Loading...
HomeMy WebLinkAbout162 - 11/04/1986 - AMENDING CITY CODE RELATING TO CREDIT FOR CONSTRUCTION OF STORM DRAINAGE MASTER PLAN IMPROVEMENTS ORDINANCE NO. 162, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 93 OF THE CODE OF THE CITY RELATING TO CREDIT FOR CONSTRUCTION OF STORM DRAINAGE MASTER PLAN IMPROVEMENTS WHEREAS, Chapter 93 of the Code of the City of Fort Collins requires developers to construct drainage basin improvements consistent with development needs and the master drainage plan for each drainage basin; and WHEREAS, a developer is often required to construct drainage facilities that are designed to serve other areas of the drainage basin as well as the proposed development; and WHEREAS, the City has provided reimbursement to the developer for those drainage improvements that serve those areas not a part of the proposed development; and WHEREAS, upon the direction of the City Council , the staff is in the process of recodifying the present City Code and as a part of recodification obsolete provisions will be deleted, chapters will be reorganized to facilitate use, and sections will be revised to conform to present practices; and WHEREAS, as a part of the City's recodification process it is proposed that Chapter 93 of the Code be revised to make the aforementioned reimbursement process more efficient; and WHEREAS, the Storm Drainage Board has reviewed these proposed revisions and has approved the same. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 93-10 of the Code be repealed and reenacted to read as follows: §93-10. Storm drainage facilities required for subdivisions. Prior to the final approval of the plat of any subdivision, the owners of the property being subdivided shall , at such owners' cost prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision, including any offsite facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the Master Plan of the storm drainage basins and the Design Criteria and Construction Standards adopted by the City Council . The Director shall review such reports, plans, and cost estimates and, after his approval of the same, the plat of the subdivision may be approved, subject to the city's being furnished with acceptable assurance that such facilities will be constructed and installed as indicated and approved. Section 2. That Section 93-11 of the Code be repealed and reenacted as follows: §93-11 . Credit for construction of major basin improvements. A. If the Stormwater Utility requires a developer to construct drainage facilities that serve more than his/her development and are identified in a basin master plan, a portion of the actual costs incurred may be eligible for basin reimbursement from the Stormwater Utility Fund. To be eligible for basin reimbursement, prior to final approval of the development agreement the developer must submit to the Stormwater Utility a report detailing the proposed basin improvements and obtain the City's approval of the report. The report must identify all elements of the project eligible for reimbursement and include a detailed project description, a project bid form with estimated quantities, unit prices, engineering design and construction management costs. The report must also provide an accurate quantity and cost delineation between the proposed basin improvements and the drainage improvements necessary to meet the standard requirements of the development. The drainage basin reimbursement must be taken first as credit toward the total basin fees due for the developed property with regard to which the basin improvements are being constructed, and any remaining reimbursement to be paid in cash to the developer will be made as a cash repayment subject to paragraph E of this section. If more than two years elapse from the approval date of the development agreement without substantial progress toward the construction of all improvements eligible for basin reimbursement, the reimbursement obligation shall terminate. The Director may approve extensions of the obligation for additional one year periods. B. After final approval of the plat the owner(s) of the developed property shall have the option of reducing the stormwater basin fee due for the development by an amount equal to one half of the estimated basin reimbursement as shown in the development agreement or the total basin fees due, whichever is less. C. Subject to the provisions of paragraph E of this section, the City will make additional basin reimbursement upon completion of all required drainage improvements, approval of same by the Stormwater Utility and provision by the developer of copies of the following: -2- (1) Completed bid forms from at least three qualified contractors showing which contractor was awarded the project; (2) The contractor's invoice for final payment as approved by the developer's engineer separating the quantities and costs of the basin improvements from the improvements necessary to meet the standard requirements of the development; (3) An invoice from the developer's engineer clearly showing any fees charged for that portion of the drainage work which is eligible for basin reimbursement; (4) Letters from the contractor and the engineer certifying that final payment has been received for the drainage work eligible for basin reimbursement; (5) Any other information deemed necessary by the Director or required by the development agreement. D. The books and records of the developer relating to the storm drainage facilities for which the Utility is providing basin reimbursement shall be open to the City at all reasonable times for the purpose of audit and/or verification of costs. E. If the estimated cost of drainage improvements eligible for basin reimbursement for a development exceeds the stormwater utility basin fees due for the development, the Director will recommend inclusion of such costs in the next available budget submittal to the City Council . Upon approval and appropriation by the City Council , such costs will be reimbursed from the Stormwater Utility Fund. Section 3. That Section 93-12 of the Code be repealed and reenacted as follows: §93-12. Assessment for offsite drainage improvements. A. When any developer constructs storm drainage facilities on or through undeveloped areas to serve his property or to meet the requirements for developing his property the entire cost of such facilities , if they are not identified as an element of a basin master plan, shall be the responsibility of such developer. If the facility is identified in a basin master plan, but only a portion of the cost is eligible for basin reimbursement from the Stormwater Utility Fund, the balance of the cost is the responsibility of that developer. However, if the -3- developer enters into a repayment agreement with the City within ninety (90) days of the completion and approval by the Stormwater Utility of such drainage improvement, then at the time the property abutting the offsite drainage facility is developed and a building permit is issued, the City may assess a charge per front foot to the abutting property developer, and if collected, the City shall repay the original installer to the extent of such collection after deducting a service charge of three (3) percent to cover administrative costs. All costs for the original construction of the drainage facility must be fully paid by the installer before he/she is entitled to repayment under any agreement established pursuant hereto. B. The amount of the repayment assessed by the City for each abutting property as it develops shall be based on the original cost of design and construction of the drainage facilities plus any reasonable amount mutually agreed upon between the original installer and the City to reflect the effects of inflation. However, in no case shall the front foot charge reflect less than the original cost of the installation through the undeveloped properties. Adjustments for inflation may be based on the construction cost index for Denver, Colorado, as published monthly by the Engineering News Record. C. In order to obtain City approval of a repayment agreement for offsite drainage improvements, the developer shall provide the City, within sixty (60) days from final City approval of the construction of the drainage facilities, copies of those items listed in Section 11(C) of this Chapter. In addition the developer must provide a map prepared by a licensed engineer or surveyor which shows: (1) The location of the facilities constructed; (2) The name of the owner of each property which has frontage along the facility; (3) The frontage of each property abutting the facility together with the assessment(s) due based on the original cost. (4) The acreage and parcel number of each property abutting the facility; and (5) A reference to the book and page and/or reception number from the records of the County Clerk and Recorder where the information for each property was obtained. -4- D. The term of any repayment agreement established hereunder shall not exceed ten (10) years from the date of its execution. The City Council may approve one (1) extension of the agreement for an additional period of up to ten (10) years, if application for the extension is made prior to the expiration of the original ten (10) year term. E. The books and records of the developer relating to the drainage facilities for which the developer seeks repayment shall be open to the City at all reasonable times for the purpose of audit and verification of costs. Introduced, considered favorably on first reading, and ordered published in summary form this 21st day of October, A.D. 1986, and to be presented for final passage on the 4th day of November, A.D. 1986. Mayor ATTESTn ova. City Clerk 1986.Passed and adopted on final reading this 4th day of November, A.D. Mayor City Clerk -5-