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
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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 .
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�G EI oi., cP
Notary Public _C Z u iL. � w'��oj0 40 `'..
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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