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HomeMy WebLinkAboutPH #2 Chapter 17 Code RevisionsCommunity Services Department  Development Services Division  290 E. Linden Avenue, Chubbuck, ID 83202  208.237.2430  www.CityofChubbuck.us      J:\Engineering\Development\3 Code Revisions\Ready for LUDC\3 Memo to LUDC ‐ Title 17 Code  Changes.docx    Memo to  File  To:  Land Use and Development Commission           From:  Sean Harris    Date:  November 3, 2022    Re:  Title 17 City Code Revision    Commission,  Attached is a copy of the proposed revisions with comments addressed from City Council at  their Council Study Session meeting on November 2, 2022.        17.16.070: WARRANT AGAINST DEFECTS: All structures or improvements dedicated to the public, and accepted, shall be warranted against defects by the person(s) making the dedication and by the person(s) constructing or placing said structures or improvements upon the land, for a period of three two (32) years from the date the City Council approves the acceptance of offer of dedications. A. Extension of Term: Any repairs or replacements to the public infrastructure shall automatically extend the warranty period twelve (12) additional months beyond the initial twenty-four (24) months; in unusual circumstances, the Community Services Director may extend the warranty period beyond the aforementioned twenty-four (24) month period. B. Financial Guarantee Required: A financial guarantee of twenty-five percent (25%) of the total estimated costs for public improvements. C. Financial Guarantee Required; Form: The public improvements associated with warrantee are financially guaranteed for performance by a surety bond, cash deposit, cashier’s check, or irrevocable letter of credit in the city’s name in accordance with following terms through written agreement: 1. Surety Bond: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City. 2. Cash Deposit, Cashier’s Check, or Irrevocable Letter of Credit: A cash deposit, cashier’s check, or irrevocable letter of credit in the City’s name, shall be deposited with an escrow agent, City Treasurer, or trust company. 3. The financial guarantee shall accrue to the City of Chubbuck covering all costs of construction of the public improvements. 4. Repairs Required: If during the warranty period the durability, condition, materials, or workmanship of the infrastructure or improvements fails or shows unusual deterioration, the Public Works Director, or their designee, shall provide written notice to the developer detailing the issues and required corrections and establish a reasonable timeline for repair work to be completed. If the infrastructure has failed in such a way that a repair is needed immediately, the Public Works Director may execute and use the financial guarantee to defray the cost of the required emergency work. 5. If the Developer fails to make the required corrections within the reasonable time set per section 17.16.070.C.4, the Public Works Director, or their designee, may declare such developer in default and initiate execution of the warranty bond to defray the cost of the required work. a. In the event that the warranty bond is insufficient to cover the cost of making such corrections, the Developer shall be responsible for all additional costs. The City, or its designee, may bring an action in any court of competent jurisdiction to compel the warrantor(s) to remedy any such defects or to obtain reimbursement for the cost of remedying such defects. (Ord. 754, 2016) I. ENFORCEMENT 17.20.010: RECORDING OF PLATS: No plat of any development shall be recorded, nor shall such recording be valid, unless the plat has received final approval from the city council in the manner prescribed by this title and any public improvements, either on-site or off-site, as defined herein and as applicable to the development, are guaranteed in accordance with section 17.20.015 of this title or completed and inspected and found to meet the City’s requirements. Public improvements for purposes of this section are those which are either intended to be turned over to the City or other government agency or those which serve as common improvements for lots within the development and shall include but not be limited to: roads, electric, water, sewer, fire protection, lighting, required recreational or other amenities, required landscaping and/or open space, curb, gutter, sidewalks, parking lots, pressurized secondary irrigation systems, and drainage systems. If an unapproved, or otherwise unlawful, plat is recorded, the city may institute proceedings to have the plat stricken from the records maintained by the county recorder. (Ord. 206 §4-1(A), 1979) 17.20.015: GUARANTEE OF COMPLETION REQUIRED PRIOR TO RECORDING PLATS; GUARANTEE MAINTAINED UNTIL WARRANTY EXPIRES FOR IMPROVEMENTS DEDICATED TO PUBLIC AGENCY: No plat shall be recorded until: A. Financial Guarantee Required; Form: The public improvements associated with the plat are financially guaranteed for performance by a surety bond, cash deposit, cashier’s check, or irrevocable letter of credit in the city’s name in accordance with following terms through written agreement: 1. Surety Bond: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City. 2. Cash Deposit, Cashier’s Check, or Irrevocable Letter of Credit: A cash deposit, cashier’s check, or irrevocable letter of credit in the City’s name, shall be deposited with an escrow agent, City Treasurer, or trust company. 