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HomeMy WebLinkAboutOrdinance 5140 ORDINANCE NO, 5140 AN ORDINANCE TO REPEAL § 158.03 MAINTENANCE OF THE UNIFIED DEVELOPMENT CODE AND TO ENACT A REPLACEMENT §158.03 MAINTENANCE WHEREAS, upon recommendation of the City Engineer, the City Council Ordinance Committee, Street Committee and Water and Sewer Committees recommend the passage of an amended §158.03 Maintenance of the Bonds and Guarantees Chapter of the Unified Development Code to ensure proper continued maintenance of the erosion and sediment control plan while reducing the amount of maintenance bond to 25% of construction costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, `ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals §158.03 Maintenance of the Unified Development Code in its entirety and enacts the following as the replacement §158.03 Maintenance: §158.03 Maintenance "(A) Installed improvements. An acceptable maintenance bond shall be provided in the amount of 25% of the total contract price of the public improvements including water, sewer, streets, and the stormwater management drainage system against defects in workmanship and materials for a period of two years from the date of acceptance of such improvements. The bond shall be filed with the City Engineer prior to the acceptance of the improvements by the City. A walk-through shall be performed at the end of the two-year period and all deficiencies corrected prior to the release of the bond." "(B) Erosion and sediment control. For developments in excess of five (5) acres, an acceptable guarantee shall be provided at the time of the issuance of the drainage permit in the amount of 100% of the total cost to install the approved erosion and sediment control plan to ensure the continuation of the proper maintenance of the plan. The guarantee shall remain in place until permanent � G�: vS 'a Z .> . C\SY O,c.G� stabilization has been achieved for the development site.' =� �-: FAYETTEVILLE PASSED and APPROVED this 61s day of May, 2008. � � v °.9q�AN`PC� 0 A` APPROVE ATTEST: ' "°Tc"N GpJ�,a By: By: —" ]d�/UV� DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 09D City of Fayetteville 54 /d 8' Staff Review Form City Council Agenda Items 5� YD r 41 Contracts 5/6/2008 03 City Council Meeting Date lqalnfi-LI)allal Ron Petrie Engineering Operations Submitted By Division Department Action Required: An ordinance amending Chapter 158: Bonds and Guarantees of the City Unified Development Code (Title XV ) in order to revise the maintenance bond requirements for public improvements and to add a guarantee require t to insure the continuation of the proper maintenance of a storm water erosion and sediment control plan. N/A N/A N/A Cost of this request Category / Project Budget Program Category / Project Name N/A N/A N/A Account Number Funds Used to Date Program / Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item �X Budget Adjustment Attached /! revious Ordinance or Resolution # Depa nt Directo Original Contract Date: Original Contract Number: City Corney Date � p Received in City Clerk's Offic 'PcsJ Q. , td� — '1 • ZI - a8 q- 1 –UO Finance and Internal Service Director Date Received in Mayors Office Z Mayor Date Comments: City Council Meeting of May 6, 2008 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Gary Dumas, Director of Operations From: Ron Petrie, City Engineer O Date: April 18, 2008 Subject: An ordinance amending Chapter 158: Bonds and Guarantees of the City Unified Development Code (Title XV ) in order to revise the maintenance bond requirements for public improvements and to add a guarantee requirement to insure the continuation of the proper maintenance of a storm water erosion and sediment control plan. RECOMMENDATION : The staff recommends approval of this ordinance to amend Chapter 158 of the City Unified Development Code in order to revise the maintenance bond requirements for public improvements and to add a guarantee requirement to insure the continuation of the proper maintenance of a project's storm water erosion and sediment control plan. BACKGROUND : The City code currently requires all developers that install public improvements (water, sewer, streets, and drainage) to provide a maintenance bond for a period of one (1 ) year in the full amount of the cost of the installation upon acceptance by the City. A separate bond is typically provided for each infrastructure item. There is currently no code regulation to require the erosion & sediment control plan to be guaranteed for the continuation of proper maintenance. If problems arise during construction, this is typically corrected with warnings and/or the issuance of stop-work orders. DISCUSSION : A search was done among the