Loading...
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 2 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. 3 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 4 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. 5