3. Accrual: The financial guarantee shall accrue to the City of Chubbuck covering all costs of construction of the public improvements. 4. Amount: The financial guarantee shall in the amount one hundred fifty percent (150%) of the total estimated costs based on the development cost estimate in this section, for completing construction of the public improvements, as approved by the Director. 5. Term Length: The financial guarantee shall be in force for a minimum period of twenty-four (24) months with automatic renewal until the improvements have been deemed completed by the Director and accepted by the City and shall continue until all contractual warranty periods are completed in accordance with section 17.16.070 of this title. Once all public improvements have been accepted by the City, at the Developer’s request, seventy-five percent (75%) of the surety or guarantee may be released and the remaining twenty-five percent (25%) will remain in effect for the warrantee period of the public improvements in accordance with section 17.16.070. 6. Development Cost Estimate: The Development Cost Estimate shall be provided by the developer’s engineer of record for review and approval by the Director. 7. Penalty for Case of Failure to Complete Construction of Public Improvements: If the developer fails to complete construction of the public improvements within the period of time required by the conditions of the guarantee, the city may at the city’s discretion, either enter into longer terms with the developer or determine and take necessary action in order to accomplish completion of the required public improvements. The city may reimburse itself for the cost and expense thereof by appropriating the financial guarantee in whichever form provided and if costs to complete the public improvements exceed the financial guarantee, the city may seek additional monies from the developer or owners of the property through all legal means. Longer terms to accomplish completion of the required public improvements will only be considered if all owners within the bounds of the development provide their written consent to the extension’s term. 8. Release of Guarantee for Improvements Not to be Dedicated to a Public Agency: Public improvements which are not dedicated to a public agency yet which require a financial guarantee in accordance with this section are not subject to the section 17.16.070 warranty period. Following completion of the public improvements which are not to be dedicated to a public agency, the developer may submit a written request to the Director for final inspection. To receive approval, the improvements must be fully functional and able to be utilized by lot owners within the development. If the Director determines that the developer completed the work in accordance with the development agreement requirements, the Director may consider the inspection final and authorize release of the financial guarantee covering those improvements. If the inspection discloses work not completed in accordance with requirements of the development agreement, the Director shall not declare that portion of the project complete until such time that noncompliant issues are addressed to the satisfaction of the Director. B. Sidewalk Exception: For subdivisions where the City determines it to be in the best interest of the property owners to install sidewalks at the time of building rather than at the time of subdivision development, the following procedure will be followed regarding the installation of sidewalks: 1. Building Permit/Certificate of Occupancy: A building permit may be issued on a building occupying a lot when the required sidewalk has not been installed under the following conditions: a. The building permit will clearly note that the sidewalks shall be installed prior to the receipt of a final Certificate of Occupancy. b. Prior to issuance of a temporary Certificate of Occupancy, a cashier’s check or cash shall be deposited and held in escrow by the City until such time that the sidewalks are installed. It shall be the responsibility of the property owner to request an inspection of the installation and request a refund of the escrowed funds from the City. All refunds of such escrowed funds shall be subject