Resolution - 1982 - 5-82 - Established Dr Application Fees - 08/17/1982
RESOLUTION ID. 5 - r 'L
BY mE CDUNCIL:
DECKER, HALEY, S'lOPPEUD, WALKER
A RESOLUTICN ESTABLISHING A DESIGJ REVIEW APPLICATICN FEE, AND ESTABLISHING
A pRJCEOORE FOR THE POSTING OF A PERFORMANCE OOND BY DESIGN REVIEW
APPLICANTS AND PIDVIDING AN EFFECTIVE DATE.
WHEREAS, the Eagle City Council finds that design review application
fees smuld be utilized to offset all or part of the administrative costs
of processing such application; and,
WHEREAS, it has been detennined by the Eagle City Council that the fee
adopted herein reflects the reas:mable costs to the City of Eagle to
process and administer design review applications; and
WHEREAS, the Eagle City Council at its regular neeting on April 13,
1982, upon recornœndation of the Design Review Board, found it to be
in the public interests of the City of Eagle to be in the furtherance
of the purposes and goals of Ordinance No. 55, as amended, to establish
the following fee schedule for design review applications:
For Design Review:
lO% of the oost of the inproverænt up to a
maximum of $75.00.
WHEREAS, ordinance No. 55, as amended, prevents the ZOning Administrator
from issuing a certificate of occupancy until all requirements of the
approved design review application have been rœt; and,
WHEREAS, integrity of the goals and purposes of the Design Review
Ordinance can be rraintained while at the sane tine penni tting occupancy
of a building in tb:>se cases where an applicant has substantially complied
with the conditions imposed on him pursuant to said Ordinance; and,
WHEREAS, a continuing financial guarantee of performance by an
applicant subject to the Design Review ordinance will assure faithful
aàhereance to the conditions inposed under said Ordinance, while allowing
such conditions to be completed in the event an applicant fails to do
so; and,
WHEREAS, the Eagle City Council at its regular neeting on April 13,
1982, upon reconmendation of the Design Review Board, found it to be
in the public interest of the City of Eagle and to be in furtherance
of the pur¡:oses and goals of Ordinance No. 55, as amended, to allow the
issuance of a temporary certificate of occupancy upon substantial
compliance with the conditions of the approved design review application
and upon the applicant's posting a performance bond or other acceptable
surety with the Clerk of the City of Eagle;
NeW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CDUNCIL OF '!HE
CITY OF EAGLE, IDAHO:
Section 1.
That each application for design review shall be acconpanied
by a fee of 10% of ,the cost of the inproveIœIlt up to a maxirm;nn of $75.00
and the saIœ hereby is, adopted and approved as the design review
application fee.
Section 2. (a)
That upon substantial compliance with the conditions
specified in the approved design review application, the Zoning Administrator
nay issue a tenp:)rary certificate of occupancy for one hundred eighty (180)
days oontingent upon the applicant's ¡:osting a perfonrance bond or other
acceptable surety in favor of the City of Eagle in an arrount equal to
one hundred fifty percent (150%) of the cost of the remaining uncompleted
conditions.
At the expiration of the one hundred eighty (180) day period,
the Building Inspector shall inspect the property, and if full conpliance
has not been achieved, the Building Inspector nay recxmœnd to the Board
the revocation of the certificate of occupancy and forfeiture of the bond
or surety.
(b)
The Board, upon receipt of a recorrrændation for the revocation
of the certificate of occupancy and/or forfeiture of the bond or surety
¡:osted, shall afford the applicant an opportunity to res¡:ond at an
official neeting of the Board, which shall affirm, rrodify or deny the
recornnendation of the Building Inspector.
The decision of the Board nay
be appealed to the City Council.
Section 3.
That this Resolution shall be in full force and effect
imœdiately upon its adoption and approval.
+JL
AroP'IED BY the Council of the City of Eagle, Idaho, this /7
day of /l.üw 7" , 1982.
ATIEST:
(ì - "lJ:hG. IJJ; 0 ~ j .. ¿ <
~ Clerk