Highland city council agenda
Sienna Estates subject to the six stipulations recommended by staff
Download 0.66 Mb. Pdf ko'rish
|
- Bu sahifa navigatsiya:
- Proposed Final Plat
- 7240531 BRIAN A. LINAM
- CITY COUNCIL AGENDA REPORT ITEM 4 DATE
- SUBJECT: ORDIANANCE
- PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE.
|
Sienna Estates subject to the six stipulations recommended by staff. ALTERNATE MOTION: I move that the City Council DENY the preliminary plat subject to the following findings (the Council should draft appropriate findings that demonstrate the proposed plat does not meet the standards established in the Development Code). FISCAL IMPACT: This action will not have a financial impact on this fiscal year’s budget expenditures. ATTACHMENTS: 1.
SURVEYOR'S CERTIFICATE I, BRIAN A. LINAM, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR, AND THAT I HOLD CERTIFICATE NO. 7240531 AS PRESCRIBED UNDER THE LAWS OF THE STATE OF UTAH. I FURTHER CERTIFY THAT BY AUTHORITY OF THE OWNERS, I HAVE MADE A SURVEY OF THE TRACT OF LAND SHOWN ON THIS PLAT AND DESCRIBED BELOW, AND HAVE SUBDIVIDED SAID TRACT OF LAND INTO LOTS AND STREETS HEREAFTER TO BE KNOWN AS: AND THAT THE SAME HAS BEEN CORRECTLY SURVEYED AND STAKED ON THE GROUND AS SHOWN ON THIS PLAT. BOUNDARY DESCRIPTION SIENNA SUBDIVISION 1605086sp.dwg FEE $________ RECORDED #_____________________ STATE OF UTAH, COUNTY OF SALT LAKE, RECORDED AND DATE_____________TIME____________BOOK_________PAGE__________ SALT LAKE COUNTY RECORDER ___________________________________ FILED AT THE REQUEST OF_______________________________________ SALT LAKE COUNTY RECORDER BENCHMARK ENGINEERING & LAND SURVEYING SIENNA SUBDIVISION LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN HIGHLAND CITY, UTAH COUNTY, UTAH LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN HIGHLAND CITY, UTAH COUNTY, UTAH SIENNA SUBDIVISION 1 inch = ft. ( IN FEET ) GRAPHIC SCALE 0 50
100 50 25 VICINITY MAP NTS
SITE 10400 NORTH 10100 NORTH 9860 NORTH 6000 WEST 5600 WEST 6400 WEST 5300 WEST BEGINNING AT A POINT EAST 711.93 FEET FROM THE NORTH QUARTER CORNER OF SECTION 2,TOWNSHIP 5 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN; THE WESTERLY LINE OF 10400 NORTH SUBDIVISION RECORDED OCTOBER 27, 2011 AS ENTRY NO. 76693:2011 AT THE UTAH COUNTY RECORDER'S OFFICE; THENCE ALONG LINE AS DESCRIBED IN BOUNDARY LINE AGREEMENT RECORDED AS ENTRY NO. TO THE NORTHERLY BOUNDARY LINE OF PINNACLE ESTATES PLAT A SUBDIVISION, ON FILE AT THE UTAH COUNTY RECORDER AS ENTRY NO. 84151:2003, (RECORD = SOUTH BOUNDARY LINES OF THE FOLLOWING SUBDIVISIONS, SAID NORTHERLY LINE OF PINNACLE ESTATES PLAT A, AND THENCE CONTINUING ALONG PINNACLE ESTATES PLAT B SUBDIVISION, ON FILE AT THE UTAH COUNTY RECORDER AS ENTRY NO. 149592:2003, AND THENCE CONTINUING ALONG RAWSON PLAT A SUBDIVISION ON FILE AT THE UTAH COUNTY RECORDERS OFFICE AS MAP FILING NO. 1980-8, (DEED = WEST 644.01 FEET), TO A FENCE, SAID FENCE LINE IS DESCRIBED IN A BOUNDARY LINE AGREEMENT RECORDED AS ENTRY NO. 29493:2005; THENCE ALONG SAID FENCE AND FEET TO THE POINT OF BEGINNING. CONTAINS 14.474 ACRES 15 LOTS
OWNER/DEVELOPER JOHNSON AND ALLPHIN PROPERTIES, LLC 10575 SOUTH RIVER FRONT PARKWAY # 110 SOUTH JORDAN, UTAH TELEPHONE: (801) 913-1420 FINAL PLAT LEGEND
SECTION CORNER (FOUND) BOUNDARY CORNER (SET 5
REBAR AND CAP OR NAIL AND WASHER STAMPED "BENCHMARK ENG.") MONUMENT TO BE SET SECTION LINE BOUNDARY LINE ADJACENT PROPERTY EASEMENT LINE PUBLIC UTILITY EASEMENT SETBACK QUESTAR GAS COMPANY QUESTAR HAS APPROVED THIS PLAT SOLELY FOR THE PURPOSE OF CONFIRMING THAT THE PLAT CONTAINS PUBLIC UTILITY EASEMENTS. QUESTAR MAY REQUIRE OTHER EASEMENTS IN ORDER TO SERVE THE DEVELOPMENT. THIS APPROVAL DOES NOT CONSTITUTE ABROGATION OR WAIVER OF ANY OTHER EXISTING RIGHTS, OBLIGATIONS OR LIABILITIES PROVIDED BY LAW OR EQUITY. THIS APPROVAL DOES NOT CONSTITUTE ACCEPTANCE, APPROVAL OR ACKNOWLEDGEMENT OF ANY TERMS CONTAINED IN THE PLAT, INCLUDING THOSE SET FORTH IN THE OWNERS DEDICATION AND NOTES AND DOES NOT CONSTITUTE A GUARANTEE OF PARTICULAR TERMS OF NATURAL GAS SERVICE. FOR FURTHER INFORMATION PLEASE CONTACT QUESTAR'S RIGHT OF WAY DEPARTMENT. APPROVED THIS _________ DAY OF __________ 20 ___ QUESTAR GAS COMPANY BY: ______________________ TITLE: ________________________ UTILITIES APPROVAL UTILITIES SHALL HAVE THE RIGHT TO INSTALL, MAINTAIN AND OPERATE THEIR EQUIPMENT ABOVE AND BELOW GROUND AND ALL OTHER RELATED FACILITIES WITHIN THE PUBLIC UTILITY EASEMENTS IDENTIFIED ON THIS PLAT MAP AS MAY BE NECESSARY OR DESIRABLE IN PROVIDING UTILITY SERVICES WITHIN AND WITHOUT THE LOTS IDENTIFIED HEREIN, INCLUDING THE RIGHT OF ACCESS TO SUCH FACILITIES AND THE RIGHT TO REQUIRE REMOVAL OF ANY OBSTRUCTIONS INCLUDING STRUCTURES, TREES AND VEGETATION THAT MAY BE PLACED WITHIN THE PUE. THE UTILITY MAY REQUIRE THE LOT OWNER TO REMOVE SUCH STRUCTURES AT THE OWNER'S EXPENSE, OR THE UTILITY MAY REMOVE SUCH STRUCTURES AT THE OWNER'S EXPENSE. AT NO TIME ANY PERMANENT STRUCTURES BE PLACED WITHIN THE PUE OR ANY OTHER OBSTRUCTIONS WITH INTERFERES WITH THE USE OF THE PUE WITH OUT THE PRIOR WRITTEN APPROVAL OF THE UTILITIES WITH FACILITIES IN THE PUE. ROCK MTN. POWER _______________________________ DATE: ______________ QWEST: ______________________________ DATE: _____________ COMCAST: _______________________________ DATE: _____________ PUE CITY ENGINEER SEAL RECORDER SEAL NOTARY PUBLIC SEAL SURVEYOR'S SEAL
MY COMMISSION NUMBER: __________________ ON THE_____DAY OF __________A.D., 20___, PERSONALLY APPEARED BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY OF UTAH IN SAID STATE OF UTAH, THE SIGNER( ) OF THE ABOVE OWNER'S DEDICATION, ______IN NUMBER, WHO DULY ACKNOWLEDGED TO ME THAT____________________ SIGNED IT FREELY AND VOLUNTARILY AND FOR THE USES AND PURPOSES THEREIN MENTIONED. ACKNOWLEDGMENT County of Utah STATE OF UTAH S.S. NOTARY PUBLIC (SIGNATURE) OWNER'S DEDICATION KNOWN ALL MEN BY THESE PRESENT THAT WE, ALL OF THE UNDERSIGNED OWNERS OF ALL OF THE PROPERTY DESCRIBED IN THE SURVEYOR'S CERTIFICATE HEREIN AND SHOWN ON THIS MAP, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS, BLOCKS, STREETS AND EASEMENTS AND DO HEREBY DEDICATE THE STREETS AND OTHER PUBLIC AREAS AS INDICATED HEREON FOR PERPETUAL USE OF THE PUBLIC. THE PUBLIC UTILITY EASEMENTS TO ALL PROVIDERS, PUBLIC OR PRIVATE. IN WITNESS HEREOF WE HAVE HEREUNTO SET OUR HANDS THIS ____________________ DAY OF _________________________, A.D. 20___________. OWNER
OWNER OWNER
OWNER MY COMMISSION EXPIRES: __________________ NOTARY PUBLIC (PRINT NAME) 15' 15'
30' 30'
30' 15'
30' 30'
TYPICAL SETBACK FOR CORNER LOT TYPICAL SETBACK STANDARD LOT THE DEPARTMENT OF PUBLIC WORKS AND ENGINEERING OF HIGHLAND CITY, COUNTY OF UTAH, APPROVES THIS SUBDIVISION AND HEREBY ACCEPTS THE DEDICATION OF ALL STREETS, EASEMENTS, AND OTHER PARCELS OF LAND INTENDED FOR PUBLIC PURPOSES FOR THE PERPETUAL USE OF THE PUBLIC THIS ________ DAY OF ______________ A.D., 20___. ACCEPTANCE BY LEGISLATIVE BODY APPROVED BY MAYOR APPROVED BY CITY ENGINEER (SEE SEAL BELOW) APPROVED THIS ________ DAY OF ______________ A.D., 20___ , HIGHLAND CITY ATTORNEY HIGHLAND CITY ATTORNEY CLERK - RECORDER (SEE SEAL BELOW) APPROVED THIS ________ DAY OF ______________ A.D., 20___ , PLANNING COMMISSION APPROVAL PLANNING COMMISSION CHAIR COMMUNITY DEVELOPMENT DIRECTOR NOTES: THERE ARE CONDITIONS OF APPROVAL ATTACHED TO THIS SUBDIVISION WHICH ARE INDICATED ON THIS PLAT. THESE CONDITIONS HAVE ALSO BEEN RECORDED WITH THIS SUBDIVISION. POTENTIAL BUYERS ARE REQUESTED TO READ THESE CONDITIONS CAREFULLY AND OBTAIN A COPY OF THESE CONDITIONS AND RESTRICTIONS PRIOR TO PURCHASING OR CONTRACTING TO PURCHASE ANY LOTS WITHIN THIS SUBDIVISION. THESE CONDITIONS ARE BINDING AND HAVE BEEN IMPOSED BY THE LEGISLATIVE BODY OF HIGHLAND CITY. A COPY OF THESE CONDITIONS MAY BE OBTAINED THROUGH THE UTAH COUNTY RECORDER'S OFFICE. IN ADDITION, HIGHLAND CITY HAS APPROVED BINDING ZONING LAWS THROUGH A LEGALLY BINDING DEVELOPMENT CODE. IT IS THE RESPONSIBILITY OF THE BUYER TO DO THEIR DUE DILIGENCE IN OBTAINING ALL ACCURATE INFORMATION AND/OR REGULATIONS THAT MAY DIRECTLY OR INDIRECTLY AFFECT THE USE OF PROPERTY PRIOR TO PURCHASING OR CONTRACTING TO PURCHASE ANY PROPRIETY ANYWHERE. SOME OF THE SIGNIFICANT ORDINANCES AND CONDITIONS OF APPROVAL CONVEYED ON THIS PROPERTY BY THE LEGISLATIVE BODY OF HIGHLAND CITY ARE AS FOLLOWS: 1. 70% OF THE FRONT YARD LANDSCAPING SHALL BE THE INSTALLED BY THE HOMEOWNER WITHIN ONE YEAR AFTER RECEIVING CERTIFICATE OF OCCUPANCY. 2. LANDSCAPING AND CONSTRUCTION MATERIALS OF ANY TYPE ARE NOT PERMITTED UPON OR WITHIN THE STREET, CURB AND GUTTER, OR SIDEWALK (STREET RIGHT OF WAY) WITH THE EXCEPTION OF THE PARKSTRIP WHICH REQUIRES 75% TO BE LANDSCAPED. 3. HIGHLAND CITY ORDINANCES RESTRICT HEIGHT OF FOUNDATION ABOVE CURB. IT IS THE RESPONSIBILITY OF THE BUYER TO CONTACT THE CITY PRIOR TO PURCHASING ANY LOT. THIS RESTRICTION APPLIES TO ALL LOTS IN THIS SUBDIVISION. SCALE: NTS LOOKING NORTH OR EAST 56.00'
56.00' 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUD 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUE 10.0' PUE HEREBY DEDICATED TO HIGHLAND CITY 7,117 SQ. FT. OR 0.163 ACRES HEREBY DEDICATED TO HIGHLAND CITY 78,624 SQ.FT. OR 1.805 ACRES 10.0' PUE 28.0' 28.0'
CITY COUNCIL AGENDA REPORT ITEM # 4 DATE: Tuesday, June 20, 2017
Honorable Mayor and Members of the City Council
Tim Merrill
City Attorney SUBJECT: ORDIANANCE: Amending Highland City Municipal Code 12.28 relating to the Approval of Private Open Space Maintenance Agreements STAFF RECOMMENDATION: City Council adopt amendment to Private Maintenance of Public Open Space Property Ordinance.
