11-1487 City Code UDC Text Amendment ZOA 11-002CITY OF MERIDIAN ORDINANCE NO. II ' ~ a
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE AMENDING TITLE 11 OF THE MERIDIAN CITY CODE AS
CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF
THE MERIDIAN CITY CODE; AND PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Unified Development Code is the official zoning ordinance for the City
of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a
tool that is relevant and contemporary to the needs of the City; and,
WHEREAS, the City Council of the City of Meridian deems it to be in the best interest
of the health, safety and welfare of its citizens to incorporate changes to the Unified
Development Code within the City of Meridian to provide for orderly growth and development
and to carry out the policies of Meridian's Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 11, Unified Development Code, of the Meridian City Code is
amended to read as follows:
Section Text
11-5C-1 PURPOSE:
The purpose of this article is to establish procedures that guarantee the completion of improvements where
city engineer signature on the final plat or occupancy of a structure is desired, but the improvements required
b the cit have not been cam leted.
11-5C-2 APPLICABILITY:
The provisions of this article shall apply to those improvements that are not needed to protect the public
health, safety and life (including, but not limited to: landscaping, fencing, pressurized irrigation systems and
site amenities) antl those. Improvements that are needed to protect the public health, safety and life
(including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power
facilities; parkin lot avin and stri in ;and street pavin
UDC TEXT AMENDMENT ORDINANCE -AUGUST, 2011 - ZOA 11-002 Page 1 of 3
Section Text
11-5C-3 PROCESS:
A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or
certificates of occupancy on the lots or land being developed or subdivided, or the stmctures constructed
thereon, if the improvements required under this title have not been constructed or installed, or if such
improvements are not functioning properly.
B. All improvements related to public life, safety and health shall be completed prior to occupancy of the
structures. Where approved by the city engineer, an owner may post a performance surety for such
improvements in order to obtain city engineer signature on the final plat. The amount of the performance
surety shall be established by City Council resolution. The estimated cost shall be provided by the
applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such
improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the
cost of improvements for a period of two (2) years.
C. In the event that an applicant antllor owner cannot complete the nonlife, nonsafety and nonhealth
improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature
on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the
procedures set forth in this chapter. The amount of surety called for shall be established by City Council
resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and
reviewed and approved by the director.
D. Sureties shall be in the form of a bond, an irrevocable letter of credit or a gash deposit. In all cases the
surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with
the regulations contained in the surety agreement by and between the guarantor and the city of Meridian.
E. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited
as provided by this article, the city may release temporary occupancy of a structure or structures. The
term of the temporary occupancy shall be determined by the city engineer antllor director. The term shall
not exceed one hundred eighty (180) days in length.
F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be
released subject to the following regulations:
1. The owner shall submit a written request to the city to lease the surety. The request shall include the
following documents:
a. A statement from the owner that the required improvements are complete.
b. Two (2) sets of prints of the as built plans and specifications for all improvements.
2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in
the surety agreement, have been installed antllor accepted by the city at the end of the warranty period.
The as built plans shall be reviewed and approved by the city engineer or director.
3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore
deposited in the manner and to the extent as provided for in the surety agreement in accord with the
regulations of this article.
UDC TEXT AMENDMENT ORDINANCE -AUGUST, 2011 - ZOA 1 1-002 Page 2 of 3
11-5C-4 ~ PENALTY FOR FAILURE TO COMPLETE CONSTRUCTION:
In the event an applicant and/or owner shall, in any case, fail to complete the public improvements in the time
period required, the city council may proceed to have such work completed and recover the city's costs by any
legal means available, including: foreclosing its lien or, in the event financial guarantees have been required,
to pursue the remedies provided by those financial guarantees.
Section 2. That all other provisions of Title 11 as they relate to the Unified
Development Code remain unchanged.
Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1)
reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance
shall be in full force and effect on ~ St 3)~' Z~iz
PASSED by the City Council of the City of Meridian, Idaho, this ~ day of
11_, 2011.
APPROVED by the Mayor of the City of Meridian, Idaho, this ~4~day of
2011.
APPROVED:
WEERD, MAYOR
ATTEST: ,/
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CEE OLMAN, C Y GLE "
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UDC TEXT AMENDMENT ORDINANCE -AUGUST, 2011 - ZOA 11-002 Page 3 of 3