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RESOLUTION NO. 91-02 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF IDAHO, SETTING FORTH THE CITY'S POLICY REGARDING DEVELOPMENT OF PUBLIC IMPROVEMENTS WITHIN THE PUBLIC RIGHT OF-WAYS WITHIN THE CITY; PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Moscow City Code Section 5-1-5(E) requires that all street improvements including pavements, subbase, base, sidewalks and curbs shall be constructed in accordance with the City specifications and standards adjacent to the lot on which the structure is to be constructed before a building permit will be issued for a principal structure unless improvements have been bonded for or specifically waived by the City Council, and WHEREAS, the City Council has deemed it in the public interest that public street improvements such as curb, sidewalks, and pavement be constructed at the time adjacent property is developed or as soon thereafter as is possible; WHEREAS, subdivisions and other developments may occur adjacent to undeveloped streets that have not been designed for line and grade; NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: SECTION 1. Where a subdivision or other development occurs adjacent to an undeveloped street and a street design does not exist for adjacent improvements, the owner may proceed with development if an agreement is entered into between the owner and the City guaranteeing construction of improvements within three years of the date of agreement. This agreement, which must be entered into prior to issuance of a building permit, shall provide for a lien on the property in the amount of the estimated cost of the improvements. The City, as part of the agreement, will provide alignment grade for the basic improvements within eighteen months of the date of the agreement. The owner shall have eighteen months after receipt of this engineering information to complete construction of the improvements. No work will be done in the right-of-way until the owner provides engineered plans and said plans are approved by the City Engineer. SECTION 2. As an alternative to Section 1, the developer may pay the City a fee equal to the total required construction and engineering costs in lieu of completing the construction and engineering. Such fees shall be invested by the City and remain in a fund dedicated for such improvements. ---PAGE BREAK--- SECTION 3. If the owner fails to construct improvements as required by city Code or agreement, the City shall proceed to design and cause the improvements to be constructed and shall bill the owner for all expenses; the City may utilize an LID to finance such construction (agreements shall provide that the owner would waive objection to LIDs encompassing such improvements) . SECTION 4. The City Council may, under the following extraordinary circumstances, waive some construction requirements upon the written request of the property owner: A. Some of the requirements for street, water, and sewer improvements may be waived on an arterial street if the City has a long-term plan to develop the street into a configuration with more than one lane in each direction. B. Required street improvements, sewer, and water lines may be waived if construction of such lines would not serve the public interest. SECTION 5. This Resolution does not modify or amend Moscow City Code Section 5-1-5; it merely provides options the Council shall consider in exercising and enforcing Section 5-1-5. SECTION 6. This Resolution shall be in full force and effect upon its passage and approval. RESOLVED by the City Council and APPROVED by the Mayor this 21st day of January , 19 91 • ATTEST: Ela:Lne Russell; city Clerk