to the accounts-payable cycle of the city. An inspection by the Director showing acceptance and compliance of the sidewalks shall be completed prior to any request for a refund of the escrowed funds. c. From time-to-time, buildable lots may be purchased by an adjoining landowner, or a non-adjoining landowner, who does not either intend to build on the lot or who does not intend to build on the lot in a pace consistent with the development’s build-out. In such cases, to connect the pedestrian infrastructure in the development, the City may compel construction of the sidewalk by the property owner within ninety calendar days (90), weather-permitting, and if not completed, the city may construct the sidewalk and/or seek remedy in accordance with section 17.20.050. 17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS: No structures or improvements, except those to be dedicated to the public as provided in this title, shall be built, installed or placed upon any lands within a development until: A. The final plat of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city, or bond, check or line of credit furnished as provided in section 17.16.050 and/or 17.20.010 of this title. (Ord. 754, 2016) 17.20.040: PERMITS AND MUNICIPAL SERVICES: The city will not issue permits to build, install, place, repair or remove any structures or improvements upon lands within a development, nor will the city maintain streets or furnish water, sewer or sanitation services within the development, until: A. The final plat (if not waived) of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city. Neither will the city issue such permits or furnish such services to completed developments that do not conform to the finally approved and recorded plat. (Ord. 206 §4-1(D), 1979)   /a 0�t\ CHUBBUCK I D 0 H 0 Memo Community Services Department Development Services Division 290 E. Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us To: City of Chubbuck Land Use and Development Commission From: Sean Harris, Development Service Manager Date: October 31, 2022 Re: A proposal by City Staff to update several sections of City Code in Title 17: Title 17.16.070, Warrant Against Defects, Reducing warranty period to 2 years and requiring financial guarantee through warranty period; Title 17.20.010, Recording Of Plats, Requiring a financial guarantee prior to recording plat; Title 17.20.015, Guarantee Of Completion Required Prior To Recording Plats, Guarantee Maintained Until Warranty Expires For Improvements Dedicated To Public Agency, Adding a new section that requires financial guarantee prior to recording plats maintained through warranty period; Title 17.20.030 Location Of Structures And Improvements, providing addition referenced section; Title 17.20.040 Permits And Municipal Services, remove stricken through text addressed in section 17.16.050, Undedicated Structure On Land In Proposed Development Prohibited Unless Certain Conditions Are Satisfied. BACKGROUND As conditions in the region and community have changed with new developments and other activities, needs have arose for alterations in City Code. The proposed changes are limited to minor updates and clarifications and one section addition. Attachments to this memo are separated between staff explanation/rational (Exhibit 1), existing code showing the changes proposed in iunderline (Exhibit 2), and existing code texts (Exhibit 3) without changes. FACTS PETITIONER: City of Chubbuck 290 E Linden Avenue Attn: Community Services Department Chubbuck, ID 83202 208) 237-2430 APPLICABLE LAWS AND PLANS: 1. Chubbuck Comprehensive Plan (as amended) 2. Chubbuck City Code 9 Notices of the hearing provided in accordance with City Code Chapter 18.28.010.6. Standards for approving a title text or map amendment per City Code Chapter 18.28.050.B.8. STANDARDS FOR APPROVING A TITLE TEXT AMENDMENT The review and action by the Land Use & Development Commission is a recommendation to the City Council based on three criteria for proposed text amendments in City Code: 1. The proposed text amendment would be in the community's best interest. Each of the proposed changes bring the code in better alignment with existing community conditions, and/or clarify sections of code so that they are easier for the public to understand. See exhibit 1. 2. The proposed text amendment is consistent with the existing provisions of the land use and development ordinance. The proposed amendments do not conflict with the existing provisions of the land use and development ordinance but enhance the code for clarity and better alignment with existing conditions. 3. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan and furthers them more than the adopted zoning text. No specific goals, objectives, or policies in the Comprehensive Plan appear to apply to this proposal; decision makers should evaluate the proposals to determine if there are applicable goals, objectives, or policies in the Plan. STAFF RECOMMENDATION Based on the evidence and analysis above, staff finds that the draft code satisfies the criteria necessary to recommend approval of the title text amendment to the City Council, with the criteria being: A. The proposed text amendment would be in the community's best interest. B. The proposed text amendment is consistent with the existing provisions of the land use and development ordinance. C. The proposed text amendment is generally not in conflict with the goals, objectives, and policies of the adopted Plan. 1940�t-\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Updates to Municipal Code — Page 2 Disclaimer.• The information presented in this document is based solely upon evidence available at the time of the report. Additional information may be brought to light at or before the hearing. Report Prepared by.- Sean Harris, Development Services Email: sharris@cityofchubbuck.us Phone: 208-239-3208 EXHIBITS 1. Staff Explanation/Rational a. Chapter 17.16.070 Warrant Against Defects b. Chapter 17.20.010 Recording Of Plats c. Chapter 17.20.015 Guarantee Of Completion Required Prior To Recording Plats, Guarantee Maintained Until Warranty Expires For Improvements Dedicated to Public Agency d. Chapter 17.20.030 Location Of Structures And Improvements e. Chapter 17.20.040 Permits And Municipal Services 2. Proposed Amendments a. Chapter 17.16.070 Warrant Against Defects b. Chapter 17.20.010 Recording Of Plats c. Chapter 17.20.015 Guarantee Of Completion Required Prior To Recording Plats, Guarantee Maintained Until Warranty Expires For Improvements Dedicated to Public Agency d. Chapter 17.20.030 Location Of Structures And Improvements e. Chapter 17.20.040 Permits And Municipal Services 3. Current Chapters a. Chapter 17.16.070 Warrant Against Defects a. Chapter 17.20.010 Recording Of Plats b. Chapter 17.20.030 Location Of Structures And Improvements c. Chapter 17.20.040 Permits And Municipal Services 194�yt\ CHUBBUCK 1 0 R H 0 290 E Linden Avenue, Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us Updates to Municipal Code — Page 2 Exhibit 1 Staff Explanation/Rational 17.16.070: WARRANT AGAINST DEFECTS: The City has never required a financial guarantee for the 3 year warranty period and has had to fight with developers to get deficiencies that have arose during the warranty period addressed and/or repaired. Staff feels that by requiring a financial guarantee throughout the warranty period, it could be reduced to two (2) years instead of three (3). Our records show that most deficiencies have occurred in the first two (2) years L ENFORCEMENT 17.20.010: RECORDING OF PLATS: Past policy has been to not allow recording of plats until all improvements have been completed and accepted. Staff has recently had a couple of developers challenge the policy, and found that it was not supported by City Code. After researching other municipal entities, staff has found that some are also requiring financial guarantee prior to recording of plats. This will be extremely helpful if a developer defaults on their construction obligations but has recorded the plat and sold lots. 17.20.015: GUARANTEE OF COMPLETION REQUIRED PRIOR TO RECORDING PLATS; GUARANTEE MAINTAINED UNTIL WARRANTY EXPIRES FOR IMPROVEMENTS DEDICATED TO PUBLIC AGENCY: This section is being requested by staff to provide any/all requirements needed to financially guarantee the development improvements through the recording of the plat and proposed 2 year warranty period. 17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS: Providing additional referenced section. 17.20.040: PERMITS AND MUNICIPAL SERVICES: Staff is requesting the removal of the stricken through text as it is addressed in section 17.16.050 of City Code. Exhibit 2 Proposed Amendments 17.16.070: WARRANT AGAINST DEFECTS: All structures or improvements dedicated to the public, and accepted, shall be warranted against defects by the person(s) making the dedication and by the person(s) constructing or placing said structures or improvements upon the land, for a period of three two (32) years from the date the City Council approves the acceptance of offer of dedications. Any repairs or replacements to the public infrastructure shall automatically extend the warranty period twelve (12) additional months beyond the initial twenty-four (24) months; in unusual circumstances, the Community Services Director may extend the warranty period beyond the aforementioned twenty-four (24) month period. A financial guarantee shall be provided to the City of Chubbuck for public improvements in accordance with section 17.20.015 of this Title. The Gity, or ,+s te remedy any suGh defeGts er to ebtain reimbursement fer the Gest ef remedying SuGh defeGtS. L ENFORCEMENT 17.20.010: RECORDING OF PLATS: No plat of any