuts on a Planned street which has been adopted by res- olution of the Planning Commission as a part of a precise street plan for an area, approval of his application, shall only be granted after the property owner has dedi- cated such required right of way to the City of Ashland. SECTION 4. A new Section 15.04.095 shall be added to the Ashland Municipal Code.and shall read as follows: "15.04.095 Building Permits-Required street dedications. In issuing building permits toy proposed buildings, dedi- cation of abutting streets shall first be made to the City of Ashland•as required by Sections 17.12.030 to 17.12.050 of this Code, and all setbacks required under Title 18 of this Code shall be measured from the new right-of-way line. thereby established." T e foregoing ordinance was first read on the as `day of 1.978 and duly PASSED and ADOPTED this fO day of 1978. Nan E. Franklin City Recorder SIGNED and APPROVED this C~L d of 1978. Gary L. rickett Mayor