In October 2016, a resident asked the City to remove the moratorium on Open Space Maintenance Agreements. For several years, the City had favored disposal of open space remnants through surplus and sale rather than private maintenance. However, there are certain open space areas which cannot be disposed of because there is some condition (such as a utility easement) that requires the City to retain ownership. To address these types of open space areas, the City Council adopted an Ordinance on January 10, 2017 allowing once more for private maintenance agreements where property disposal was not a viable option.
To avoid "checker boarding" of the open space, and to better coordinate with neighborhoods as a unit rather than piecemeal the open space as individual residents approach the City on an case-by-case basis, Staff proposes that residents petition for open space maintenance approval in a fashion similar to how the City currently handles open space disposal.
The proposed amendment requires a resident to submit a petition as required to dispose of open space. The amendment also clarifies that when there are two residents who have open space between them, priority is given to the resident who lives in the subdivision in which the open space was dedicated.
None
ATTACHMENTS: 1. Proposed Amendment to Ordinance 2. Current Ordinance, 12.28 of Municipal Code ORDINANCE NO. 2017-**
PRIVATE MAINTENANCE OF PUBLIC OPEN SPACE PROPERTY; ALSO PROVIDING AN EFFECTIVE DATE AND SAVINGS CLAUSE.
WHEREAS, the City of Highland passed an ordinance on January 10, 2017 regulating private maintenance agreements; and
Council to pass ordinances which are reasonably and appropriately related to the providing for the public health, safety, morals, convenience, order, prosperity, and general welfare of the City and its residents; and
coordinate entering into agreements with citizens for the private maintenance of City-owned open space; and
CITY, THAT §12.28 OF THE HIGHLAND MUNICIPAL CODE BE AMENDED AS FOLLOWS:
12.28.030 Open Space Subdivision Maintenance Petition and Plan Property owners surrounding open space land that is eligible for private maintenance may submit a open space subdivision maintenance plan to city council. As part of the application to privately maintain open space, an applicant shall include a petition as required in Section 12.32.40. The maintenance plan shall identify all the areas within the subdivision that are being proposed for private maintenance. The city council shall then approve, approve with conditions, or deny the open space subdivision maintenance plan. The open space subdivision maintenance plan shall identify the property which is eligible for private maintenance, the type and level of landscape improvements, and any conditions associated with private maintenance of the property.
....
12.28.060 Submittal Requirements An application for an open space maintenance agreement area shall contain:
A.
Completed petition as required in Section 12.32.40. A. B. Completed application form and fee. B. C. A conceptual improvement plan that shows with a reasonable detail level the
planned improvements and landscape plan for all areas within the subdivision that are being proposed for private maintenance. D.
Additional information as specified by city staff.
....
12.28.070 Review And Approval A.
All applications for open space maintenance agreements shall be transmitted to the city administrator or designee for review. B.
open space maintenance agreement:
1. That the proposed improvements are consistent with and meet the requirements of the open space subdivision maintenance plan approved by the city council. 2.
That the proposed agreement will not be materially detrimental to the health, safety or general welfare of homeowners, persons residing, or working within the neighborhood of the proposed agreement, or have an adverse effect on the property, or adjacent properties. 3.
property's unique characteristics, utilities, easements, or encumbrances that prohibit the land from being sold. C.
application after review of the application. The city administrator or designee may place any conditions which are deemed necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the city, and which are required to preserve the public health, safety and general welfare. D.
the property owner who resides in the subdivision for which the open space was dedicated for the City.
If any provision or clause of this chapter or its application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses, or applications which can be implemented without the invalid provision, clause, or application. To this end, the provisions of this chapter are declared to be severable.
This amendment to the ordinance shall become effective on the date passed by the City Council of Highland.
PASSED AND ADOPTED by the Highland City Council, Highland Utah this 20 th day of June, 2017.
________________________________
Mark S. Thompson, Mayor
ATTEST:
________________________________ JoD’Ann Bates, City Recorder CMC
YES
NO Brian Braithwaite □ □
Dennis LeBaron □
□ Tim Irwin □ □
Ed Dennis □
□ Rod Mann □ □
6/13/2017 Print Preview https://highland.municipalcodeonline.com/book/print?type=ordinances&name=Chapter_12.28_PRIVATE_MAINTENANCE_OF_PUBLIC_OPEN_SPACE_PROP… 1/5 Chapter 12.28 PRIVATE MAINTENANCE OF PUBLIC OPEN SPACE PROPERTY 12.28.010 Purpose 12.28.020 De??????nitions 12.28.030 Open Space Subdivision Maintenance Plan 12.28.040 Public Notice 12.28.050 Open Space Maintenance Agreement 12.28.060 Submittal Requirements 12.28.070 Review And Approval 12.28.080 Appeal 12.28.090 Effect Of Approval 12.28.100 Irrigation And Grading 12.28.110 Costs 12.28.120 City Rights 12.28.130 Pressurized Irrigation Water 12.28.010 Purpose If a piece of open space land cannot be disposed of, city council may allow private maintenance of the property subject that such maintenance is in the public interest. The purpose of this chapter is to outline the process of Open Space Maintenance Agreements. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.020 De??????nitions For the purpose of this chapter the following words and phrases shall have the following meanings: "Open space land" means land owned by the city and designated by the city for the use of the residents of Highland. "Open space maintenance agreement" means an agreement between the city and a private property owner allowing for the maintenance of speci??????cally de??????ned public open space property. "Open space subdivision maintenance plan" means a plan approved by the city council which speci??????es publicly owned land that is available for private maintenance and the level or type of landscape improvements that can be installed by a private property owner for a speci??????c subdivision. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02 on 1/10/2017 12.28.030 Open Space Subdivision Maintenance Plan 6/13/2017 Print Preview https://highland.municipalcodeonline.com/book/print?type=ordinances&name=Chapter_12.28_PRIVATE_MAINTENANCE_OF_PUBLIC_OPEN_SPACE_PROP… 2/5 Property owners surrounding open space land that is eligible for private maintenance may submit a open space subdivision maintenance plan to city council. The city council shall then approve, approve with conditions, or deny the open space subdivision maintenance plan. The open space subdivision maintenance plan shall identify the property which is eligible for private maintenance, the type and level of landscape improvements, and any conditions associated with private maintenance of the property. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.040 Public Notice No open space subdivision maintenance plan shall be acted upon without ??????rst providing public notice as follows: A. All property owners within two hundred ??????fty feet of the exterior boundaries of the property subject to the application, including the proposed area for maintenance, as shown on the last assessment of the property shall be sent notice by ??????rst class mail, postmarked at least fourteen days prior to the city council acting upon the plan. Included in the notice shall be the proposed open space subdivision maintenance plan. It shall be the responsibility of the city to mail the notice. Residents submitting the proposed plan will provide addressed and stamped envelopes of property owners within two hundred ??????fty feet of the exterior boundaries of the residents’ property and the subject property. B. A notice shall be posted on or near the subject property in at least one location on a form prescribed by the city staff. The posted notice shall be placed on the property at least fourteen days prior to the city council acting upon the plan. It shall be the responsibility of the applicant to post and maintain the sign for the entire fourteen days. C. Notwithstanding the notice requirements set forth in this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02 on 1/10/2017 12.28.050 Open Space Maintenance Agreement Once an open space subdivision plan has been approved by city council, each individual property owner must enter into an open space maintenance agreement on a form approved by the city council prior to installation or construction of any improvements. The agreement shall allow the city to access and maintain the property as needed for public infrastructure installation and maintenance. Said agreement shall be maintained in the of??????ce of the city recorder. In addition, notes on the agreement shall be made in the utility account of the property owner. Ownership of property remains with the city and the agreement does not imply any transfer of ownership or control of the land. Property should be considered and treated like “common area” for the enjoyment of all Highland citizens. Resident is responsible for the care, maintenance, upkeep, repairs, and condition of the property.
6/13/2017 Print Preview https://highland.municipalcodeonline.com/book/print?type=ordinances&name=Chapter_12.28_PRIVATE_MAINTENANCE_OF_PUBLIC_OPEN_SPACE_PROP… 3/5 (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.060 Submittal Requirements An application for an open space maintenance agreement area shall contain: A. Completed application form and fee. B. Completed open space maintenance agreement. C. A conceptual improvement plan that shows with a reasonable detail level the planned improvements and landscape plan. D. Additional information as speci??????ed by city staff. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02 on 1/10/2017 12.28.070 Review And Approval A. All applications for open space maintenance agreements shall be transmitted to the city administrator or designee for review. B. The city administrator or designee shall make the following ??????ndings before approving an open space maintenance agreement: 1. That the proposed improvements are consistent with and meet the requirements of the open space subdivision maintenance agreement approved by the city council. 2. That the proposed agreement will not be materially detrimental to the health, safety or general welfare of homeowners, persons residing, or working within the neighborhood of the proposed agreement, or have an adverse effect on the property, or adjacent properties. 3. That the proposed improvements will not be materially detrimental to the property's unique characteristics, utilities, easements, or encumbrances that prohibit the land from being sold. C. The city administrator or designee may approve, approve with conditions, or deny any application after review of the application. The city administrator or designee may place any conditions which are deemed necessary to mitigate potential impacts and ensure compatibility of the use with surrounding development and the city, and which are required to preserve the public health, safety and general welfare. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010; Ord. No. 2011-17, § 2, 8-2-2011) Amended by Ord. 2017-02
on 1/10/2017 12.28.080 Appeal A. The action of the city administrator or designee may be appealed to the city council by the applicant or any interested party. Such requests for appeal must be submitted on a written notice of appeal to the city recorder within fourteen days following the date of the city administrator or designee's action. 6/13/2017 Print Preview https://highland.municipalcodeonline.com/book/print?type=ordinances&name=Chapter_12.28_PRIVATE_MAINTENANCE_OF_PUBLIC_OPEN_SPACE_PROP… 4/5 B. The city council shall act to af??????rm or reverse, in whole or in part, or modify the city administrator or designee's decision. Any action to grant an open space maintenance agreement, either through af??????rmation, modi??????cation, or reversal of the city administrator or designee's decision, must include required ??????ndings as provided in this chapter. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.090 Effect Of Approval Open space maintenance agreements are intended to run with the land. All open space maintenance agreements shall be valid for a period of ten years from the date it is executed by both parties. Thereafter, the agreement shall continue from year to year by automatic renewal unless it is terminated through written notice by either party or through breach of agreement terms. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.100 Irrigation And Grading The property owner shall coordinate with city staff on any alteration and/or repair of city irrigation systems or the creation of a new irrigation system within the private maintenance area. The property owner shall also coordinate with city staff on any grading of the property. After receiving approval, the property owner shall not dig on the property without ??????rst having the property blue staked. (Ord. No. 2010-19, § 2(Exh. A), 11-16-2010) Amended by Ord. 2017-02
on 1/10/2017 12.28.110 Costs The property owner shall bear all costs related to the improvements and maintenance. Adopted by Ord. 2017-02 on 1/10/2017 12.28.120 City Rights Open space maintenance agreements do not limit the City or Highland resident’s right to and enjoyment of the property, including access to and right of entry upon property at any time. The city may conduct its own infrastructure and trails maintenance on the property and use property according to city needs. Adopted by Ord. 2017-02 on 1/10/2017 12.28.130 Pressurized Irrigation Water 6/13/2017 Print Preview https://highland.municipalcodeonline.com/book/print?type=ordinances&name=Chapter_12.28_PRIVATE_MAINTENANCE_OF_PUBLIC_OPEN_SPACE_PROP… 5/5 The water shares for the open space property have already been dedicated to Highland City as a part of the development process and as such no new water shares need to be allocated to the open space property. Adopted by Ord. 2017-02
on 1/10/2017 |
