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ORDINANCE NO. 5 0 9 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 17.10 ENTITLED
"FINAL PLATS", SECTION 17.10.070 ENTITLED '~BUILDING AND
OCCUPANCY PERMITS" AND SECTION 17.10.080 ENTITLED "RELEASE OF
IMPROVEMENT GUARANTEE" PERTAINING TO THE LAND DIVISION
ORDINANCE TO ALLOW FOR THE CONSTRUCTION OF MODEL HOMES AND
BONDING OF PLAT IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. PURPOSE.
follows:
To amend Auburn
PLATS", Section
PERMITS" and
The purpose of
this Ordinance is as
City Code Chapter
17.10.070 entitled
Section 17.10.080
17.10 entitled ~FINAL
"BUILDING AND OCCUPANCY
entitled "RELEASE OF
IMPROVEMENT GUARANTEE" of the Land Division Ordinance to allow
for the construction of model homes and bonding of plat
improvements. A copy of said amendments are attached hereto
and designated as Exhibit "A".
Section 2. Constitutionality or invalidity. If any
section, subsection, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
this Ordinance, as it being hereby expressly declared that
this Ordinance and each section, subsection, sentence, clause
Ordinance No. 5094
April 30, 1998
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and phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4.. This Ordinance shall take effect and be in
force five day from and after its passage, approval and
publication as provided by law.
INTRODUCED:
PASSED:
May 4, 1998
May 4, 1998
APPROVED: May 4, 1998
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Ordinance No. 5094
April 30, 1998
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APPROVED AS TO FORM:
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City Attorney
PUBLISHED:
Ordinance No. 5094
April 30, 1998
Page 3
17.10.070 Building, c=d occupancy and model home.permits.
A. No building permit for a structure other than a temporary contractor's office or
temporary storage building shall be issued for a lot or parcel within an approved
subdivision prior to a determination by the fire marshal that adequate fire protection for
construction needs exists, and .-
B. No building permit for a structure other than a temporary contractor's office or
temporary storage building shall be issued for a lot or parcel within an approved
subdivision until either:
1. All required improvements which will serve the subject lot or parcel
have been constructed and the city has accepted a properly executed bill of sale for
such improvements; or
2. All required improvements have been bonded or otherwise guaranteed
under the requirements of ACC 17.08.010; or
3. An improvement bond in an amount adequate, in the determination of
the city engineer, to guarantee construction of those required public improvements
necessary to serve the lot or parcel for which a building permit is sought, has been
accepted by the city.
C. No occupancy permit for a structure other than a temporary contractor's office
or temporary storage building shall be issued for a structure on a lot or parcel within an
approved subdivision prior to final inspection and approval of all required improvements
which will serve such lot or parcel, to the satisfaction of the building official.
D. Prior to final plat approval of an approved preliminary plat, building permits for
model homes may be granted by the building official subject to the followin.q conditions:
1. Model homes are sin.qle family dwellin.qs as defined by ACC
18.04.340(A). The purpose of a model home is for sales promotion and display of
homes that wili be typically built within a subdivision and are open to the public for
viewinq.
2. Up to two (2) ~ model homes may be allowed for preliminary
plats up to 20 lots. Up to 4 model homes ma,/be allowed for preliminary plats in excess",
of 20 lots.
3. All model homes shall be served b,/an all weather surface access al;
approved by the city en.qineer and fire marshal.
Exhibit "A"
Ordinance No. 5094
4. All model homes shall be located within 300 feet of an operatinq fire
hydrant as determined and cccc;t=~ 3pproved by the fire marshal.
5. Prior to the public beinq allowed to access a model home written
permission must be received from the building official.
6. Information must be submitted with the final plat application that
indicates the model home meets all applicable zonin.q code standards of the lot on which
it is located.
17.10.080 Release of improvement guarantee.
A.~_. If an improvement bond or other guarantee has been submitted under ACC 17.08.010
or 17.10.070 such guarantee shall only be released upon acceptance by the city of a
properly executed bill of sale for such improvements and submittal of adequate "as-built"
drawings for which thct the guarantee was submitted for. Partial release of the
guarantee may be allowed but only to satisfy the requirement of section 17 10.080[B/.
B.~_A portion of the guarantee equivalent to 10 percent of the value of the public
improvements guaranteed m'B' shall be retained as a maintenance bond, by the city for
city engineer certifies the completion of the plat improvements have been satisf ed, to
ensure the adequate operation of such improvements, following which any unused
portion of such guarantee shall be released.
Exhibit "A"
Ordinance No. 5094