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HomeMy Public PortalAboutORD-CC-2013-19ORDINANCE #2013-19 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 12.08.060, SIDEWALKS, CURBS AND GUTTERS REQUIRED AT TIME OF CONSTRUCTION, AMENDING THE REQUIREMENTS FOR THE CONSTRUCTION OF STREETS, CURB, GUTTER, AND SIDEWALKS WHEN SINGLE FAMILY RESIDENTIAL LOTS ADJACENT TO PARTIALLY DEVELOPED STREETS ARE DEEMED EXCESSIVE IN WIDTH WHEREAS, the City Council ("Council") adopted the Moab Municipal Code ("Code") and especially Chapter 12.00.00, Streets, sidewalks, and public places, to promote a more attractive and wholesome environment and protect mapped street rights -of -way and provide for a safe and enjoyable transportation grid for all modes of travel throughout the City of Moab ("City") ; and WHEREAS, from time to time the City has determined that there is a need to amend the Code in order to make the text more contemporary, align the language with Utah State Code, and provide for a use that was not anticipated at the time of adoption; and WHEREAS, the City has found it to be desirable to make the development of single family residential uses on very large lots adjacent to unpaved streets more flexible; and WHEREAS, the City Council, in a duly advertised public meeting, reviewed the merits of the Municipal Code amendment concerning street construction for single family residential uses and found that the amendments to the code are in the best interests of the City and residents. NOW, THEREFORE, the Moab City Council hereby ordains that Ordinance #2013-19 is hereby adopted to amend the Municipal Code Chapter12.08.060, Streets, sidewalks, and public places as set forth below: 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 paragraph C below. B. The location and specifications for said sidewalks, curbs and gutters and streets shall be determined by the Public Works Director. 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. D. In the event the frontage is excessive, the City Council may grant an exception as allowed under the following standards: 1. The frontage of the lot exceeds 200 lineal feet; 2. The lot is intended only for a single family residence; 3. Significant topographic, location or other issues exist; 4. The construction of the street, curb and gutter and sidewalks is inconsistent with the street plan; 5. The exception will not create, extend or perpetuate a half -paved street. 6. An amount equal to one and one half times the estimated cost of constructing 200 Ordinance #2013-19 Page 1 of 2 lineal feet of the required improvements 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, and streets within the city. The Public Works Director shall calculate the lineal foot costs for construction of the improvements by consulting licensed contractors in the area. Passed and adopted by action of the Governing Body of the City of Moab in open session this 24th day of September, 2013. City Mayo avid L. Sakrison Attest - Rachel E. Stenta City Recorder Ordinance #2013-19 Page 2 of 2 CITY OF MOAB ORDINANCES #2013-14 and #2013-19 AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 17.36.020, USE REQUIREMENTS, AMENDING THE LISTED USES OF THE 1-1, INDUSTRIAL ZONE, AND CHAPTER 17.36.050, LO- CATION REQUIREMENTS; AND AN ORDINANCE AMENDING THE CITY OF MOAB MUNICIPAL CODE, CHAPTER 12, 08.060, SIDEWALKS, CURBS AND GUTTERS REQUIRED AT TIME OF CONSTRUCTION, AMENDING THE REQUIREMENTS FOR THE CONSTRUCTION OF STREETS, CURB, GUTTER, AND SIDEWALKS WHEN SINGLE FAMILY RESIDENTIAL LOTS ADJACENT TO PARTIALLY DEVELOPED STREETS ARE DEEMED EXCESSIVE IN WIDTH. Ordinances #2013-14 and #2013-19 were adopted at a Reg- ular City Council Meeting held on September 24, 2013 at the Moab City Council Chambers, 217 East Center Street Moab, Utah 84532. Complete copies of Ordinances #2013-14 and #2013-19 are avail- able online at www.moabcity.org or at the City of Moab Recorder's Office at 217 East Center Street Moab, Utah 84532. Isl Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Inde- pendent on October 3, 2013. Proof of Publication STATE OF UTAH, ) ) County of Grand, ) SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times-lndependent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah, and a designated agent of the Utah Press Association; that the notice attached hereto and which is a copy of a City of Moab Ordinances #2013-14 and #2013-19 which is made a part of this Affidavit of Publication, was published in said newspaper for a period of 1 consecu- tive issues, the first publication date having been made October 3, 2013 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publica- tion, and that it was published in the newspaper proper and not in a supplement thereof, and that said notice was published on Utahlegals.com on the same day as the first newspaper publication and the notice remained on Utah- legals.com throughout the period and time of print pub- lication. •� Publisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires