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ORDINANCE #2017-15
AN ORDINANCE TO REPEAL SECTION 16.24.030, PROTECTION STRIPS
WHEREAS, the Moab City Council ("Council") adopted the Moab Municipal Code ("Code") and
especially 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 Section 16.24.030 should be removed
from the Code, since it is of dubious legal standing; and,
WHEREAS, the Moab City Planning Commission ("Commission") held a duly advertised public hearing
on March 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,
determined that said repeal would benefit the City of Moab; and,
WHEREAS, Council reviewed Ordinance #2017-15 in a regularly scheduled meeting held on
May 9, 2017, to hear and decide the merits of the proposed change to Section 16.24.030; and,
WHEREAS, Council found the changes to be in the best interests of the City of Moab.
NOW, THEREFORE, the Moab City Council hereby repeals in its entirety Section 16.24.030, as it
currently reads, and places it in reserve:
Subdivisions
16.24.030 Protection strips.
Where subdivision streets parallel contiguous property of other owners, the subdivider may, upon
approval of the planning commission, retain a protection strip not less than one foot in width between the
street and adjacent property; provided, that an agreement, approved by the city attorney, has been made
by the subdivider, contracting to deed to the owners of the contiguous property, the one -foot or larger
protection strip, the street improvements properly chargeable to the contiguous property, plus the value of
one-half the land in the street at the time of agreement, together with interest at a fair rate from the time of
agreement until the time of the subdivision of such contiguous property. One copy of the agreement shall
be submitted by the city attorney and the city recorder prior to approval of the final plat. Protection strips
shall not be permitted at the end of or within the boundaries of a public street or proposed street or within
any area intended for future public use.
Shall be removed from the Code in its entirety, and placed in reserve.
In effect on the day of passage;
PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City
Coun _il on the 9`" day of May, 2017.
SI
David L. Sakrison, Mayor
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ATTEST:
Rachel Stenta; t corder