HomeMy WebLinkAbout095 - 06/15/1999 - AMENDING THE TRANSITIONAL LAND USE REGULATIONS PERTAINING TO CONSTRUCTION, MAINTENANCE AND REPAIR GU ORDINANCE NO. 95, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 29-13 AND 29-14 OF THE
TRANSITIONAL LAND USE REGULATIONS PERTAINING
TO CONSTRUCTION, MAINTENANCE AND REPAIR GUARANTEES
AND SECURITY REQUIREMENTS FOR DEVELOPERS
WHEREAS, the City Council has determined that Sections 29-13 and 29-14 of the
Transitional Land Use Regulations should be amended to clarify when the maintenance and repair
guarantees for a development project must begin, and to clarify how the maintenance and repair
guarantees shall be established in the event there is no plat involved in the development project, or
in the event that the plat does not include the entire area being developed, and to allow flexibility
in the replacement of the construction security with a different instrument for the establishment of
the maintenance and repair guarantees.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 29-13 of the Transitional Land Use Regulations is hereby
amended to read 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)ofthe Land Use Code),which provide a two-year maintenance
guarantee and five-year repair guarantee(which shall commence upon the date of
completion of the public improvements and acceptance by the city) covering all
errors or omissions in the design and/or construction. If a plat is not required or
if the plat does not include the entire area being developed,then said maintenance
and repair guarantees shall be established in a development agreement. The
specific provisions of the maintenance guarantee,repair guarantee and certificate
of dedication shall be established by the City Engineer.
Section 2. That Section 29-14 of the Transitional Land Use Regulations is hereby
amended to read as follows:
Sec. 29-14. Security for development and 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 "construction security"). The
amount of the construction 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 construction
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 construction 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 construction security instrument in an amount equal
to the cost of the developer's portion of the remaining public improvements.
(b) Security for the maintenance guarantee and the repair guarantee
shall be in the form of a bond, letter of credit, cash, certificate of deposit, an
extension of the security as provided in subsection (a) above, or other city
approved means to secure said maintenance and repair(hereinafter referred to
as the "maintenance/repair security"). The amount of the maintenance/repair
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/repair 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 ofthe 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
maintenance/repair 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 maintenance/repair security shall be required to be renewed, or a
new maintenance/repair security shall be required for the final three (3) years
of the repair guarantee period. The amount of the maintenance/repair 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 twenty-five(25)percent,and may be adjusted if appropriate during
the guarantee period required pursuant to § 29-13.
Introduced and considered favorably on first reading and ordered published this 1 st day of
June, A.D. 1999, and to be presented for final passage on the 15th day of June, A.D. 1999.
Mavor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of June, A.D. 1999.
Mayor
ATTEST:
- ULW 1% 1,-n' L_
City Clerk