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HomeMy WebLinkAboutORD682ORDINANCE NO.682 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 13 PUBLIC WORKS,ARTICLE 13-2 STREETS AND SIDEWALKS BY AMENDING SECTION 13-2-2 DEFINITIONS AND BY ADDING NEW SECTIONS 13-2-6 IMPROVEMENT OF STREETS PRIOR TO DEVELOPMENT OF ADJACENT PROPERTY AND SECTION 13-2-7 STREET FINANCING POLICY FOR IMPROVEMENT DISTRICTS RELATING TO THE CONSTRUCTION OF AND FINANCING OF STREETS AND RELATED IMPROVEMENTS IN THE CITY BY PROPERTY OWNERS;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;PROVIDING FOR SEVERABILITY;AND PROVIDING PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION 1 IN GENERAL The City Code of the City of Apache Junction,Chapter 13 Public Works Article 13-2 Streets and Sidewalks is hereby amended by revising Section 13-2-2 Definitions and by adding new Section 13-2-6 Improvement of Streets Prior to Development of Adjacent Property and by adding new Section 13-2-7 Street Financing Policy for Improvement Districts,to read as follows: Section 13-2-2 Definitions The following definitions will be added to or revised as follows: CITY:City of Apache Junction,a municipal corporation. COST:The actual cost of: 1.Right-of-way acquisition. 2.Construction of the public street improvements as determined by the construction contract price and/or by actual costs if work was not performed under contract. 3.Inspection,testing and permit fees. 4.Engineering fees required for the preparation of plans and specifications. 5.Other incidental fees required to complete the improvements. COUNCIL:The City Council of the City of Apache Junction. DEVELOPMENT:Includes construction of residential, commercial or industrial projects or major additions or alterations to existing structures and includes new buildings or structures on property having existing buildings or structures situated thereon.When such property is zoned for agricultural or single-family • residential use at the time of assessment,subsequent development shall require a change of use or purpose (construction of buildings or structures on vacant, undeveloped property is considered a change of use of purpose). PROPERTY OWNER:The individual,corporation,partnership, trust or other legal entity that owns property adjacent to the street right-of-way. RIGHT-OF-WAY:Land which by deed,conveyance,agreement, easement,dedication,usage or process of law is reserved for or dedicated to the general public for street, highway,alley,public utility,pedestrian walkway, bikeway,drainage or other purposes. STREETS:The full width of the right-of-way,easements or federally patented easements and any road,street, highway,alley,land or pedestrian walkway used by or for the general public,whether or not said road,street, highway,alley,land or pedestrian right-of-way has been improved or accepted for maintenance by the city. Section 13-2-6 Improvement of Streets Prior to Development of Adjacent Property A.Street Improvements;Assessment Policy 1.The Council may determine that certain streets within the city shall be constructed or improved prior to development of the property adjacent to said streets in accordance with Title 48,Chapter 4 of the Arizona Revised Statutes as heretofore and hereafter amended or as hereafter provided by this ordinance. 2.I f deemed necessary the Council may order said streets constructed or improved at city expense. Such expense shall be assessed against the adjoining property subject to the following: ORDINANCE NO.682 PAGE TWO OF SEVEN a.The assessment of adjoining property for streets shall not exceed the cost of improving more than one-half of the street width. b.Any parcel of land which at the time of assessment is used for single-family residential use,shall not be assessed greater than one-half the costs of a residential street. c.The assessment of property for all related work shall not exceed the actual costs incurred by the city prior to and at the time of construction. • B.Street Improvements;Assessment Procedure 1.The Council,at a public hearing,shall determine the necessity of street improvements i f the cost thereof is to be assessed against adjacent property. Notice of said hearing shall be given to the property owners who would be assessed for the costs of the improvements by regular mail no less than ten days prior to the date of the hearing.Notice of hearing shall contain: a.A description of the proposed street improvements. b.The estimated cost for each affected parcel of property. c.The date,time,and place that the Council shall consider the necessity of improvements and adoption of a resolution of intention. Notice shall also be published in a newspaper of general circulation,published or circulated in the City of Apache Junction and,in addition,shall conspicuously be posted along the line of the proposed improvements at least ten days prior to the hearing. 2.The property owners and any other persons directly interested in the work or in the assessment,may, prior to the time fixed for the hearing file in the office of the city clerk a written objection briefly specifying the grounds for objection. 3.At the public hearing,the governing body shall hear and pass upon any objections to the proposed improvements and its decision shall be final and conclusive.It may modify the extent of the proposed improvements and proceed without the necessity for republishing,reposting,and remailing new notices. 4.At the conclusion of the hearing,the City Council may pass its resolution of intention directing that plans,specifications and estimates of the cost and expenses of the proposed improvements be prepared. 5.Upon completion of construction and finalization of the project,the Council shall by resolution at a public hearing determine the final cost of the improvements and assess against the properties adjacent to the street improvement the total amount of the costs and expenses for the work.Notice of this public hearing shall be given to the property owners who would be assessed for the costs of improvements,by regular mail at least ten (10)days ORDINANCE NO.682 PAGE THREE OF SEVEN • prior to the date of the hearing.This notice shall contain: a.A description of the street improvements;and b.The amount of the proposed assessment for each affected parcel of property. 6.The property owners and any other persons directly interested in the work or in the assessment who have any objection to the legality of the assessment or to any of the previous proceedings connected therewith,or who claim that the work has not been performed according to the contract,may,prior to the time fixed for the hearing file in the office of the city clerk a written notice briefly specifying the grounds for objection.At the time fixed for the hearing or at any time thereafter to which the hearing may be postponed,the Council shall hear and rule upon the objections.The decision of the Council shall be final and conclusive as to all errors,informalities and irregularities which the Council might have remedied or avoided at any time during the progress of the proceedings. 7.The Council's resolution shall provide that any assessments remaining unpaid shall be paid prior to or at the time of rezoning and/or development of the assessed property. 8.The resolution declaring the assessment and describing the properties against which the assessments are imposed shall be recorded in the office of the Pinal County Recorder.When so recorded the amount so assessed shall be a lien upon the properties until such assessments are paid. 9.When i t is necessary to improve a full street and sufficient right-of-way is not available,the City may obtain necessary right-of-way by rezoning, building permit,street abandonment,donation, acquisition or condemnation.Any costs incurred by the city to obtain right-of-way shall be assessed to that respective parcel. C.Manner of Collecting Unpaid Assessments at Time of Rezoning or Development 1.At the time of rezoning and/or development of the property the applicant shall pay the assessment as previously determined by the city prior to the city's processing of a rezoning application or issuance of a building permit.Should the rezoning application or building permit not be approved or issued,said ORDINANCE NO.682 PAGE FOUR OF SEVEN payment shall be returned to the applicant whereupon the process may be repeated until the property is rezoned and/or developed and the assessment paid. Section 13-2-7 Street Financing Policy for Improvements Districts A.Improvements in General:The cost of all street and related improvements including but not limited to paving, storm drains,utility installations,landscaping, signalization and lighting located in or adjacent to new projects or areas to be developed or redeveloped,shall be the full responsibility of the owner of such an area to be developed or redeveloped.Construction of such improvements shall meet applicable standards of the City of Apache Junction.I f approved by the City,said improvements may be constructed as part of an improvement district in accordance with subsection B. B.Improvement Districts:I f the improvements required by Subparagraph A above are constructed as part of an improvement district,the provisions of this subparagraph shall apply. 1.Except as provided in Subparagraphs 2,3 and 4 below, property in an improvement district shall be assessed for all the street and related improvements constructed pursuant to the improvement district and shall be assessed in accordance with the method of assessment adopted by the City Council for the cost of said improvements. 2.Except in an improvement district created primarily to benefit existing single-family residential uses, an existing single-family residential use may receive a credit for the street and related improvements equal to its assessment as determined by the assessment method for the improvement district. I f said existing single-family residential use changes to use other than single-family residential use,then upon rezoning or upon development (defined as issuance of a building permit for a use other than a single-family residential use on the property) the credit shall be extinguished and any amount credited for the construction of the improvements by the improvement district shall be paid to the City.No zoning change shall be approved nor building permit be issued for the property related to a change of use from a single-family residential use until the amount of said credit is paid. 3.A single-family residential use existing at the time of the adoption of a resolution of intention to create the improvement district may be included in the improvement district.I f included in the • ORDINANCE NO.682 PAGE FIVE OF SEVEN district and i f the district is not created primarily to benefit existing single—family residential uses, the owner of such property shall either: a.pay the assessments associated with that property,or b.enter into an agreement with the City which provides the terms and conditions under which the City will pay the cost (assessments)of the improvements and property owner repays those costs (assessments)upon a zoning change, development of the property (defined as issuance of a building permit for a use other than a single—family residential use),or sale of any of the property. 4.The assessments for street and related improvements in a subdivision may be paid by the subdivider of the subdivision rather than the purchaser of the lots from the subdivider i f the subdivider enters into a contract with the City for the payment of said assessments.Said contract shall be recorded in the office of the Pinal County Recorder. SECTION I I PROVIDING FOR REPEAL OF ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Any person found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor,and upon conviction thereof,shall be punished by a fine of not to exceed one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed six (6)months,or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as herein described. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 16TH DAY OF JANUARY ,1989.90 ORDINANCE NO.682 PAGE SIX OF SEVEN • SIGNED AND ATTESTED TO THIS 17TH DAY OF JANUARY ,198-9.90 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: VIZT" F ErAlltfttP City Attorney ORDINANCE NO.682 PAGE SEVEN OF SEVEN ETH BLUNTSCHLY Mayor