HAILEY ORDINANCE NO. 1337

AN ORDINANCE OF THE CITY OF HAILEY, IDAHO, AMENDING TITLE 17: ZONING REGULATIONS, CHAPTER 17.06: DESIGN REVIEW, SECTION 17.06.070: IMPROVEMENTS REQUIRED, OF THE HAILEY MUNICIPAL CODE, BY AMENDING, CLARIFYING, AND SIMPLIFYING SIDEWALK AND DRAINAGE IMPROVEMENTS IN-LIEU FEE ESTIMATES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE UPON PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.

   WHEREAS, the Hailey City Council has found that the following amendment to the Hailey Municipal Code, Title 17, conforms to the Hailey Comprehensive Plan; and

WHEREAS, the Hailey City Council has determined that the above-mentioned requirements are appropriate requirements, and should be referenced; and

   WHEREAS, the text amendment set forth in this Ordinance will promote the public health, safety and general welfare;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HAILEY, IDAHO, AS FOLLOWS:

Section 1. Title 17, Section 17.06, Section 17.06.070, A.1.c. of the Hailey Municipal Code, is hereby amended by the addition of the underlined language, as follows:

Title 17: Zoning Regulations

Chapter 17.06: Design Review

Section 17.06.070: Improvements Required

A. Sidewalks and Drainage Improvements:

1. Sidewalks and drainage improvements are required in all zoning districts, except as otherwise provided herein.

c.   The city may approve and accept voluntary cash contributions in lieu of the above-described improvements, which contributions must be segregated by the city and not used for any purpose other than the provision of these improvements. The contribution amount shall be as follows:  one hundred ten percent (110%) of the estimated costs of concrete sidewalk and drainage improvements provided by a qualified contractor, plus associated engineering costs, as approved by the city engineer. Any approved in lieu contribution shall be paid before the city issues a certificate of occupancy.

i.   For sidewalk and drainage improvement lengths of ninety (90) linear feet or less, the Applicant may propose an in-lieu payment per the currently adopted fee schedule. 

ii.   For improvement lengths greater than ninety (90) linear feet, the Applicant may propose an in-lieu payment amount based on a stamped engineering estimate for one hundred ten percent (110%) of the estimated costs of concrete sidewalk and drainage improvements provided by a qualified contractor, plus associated engineering costs, and said in lieu payment is subject to approval by the city engineer.

iii.   Any approved in lieu contribution shall be paid before the city issues a certificate of occupancy.

Section 2.  Severability Clause. Should any section or provision of this Ordinance be declared by the

courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 3.  Repealer Clause. All City of Hailey ordinances or parts thereof, which are in conflict herewith, are hereby repealed.

Section 4. Effective Date. This ordinance shall be in full force and effect from and after passage, approval, and publication according to law.

PASSED AND ADOPTED BY THE HAILEY CITY COUNCIL AND APPROVED BY THE MAYOR THIS 8th DAY OF JANUARY, 2024.

                     _________________________________

Martha Burke, Mayor, City of Hailey

Attest:

____________________________

Mary Cone, City Clerk

Publish Idaho Mountain Express: January 17, 2024