HomeMy WebLinkAbout1999-10-04-Ordinance 2306_Site Plan, Construction Time ExemptionORDINANCE NO.2306
ORDINANCE TO AMEND SECTION 304.9 WAUKEE MUNICIPAL CODE
PROVIDING FOR SITE PLAN APPROVAL,BY PROVIDING THAT AT THE
TIME OF SITE PLAN APPROVAL BY CITY COUNCIL,THE CITY COUNCIL
MAY PROVIDE AN EXEMPTION AS TO THE TIME CONSTRUCTION MUST
BEGIN AFTER SITE PLAN APPROVAL FOR A UTILITY STRUCTURE
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Section 1.Purpose.The purpose of this ordinance is to allow for a reasonable
exemption in the time it is necessary for construction to begin on a utility service
structure after site plan approval by the City CounciL
BE IT ORDAINED by the City Council of the City of Waukee,Section 304.9
Waukee Municipal Code Validity of Approval is deleted and the following is substituted
in lieu thereof:
§304.9 Validity Of Approval.
A.A site plan shall become effective upon certification of approval by the
City CounciL
B.The City Council approval of any site plan required by this article shall
remain valid for one (1)year allowing one (1)year extension with
approval of City Council upon recommendation of the Commission after
the date of approval,after which time the site plan shall be deemed null
and void if the development has not been established or actual
construction commenced.For the purpose of this article "actual
construction"shall mean that the permanent placement of construction
materials has started and is proceeding without undue delay.Preparation
of plans,securing financial arrangements,issuance of building permits,
letting of contracts,grading of property,or stockpiling of materials on the
site shall not constitute actual construction.
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C.Exemption:At the time of site plan approval the City Council may grant
an exemption on the time construction must begin after their approval is
given for a utility service structure.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,prOVISIOnor part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect
the validity of the ordinance as a whole or any section,provision,or part thereof not
adjudged in valid or unconstitutionaL
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Section 4.Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
P~=1 by the C'O,,"'hi'4"day of Oo~.1999,and approved this 4th day of
October,1999.
..,
Donald L.Bailey,Jr.,Mayor
Attest: