HomeMy WebLinkAbout178 - 10/20/1998 - AMENDING TRANSITIONAL LAND USE REGULATIONS AND LAND USE CODE AND DESIGN AND CONSTRUCTION CRITERIA PE ORDINANCE NO. 178, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE TRANSITIONAL LAND USE REGULATIONS
BY THE ADDITION OF TWO NEW SECTIONS TO BE NUMBERED
SECTION 29-13 AND 29-14 AND AMENDING SECTIONS 2.2.3, 3.3.1
AND 3.3.2 OF THE LAND USE CODE, AND AMENDING THE DESIGN
AND CONSTRUCTION CRITERIA, STANDARDS AND SPECIFICATIONS
FOR STREETS, SIDEWALKS,ALLEYS AND OTHER PUBLIC WAYS,
ALL OF WHICH AMENDMENTS PERTAIN TO EXTENDED GUARANTEE AND
BONDING REQUIREMENTS FOR DEVELOPERS
WHEREAS,the City Engineer has prepared and presented to the Council a program known
as the "Choice Streets System"which program is intended to improve the technical standards and
regulatory authorities governing the construction and maintenance of streets and related
infrastructure in the City; and
WHEREAS,as apart of the program,the City Engineer has recommended the establishment
of a two-year maintenance guarantee and a five-year repair guarantee associated with the
construction of streets,curbs,gutters and related drainage structures,sidewalks and bikeways,which
guarantees shall also be supported by a bond, letter of credit or other acceptable security; and
WHEREAS, the Planning and Zoning Board and the Transportation Board have
recommended the adoption of the program; and
WHEREAS, the Council has determined that the passage of this ordinance is in the best
interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Transitional Land Use Regulations shall be amended by the addition
of a new Section 29-13, to read in its entirety as follows:
Sec.29-13. Maintenance and repair guarantees,and certificate of dedication.
All final plats, whether approved pursuant to Section 29-526 (The Land
Development Guidance System) or Section 29-643 (Final Plats for Standard
Subdivisions) shall contain a maintenance guarantee, a repair guarantee and a
certificate of dedication signed by the developer and the owner (as described in
Section 2.2.3(C)(3) of the Land Use Code),which provide a two-year maintenance
guarantee and five-year repair guarantee covering all errors or omissions in the design
and/or construction. The specific provisions of the maintenance guarantee, repair
guarantee and certificate of dedication shall be established by the City Engineer.
Section 2. That the Transitional Land Use Regulations shall be amended by the addition
of a new Section 29-14, to read in its entirety as follows:
Sec. 29-14. Development bond and security for the maintenance and repair
guarantees.
(a) Prior to the issuance of a Development Construction Permit for a new development,
the developer must provide to the city a guarantee in the form of a development bond, performance
bond, letter of credit, cash, certificate of deposit or other city-approved means to guarantee the
completion of all public improvements to be constructed as shown on the approved plans for the
development(hereafter referred to as the "security"). The amount of the security shall be equal to
the total cost of the developer's portion of the public improvements, as estimated by the developer
and approved by the City Engineer. However, draws upon the security shall not exceed the actual
cost of completing a deficient development project or making any necessary repairs. As progress
is made on the construction of the new public infrastructure,the developer may request a reduction
in the amount of the security in proportion to the actual completion percentage of the installed
infrastructure. Upon receipt of such a request, the city shall verify the completion percentage and
permit the substitution of an approved security instrument in an amount equal to the cost of the
developer's portion of the remaining public improvements.
(b) Upon completion and acceptance of the streets and other public improvements, the
security shall be extended or renewed to cover the two-year maintenance guarantee period. The
amount of the security during the maintenance guarantee period shall be based on a percentage of
the cost of the public improvements. Said percentage shall be determined by the City Engineer
based on the potential costs of repairs within the development and shall not exceed twenty-five(25)
percent. At the conclusion of the two-year maintenance period,representatives of the city and the
developer shall jointly conduct an inspection of the development for the purpose of identifying any
repairs or maintenance actions necessary before transfer of the maintenance responsibility from the
developer to the city. Upon satisfactory completion of said repairs or maintenance actions,the city
will assume the responsibility for maintaining the streets and other improvements which have been
dedicated to the city.
(c) Whether security must be provided by the developer for the remaining three(3)years
of the repair guarantee period shall depend upon the condition of the streets and other public
infrastructure within the development. The developer shall not be required to provide such
additional security for streets or infrastructure that,upon inspection by the City Engineer,are found
not to exhibit any evidence of deterioration or defect (including, without limitation, excessive
cracking,settlements,deflections,rutting,potholes,or other similar defects),other than normal wear
and tear.. However,if evidence of such deterioration or defect is exhibited,then the existing security
shall be required to be renewed,or a new security shall be required for the final three(3)years of the
repair guarantee period. The amount of the security during the repair guarantee period shall be based
on a percentage of the cost of the public improvements. Said percentage shall be determined by the
City Engineer based on the potential costs of repairs within the development, shall not exceed
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twenty-five (25)percent, and may be adjusted if appropriate during the guarantee period required
pursuant to § 29-13.
Section 3. That Section 2.2.3(C)(3)ofthe Land Use Code of the City is hereby amended
by the addition of a new subparagraph(g) to read as follows and subsequent subparagraphs to be
relettered accordingly:
(g) contain a maintenance guarantee, a repair guarantee and a certificate of
dedication signed by the developer and the owner (as described in
subparagraph (a) above), which provide a two-year maintenance guarantee
and five-year repair guarantee covering all errors or omissions in the design
and/or construction. The specific provisions of the maintenance guarantee,
repair guarantee and certificate of dedication shall be established by the City
Engineer.
Section 4. That Section 3.3.1(C) of the Land Use Code of the City is hereby amended
by the addition of a new subparagraph(2), to read as follows and subsequent subparagraphs to be
renumbered accordingly:
(2) The plat shall contain a two-year maintenance guarantee and a five-year
repair guarantee covering all errors or omissions in the design and/or
construction,which shall constitute a total guarantee period of five(5)years,
and which guarantees shall commence upon the date of completion of the
improvements and acceptance by the city,as described in Section 2.2.3(C)(3)
(Execution of Plats/Deeds; Signature Requirements). Security for the
maintenance guarantee and the repair guarantee shall be in the form of an
extension of the security as provided in Section 3.3.2(C).
Section 5. That Section 3.3.2 of the Land Use Code of the City is hereby amended by the
addition of a new subparagraph (C), to read as follows and subsequent subparagraphs to be
renumbered accordingly:
(C) Development Bond and Security for the Maintenance and Repair
Guarantees.
(1) Prior to the issuance of a Development Construction Permit for a new
development, the developer must provide to the city a guarantee in
the form of a development bond, performance bond, letter of credit,
cash,certificate of deposit or other city-approved means to guarantee
the completion of all public improvements to be constructed as shown
on the approved plans for the development (hereafter referred to as
the "security") . The amount of the security shall be equal to the total
cost of the developer's portion of the public improvements, as
estimated by the developer and approved by the City Engineer.
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However, draws upon such security shall not exceed the actual cost
of completing a deficient development project or making any
necessary repairs. As progress is made on the construction of the new
public infrastructure, the developer may request a reduction in the
amount of security in proportion to the actual completion percentage
of the installed infrastructure. Upon receipt of such a request, the
City shall verify the completion percentage and permit the
substitution of an approved security instrument in an amount equal to
the cost of the developer's portion of the remaining public
improvements.
(2) Upon completion and acceptance of the streets and other public
improvements, the security shall be extended for two (2) years to
cover the two-year maintenance guarantee period required pursuant
to Section 3.3.1(C). The amount of the security during the
maintenance guarantee period shall be based on a percentage of the
cost ofthe public improvements. Said percentage shall be determined
by the City Engineer based on the potential costs of repairs within the
development and shall not exceed twenty-five (25) percent. At the
conclusion of the two-year maintenance period,representatives ofthe
city and the developer shall jointly conduct an inspection of the
development for the purpose of identifying any repairs or
maintenance actions necessary before transfer of the maintenance
responsibility from the developer to the city. Upon satisfactory
completion of said repairs or maintenance actions, the city will
assume the responsibility for maintaining the streets and other
improvements which have been dedicated to the city.
(3) Whether security must be provided by the developer for the remaining
three (3) years of the repair guarantee period shall depend upon the
condition of the streets and other public infrastructure within the
development. The developer shall not be required to provide such
additional security for streets or infrastructure that, upon inspection
by the City Engineer, are found not to exhibit any evidence of
deterioration or defect (including, without limitation, excessive
cracking, settlements, deflections, rutting,potholes, or other similar
defects), other than normal wear and tear. However, if evidence of
such deterioration or defect is exhibited, then the existing security
shall be required to be renewed, or a new security shall be required
for the final three (3) years of the repair guarantee period. The
amount of the security during the repair guarantee period shall be
based on a percentage of the cost of the public improvements. Said
percentage shall be determined by the City Engineer based on the
potential costs of repairs within the development, shall not exceed
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twenty-five (25) percent, and may be adjusted if appropriate during
the guarantee period.
Section 6. That Sections 3.12 and 4.12 of the "Design and Construction Criteria,
Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways," dated July
1996, is hereby amended to read as follows:
3.12 DEFECTIVE WORKMANSHIP AND MATERIALS
The Contractor shall guarantee all streets/street segments constructed by such
Contractor against defects in materials and/or workmanship for a period of
two(2)years after acceptance thereof by the City. The determination of the
necessity, during such guarantee period, for the Contractor to repair said
street, or any portion thereof, shall be made by the City Engineer, whose
decision shall be final.
4.12 DEFECTIVE WORKMANSHIP AND MATERIALS
The Contractor shall guarantee all curb, gutter, walks, driveways and
crosspans constructed by such Contractor against defects in materials and/or
workmanship for a period of two (2) years after acceptance thereof by the
City.. The determination of the necessity, during such guarantee period, for
the Contractor to repair said curb,gutters,walks,driveways,or crosspans,or
any portion thereof,shall be made by the City Engineer,whose decision shall
be final.
Section 7. That Section 2.10.1(B)of the Land Use Code of the City be amended by the
addition of a new subsection(8)to read as follows:
(8) Decisions of the City Engineer made under the provisions of Section 3.3.2(C)
of this Land Use Code, or Section 29-14 of the Transitional Land Use
Regulations.
Section 8. That all changes to the Land Use Code,the Transitional Land Use Regulations
and the "Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks,
Alleys and other Public Ways,"dated July 1996,caused by reason of this ordinance shall take effect
on January 1, 1999.
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