local municipalities within our region to determine the maintenance bond requirements that are currently being enforced. The following is a summary of those search results: 1 City Council Meeting of May 6, 2008 City Length of Bond Amount of Bond Bentonville 1 year 25% construction costs Rogers 1 year50% construction costs Springdale l year 50% construction costs Little Rock 1 year 50% construction costs Tulsa 1 year 100% construction costs It has been recommended by City Staff that the Maintenance Bond requirement can be reduced to 25% of the construction costs if two conditions are added: 1 .) The length of the bonding is increased from one year to two years and 2.) the bonds are combined into one bond that will cover all public infrastructure improvements. The proposed addition of the guarantee for the erosion & sediment control plan is being recommended in order to protect the City and our natural resources. Some of the advantages for this proposed legislation include: Provide the Engineering Division with additional support to require a permit holder to maintain the erosion & sediment plan during construction and follow-up with permanent stabilization of all disturbed areas of a site. ➢ Assist in the elimination of the gap in coverage for subdivisions between the time of final plat approval and the beginning of the individual residential or commercial building construction. Provide the City with available funds to be able to re-stabilize a site if it has been abandoned by a permit holder. These proposed ordinances amendments have also been discussed at the following City Council Committee meetings: ■ November 5, 2007 — Street Committee forwarded this item to the Ordinance Review Committee with a favorable recommendation. • Ap l 3 . 2008 — Ordinance Review Committee forwarded this item to the full City Council with a favorable recommendation. • April 8. 2008 - Water & Sewer Committee forwarded to the full City Council with a favorable recommendation. BUDGET IMPACT: This City Council item will have no impact on the budget. 2 ORDINANCE NO, AN ORDINANCE TO REPEAL § 158 .03 MAINTENANCE OF THE UNIFIED DEVELOPMENT CODE AND TO ENACT A REPLACEMENT §158.03 MAINTENANCE WHEREAS, upon recommendation of the City Engineer, the City Council Ordinance Committee, Street Committee and Water and Sewer Committees recommend the passage of an amended § 158.03 Maintenance of the Bonds and Guarantees Chapter of the Unified Development Code to ensure proper continued maintenance of the erosion and sediment control plan while reducing the amount of maintenance bond to 25% of construction costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby repeals §158.03 Maintenance of the Unified Development Code in its entirety and enacts the following as the replacement §158.03 Maintenance: "158.03 Maintenance "(A) Installed improvements. An acceptable maintenance bond shall be provided in the amount of 25% of the total contract price of the public improvements including water, sewer, streets, and the stormwater management drainage system against defects in workmanship and materials for a period of two years from the date of acceptance of such improvements. The bond shall be filed with the City Engineer prior to the acceptance of the improvements by the City. A walk-through shall be performed at the end of the two-year period and all deficiencies corrected prior to the release of the bond. "(B) Erosion and sediment control. For developments in excess of five (5) acres, an acceptable guarantee shall be provided at the time of the issuance of the drainage permit in the amount of 100% of the total cost to install the approved erosion and sediment control plan to ensure the continuation of the proper maintenance of the plan. The guarantee shall remain in place until permanent stabilization has been achieved for the development site." PASSED and APPROVED this 6'" day of May; 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer TITLE XV UNIFIED DEVELOPMENT CODE (EXISTING LANGUAGE) CHAPTER 158: BONDS AND GUARANTEES 158.03 Maintenance (A) Installed improvements. An acceptable maintenance bond shall be provided in the amount of the contract price of the improvement against defects in workmanship and materials for a period of one year from the date of acceptance of such improvements. The bond shall be filed with the City Engineer prior to the acceptance of the improvements by the City. (B) Stormwater management, drainage and erosion control. A one ( 1 ) year maintenance bond for the stormwater management drainage system. The bond shall run from the date of final acceptance and for a one-year period thereafter. A walk-through shall be performed at the end of the one-year period and all deficiencies corrected prior