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0813 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 Ordinance -Page 1 chubbuck 021420 ord amding 17.16.050.wpd Vv 22004507 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. evin B. d, r ,, ATTEST: ng Ordinance - Page 2 chu6hu0 021420 ord amding 17.16 050.wpd "-E) aLAJ9LA-t-c-L 2 2 0 0 � 5 0 1 2020 NAR I A q:32 ey o ,City Clerk 1 rv; - 5- „ 2EC ,; 'A[ R 1L,� FEF r_! -1j Ordinance - Page 2 chu6hu0 021420 ord amding 17.16 050.wpd "-E) aLAJ9LA-t-c-L 2 2 0 0 � 5 0 1 2020 NAR I A q:32