HomeMy WebLinkAbout0813 Amending Section 17.16.050220Q4507
CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 6 r
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION
17.16.050, " UNDEDICATED STRUCTURE ON LAND IN PROPOSED
DEVELOPMENT PROHIBITED" TO ADD "UNLESS CERTAIN CONDITIONS ARE
SATISFIED"; PROVIDING CRITERIA THAT WOULD ALLOW A BUILDING
PERMIT TO BE ISSUED EVEN THOUGH INFRASTRUCTURE INSTALLATION IS
NOT COMPLETED; PROVIDING FOR THE INTENT OF THE ORDINANCE;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT
ALL OTHER SECTIONS OF CHAPTER 17.16 NOT AMENDED SHALL REMAIN IN
EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Current City Code requires infrastructure to be completed or nearly
completed before a building permit can be issued. Given the lack of housing in the community
and area, the has proposed to allow bonding for uncompleted infrastructure that will facilitate
issuance of a building permit prior to the infrastructure being completed. There will need to be
available water supply and the roads completed to a point that fire department access can occur in
the event of fire or emergency.
Section 2. Amended Section 17.16.050. Section 17.16.050 is amended as follows:
17.16.050: UNDEDICATED STRUCTURE ON LAND IN PROPOSED DEVELOPMENT
PROHIBITED UNLESS CERTAIN CONDITIONS ARE SATISFIED: No structure or
improvement, except those to be dedicated to the City, shall be built or placed upon land located
in any proposed development until all lots, easements, streets, pedestrian ways,
utilities, parks and areas of open space (and/or cash contributions in lieu thereof) adjoining or
serving the land upon whieh the structures or improvements will be located, have beert dedicate
to the extent required in this chapter serving the proposed development have been approved b
City Council and the final plat offering dedications has been recordedand such dcdication ha
been accepted by the city . The city may permit such improvements or structures to be
built or placed on the land at an earlier time if:
A. Structures and improvements to be dedicated to the public are substantially complete with
water and sewer lines complete and functional, all other public utilities installed within
street rights of way, curb and gutter constructed, roadside drainage swale (if applicable)
graded, and the street pavement section constructed to at least the grade of the top of the
base aggregate course with final pavement and minor punch list items being guaranteed in
accordance with Section C below. Substantial completion will be judged by the public
works director, and or
B. 1). The developer has entered into a development agreement with the city which sets
forth the schedule of development, project management responsibilities, project
milestones, stop work authority, final occupancy requirements and project closeout
requirements, 2). The project's engineer of record stibmits a cost estimate and has
submitted a line item construction contract identifying the actual construction cost and
detailed completion schedule of remaining work to be accomplished per city inspection
ptaich list items, which schedule has been approved by the public work director after
consultation with the director's departments including the city engineer and with the fire
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chief; and 3). The remaining work has been guaranteed in accordance with Section C
below.
C. The owner (or developer) submits to the city a bion develo ment project
completion bond, cashier's check or irrevocable letter of credit in the city's name, for one
hundred fifty percent (150%) of the cost of remaining construction items as identified -by
the projeet engineer of reeoM.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapter 17.16 not
herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CI UBBUCK, IDAHO, this 1 +s. day of Mme,r C k , 2020.
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