HomeMy Public PortalAboutORD-CC-2017-11ORDINANCE #2017-11
AN ORDINANCE TO AMEND THE MOAB MUNICIPAL CODE BY REPEALING SECTION
16.16.040, TIME LIMIT FOR RECORDATION OF SUBDIVISION FINAL PLATS
WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code") and
specifically Title 16, also known as "The Subdivision Ordinance of Moab City, Utah" in an effort to
encourage and facilitate orderly growth and development in the City as well as to promote a more
attractive and wholesome community environment; and,
WHEREAS, from time to time Council has found it necessary to amend Title 16 to support the elements of the
General Plan and enforce the provisions of the land use ordinances; and,
WHEREAS, it has come to the attention of the City of Moab that a repeal of Section 16.16.040 is desirable
and necessary, since Ordinance #2013-12 amended Section 16.08.010.E. to: 1) increased the time limit for
recordation of a final plat following approval by Council (180 days), and 2) now Section 16.16.040
contradicts the maximum time for recordation of a final plat; and,
WHEREAS, the proposed change would eliminate the contradicting number of days, found in the two
Sections, to record a final plat, and would therefore be useful in aiding Planning Staff in the day to day
administration of the Code; and,
WHEREAS, the second part of Section 16.16.040 ("Failure to record a final plat will render it invalid
and reconsideration will be required") is also expounded in Section 16.08.010.E. (See below, Section
16.08.010.E provided for comparison.); and,
WHEREAS, the Moab City Planning Commission ("Commission") held a duly advertised public hearing
on April 13, 2017, to hear and decide the merits of said repeal; and
WHEREAS, the Commission, after reviewing the public testimony and the recommendation of Staff,
adopted Planning Resolution 17-2017 and determined that 180 days is the appropriate period of time in
which to record a final plat, and that the second part of Section 16.08.010 fully describes the
consequences of a failure to record a final plat within 180 days, rendering Section 16.16.040 redundant;
and,
WHEREAS, Council reviewed Ordinance #2017-11 in a regularly scheduled meeting held on
May 9, 2017, to hear and decide the merits of the proposed change to Section 16.16.040; and,
WHEREAS, Council found the changes to be in the best interests of the City of Moab.
NOW, THEREFORE, the Moab City Council ordains that Section 16.16.040, Time limit for recordation
as it currently reads below is hereby repealed:
16.16.040 Time limit for recordation.
Failure on the part of the subdivider to record a final plat of a subdivision within ninety days following
the approval by the city council shall render the plat invalid and reconsideration by both the city planning
commission and the city council will be required before its acceptance.
In effect on the day of passage;
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Council on the 9`h day of May, 2017.
Page 212
David L. Sakrison, Mayor
Rachel Stenta, Recorder
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Ordinance #2017-11