to the release of the bond. TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 158: BONDS AND GUARANTEES (PROPOSED REVISIONS) 158.03 Maintenance (A) Installed improvements. An acceptable maintenance bond shall be provided in the amount of 25% of the total contract price of the public improvements including water, sewer, streets, and the stormwater management drainage system against defects in workmanship and materials for a period of yoyears from the Deleted: one date of acceptance of such improvements. The bond shall be filed with the City Engineer prior to the acceptance of the improvements by the city. A walk-through shall be performed at the end of the two-year period and all deficiencies corrected prior to the release of the bond. O Firosion B and sediment control, five rm por developments in excess of fiDeleted: staeater management. - - - - - - - - - - - - - - - - - - - - - - - - - (5) acres, an acceptable guarantee shall be provided at the time of drainage and the issuance of the drainage permit in the amount of 100% of the Deleted: A one (1) year maintenance bond for the stormwater management total cost to install the approved erosion & sediment control plan drainage system. The bond shall run to insure the continuation of the proper maintenance of the plan. from the date of final acceptance and for a one-year period (hereafter. A walk- The guarantee shall remain in place until permanent stabilization through shall be performed at the end of has been achieved for the development site. the one-year period and all deficiencies corrected prior to the release of the bond.1 6.9.08) Clarice Pearman - Ords. 5140 & 5141 — Page 1 From: Clarice Pearman To: Petrie, Ron Date: 5.9.08 5:49 PM Subject: Ords. 5140 & 5141 Attachments: 5140 Amend 158.03 Maintenance Bonds & Guarantees.pdf; 5141 Amend Chapter 16 8 Flood Damage Prevention Code.pdf CC: Audit; GIS Ron: Attached are copies of the above ordinances passed by City Council, May 6, 2008 amending Ch 168 and Sec. 158.031. Please let me know if there is anything else needed for these item. Have a good day. Thanks. Clarice Arkansas Democrat 71VOaxette Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville —Ordinance 5140 May 14, 2008 Publication Charge : $84.40 Subscribed and sworn to before me This day of �yjR/f/� 2008 . �-/ 44.a� �G EI oi., cP Notary Public _C Z u iL. � w'��oj0 40 `'.. � o ; � S G — /� iD PQ 60 My Commission Expires: o?p/� N C Do not pay from Affidavit, an invoice will be sent RECEIVED MAY 19 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDIKANCENO. 8140 !] r. ' AN ORDINANCE TO REPEAL §158.03 MA n NANCE OF THE UNIFIED DEVELOPMENT CODE ' ��� �� AND TO ENACT A REPLACEMENT §158.03 MAIN TENANCE • - • �..., .ill WHEREAS, upon recenmendation of the City vl ARKANSAS Engineer, the City Council Ordinance Cormetlee, 01 t Street Cammee lnand Water and Sewer COnmiftl 7 F ♦ r • 't 'M 1 recommend the passage of an. amentla §158.03,t Maintenance'oF the Bonds and Guarantees Chapter of the Unified Development Code to ensure proper continued maintenance of the emslon and sediment control plan while reducing the amours of maintenance bond 10 25% of construction costs. NOW, THEREFOREi BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: - - - Y,. � I .iT Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals 03 Maintenance of the Unified Development Code in IN entirety and enacts the following as Ne §158.§1513. e- relpfa 4, 1 � ' ment§158.03 Maintenance: ap 1 ;�J J, §158.03 .Maintenance c k "(A) Installed Improvements. An acceptable maintenance band shall be provided in Me amount of 25% of the total contract price of the public improvements Including water, sewer, streets, and the atormwater management drainage system against delects in workmanship and materials for a peri- od of two years from the date of acceptance of such improvements. The borW shall be fled W M the i City Engineer prior to the acceptance of Me improvements by the City Awalk-through shall be per. formed at the end of the two-year period and all deficiencies corrected prior to Me release of Me bond. guarantee Erosion antl sediment control. For t e Issuance in excess g live ( it acres, en acceptable of the shall to provided at the time of sio Issuance of the drainage permit In nsthe theamount 01100% of Me total cost to install the approved erosion and sediment control plan to ensure the continuation of the proper maintenance of the plaveloo guarantee shall remain in place until permanent s1ab4 Ilzetlon nes been achieved for the tlevelopment sle.' PASSED and APPROVED this 6th day of May. 2008. • _ ' APPROVED: .. ,•^ ATTEST: DAN-COODY, McYm BSYONDRA E. Bill City CliorkilTrevaeurnmr RECEIVED MAY 19 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE