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HomeMy WebLinkAbout2001-305S \Our Documents\Ordinances\01\Payments in Lieu of Construction doc ORDINANCE NO A001 _ 3 0 4_ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO ADD SECTION 34-127 "PAYMENTS IN LIEU OF CONSTRUCTION POLICIES AND PROCEDURES", PROVIDING A SEVERABILITY CLAUSE AND A REPEALER CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Engineer of the City of Denton and the Planning and Zoning Commission have recommended that the City's subdivision regulations be amended to provide for certain payments in lieu of construction polices and procedures as more fully set forth below, and WHEREAS, the City Council, after conducting a public hearing, hereby finds that it is in the public interest to make such amendment to the subdivision regulations, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Chapter 34 "Subdivision and Land Development Regulations" of the Code of Ordinances of the City of Denton, Texas is hereby amended to add a Section 34-127 to read as follows Sec 34-127. Payments in Lieu of Construction Policies and Procedures (a) Payments in Lieu of Construction Payments in lieu of construction of required perimeter streets and sidewalks may be permitted at the time of final plat approval under the following circumstances (1) Due to safety, connectivity, size of the project, the improvements being a part of an upcoming public improvement project, the improvements being a part of a multi -phased project, or other reasonable factors, the City determines it would be more feasible to defer the actual construction of the required public improvements to a later date, or (2) In granting an exaction variance under Section 34-6, the variance may be conditioned upon payments in lieu of construction, and (3) The Planning and Zoning Commission, or City Council in the case of an exaction variance, finds that the existing conditions are such that it will not be hazardous to defer the construction of such public improvements to a later date (b) Deposit and Determination of Payment Amount When payments in lieu of construction are permitted by these regulations, they shall be deposited by the owner with the City Engineer at the time of final plat approval Such amount shall be equal to the cost of the design and construction of the required improvements The City Engineer shall determine the amount of the payment by using the average of comparable bids awarded by the City in the preceding six months, or if none exist, then in the preceding year, or if none exists, the current market value of construction as determined by an estimate of the City Engineer The owner will be permitted to provide the City Engineer any market data to facilitate his estimate The design fee estimate shall be calculated as six per cent of the construction costs (c) Disbursement of Deposited Funds The deposited fiends, together with accrued interest, may be disbursed for the payment of the design and construction of any public improvement for which the funds were deposited (d) Refunds In the event the City has not authorized the preparation of plans and specifications for the construction of public improvements for which funds have been deposited within ten years after such funds have been deposited with the City, upon written request from the owner, or its successors or assigns, the City shall refund the funds, with accrued interest If a public improvement for which funds are deposited is constructed by another governmental entity at no cost to the City, the funds and accrued interest shall be refunded to the owner after completion and acceptance of the public improvements In the event a portion of the cost is borne by the City and the other portion is borne by another governmental entity, the City will refund any unused portion after completion and acceptance of the public improvements (e) Interest Limitation If deposited funds are refunded within six months of deposit, only the principal will be refunded Funds returned after that date will be refunded with accrued interest, calculated at one per cent less than the rate of actual earnings Actual earnings is the rate of return on the actual investment of the deposited funds by the City (f) Owner's Option Payments in lieu of construction are not impact fees The owner shall have the option to construct the required street and sidewalk improvements SECTION 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 3 To the extent of any conflict between this ordinance and any other ordinance of the City of Denton this ordinance shall supercede any such conflicting provision Subsection 34-114(5)b 2 of the Code of Ordinances of the City of Denton is hereby repealed in its entirety SECTION 4 This ordinance shall become effective immediately upon its passage and approval Page 2 '4�- PASSED AND APPROVED this the 6V day of JC , 2001 eo�� An4- EULINE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM E107 Page 3