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
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mtraduced For
Passage Page_ of—
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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