HomeMy Public PortalAboutORD-CC-2006-12CITY OF MOAB ORDINANCE NO.2006-12
AN ORDINANCE AUTHORIZING THE CITY OF MOAB TO ENTER INTO COOPERATIVE
AGREEMENTS PROVIDING FOR REAL ESTATE TRANSFER ASSESSMENTS.
WHEREAS, the City of Moab has been approached by land owners who have proposed
agreements whereby a real estate transfer assessment is to be collected and administered by non-
profit home owner's associations and funds paid to the City for the purpose of funding specified
public needs;
WHEREAS, the City wishes to establish a uniform procedure governing the conditions
under which real estate transfer assessment agreements will be entered into between the City and
real property owners;
THEREFORE, the Moab Municipal Code is amended by the adoption of the following:
Chapter 3.29 Real Estate Transfer Assessment Agreements
3.29.010 Real Estate Transfer Assessment Defined. As used in this Chapter, a real estate transfer
assessment ("RETA") shall be defined as any fee or charge levied upon the sale or transfer of a
parcel of real property, or any interest in real property, by a homeowner's association or similar
declarant acting pursuant to a recorded declaration of covenants, conditions, or restrictions,
which fee is paid to the City pursuant to an agreement providing for application of the funds to
specified public purposes.
3.29.020 Authorization to Enter Into Agreements. The City may enter into RETA agreements
consistent with the provisions of this Chapter upon such terms as the City Council deems
appropriate, in its sole discretion.
3.29.030 Collection and Use of Funds. RETA funds shall be collected by the declarant or
association governing a covenant declaration, which party shall be solely responsible for the
administration and enforcement of the RETA. All funds remitted to the City shall be utilized for
public purposes consistent with the specific terms of any RETA agreement, which purposes may
include, but shall not be limited to, acquisition or maintenance of parks, trails, or other
recreational facilities; the repair or upgrading of existing public facilities; the development or
acquisition of affordable housing; or other public purposes.
3.29.040 Use As Condition for Development Approval Prohibited. A RETA shall not be
required by the City as a condition for obtaining any land use approval.
3.29.050 Judicial Review. A judicial challenge to the legality of any RETA shall be brought no
later than thirty days from the date any affected person pays the charge in dispute, and not
thereafter.
Ordinance #2006-12 Page 1 of 2
Passed and adopted by the City of Moab in open session on the 5th day of September,
2006. This ordinance shall take effect immediately upon passage.
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Mayor David Sakrison Date
Attest:
c-ecatiw, 9-5-64
Rachel Ellison, City Recorder Date
Ordinance #2006-12 Page 2 of 2
CITY OF MOAB
PLANNING
COMMISSION
PUBLIC HEARING
LAND USE
ORDINANCES
The City of Moab
Planning Commis-
sion will hold a Public
Hearing on Thursday,
November 17, 2005
at approximately 6:00
p.m. in the Council
Chambers of the Moab
City Offices at 217 East
Center Street, Moab,
Utah.
The purpose of this
hearing is to solicit pub-
lic input on the following
land use ordinances:
ORDINANCE 2006.01
AN ORDINANCE
AMENDING SECTION
17.06.015 OF THE
MOAB MUNICIPAL
CODE REGARDING
DESIGNATION OF FI-
NALAUTHORITY FOR
APPROVAL OF MU-
NICIPAL LAND USE
CODE PROCESSES
AND THE DESIGNA-
TION OF APPEAL
THE PLANNING CC
MISSION IS DESIU-
NATED AS THE FI-
NALAUTHORITY FOR
GRANTING CONDI-
TIONAL USE PER-
MITS. APPEALS ARE
TO BE MADE TO THE
BOARD OF ADJUST-
MENTS.
ORDINANCE 2006-05
AN ORDINANCE
AMENDING SEC-
TIONS 17.12.020
THROUGH 17.12.090
OF THE MOAB MU-
NICIPAL CODE AS
FOLLOWS:
(1). DELETING THE
WORDS "SPECIAL
EXEMPTIONS" AND
BY REPLACING THE
WORD "NONCON-
FORMING" WITH
"NONCOMPLYING"
WHENEVER THE OR-
DINANCE REFERS
TO STRUCTURES OR
BUILDINGS.
ORDINANCE 2006-06
AN ORDINANCE
AMENDING THE
MOAB MUNICIPAL
CODE SECTIONS
16.08.010, PRELIMI-
NARY PLAT PRO-
CEDURE, 16.12.050
PRELIMINARY PLAN
APPROVAL AND
16.08.050 VACATING
OR CHANGING OF A
SUBDIVISION PLAT
REQUIRING THE
PLANNING COM-
MISSION TO HOLD
PUBLIC HEARINGS
ON PRELIMINARY
PLAT APPROVAL
AND TO REQUIRE
THAT NOTICING AND
CHANGE OF SUBDI-
VISION PLATS MUST
CONFORM TO STATE
LAND USE CODEAND
TO NOTICING RE-
QUIREMENTS.
ORDINANCE 2006-07
AN ORDINANCE
AMENDING SECTION
16.08.05.F OF THE
MUNICIPAL CODE
REGARDING THE
REQUIREMENT FOR
SUBDIVISION, MULTI-
UNIT RESIDENTIAL
AND INDUSTRIAL DE-
VELOPMENT TO OB-
TAIN A LETTER FROM
ASEWERAND WATER
AUTHORITY THAT IS
NOT THE CITY WHO
WILL PROVIDE SAID
SEWER AND/OR WA-
TER SERVICES.
ORDINANCE 2006-08
AN ORDINANCE
AMENDING THE
. 1 r`:7%.
ti ry r*fit
MUNICIPAL CODE
DESIGNATING THE
PLANNING COMMIS-
SION AS THE FINAL
LAND USE AUTHOR-
ITY AND THE BOARD
OF ADJUSTMENT
AS THE APPEAL AU-
THORITY.
ORDINANCE 2006-13
AN ORDINANCE
AMENDING SECTION
17.66.140, PLANNED
UNIT DEVELOP-
MENTS, OF THE
MOAB MUNICIPAL
CODE DESIGNATING
THE PLANNING COM-
MISSION TO HOLD A
PUBLIC HEARING AF-
TER PROPER NOTIC-
ING ON PRELIMINARY
PLAT APPROVAL.
ORDINANCE 2006-14
AN ORDINANCE
AMENDING THE
MOAB MUNICPAL
CODE, SECTION
17.69.060, SECOND-
ARY DWELLING,
ESTABLISHING THE
BOARD OF ADJUST-
MENT AS THE AP-
PEAL AUTHORITY TO
PLANNING COMMIS-
SION DECISIONS.
ORDINANCE 2006-15
AN ORDINANCE
AMENDING SECTION
17.70.050, BED AND
BREAKFAST FACILI-
TIES, ESTABLISHING
THE BOARD OF AD-
JUSTMENT AS THE
APPEAL AUTHOR-
ITY TO PLANNING
COMMISSION DECI-
SIONS.
Complete copies of
these ordinance are
available for public re-
view at the Moab City
Planning Office locat-
ed at 217 East Center
Street.
In compliance with
the Americans with Dis-
abilities Act, individuals
needing special ac-
commodations during
this meeting should
notify the Recorder's
Office at 217 East Cen-
ter Street, Moab, Utah
84532; or phone (435)
259-5121 at least three
(3) working days prior
to the meeting.
/s/ Rachel Ellison
City Recorder
Published in The
Times -Independent,
Moab, Utah November
3 and 10, 2005.
NOTARY PUBLIC
SUSAN LARSEN
300 S Main
Moab, Utah 84532
My Commission Expires
June 30, 2008
STATE OF UTAH
Proof of Publication
STATE OF UTAH,
County of Grand,
ss.
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Land Use Hearing
hereto attached, and which is made apart of this Affida-
vit of Publication, was published in said newspaper for
a period of 2 consecutive issues, the first publication
date having been made Nov. 3, 2005
;and the last on Nov. 10, 2005
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
9-
v
Co -Publisher
Subscribed and sworn before me this AV • 25-
/
/Notary Public
Residing at Moab, Utah
My Commission Expires
CITY OF MOAB
ORDINANCE NO.
2006-12
AN ORDINANCE
AUTHORIZING THE
CITY OF MOAB TO
ENTER INTO COOP-
ERATIVE AGREE-
MENTS PROVIDING
FOR REAL ESTATE
TRANSFER
ASSESSMENTS.
WHEREAS, the City
of Moab has been ap-
proached by land own-
ers who have proposed
agreements whereby
a real estate transfer
assessment is to be
collected and admin-
istered by non-profit
home owner's associa-
tions and funds paid to
the City for the purpose
of funding specified
public needs;
WHEREAS, the City
wishes to establish a
uniform procedure gov-
erning the conditions
under which real estate
transfer assessment
agreements will be en-
tered into between the
City and real property
owners;
THEREFORE, the
Moab Municipal Code
is amended by the
adoption of the follow-
ing:
Chapter 3.29 Real
Estate Transfer As-
sessment Agreements
3.29.010 Real Estate
Transfer Assessment
Defined. As used in
this Chapter, a real
estate transfer assess-
ment ("RETA") shall
be defined as any fee
or charge levied upon
the sale or transfer of
a parcel of real prop-
erty, or any interest
in real property, by a
homeowner's associa-
tion or similar declarant
acting pursuant to a
recorded declaration
of covenants, condi-
tions, or restrictions,
which fee is paid to
the City pursuant to
an agreement provid-
ing for application of
the funds to specified
public purposes.
3.29.020 Authori-
zation to Enter Into
Agreements. The City
may enter into RETA
agreements consistent
with the provisions of
this Chapter upon such
terms as the City Coun-
cil deems appropriate,
in its sole discretion.
3.29.030 Collection
and Use of Funds.
RETA funds shall be
collected by the de-
clarant or association
governing a covenant
declaration, which party
shall be solely respon-
sible for the administra-
tion and enforcement
of the RETA. All funds
remitted to the City
shall be utilized for pub-
lic purposes consistent
'roof of Publication
STATE OF UTAH,
County of Grand,
ss.
1
Samuel J. Taylor or Adrien F. Taylor, being first duly
sworn according to law, deposes and says: That he/she is
the co -publisher of The Times -Independent, a weekly
newspaper of general circulation, published every
Thursday at Moab, Grand County, State of Utah; that the
notice
Ordinance 2006-12
hereto attached, and which is made a part of this Affida-
vit of Publication, was published in said newspaper for
a period of consecutive issues, the first publication
date having been made Sept. 14, 2006
;and the last on
;and the said notice was published in each and
every copy of said newspaper during the period and time
of publication, and that it was published in the news-
paper proper and not in a supplement thereof.
Y/ "
Co- ublish"er
Subscribed and sworn before me this
Notary Public
Residing at Moab, Utah
My Commission Expires
NOTARY PUBLIC
SADIE WARNER
4481 Easy Street
Moab, Utah 84532
My Commission Expires
November 18. 2009