HomeMy Public PortalAboutORD-CC-2018-09CITY OF MOAB ORDINANCE NO.2018-09
An ordinance amending certain provisions in Title 12.8.060 relating to a fee in lieu of actual
construction of required sidewalk improvements under certain conditions
The following describe the intent and purpose of this ordinance:
a. From time to time the City undertakes to revise its ordinances to remove archaic or
outdated language and to bring ordinances into compliance with current City needs and
practices;
b. The City finds that the provision of Title 12.8.060 of the Moab Municipal Code
("MMC") that articulates a payment option in lieu of construction of required improvements
needs updating;
c. The cost of improvements plus a reasonable factor for inflation of 10% is a more fair and
equitable formula to assess as opposed to 50% as provided under existing law; and
d. The changes enacted are in conformity with the City's right to regulate sidewalks and
new development, as provided by U.C.A. § 10-8-23 and § 10-9a-101, et seq.
Now therefore, the Moab Municipal Code is amended to read as follows:
12.08.060 Sidewalks, curbs and gutters required at time of construction.
A. Sidewalks, curbs and gutters, and street paving shall be installed along all street frontage of
any building lot at the time of construction upon that lot unless an exception is granted by the
City Council as established under subsection D of this section.
B. The location and specifications for said sidewalks, curbs and gutters, and streets shall be
determined by the City Engineer.
C. The construction of streets, sidewalks, curbs and gutters will be complete at the time of
final inspection by the building inspector unless an exception has been granted by the City
Council as established under subsection D of this section.
D. In the event that the lot frontage meets all of the following criteria, the City Council may
grant an exception where the property owner shall pay a fee in lieu of construction. Those
criteria are:
1. The frontage of the lot exceeds two hundred (200) lineal feet;
2. The lot is intended only for a single-family residence;
3. The construction of the street, curb and gutter, and sidewalks is inconsistent with
the street character; and
4. The exception will not create, extend, or perpetuate a half -paved street.
E. The fee in lieu of construction shall be an amount equal to one hundred and ten percent
(110%) of the estimated cost of constructing two hundred (200) lineal feet of the required
improvements. Those funds shall be submitted by the property owner to the City for deposit into
a street fund for future use to develop and repair sidewalks, curbs and gutters, pedestrian trails,
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and streets within the City. The City Engineer shall calculate the lineal foot costs for construction
of the improvements by consulting licensed contractors in the area. (Ord. 13-19, 2013: Ord. 88-
01, 1988)
The foregoing ordinance was passed and adopted upon the majority vote of the City
Council of the City of Moab, and the affirmative vote of the Mayor of the City of Moab this
day of , 2018.
This ordinance shall take effect immediately following passage.
By: l
Mayor Emily S. Niehaus
Attest:
LI - 10 —ter
Date
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Rachel Stenta, Recorder Date
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