Zoning, storm water ordinances advance

Planned development idea for housing

Two proposals with the potential to impact development inside Algona took steps toward approval during the city council's meeting Monday, Dec. 2.

One of the proposals is an amendment to the city's residential zoning ordinance. The idea is to create a way to further concentrate housing in a new housing development through the use of a planned residential unit development overlay district.

Find out what it means in the Dec. 5 Advance. 

You can see the ordinances as they are proposed below:

 

PRUD Proposed Ordinance

ORDINANCE NO. __ _

AN ORDINANCE AMENDING THE ALGONA MUNICIPAL CODE OF ORDINANCES BY ADDING A NEW SECTION TO CREATE A PLANNED RESIDENTIAL UNIT DEVELOPMENT OVERLAY DISTRICT

WHEREAS, innovative and comprehensively planned development encourages residential development, permits lower cost housing, and with proper regulation promotes public health, safety and welfare that enhances the development of the city; and

WHEREAS, the City Council for the City of Algona, Iowa has determined that it is in the best interest of the City to promote residential development with proper regulations through the adoption of a planned residential unit development overlay district (PRUD).

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AL-GONA, IOWA, as follows:

SECTION 1. The Municipal Code of Ordinances of the City of Algona, Iowa is hereby amended by adding Section 17.04.245 entitled PRUD - Planned Residential Unit Development Overlay District, which is hereby adopted to read as follows:

17.04.245 PRUD- PLANNED RESIDENTIAL UNIT DEVELOPMENT OVERLAY DIS-TRICT

1. Intent. This district is intended to provide for innovative and comprehensively planned projects in the development of residential land by permitting flexibility in design, placement of buildings, and the use of open spaces, while at the same time retaining substantially the same density and area coverage permitted in the underlying District in which the project is being developed and where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety, and welfare. The Planned Residential Unit Development Overlay District (PRUD) shall only be used when a land holding is planned and developed as a unit in accordance with an approved overall conceptual development plan and subsequent final development plan.

2. General. A PRUD may only be permitted to be superimposed over any Residential Single-Family District or Residential Multi-Family District, provided that all conditions or provisions of this section of the City Code and any additional requirements, as may be determined necessary to provide for the most efficient layout of a PRUD and its proper integration with the surrounding development, are met.

3. Densities Permitted. All types of residential housing units may be permitted within a PRUD, including but not limited to, single-family (attached or detached) and multi-family residential units. The number of dwelling units in a PRUD shall be determined by the minimum amount of square feet per dwelling unit as set forth below for each residential or multi-residential district superimposed by the PRUD. This density shall be applied to the total project area excluding that land devoted to streets (public and private) and also excluding private detached garages and private recreational facilities:

Zoning Classification Min. Lot Area per Dwelling

Unit (sq. ft.)

RM-1 1,000

RM-2 2,000

RM-3 3,000

RM-4 4,000

RS-60 6,000

RS-80 8,000

RS-100 10,000

4. Permitted Uses. The uses permitted in a PRUD shall be consistent to those permitted in theunderlying zoning district of which a PRUD is superimposed.

5. Accessory Uses. The use of land or structures customarily incidental and subordinate to a permitted use in a PRUD shall be consistent to those allowed in the underlying zoning district.

6. Special Exceptions. Certain uses that may be permitted in a PRUD shall be consistent to those permitted in the underlying zoning district of which a PRUD is superimposed.

7. Performance Standards. The performance standards of a PRUD shall be consistent to those allowed in the underlying zoning district of which a PRUD is superimposed.

8. Setback Requirements. The minimum front yard, minimum side yard, and minimum rear yard distance requirements of the underlying zoning district as found in the Bulk Regulations subsection shall only apply to those front, side or rear yards that are on the exterior boundary lines of a PRUD site or immediately adjacent to public or private streets.

9. Off-street Parking. The off-street parking requirements of a PRUD shall be consistent to those required in the underlying zoning district of which a PRUD is superimposed.

10. Off-street Loading. The off-street loading requirements of a PRUD shall be consistent to those required in the underlying zoning district of which a PRUD is superimposed.

11. Signs. Sign regulations shall be consistent to those required in the underlying zoning district of which a PRUD is superimposed.

12. Ownership. In order that the purpose of these regulations may be realized, private land, privatestreets, private sidewalks, private utility services, and private common open space shall be under ownership by a legally established Homeowners Association(s) or other legal entity determined to be acceptable by the Zoning Administrator and identified in the conceptual development plan and final development plan. The Homeowners Association or otherwise approved entity shall not be dissolved, nor shall it dispose of any private land, private streets, private sidewalks, private utility services, and private common open space, except upon the approval of the City Council.

13. Application and Processing of Zoning Change Request and Conceptual Development Plan.

A. Preapplication Conference. Prior to any application requesting the establishment of a PRUD, the applicant and/or their representative shall meet with the Zoning Administrator to determine the applicability of the development, timing of procedure, and any other information pertinent to the proposal.

B. Application and Submission of Conceptual Development Plan. After the preapplication conference, an application requesting the establishment of a PRUD overlay district shall be filed with the Zoning Administrator with a filing fee for a rezoning request. The application shall be submitted with a conceptual development plan, which shall include the following:

1. Legal description and address of property.

2. Name, address and phone number(s) of the property owner(s).

3. Anticipated number, type, and general location of residential units and nonresidential uses

4. List of principal uses, special exceptions, accessory uses, and temporary uses.

5. General location and type of recreational (passive and active) and open space areas.

6. Location of existing and proposed infrastructure and utilities, including: streets with appropriate grades; curb and gutter; sidewalks; access drives; water, sanitary sewer, storm water management and storm sewer drainage systems, where appropriate.

7. Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures.

8. Sketches to indicate the general design of building types and the overall character of development.

9. Existing contours of the property taken at regular contour intervals.

10. Proposed parking facilities.

11. Location and nature of common open space and natural features such as trees, waterways, and grasslands.

12. Conceptual landscape plan showing plantings, fences, and signage.

13. A location map or other framing at appropriate scale showing the general location and relation of the property to surrounding areas, including the zoning and land use patterns of adjacent properties, the existing street system in the area, and the location of nearby public facilities.

14. Organizational documents for any entity that will govern the ownership, control and use of the property.

15. Other information as required by the Zoning Administrator as necessary.

C. Commission review and approval. A Meeting shall be held by the Planning and Zoning Commission on a PRUD zoning overlay application in the same manner and with the same public notice and procedures as required for a zoning amendment. The Planning and Zoning Commission shall make a recommendation to the City Council whether to approve or disapprove the conceptual development plan, with any restrictions or conditions requested by the Commission to be imposed, within sixty days of receipt unless a longer time is agreed upon with the developer. The conceptual development plan and the commission’s recommendation, including any Conditions or Restrictions shall be transmitted to the council within seven (7) calendar days.

The conditions or restrictions may include, but are not limited to:

1. Time limitations for submission of final development plans and commencement of construction.

2. Uses permitted in the District.

3. Requirement that any transfer of ownership or lease of property in the District include in transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the condition or restrictions authorizing the establishment of the District.

D. Council approval. After receiving the recommendation of the Planning and Zoning Commission, the City Council shall act in the manner provided by law to approve or disapprove the requested PRUD zoning district reclassification of the property and the conceptual development plan. The council shall approve or disapprove the zoning request and conceptual development plan no later than the fourth regular meeting following the receipt of the report from the planning and zoning commission. The council shall give notice and hold a public hearing prior to approval of the application for a PRUD overlay district and approval of the conceptual development plan. The ordinance authorizing the establishment, expansion, or amendment of a PRUD shall be recorded in the office of the County Recorder at the applicant’s expense.

A PRUD shall not be approved unless and until the City Council determines that the conceptual development plan conforms to each of the following standards:

1. The conceptual development plan is in substantial conformance with the Comprehensive Plan to guide the future growth and development of the City.

2. The proposed development is designed so as to be functionally integrated with existing City streets, sanitary and storm sewer, storm water management, and water service.

3. The proposed development shall not interfere with the appropriate use and enjoyment of property of abutting properties.

4. The conceptual development plan will not violate any provision or requirement of this Code.

5. Natural drainage areas are retained as appropriate and improved if necessary.

6. Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment.

7. Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas.

8. If the development includes floodplain areas, any development within the floodplain shall conform to the Floodplain Regulations in accordance with

Chapter 15.32 of this Code.

E. Effect of approval of Conceptual Development Plan. Approval of the conceptual development plan shall constitute authority to proceed with construction and preparation of the final development plan subject to approval of detailed plans and specifications for improvements set forth herein. The site shall be constructed and the final development plan prepared in conformity with the approved conceptual development plan. Material deviation from such approved conceptual development plan shall require resubmission and approval. Approval of the conceptual development plan shall not constitute authority to sell lots, or authority to construct permanent buildings in reliance upon the conceptual development plan layout.

14. Application and Processing of Final Development Plan.

A. Submission of Final Development Plan. After approval of the conceptual development plan and adoption of the ordinance amendment establishing a PRUD by the City Council, the applicant shall submit a final development plan to the Zoning Administrator. The final development plan shall be in substantial conformance with approved conceptual development plan. Prior to delivering the final development plan, the developer shall pay to the city clerk a nonrefundable processing fee equal to the established fee to file a final plat.

B. Final Development Plan Review. No new building permits shall be issued for the site until the final development plan has been approved by the Zoning Administrator. If the Zoning Administrator determines the final development plan is not materially consistent with the previously approved conceptual development plan, the final development plan shall require approval of the City Council.

C. Construction of Improvements and Posting of Bond. No buildings may be erected and no uses may occupy any portion of a PRUD until any required related off-site improvements are constructed or appropriately secured as determined by the City Administrator is provided to ensure construction. If a PRUD is to be developed in phases, all improvements necessary for the proper operation and functioning of each phase, must be constructed and installed or appropriately secured, as determined by the City Administrator, to ensure their construction.

D. Amendments. After recording of a final development plan, amendments to the approved plan may be allowed under the following conditions:

1. Nonmaterial deviations in number, location, placement, heights of buildings, and landscaping that are consistent with the previously approved final development plan may be authorized by the Zoning Administrator.

2. Material deviations from such approved final development plan shall require resubmission and approval.

15. Common Open Space. Common open space shall be maintained in reasonable condition, sub-ject to the nuisance abatement standards and procedures of the City’s Code of Ordinances. In cases of nuisance abatement, costs shall be assessed against the entity responsible for the common open space area or proportionally against all properties within a PRUD that have the right of use of the common open space.

16. Streets.

A. Standards of design and construction of public streets within a PRUD shall be equivalent to those standards for Streets provided in the Subdivision Ordinance. The planned specifications for street construction shall be included in the conceptual development plan and final development plan.

B. Private Streets shall be constructed equivalent to those standards for Streets provided in the Subdivision Ordinance or to standards otherwise approved in the conceptual development plan and final development plan. In no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City. The entity which owns the property shall be responsible for maintenance, snow removal, repair, and replacement of private streets. No private streets may be dedicated to the city for public use at a later date unless and until said streets have been improved by the private owner thereof to then existing design standards for public streets.

17. Other Development Controls.

A. All utilities must be underground when transmission lines are extended or altered.

B. The Zoning Administrator and the Planning and Zoning Commission shall have the authority to recommend, and the City Council shall have the authority to impose such other conditions as are necessary to accomplish the purposes of this ordinance and the comprehensive plan.

SECTION 2. The Municipal Code of Ordinances of the City of Algona, Iowa is hereby amended by deleting Section 17.04.240 subsection 3 and replacing it with the following language which is hereby adopted to read as follows:

3. Erection of More Than One Principal Structure on a Lot. In any district, except for RSResiden-tial Single-Family Districts and RM-Residential Multi-Family Districts, more than one (1) structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot.

SECTION 3. REPEALER. Any ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 4. SEVERABILITY. If any section, provision or part of this Ordinance shall be ad-judged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 5. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final pas-sage, approval and publication as provided by law.

 

STORM WATER Proposed Ordinance

ORDINANCE NO. __ _

AN ORDINANCE AMENDING THE ALGONA MUNICIPAL CODE OF ORDINANCES BY ADDING A NEW CHAPTER REGARDING STORM WATER MANAGEMENT

WHEREAS, storm water management and post-construction erosion control measures diminish threats to public health and safety caused by excessive storm water runoff, reduce the possibilities of hydraulic overloading of the storm sewer system, minimize economic losses to individuals and the community at large, improve the quality of water, and enhance the orderly development of the City; and

WHEREAS, the City Council for the City of Algona, Iowa has determined that it is in the best interest of the City to effectively manage storm water runoff; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALGONA, lOW A, as follows:

SECTION I. The Municipal Code of Ordinances of the City of Algona, Iowa is hereby amended by adding Chapter 13.22 entitled Storm Water Management, which is hereby adopted to read as follows:

13.22.01 PURPOSE. It is the purpose of this chapter to establish policies to manage and control Storm water Runoff occurring from new development of commercial, industrial, governmental, institutional, and residential areas, all of which are located within the City’s corporate limits. The goal is to reduce peak storm water runoff caused by development of the land. This will result in cost savings to the overall existing municipal storm sewer collection system by either eliminating the need to make improvements to the existing municipal storm sewer collection system or by reducing the size of improvements required. In addition, flood mitigation, increased public safety and sediment and erosion control are expected benefits.

13.22.02 DEFINITIONS. Wherever used in the Ordinance and printed with an initial capital letter, the terms listed below shall have the meanings indicated. Words using the present tense shall include the future; the singular shall include the plural; the plural shall always include the singular. The term ‘shall’ is always mandatory and the term ‘may’ is pe1missive.

I. “Access bench” is a shallow slope area adjacent to the pond or lake and the submerged aquatic bench just inside the pond or lake perimeter. The Access bench should extend ten (10) feet outward from the permanent pool edge to the toe of the pond side slope. Maximum cross-slope of the Access bench should be six (6) percent.

2. “Capacity (of a storm water facility)” means the volume or rate of conveyance available in a storm water management facility, including freeboard, to store or convey storm water without damage to public or private property.

3. “Civil engineer” means a professional engineer licensed in the State oflowa to practice in the field of civil works.

4. “Control structure” means part of a storm water management facility designed to regulate the storm water runoff release rate.

5. “Design storm” means a storm with characteristics of the average storm for the desired return frequency.

6. “Detention basin” means any facility designed for the purpose oftemporarily holding water which is then released at a predetermined rate and controls the flow of storm water downstream.

7. “Development” means land disturbance.

8. “Developed condition” also referred to as “Post-developed condition” means the hydraulic and hydrologic site characteristics that occur upon completion of a development.

9. “Drainage area” means an area of land contributing to storm water runoff.

10. “Green infrastructure” means natural drainage ways, wet lands, infiltration systems, open green space, etc.

II. “Green space” means that area in and around a development which is covered with grass, trees, shrubs, and other natural plantings that naturally absorbs storm water.

12. “New development” means the platting ofland for the establishment of residential, commercial, industrial and/or agricultural lots or improvements to existing platted parcels of land which contribute to use and benefit of the land.

13. “Overflow path” means the path taken by storm water runoff as a result of flows exceeding the capacity of the underground drainage system or detention basin. The path may include streets, channels, drainage ways or areas of sheet flows, and be located on public property or private property within an easement.

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14. “Pre-developed condition” means the hydraulic and hydrologic site characteristics that are present prior to development.

15. “Redevelopment” is defined as structnral development (construction, installation, or expansion of a building or other structnre ), creation or addition of impervious snrfaces, replacement of impervious snrface not part of routine maintenance, and land distnrbing activities associated with structural or impervious development. Redevelopment does not include such activities as exterior remodeling.

16. “Regional storm water management facilities” means those facilities designed to handle storm water runoff from several lots which may inc! ude the entire subdivision, or multiple subdivisions, and may include existing developed areas.

17. “Retention basin” means storm water management practice that captnres storm water runoff, and does not directly discharge to a surface water body. Water that is “retained” is “discharged” from the basin either by infiltration or evaporation.

18. “Return frequency” means the statistic parameter that defines the average occurrence time for a storm of a given magnitude.

19. “Site” means a lot, parcel or tract ofland (or portion thereof) where development is occurring or has occurred and which may or may not require additional permits.

20. “Site plan” means an overall plan of the area to be developed including, but not limited to: proposed building location, proposed parking and drive locations, proposed utilities including storm sewer components and subsnrface drain tile, proposed ground elevations with drainage patterns highlighted, roof drainage outlet locations, other underground utilities, and property boundaries.

21. “Storm sewer system” means facilities for the conveyance of storm water runoff, a series of conduits and appurtenances, to accommodate frequent storms not generating large peak discharges. These facilities usually include conduits, street gutters and swales.

22. “Storm water management facilities” means a detention/retention basin and the associated appurtenances to make the system functional. 23. “Storm water management plan” means a site plan ce11ified by a Civil Engineer, including materials, construction phasing, grading activities, and methods used for mitigation of increased storm water runoff from the site.

24. “Storm water runoff’’ means the flow of water resulting from precipitation upon a surface area, not absorbed by the soil or plant material.

25. “Subdivision”- refer to Chapter 16.04 of this Code of Ordinances.

13.22.03 AREAS REQUIRING STORM WATER MANAGEMENT PLAN. A storm water management plan shall be required for the following:

1. Any development or redevelopment disturbing one acre or more of land, and to any development or redevelopment disturbing less than one acre if the amount of impervious cover created or recreated exceeds 10,000 square feet. The following activities are exempt from this chapter:

a. Any agricultural activity which is consistent with an approved soil

conservation plan.

b. Additions or modifications to existing single-family structures.

c. Developments that do not disturb more than 43,560 square feet of land provided they are not part of a larger common development plan.

d. Repairs to any stonnwater BMPs deemed necessary by City.

2. Other developments or redevelopments may be required to submit a Storm Water Management Plan at the discretion of the Public Works Director. No subdivision or development plan will be approved unless adequate drainage will be provided to an appropriate storm sewer, drainage watercourse, or storm sewer management facility.

3. At the discretion of the City Council, a fee may be charged the developer in lieu of providing storm water management facilities. This may be utilized when the City is constructing a larger regional storm water management facility to handle multiple existing or proposed developments.

13.22.04 STORM WATER MANAGEMENT REQUIREMENTS. The stonn water management plan shall include, but not be limited to, the following information:

I. Peak discharges for pre-developed and post-developed conditions based upon the design storms.

2. Individual parameters used for determining discharges shall be listed.

3. Hydraulic capacity of storm sewer inlets, pipes, open chmmels or other means of conveying water.

4. Storm water management facility design with capacity listed.

5. Control structure/outlet design.

6. Review of existing or proposed downstream conveyance capacities.

7. Storm water runoff calculations. Said calculations shall be made utilizing one of the following approved methodologies:

A. Rational Formula,

B. TR-55 Urban Hydrology for Small Watersheds as developed by the USDA Natural Resources Conservation Service,

C. Hydrographs.

The calculations shall be certified by a Civil engineer licensed in the State of lowa and familiar with such calculations.

13.22.05 STORM WATER MANAGEMENT PLAN DESIGN REQUIREMENTS. The design requirements of the Storm Water Management Plan shall include:

1. For new developments or redevelopments where storm water management facilities are required as set forth in this ordinance, the maximum allowable storm water runoff from the site in the post -developed condition shall be limited to the rate for the site in the pre-developed condition for the 2-year, 10-year, and 1 00-year design storms. The discharge rate shall be controlled at the detention/retention facilities outlet and NOT by the size of the storm sewer pipe serving the site. Retention facilities may be used in lieu of detention facilities with approval from the Public Works Director.

2. A safe overflow path for a 100-year, 24 hour storm as defined by the Iowa Stormwater Management Manual shall be provided. The spillway and/or overflow route must be able to safely pass overflows without creating damaging conditions downstream of the facility

3. Regional storm water management facilities are encouraged.

4. For all new developments disturbing one acre or more of land, footing drain collector sewers shall be installed as specified by the Iowa Storm Water Management Manual.

5. For new residential developments, storm water detention is not allowed within any front or side yard setbacks required by the Zoning Ordinance, or within 25 feet from the estimated rear building line. A single lot detention or retention will not be allowed within 3 feet of rear building lot line.

6. Dry-bottomed detention basins shall be oversized by 10% to help offset anticipated sedimentation. An alternative to over-sizing is the construction of a series of sediment trapping fore bays in the basin with firm bottoms which allow routine removal of sediment.

7. Maximum side slopes of detention/retention basins shall not exceed 3:1.

8. Provisions shall be made to keep the bottom of the detention basin dry unless a permanent pond or lake is being utilized for detention. All pond and lake designs shall incorporate an Access bench.

9. The proposed development shall be designed with proper regard to topography, surface drainage, natural drains and streams, wooded areas, and other natural features. The design of the proposed improvements shall make adequate provisions for surface and subsurface drainage so as to NOT increase the danger of erosion, flooding, landslide or other endangerment of adjoining or surrounding property

10. Design and construction of Storm water management facilities shall follow Iowa Storm Water Management Manual guidelines, as may be amended from time to time. In the event of a discrepancy between the ordinance and the Iowa Storm Water Management Manual guidelines, the ordinance shall govern.

13.22.06 SUBMISSION AND APPROVAL OF PLAN. The Storm Water Management Plan shall be a required attachment to the Site Plan, all of which is to be submitted to the Public Works Director for review. The Storm water management plan, including proposed storm water detention or retention facilities, shall be reviewed and approved by the Public Works Director (or those chosen by the Director) prior to the issuance of any building permit for the proposed development. The City may inspect the site at any time to determine compliance with this chapter. Upon determination that a Site is not in compliance with this chapter, the City may issue a stop work order until compliance is achieved. The order shall describe the problem, specify a completion date, and indicate the penalties to be assessed for further noncompliance.

13.22.07 OWNERSHIP BY CITY. Regional storm water management facilities which are of sufficient size may be deeded to the City to be maintained by the City. The conditions for City ownership will be reviewed on a case-by-case basis. The City is under no obligation to accept ownership of the facility. If the City elects to obtain ownership of the facility, the property owner shall dedicate to the City any property on which public storm sewer detention/retention basins will be located with a 25-foot perimeter (subject to change) to establish and maintain a vegetative buffer. Ingress-egress easements for maintenance of public facilities shall be provided prior to final approval.

13.22.08 PRIVATE OWNERSHIP. For sites on which privately owned storm water detention or retention facilities are located, the property owner will be responsible for the following:

I. All future grading, repairs, and maintenance.

2. Maintenance of the minimum storm water detention capacity, as originaily designed.

3. Maintenance of the detention/retention basin control structures and discharge pipes to insure the maximum theoretical design release rate is not increased.

4. The property owner shall not place fill material, or erect any buildings, obstructions, or other improvements on the area reserved for storm water detention or retention purposes, unless approved in writing by the City.

13.22.09 RIGHT-OF-ENTRY FOR INSPECTION. When any new Storm water management facility is installed on private property, or when any new connection is made between private property and a public stonnwater management facility, the property owner shall grant to City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a propetiy when the City has a reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this ordinance.

13.22.10 FURTHER REQUIREMENTS. Compliance with this chapter does not relieve the developer or property owner of other responsibilities relating to storm water discharge. This includes, but is not limited to, obtaining NPDES storm water discharge permits regulated by the Iowa Department of Natural Resources, and other State oflowa and Federal requirements such as storm water pollution prevention plans and generally accepted erosion control measures.

13.22.11 EXEMPTIONS. The following are exempt from the requirements of the chapter:

I. Agricultural use ofland.

2. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.

3. Areas deemed appropriate by the City Council.

13.22.12 PENALTIES. Any person who shall engage in development of a site within the area of jurisdiction of this chapter before meeting the requirements of this chapter shall be subject to the following: No right-of-way permits or building permits shall be issued for the property in question until the violations are corrected. Nothing contained herein shall limit the right of the City to any other remedies available to the City for the enforcement of this chapter, including the use of municipal infractions. Enforcement of this section shall be the responsibility of the City.

13.22.13 OBJECTIONS. Any objections to decisions made pursuant to this chapter shall be reviewed by the City Council.

SECTION 2. REPEALER. Any ordinances or pmis of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 3. SEVERABILITY. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4. WHEN EFFECTIVE. This Ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

 

 

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