ORDINANCE NO. 2007-3

THIS ORDINANCE AMENDS TITLE 10 CHAPTERS 1 AND 3 OF THE MUNICIPAL CODE OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO BY AMENDING 10-301(d), 10-106(a)(6), 10-104, 10-105; CREATING A NEW SUBSECTION 10-106(h)(10), CREATING A NEW SUBSECTION 10-106(a)(7); PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE HEREOF.

BE IT ORDAINED, by the Mayor and City Council of the City of Ponderay

Section 1. Section 10 - 106(h) (10) shall read: A place for Public Safety Officer/Fire Chief's

approval.

Section 2. Section 10 -301(d) shall be amended to: The design for all proposed infrastructure improvements shall comply with any relevant standards and specification of the State of Idaho as well as the International Fire Code or any subsequent codes adopted by the City of Ponderay.

Section 3. Section 10-106(a)(6) shall be amended to: Any other improvements such as curbs, gutters, sidewalks, bridges, lift stations, fire hydrants, street lights, multiuse pedestrian/bike paths or trails, etc., as required by the City as conditions of preliminary plat approval.

Section 4. Section 10-106(a) (7) shall read: All improvements and infrastructure shall extend through the subdivision to the property line boundaries. This requirement may be waived in whole or part by the City during the preliminary plat process.

Section 5. Section 10-104 shall be amended to: A public hearing is required for any application under this chapter. The City shall mail out notification of the public hearing to property owners within the five hundred (500) foot radius. The Planning and Zoning Commission shall recommend approval or denial to the City Council. The City Council shall hold a separate public hearing with the same notice provisions and shall make a decision to approve the application as presented or with additional conditions or deny the application in its entirety. The City Council shall issue a written decision outlining its findings of fact and conclusions of law within 28 days. The City Council may

remand the application to the applicant to make changes. Proposed changes must be clearly outlined for the applicant.

Section 6. Section 10-105 shall be amended to: (a) Any aggrieved party may appeal the decision of the City Council in accordance with the procedures outlined in the Administrative Procedures Act of the State of Idaho.

(b) The applicant shall have two (2) years to complete and file a final plat following the approval of the preliminary plat. The City may grant a one-year administrative extension with the approval of the City Engineer. The City will notify the applicant approximately 30 days before the deadline to complete final plat.

Section 7. Severability. This ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity.

Section 8. Repeal of Conflicting Provisions. All provisions of the current Ponderay Municipal Code or ordinances of the City of Ponderay which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

Section 9. Effective Date. This ordinance shall be effective upon its passage and publication as provided by law.

Enacted by the City Council as an ordinance of the City of Ponderay on the 7th day of May, 2007.

Approved by the Council President on the 7th day of May, 2007.

CITY OF PONDERAY

Sherry D. Blood,

Council President

ATTEST:

Nancy B. Piatt, City Clerk

Legal SNP# 8674

May 15, 2007