HomeMy WebLinkAbout042 - 04/21/2015 - AMENDING CHAPTER 26 OF CITY CODE TO CLARIFY THE CONDITIONS UNDER WHICH A DEVELOPMENT MAY DEFER STORM ORDINANCE NO. 042, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY THE CONDITIONS UNDER WHICH A DEVELOPMENT MAY DEFER
STORMWATER AND DRAINAGE FACILITY REQUIREMENTS TO OBTAIN A
CERTIFICATE OF OCCUPANCY BY PROVIDING CERTAIN ESCROWS AS
ASSURANCE OF COMPLETION
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
Fort Collins City Charter to fix, establish, maintain, and provide for the collection of such rates,
fees, or charges for utility services furnished by the City as will produce revenues sufficient to
pay the costs, expenses, and other obligations of the Water Utility; and
WHEREAS, Section 26-544 of the City Code allows the Utilities Executive Director to
approve plans for stormwater and drainage facilities associated with subdivisions and building
permits, and for an applicant to proceed with construction subject to furnishing the City
acceptable assurance that such facilities will be constructed and installed as approved; and
WHEREAS, pursuant to Section 26-544 of the City Code, the Water Utility has accepted
certain escrows in cases where stormwater and drainage facility construction cannot be
completed prior to the date a Certificate of Occupancy is needed due to circumstances such as
frozen ground; and
WHEREAS, the process for administering stormwater and drainage escrows has not been
codified, leading staff to spend time processing and tracking escrows, and uncertain expectations
for developers as to the timeline to certify completion of escrow requirements; and
WHEREAS, on February 19, 2015, Water Utility staff presented to the Water Board
amendments to the City Code to update the conditions under which a development may deposit
an escrow in order to defer installation of stormwater and drainage facilities, creating a deadline
of 180 days by which certified completion of such facilities must be provided; and
WHEREAS, the Water Board voted unanimously to recommend the City Council
approve the proposed amendments to Chapter 26 of City Code, which clarify the conditions
under which a developer may deposit an escrow in order to obtain a Certificate of Occupancy
and defer stormwater and drainage requirements for up to 180 days; and
WHEREAS, the City Council desires to continue and clarify the process for allowing
developers to provide an escrow as assurance of completion of stormwater and drainage
requirements, and thereby obtain a Certificate of Occupancy prior to completion of installation,
certification, and acceptance of such facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council finds that amending Chapter 26 of the City Code to
update the procedures for collecting, releasing, and applying stormwater and drainage facility
escrows is in the best interest of Water Utility ratepayers and the City.
Section 2. That Section 26-544 of the City Code shall be amended to read as follows:
Sec. 26-544. Stormwater facilities required for subdivisions.
(a) Prior to the final approval of the plat of any subdivision, or prior to
commencement of construction upon any lot or parcel of land for which a drainage report
and construction plan for the installation of stormwater facilities has not been prepared
and approved by the City, the owners of the property being subdivided or upon which
construction is being commenced shall, at such owners' cost, prepare a detailed drainage
report and construction plans for the installation of all stormwater facilities required for
such subdivision or lot, including any off-site facilities required to convey stormwater to
existing drains, channels, streams, detention ponds or other points, all in conformity with
the master plan of the stormwater basins, the Fort Collins Stormwater Criteria Manual
adopted pursuant to § 26-500, and the Water Utilities Development Construction
Standards adopted pursuant to § 26-29.
(b) The Utilities Executive Director shall review such reports, plans and costs
estimates; and after approval of the same, the plat of the subdivision or the building
permit, if applicable, 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.
(1) In order to obtain a certificate of occupancy for property prior to
construction, certification, and acceptance of stormwater facilities, an owner may
file a request with the Utilities Executive Director, along with a non-refundable
administration fee of two hundred dollars ($200), and deposit an escrow in an
amount determined by the Utilities Executive Director to be adequate to assure
construction, installation, and certification of the facilities in accordance with
final development plan documents.
(2) All deferred construction, installation, and certification of stormwater
facilities shall be completed within 180 days of the date on the escrow receipt,
issued at the time of its deposit with the City.
(3) Escrows held by the City as assurance for deferred construction and
installation of stormwater facilities shall be released upon filing by the property
owner of the required lot grading or overall site drainage certification for the
property prepared by a licensed engineer. Any escrow not claimed or released
within the period established herein may be considered forfeited and the City may
use such funds to address the drainage and grading requirements of the property.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
March, A.D. 2015, and to be presented for final passage on the 21 st day of April, A.D. 2015.
MaJor
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City Clerk �oRaoO
Passed and adopted on final reading on the 21 st day of April, A.D. 2015.
Mayor
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