development shall be recorded, nor shall such recording be valid, unless the plat has received final approval from the city council in the manner prescribed by this title and any public improvements, either on-site or off-site, as defined herein and as applicable to the development, are guaranteed in accordance with section 17.20.015 of this title. Public improvements for purposes of this section are those which are either intended to be turned over to the City or other government agency or those which serve as common improvements for lots within the development and shall include but not be limited to: roads, electric, water, sewer, fire protection, lighting, required recreational or other amenities, required landscaping and/or open space, curb, putter, sidewalks, parking lots, pressurized secondary irrigation systems, and drainage systems. If an unapproved, or otherwise unlawful, plat is recorded, the city may institute proceedings to have the plat stricken from the records maintained by the county recorder. (Ord. 206 §4-1(A), 1979) 17.20.015: GUARANTEE OF COMPLETION REQUIRED PRIOR TO RECORDING PLATS GUARANTEE MAINTAINED UNTIL WARRANTY EXPIRES FOR IMPROVEMENTS DEDICATED TO PUBLIC AGENCY: No plat shall be recorded until: A. Financial Guarantee Required; Form: The public improvements associated with the plat are financially guaranteed for performance by a surety bond, cash deposit, cashier's check. or irrevocable letter of credit in the citv's name in accordance with following terms through written agreement: 1. Surety Bond: The bond shall be with a surety company authorized to do business in the State of Idaho and acceptable to the City. 2. Cash Deposit, Cashier's Check, or Irrevocable Letter of Credit: A cash deposit, cashier's check, or irrevocable letter of credit in the City's name, shall be deposited with an escrow agent, city treasurer, or trust company. 3. Accrual: The financial guarantee shall accrue to the City of Chubbuck covering all costs of construction of the public improvements. 4. Amount: The financial guarantee shall in the amount one hundred fifty percent (150%) of the total estimated costs based on the development cost estimate in this section, for completing construction of the public improvements, as approved by the Director. 5. Term Length: The financial guarantee shall be in force for a minimum period of twenty-four (24) months with automatic renewal until the improvements have been deemed completed by the Director and accepted by the City and shall continue until all contractual warranty periods are completed in accordance with section 17.16.070 of this title. 4. Development Cost Estimate: The Development Cost Estimate shall be provided by the developer's engineer of record for review and approval by the Director. 5. Penalty for Case of Failure to Complete Construction of Public Improvements: In the event that the developer fails to complete construction of the public improvements within the period of time required by the conditions of the guarantee, the city may at the city's discretion, either enter into longer terms with the developer or determine and take necessary action in order to accomplish completion of the required public improvements. The city may reimburse itself for the cost and expense thereof by appropriating the financial guarantee in whichever form provided and if costs to complete the public improvements exceed the financial guarantee, the city may seek additional monies from the developer or owners of the property through all legal means. Longer terms to accomplish completion of the required public improvements will only be considered if all owners within the bounds of the development provide their written consent to the extension's term. 6. Release of Guarantee for Improvements Not to be Dedicated to a Public Agency: a. Public improvements which are not dedicated to a public agency yet which require a financial guarantee in accordance with this section are not subject to the section 17.16.070 warranty period. Following completion of the public improvements which are not to be dedicated to a public agency, the developer may submit a written request to the Director for final inspection. To receive approval, the improvements must be fully functional and able to be utilized by lot owners within the development. If the Director determines that the developer completed the work in accordance with the development agreement requirements, the Director may consider the inspection final and authorize release of the financial guarantee covering those improvements. If the inspection discloses work not completed in accordance with requirements of the development agreement, the Director shall not declare that portion of the project complete until such time that noncompliant issues are addressed to the satisfaction of the Director. C. Sidewalk Exception: For subdivisions where the Citv determines it to be in the best interest of the property owners to install sidewalks at the time of building rather than at the time of subdivision development, the following procedure will be followed regarding the installation of sidewalks: 1. Building Permit/Certificate of Occupancy: A building permit may be issued on a building occupying a lot when the required sidewalk has not been installed under the following conditions: a. The building permit will clearly note that the sidewalks shall be installed prior to the receipt of a final Certificate of Occupancy. b. Prior to issuance of a temporary Certificate of Occupancy, a cashier's check or cash shall be deposited and held in escrow by the City until such time that the sidewalks are installed. It shall be the responsibility of the property owner to request an inspection of the installation and request a refund of the escrowed funds from the City. All refunds of such escrowed funds shall be subject to the accounts -payable cycle of the city. An inspection by the Director showing acceptance and compliance of the sidewalks shall be completed prior to any request for a refund of the escrowed funds. c. From time -to -time, buildable lots may be purchased by an adjoining landowner, or a non -adjoining landowner, who does not either intend to build on the lot or who does not intend to build on the lot in a pace consistent with the development's build -out. In such cases, to connect the pedestrian infrastructure in the development, the City may compel construction of the sidewalk by the property owner within ninety calendar days (90), weather -permitting, and if not completed, the city may construct the sidewalk and/or seek remedy in accordance with section 17.20.050. 17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS: No structures or improvements, except those to be dedicated to the public as provided in this title, shall be built, installed or placed upon any lands within a development until: A. The final plat of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city, or bond, check or line of credit furnished as provided in section 17.16.050 and/or 17.20.010 of this title. (Ord. 754, 2016) 17.20.040: PERMITS MUNICIPAL I SERVICES: The city will not issue permits to b ii .sT.tai's, piace,,epaiui. e. iemeve any StrUG ir�or i mnreyernen+c upon lands within a development, ,,,in„r ,ii the i+.,o rmaintain streets or furnish water, sewer or sanitation services within the development, until: A. The final plat (if not waived) of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city. Neither will the city issue such permits or furnish such services to completed developments that do not conform to the finally approved and recorded plat. (Ord. 206 §4-1(D), 1979) Exhibit 3 Current Chapters 17.16.070: WARRANT AGAINST DEFECTS: All structures or improvements dedicated to the public, and accepted, shall be warranted against defects by the person(s) making the dedication and by the person(s) constructing or placing said structures or improvements upon the land, for a period of three (3) years from the date the City Council approves the acceptance of offer of dedications. The City, or its designee, may bring an action in any court of competent jurisdiction to compel the warrantor(s) to remedy any such defects or to obtain reimbursement for the cost of remedying such defects. (Ord. 754, 2016) L ENFORCEMENT 17.20.010: RECORDING OF PLATS: No plat of any development shall be recorded, nor shall such recording be valid, unless the plat has received final approval from the city council in the manner prescribed by this title . If an unapproved plat is recorded, the city may institute proceedings to have the plat stricken from the records maintained by the county recorder. (Ord. 206 §4-1(A), 1979) 17.20.030: LOCATION OF STRUCTURES AND IMPROVEMENTS: No structures or improvements, except those to be dedicated to the public as provided in this title, shall be built, installed or placed upon any lands within a development until: A. The final plat of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city, or bond, check or line of credit furnished as provided in section 17.16.050 of this title. (Ord. 754, 2016) 17.20.040: PERMITS AND MUNICIPAL SERVICES: The city will not issue permits to build, install, place, repair or remove any structures or improvements upon lands within a development, nor will the city maintain streets or furnish water, sewer or sanitation services within the development, until: A. The final plat (if not waived) of the development has been approved and recorded, and B. All required dedications have been made by the developer and accepted by the city. Neither will the city issue such permits or furnish such services to completed developments that do not conform to the finally approved and recorded plat. (Ord. 206 §4-1(D), 1979)