Loading...
HomeMy WebLinkAbout1989-01-23 89-64 ORDINANCEFAM rAunml/wnon Date 1/23/89 Were Is, 89-64 Item/Subject: Amending Chapter VI, Article 14 of the Laws and Ordinances of the City of Bangor - Public Streets and Sewers Responsible Department: engineering Commentary: The purpose of this Crassness arrembsent is to revise she City's policy with regard to participation in the costs of residential and commercial street and sever construction costs, wherein It is now proposed that there would be- o City participation. DeprtMemis d Manager's Comments: mgn ry MwQ Ciry Ma Associated Information: Budget Approval: N, or "all Legal Approval: ah QQ 0` 4l , CirySWick" , mtraduced For Passage Page_ of— Fiferral inSe g s �e is. ^ ��' fleferral `/'"-�..M,y<+x1�MKl is.Re It b� Am,medto Counciluc Sd u CITY OF BANGOR (TITLE.) (DrbhUUr.Cy amending cheptex VI, art cl l4 of the Lava -and- Ordimaces .of. the. City. of.. Bangor.... Yub1lc.Streets.. and Severe ........... .......... Be ll urdaitud by Its C tv CeumaR of Ute Cityafaanppr, dafollava: Mat Chapter VI, Article 14 of the Lava and Ordinances of the City of Bangor be amended by deleting subsections 5.1.3. 5.1.4, and 5.1.5 and s�stltvtivg the fallowing new Subsection 5.1.3: 5.1.3 Subdivision Streets. Sewers and Other utilities. 1. The construction of streets, are= and sanitary sewers, end other utilities within privately developed residential and commercial subdivisions shall be the responsibility of the Subdivider, at his or her expense, except as er specified. 2 Where the City Council determines that streets within a subdivision primarily toete the ounce of Me public in travelling toappropriatearea of the City sufficient fundsttoareimburse he S Council shall comm St or re a to the Subdivider the coat rm additional improvements he higher Engineer, s of construction a may be determined upon to be necessary re the City Bnglne x said addicioml coat to be based upon an estimate prepared by the City engineer. 3. If the City requires the Subdivider to harell storm or sanitary severs which e larger in capacity or deeper than any be required to serve only thesubdivision, for the purposes of further extension toserve other areas not owned by the Subdivider, than the differential coat fathe larger size avd/or extra depth will be paid by the City, based upon an estimate prepared by the CityEngineer. 4. The cast of electrical power lime, telephone, water, and any other utility lines shall be the responsibility of the Subdivider, and he or she shall provide evidence of contracts with said utility companies Prior to the start of construction. The Subdivider shall be required to Install underground service rvice laterals to each e lot at his or her expense, including water and s and,o if he r she so desires, underground power, cable TV and telephone, to be completed prior to street construction.. 5. The Subdivider may be required to provide for the construction of additional Improvements asmay. be necessary as a result of the subdivision contraction, Including, but not limited to, improvements at intersections with existing streets, the construction of turning ideas, traffic signals. sidewalks, and signs. 6. Street lights within the subdivision will be Installed by the City on an as -needed bade, as determined by the City paginate, said street lights est site to be installed on poles to be furnished by the Subdivider or by other -1- utility companies. The Subdivider .will be required to pay to the City prior to the conplecion of the subdivision construction an amount estimated by the City Engineer to be sufficient to cover the cast of eventual street light installation. ]. Subdivisionstreet eves and s construction shall not begin until the final Planning City untilSubdivisionf Plan has been approved by the Specifications Board and the reviewed ed anal. until the final Construction Engines plane and l Improvement have been reviewed end required by the City Engineer, and until Improvement by a City ees a may be required by Chapter XII. ed top 8 are accepted by the City and co. The iSubdividernspection will be required h pay the casts of plan review end construction riortoth start of by the City, and ahffiestimate with the City Treasurer prior [o the start of c oubdivide a Amount estimated by the City Engines[ to c said costs. quir , Including but shall also pay the Coat of all [eating which may be required. including but no[ limited CO gravel gradation. concrete shove and compression. and soil compaction. 8. All work Shull be undertaken In a continuous mounrux,.to be completed a as possible. A schedule of completion Shall be submitted by the Subdivider prior to the start of construction, to be approved by the City Engineer. 9. The Subdivider may choose to have the streets paved by the City as part of the annual City paving program, subject to the prepayment to the City of theestimated cast of said paving. as determined by the City Engineer. The City may decide that only the binder course of paving should be completed prior to the acceptance of the streets. with the installation of the surface course to be Lu talled at a later time; in any event. the Subdivider will be required to pay to the City an Amount estimated by the City Engineer to be sufficient to cover the total coat of paving, said payment to be made before the paving work is started. Streets will not be accepted as Public ways by the City until at least the binder course of paving has been completed. Where to than one street is involved, consideration will be given to acceptance upon complation of the paving of each street If safe public access and ease of maintenance Is assured. 10. Prior to the acceptance of any of the Public Improvements, the Subdivider shall convey to the Clty all necessary right-of-ways and easements for road, sewers, and other utilities. TheCity will assume maintenance responsibilities for the streets and sewers after acceptance by the City, notwithstanding the Subdivider obligation to complete remaining work and correct ect deficiencies under the provisions of the Improvement Guarantee required by Chapter SIT, Article 8. 11. -Building permits may be issued by the City for private construction within the subdivision during the period when the roads and utilities are being constructed; however, the Subdivider Shall be responsible for repairing. at his or her expense, andamage to the roads and utilities as may be caused by said private construction. In any event. no Certificate of Occupancy will be issued by the City until the Streets are certified by the City Engineer as being Satisfactorily complete in accordance with the approved Plana and Specifications, and ready for acceptance as public ways. 12.' The provisions of this subsection shall apply to all subdivisions for which final plan approval had not been granted by the City Council on 0[ before-8ebruary 13. 1989. -2- 13. Subdivisions which received final plan approval prior to February 13. 1989 shall have until December 31. 1989 to complete improvements which are eligible for financial participation by the City of Bargor. Such participation shall be limited to fifty percent of the, coat of constructing sanitary sewer lives as estimated by the City gngineer. All lmprovenents completed after December 31. 1989 shall be entirely the responsibility of the Subdivider. -3- 89-64 AmigmM to famcdor Tilley. January 23, 1989 CITY OF BANGOR (TITLE.) WrDQl MM, Amending Chapter V1, Article 14 of the las and Ordinances of the City of Hangar - Public Streets and sewers Be ttordained byfAe City Cmad of City of Banw, as tbibrue: , That Chapter vp article 14 of the laws and Ordinances of the City of Bangor be amended by deleting subsections 5.1.3, 5.1.4, and 5.1.5 and substituting the following: 5.1.3 Subdivision Streets, Severe and Other Utilities. 1. Thecnstruction of streets, storm and sanitary a and other utilities within aprlvately developed residential subdivision shall be the responsibility of the Developer, at his expense. except as hereinafter specified. 2. Where the City Council determines that streets within a subdivision primarily serve the needs of the public In travelling from one area of the City to another. the City Council shall commit or agree to appropriate sufficient funds to reimburse to the Developer the cost ofadditional improvements or higher standards of construction as any be determined to be necessary by the City Engineer, said additional cost to be based upon an estimateprepared by the City Engineer. 3. If the City requires the Developer to install storm a sanitary s which e larger in capacity than may be required t only the subdivision, for the purposesof further extension t0 a otherareasnot owed by the Developer, then the differential cost for the larger will be paid by the City. based upon an estimate prepared by the City Engineer_ 4. The cost of electrical power lines, telephone, water, and any other utility lines shall be the responsibility of the Developer, and he shall provide evidence of contracts with said utility companies prior to the start of construction. The Developer shall be required to install underground as rvice laterals to each lot at his expense, including water and s and, if heo dealresunderground power, cable TV and telephone, to be completed prior to street construction. 5. The Developer may be required to provide for the construction of additional improvements asmay be gaCwgsary as result of his subdivision construction, including, but not limited to, improvements at intersections with existing streets, the construction of turning lanes, traffic signals, sidewalks,(hnd signs -I- 6. Street lights within the subdivision Bill be installed by the City on an as -needed basis, as determined by the City Engineer, said street lights and wire to be installed on poles to be furnished by the Developer or by other utility companies. The Developer will be required to pay to the City prior to the completion of his c ruction a amount estimated by the City Engineer to be -sufficient to cover the coat of eventual street light installation. T. Subdivision street and sewer construction shall not begin until the final Subdivision Plan has been approved by the Planning Board and the City Council, until the final Construction Plans and Specifications have been reviewed and approved by the City Engineer, and until Improvement Guarantees as required by Chapter EII, Article 8 are accepted by the City Solicitor. The Developer will be required to pay the costs of plan review and construction inspection by the City, and will deposit with the City Treasurer prior to the start of construction an Amount estimated by the City Engineer to cover said costs. The Developer shall also pay the coat of all testing which may be required, including but net limited to gravel gradation, concrete slump and compression, and soil compaction. - 8. All work shall be undertaken in a continuous summer, to be completed a soon as possible. A schedule of completion shall be submitted by the Developer prior to the start of construction, to be approved by the City Engineer. 9. The Developer may choose to have the streets paved by the City as part of the annual City paving program, subject to the prepayment to the City of the estimated coat of said paving, as determined by the City Engineer. Me City may decide that only the binder course of paving should be completed prior to the acceptance of the streets. with the installation of the surface course to be installed at a later time; in any event, the Developer will be required to pay to the City an amount estimated by the City Engineer to be sufficient to cover the total cost of paving, said payment to be made before the paving work is started. Streets will not be accepted as public ways by the City until at least the binder course of paving has been completed. Aare more than one street is involved, consideration will be given to acceptance upon completion of the paving of each street if safe public access and ease of maintenance is assured. 10. Prior to the acceptance of any of the public improvements. the Developer shall convey to the City all necessary e ary right-of-ways and easements for road, sewers, and other utilities. The City will a maintenance responsibilities for the streets and sewers after acceptance by the City, notwithstanding the Developer obligation to c complete remaining work and correct deficiencies order the provisions of the Improvement Guarantee required by Chapter XII. Article 8. 11. Building permits may be issued by the City for private construction within the subdivision during the period when the roads and utilities are being constructed; however, the Developer shall be responsible for repairing. at his expense, any damage to the roads and utilities as may be c sed by said private construction. In any event, no Certificate of Occupancy will be issued by the City until the streets are certified by the City Engineer as being ready for acceptance as public ways. 5.1.5 omitted. -2- 89-a4 ORDINANCE l TITLE,) Amending Chapter VI Article 14 :,'Df the -In'Gity Council January 23.1989 Laws .and ordinances of the City of Bangor -.. Refered to C*vonity and eyncrac Development Public Streets and Sewers cc n ttes - y to Q. rty clerk GdvCi In City m Cil February 13,1989 N by Substitution and Amended in the subs tued copy Sec. 12 Deleted and replaced with the following Sec. 12 Effective Date The provisions of t;s Subsection 5.1.3 Shall apply to all subdivisi a receiving final, plan apprcval by the City Council on or after February 13,1989 Vote for passage as aavnded 9 yes voting yes Blanchette,Englvd.Sawyer,Saxl,Shubert,Sosnand,Strn,e ,Sullivan Tilley Passed as amended by substitution and 'a as d Substi tuted osp attached W/Al�� pate February f,3, 1989 TO: Bangor city Council FROM. Robert E. Miller, City 'Solicitor RE; Council Ordinance #89-64 - Proposed Amendment THAT Section 12 be deleted and replaced with the following: - Sec. 12 Effective Date.The provisions of this Subsection n.l.3 snail apply to all subdivisionsing final plan approval by the City Councilreceiv on or after February 13, 1989. R.E.M. to cc. City Manager City Clerk