HomeMy WebLinkAboutOrdinance-1986-0658INTRODUCED BY COUNCILMEMBER FLASCO
ORDINANCE NO. 658
Series of 1986
TITLE: AN ORDINANCE AMENDING SECTION 5-94.1 PUBLIC IMPROVEMENTS
REQUIRED OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE,
COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO AS FOLLOWS:
Section 1: Section 5-94.1 of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
Section 5-94.1. Public improvements required.
(a) Applications for building permits shall be reviewed by
the department of public works to determine whether the proposed
construction will require the installation or construction of
public improvements such as street paving, curbs, gutters,
sidewalks, drainage facilities, or other public improvements as
may be required by ordinance or the subdivision regulations.
(b) If it is determined by the department of public works
that any such public improvements are necessitated by the
proposed construction based upon the specific adverse effects
created by the proposed construction (such as, merely by way of
illustration and not by way of limitation, drainage traffic
street continuity), the department of public works shall so
inform the building official, and in such event a condition shall
be inserted in the building permit which shall require the
construction of such public improvement or public improvements by
the property owner and the dedication thereof to the city. All
such improvements are to be constructed in full compliance with
the City of Wheat Ridge Engineering Regulations, Design Standards
and Construction Specifications. The cost of any such
improvements shall be borne by the property owner, and the
construction thereof shall be at the sole cost, risk and expense
of the property owner, subject to the provisions of any
applicable city ordinance, regulations or policies. Failure to
construct any such required public improvements shall entitle the
city to withhold any certificate of occupancy.
(c) If it is determined by the Department of Public Works,
AFTER CONSIDERATION OF THE FACTORS SET FORTH IN SUBSECTION (e)
HEREOF, that such public improvements be placed at a later date,
a development agreement shall be executed.
(d) IN NO EVENT SHALL INSTALLATION OF CURBS, GUTTERS, OR
SIDEWALKS, NOR EXECUTION OF A DEVELOPMENT AGREEMENT, BE REQUIRED
IF THE COST OF INSTALLATION OF SAID CURBS, GUTTERS AND SIDEWALKS
EXCEEDS TEN PERCENT (10%) OF THE COST OF THE BUILDING PERMIT
VALUE.
(e) THE DEPARTMENT OF PUBLIC WORKS MAY DETERMINE THAT
PUBLIC IMPROVEMENTS NEED NOT BE IMMEDIATELY INSTALLED IF ANY OF
THE FOLLOWING CONDITIONS ARE MET:
(1) The installation of curbs, gutters and sidewalks
MAY not be required in any diatr4eh upon the eenat"etien
where less than half of the properties on the street extending
five hundred feet (500') from the lot line of the property in
question, on both sides of the fronting street, have in existence
curbs, gutters and sidewalks;
(2) No curbs, gutters and sidewalks MAY be required
for a remodeling of an existing building, or an addition to an
existing building which adds less than fifty percent (50%) of the
square footage existing to the prior to the addition;
(3) INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS WOULD
BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE.
IN ANY SUCH EVENT, A DEVELOPMENT AGREEMENT SHALL BE
SIGNED BY THE OWNER OF THE PROPERTY, PURSUANT TO THE SUBDIVISION
REGULATIONS OF THE CITY OF WHEAT RIDGE, WHICH DEVELOPMENT
AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT FOR TEN (10)
YEARS FROM THE DATE OF EXECUTION BY THE PROPERTY OWNER, UNLESS
SOONER RELEASED OF RECORD BY THE. CITY.
(f) Any owner, contractor or developer who is aggrieved by
a decision of the department of public works requiring
installation of such public improvements shall have the right to
appeal said department's determination to the Wheat Ridge City
Council by filing a written request for a public hearing before
said city council, which written request must be received by the
city clerk no later than thirty days after the department of
public works' determination. The appeal described shall be
determined by the city council following public hearing after
notice to all interested parties by posting, and shall be
conducted pursuant to the procedures for public hearings as
specified in the City of Wheat Ridge Subdivision Regulations.
(g) Each applicant for a building permit shall be provided
a copy of this ordinance at the time of application for said
building permit.
Section 2. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
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Section 3. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 4. This ordinance shall take effect fifteen (15)
day after final publication.
INTRODUCED, READ, AND ADOPTED on first
_8 to 0 on this 24rh day of FPhr„a,
ordered published in full in a newspaper of
in the City of Wheat Ridge and Public Heari
on final passage set for March 24
7:30 o'clock p.m., in the Council Chambers,
Avenue, Wheat Ridge, Colorado
reading by a vote of
y , 1986,
9general circulation
ng and consideration
1986, at
7500 West 29th
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 5 to 3 this 24th day of March
. 1986.
1986.
ATTEST:
Frank Stites, Mayor
Wanda Sang,' C ty C rk
1st Publication: 2/27 & 3/6/86
2nd Publication: 3/17/86
Wheat Ridge Sentinel:
Effective Date: May 2, 1986
SIGNED by the Mayor on this 25th day of March
APPROVE TO FORM BY
OFFIC 0 ORNEY:
14,1
Jo E. Hay s
3