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HomeMy WebLinkAboutORD637ORDINANCE NO.637 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,PINAL COUNTY,ARIZONA,AMENDING CHAPTER 13 OF THE APACHE JUNCTION CITY CODE,SECTION 13-2-3,STREET IMPROVEMENTS,BY REPEALING SECTIONS 13-2-3.6 AND C,AND ENACTING SECTIONS 13-2-3.6 AND C OF THE APACHE JUNCTION CITY CODE;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. NOW,THEREFORE,BE IT ORDAINED BY THE MAYORANDCITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I Sections 13-2-3.6 and C,as contained in Chapter 13 of the Apache Junction City Code are hereby repealed. SECTION I I Sections 13-2-3.6 and C of Chapter 13 of the Apache Junction City Code shall be enacted to read: B.I t shall be a condition precedent to the issuance of a building permit for new construction within the City that the required street right-of-way dedications and improvements be made as set forth in the street classification plan of the City of Apache Junction.This provision,however,shall not be appli- cable to-the construction or installation of individual,single family construction on individual lots which are in existence at the time of passage of this Ordinance or which are subsequently created without the necessity of an applicant to comply with City and State subdivision requirements. C.The Director of Public Works may postpone the installation of required off -site improvements provided the applicant enters into an agreement to install improvements by a specific date and/or in conjunction with projects being constructed by the City,State,County or other developers in the vicinity.In granting said postponement,the Director of Public Works may require other interim improvements as deemed necessary for public safety,drainage,maintenance or other purposes.Factors which the Director of Public Works shall consider in determining whether or not improvements shall be postponed include: 1.)Inability to establish grade or center at the time of application. 2.)The subject improvement would be less than one-half (1) block or one hundred fifty feet (150')in length. ORDINANCE NO.637 PAGE ONE OF THREE 3.)Other pending improvements as a street improvement district or major utility work which would make the subject improve- ment impractical atthetime of application for building permit. Should the Director of Public Works deny a request for postponement of off -site improvements,the applicant may appeal the denial as follows: 1.)Applicant shall submit a written letter to the Department of Public Works asking that the City Council review the decision. 2.)The Director ofPublicWorks may refer the matter to the Development Coordination Committee for review and recomm- endation. 3.)The Director of Public Works and the Development Coor- dination Committee shall submit recommendations to the City Council for action. SECTION III REPEALING 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 references,are hereby repealed. SECTION IV PROVIDING FOR SEVERABILITY I f any section,sub -section,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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 2ND DAY OF AUGUST ,1988. SIGNED AND ATTESTED TO THIS 13TH DAY OF SEPTEMBER ,1988. ORDINANCE NO.637 PAGE TWO OF THREE NORMAN S.HILL Mayor ATTEST: LLYKATHLEENCONNELLY City Clerk APPROVED AS TO FORM: ,ORDINANCE NO.637 PAGE THREE OF THREE •