Resolution - 1982 - 4-82 - Establish Dr Application Fees - 05/25/1982
BY THE COUNCIL:
RESOLUTION NO. ~- ¡.:¿
DECKER. HALEY. STOPPELLO. WALKER
A RESOLUTION ESTABLISHING A DESIGN REVIEW APPLICATION FEE,
AND ESTABLISHING A PROCEDURE FOR THE POSTING OF A PERFORMANCE
BOND BY DESIGN REVIEW APPLICANTS AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS. the Eagle City Council finds that design review
application fees should be utilized to offset all or part
of the administrative costs of processing such applications;
and.
WHEREAS. it has been determined by the Eagle City Council
that the fee adopted herein reflects the reasonable costs
to the City of Eagle to process and administer design review
applications; and.
WHEREAS, the Eagle City Council at its regular meeting
on April 13.1982. upon recommendation 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:
$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 met; and,
WlIEREAS, integrity of the goals and purposes of the Design
Review Ordinance can be maintained while at the same time
permitting occupancy of a building in those 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 adherance to the conditions imposed 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 meeting
on April 13,1982, upon recommendation 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 purposes 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;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF EAGLE, IDAHO:
Section 1.
That each application for design review shall
be accompanied by a fee of $75.00 and such fee be, and the
same 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 may issue a temporary certificate
of occupancy for one hundred eighty (180) days contingent
upon the applicant's posting a performance bond or other accept-
able surety in favor of the City of Eagle in an amount 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 compliance has not been achieved,
the Building Inspector may recommend to the Board the revocation
of the certificate of occupancy and forfeiture of the bond
or surety.
(b)
The Board, upon receipt of a recommendation for
the revocation of the certificate of occupancy and/or forfeiture
of the bond or surety posted, shall afford the applicant an
opportunity to respond at an official meeting of the Board,
which shall affirm, modify or deny the recommendation of the
Building Inspector.
to the City Council.
The decision of the Board may be appealed
Section 3.
That this Resolution shall be in full force
and effect immediately upon its adoption and approval.
ADOPTED BY the Council of the City of Eagle, Idaho, this
~~ day of /}}?h7 ' 1982.
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ATTEST:
APPROVED:
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