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HomeMy WebLinkAbout45+RDI MANCE N0.� AN ORDINANCE OF THE WIN OF LOS ALTOS HILLS PROVIDING FOR THE PAYMENT OF A FEE, OR IN LIEU THEREOF THE PRO'JIDING FOR THE CON- STRUCTION OR INSTALLATION OR THE FACILITIES, FOR STREET IMPROVET:ENT IN THE IMMEDIATE AREA OF A PROPOS'ID SUBDIVISION A -D PROVIDING FOR THE ADEgUATE DRAINAGE OF THE SUBDIVIDED AREA, SETTING FORTH EXCEPT- IONS THERETO AND REPEALING ORDINANCE #39 AND ORDINANCE # 41; FURTHER DECLARING THIS TO BE AN WERGMICY ORDINANCE TO BECOME EFFECTIVE IM- MEDIATELY UPON THE PASSAGE THEREOF. THE CITY COUNCIL OF THE WIN Or LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION I. Except as hereinafter provided, any person, firm, corporation or other entity desiring to divide into two or more par- cels an area of land, then in one ownership, as shown upon the last assessment roll, shall make an application and pay the fee or install the facilities as hereinafter provided. However, any parcel of land for which a fee has already been paid shall be credited with one fee upon any subsequent division of land of which it is a parcel; there shall also be exempted herefrom, and no fee shall be required, of a lot in a division of land on which there is located a residence which was in existence at the date of the incorporation of the City. SECTION II: The subdivider shall construct the facilities or do the work necessary to convey all the excess flow of water from and on account of the subdivision to the nearest adequate water course as approved by the Santa Clara County Flood Control District and the City Engineer. SECTION III: The fee shall be $300 per lot of the proposed land division, for street improvement outside of but in the immediate area, as hereinafter defined, of such proposed subdivision and shall be paid into a designated SUBDIVISION STRFrT IT'PROV'D%,WT FUND. This fund shall be expended only in street improvements to Town Standards deemed necessary by reason of the subdivision. The immediate area shall, except as hereinafter optionally provided, relate only to streets, highways or public ways perifpheral to and bordering on such subOivision or in immediate extension of such peripheral roads and shall extend for a distance of not to exceed two thousand (2,000) feet from the boundaries of said subdivision on a public street, including those of the County of Santa Clara and in such case as to such roads, to its standards. In lieu of any payment required into the SUBDIVISION STREET IMPROVEMENT FUND, the subdivider may elect to improve, to Town Standards, sixty-eight (68) feet of one half of each road, highway or street peripheral as aforesaid, for each lot of the proposed land di- vision or an equivalent amount of improvement to the entire road width as approved by the City Engineer. SECTION IV: Under the provisions of Section II or any in lieu election as provided in Section III hereof the subdivider at the time of such election shall provide a bond with satisfactory surety and in an amount as deemed reasonable by the City Engineer and in a form satisfactory to the City Attorney to assure performance of the 5-15-58 satisfactory constru'drlon of any facilities or Wovements and for the maintenance thereof, except as to Acts of God of unusal nature, for a period of one (1) year after installation. SECTION V: Payment of the fee established by any provision of this Ordinance shall be due and payable in cash or by providing a suitable bond upon filing of the Final Map. No Final Map shall be approved until such payment has been made, bond furnished or facilities provided for. Any balance from any fund deposited into the SUBDIVISION STREET IMPROVEMENT FUND not used or contracted for use in construction and installation of the improvements or facilities for which such de- posit shall have been required within three (3) years after payment, shall be refunded to the person or entity paying the same. SECTION VI: Payment shall be made to the City Clerk and shall be immediately transmitted to the City Treasurer who shall es- tablish such SUBDIVISION STREET IMPROVEMENT FUND, into which the ap- propriate payment shall be made. SECTION VII: ORDINANCE NO. 39 and ORDINANCE NO. 41 are hereby repealed, SECTION VIII: The City Council of the Town of Los Altos Hills may. where it is deemed the public welfare is not prejudiced and an extreme hardship exists, waive or modify any requirement of this Ordinance, provided the purposes hereof are not thereby defeated. SECTION IR: This Ordinance is hereby Declared to be an emergency ordinance necessary for the preservation of the public peace, health, safety, and general welfare of the people of the Town of Los Altos Hills inasmuch as there are now pending applications for subdi- viding of land within the Town limits whereby in the application of existing Ordinances it is deemed unnecessary expense might be caused to residents and property owners of the Town of Los Altos Hills, the provisions for adequate off -tract improvements and drainage would be curtailed or lost, delay and damage would ensue to the Town of Los Altos Hills and its residents and confusion and uncertainty would ex- ist in the orderly administration of the City business and protection of the interests of the Town of Los Altos Hills and its residents and those endeavoring to constructively work therein. SECTION %: This Ordinance shall be read in its entirety; shall become effective immediately upon passage and shall be posted in three public posting places in the Town of Los Altos Hills, The above Ordinance was read in its entirety at an adjourned regular meeting of the City Council of the Town of Loa Altos Hills on the 191b day of February , 1955 and adopted by the following vote: AYES: Councilmen Bledsoe, Fowls, Hoefler, Mayor Treat NOES: None ABSENT: Councilman Rothwell CEIRT,r --C A 110 Copy ATTEST: PAUL W.�.SAL C erg SIDNEY W. TREAT Mayor 5-15-58