Policy 6-4 COST SHARING FOR NEW FIRE HYDRANT INSTALLATION AND/OR PUBLIC WATER MAIN IMPROVEMENTS

Policy 6-4    COST SHARING FOR NEW FIRE HYDRANT INSTALLATION AND/OR PUBLIC WATER MAIN IMPROVEMENTS.

COUNCIL POLICY 6-4  

DISTRIBUTION:    Mayor and City Council
            All Departments

SUBJECT:    Requests for cost sharing with the City of Lawton for new fire hydrant installation and/or public water main improvements that are required for public safety and meet current development standards in areas with existing commercial development.

BACKGROUND:    There are areas with existing commercial development within the City that have been identified as needing additional fire hydrants and/or new or upgraded public water mains to meet current development requirements.  These improvements are necessary to improve public safety.

These upgrades very often benefit more existing commercial businesses than just that of the owners/developers that are being required to make the improvements as part of the construction of new buildings, or the remodeling or change in use of an existing structure.

The City Council of the City of Lawton establishes this policy for cost sharing requests related to fire hydrant installation and/or public water main improvements related to public safety and required to meet current development standards for areas that have existing commercial development which was developed under previous code requirements.

POLICY/
PROCEDURES:    Property owners/developers who are required to install one or more new fire hydrants and/or upgrade/install new waterlines within the public right-of-way or a public utility easement adjacent to the public right-of-way to meet fire protection requirements and/or property and life safety concerns within previously developed commercial areas such that said improvements will also provide direct benefit to existing nearby commercial properties not owned/leased by the owner/developer, shall be eligible to submit a request for Council consideration for sharing the direct cost of the improvement associated with these requirements.  The application shall be submitted on the form attached to this policy.
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I.    Application

A.    To apply for consideration for cost sharing of identified public safety improvement costs, a City of Lawton “Request for Public Safety Improvement Cost Sharing” form must be completed and submitted to the License and Permits Division prior to beginning the installation of said required improvements.

II.    Review

A.    Within three (3) weeks of the date of the application, the License and Permits Division, with any necessary input from the Engineering Division, the Planning Division, and/or the Fire Department, shall review the application request and make a recommendation to the Community Services Director as to whether the request should be approved or denied.  This determination shall be based upon the following factors:

1.    Has the owner/developer been required to install one or more new fire hydrants, and/or been required to install/upgrade a waterline directly related to public safety?

2.    Is the above requirement to be located within the right-of-way of a public roadway, or a public utility easement adjacent to same?

3.    Will the required upgrade provide benefit to other previously established commercial businesses that are not owned/leased by the owner/developer of this property?

4.    Has the applicant shown that said improvements meet the Public Benefit Threshold such that the area of the buildings within the direct benefit area that are owned/leased by the applicant is less than 50% of the total area of all the buildings within the direct benefit area? (The direct benefit area is that area which can be shown as underserved by the existing fire hydrants and/or public water mains with regards to public safety, based on current code requirements.)

B.    Upon such review, if it is determined that the request does meet all of the above factors, the License and Permits Division shall forward the request to the Community Services Director with a recommendation that it be approved for cost sharing.

III.    Approval

A.    If the Community Services Director concurs with the recommendation to approve the cost share, he/she shall notify the License and Permits Division and the Public Works Department of the recommendation for cost share approval.

B.    The Public Works Department shall be responsible for verifying the materials/parts required and determining the City’s cost of these materials/parts.  For all approved requests, this shall be the maximum amount allowed to be provided as the City’s portion of the approved cost-share.  In addition, the total cost for material/parts provided by the City for any one project shall be limited to Ten Thousand and NO/100 Dollars ($10,000.00), unless the Director of Public Works determines that said project meets the goals and requirements of listed Capital Improvement Project.

C.    The City’s contribution toward an approved cost-sharing request shall only be through providing the actual parts/materials required for those fire hydrant installations and those portions of the public water system improvements which meet City Code and the further requirements stated herein.  The requester(s) shall be required to enter into the standard form cost sharing agreement for construction of the required infrastructure.

D.    Once completed, the standard form cost sharing agreement shall be forwarded back to the Community Services Director, who shall place the request on the agenda for Council consideration.

IV.    Denial

A.    Upon such review, if it is determined the request does not meet all of the requirements listed above, the License and Permits Division shall recommend to the Community Services Director that it not be approved. This recommendation shall include the reason(s) why the application fails to meet the requirements for further consideration.

B.    If the Community Services Director concurs with the recommendation to deny the cost-share request, he/she shall attach this decision to the request packet and return to the License and Permits Division.

C.    The License and Permits Division shall then notify the applicant(s) in writing of the denial and the reason(s) for the denial.

V.    Appeal

A.    The applicant(s) may appeal such denial in writing to the Community Services Director within thirty (30) days of the date of the letter of denial, whereby said appeal shall be placed on the next appropriate City Council agenda for consideration.

REFERENCES:    None

EFFECTIVE DATE/
RESCISSION:    This policy becomes effective on February 12, 2008.

RESPONSIBLE
DEPARTMENT:    Community Services Department



________________________________________________
JOHN P. PURCELL, JR.,
MAYOR


Attachments:    Request for Public Safety Improvement Cost Sharing Application Form




C ITY OF L AWTON

LICENSE and PERMITS DIVISION
City Hall – 103 SW 4th Street, Lawton, OK 73501
Telephone 580-581-3360    Fax 580-581-3573



Request for Public Safety Improvement Cost Sharing Application


NOTE:    This form applies to applications for cost sharing for public safety improvements in accordance with City Council Policy 6-4.

Project Name:                                             


Project Address:                                             


Describe Required Public Safety Improvements:                         

                                                                             

                                                     

                                                     

                                                     

                                                     

Are Required Improvements Located Within the Right-of-Way
of a Public Roadway or a public utility easement adjacent to same?        Yes     No  

Will the required upgrade provide benefit to other previously
established commercial businesses not owned/leased by the applicant?    Yes     No  

Determine Public Benefit Ratio:

Total Area of Building(s) Owned/Leased by the Applicant:              sq.ft.


Total Area of Buildings Within the Direct Benefit Area:              sq.ft.


Public Benefit Ratio:         %


Required Attachments:      


     Site Plan of the proposed development showing required fire flow improvements

     Area Plan showing existing buildings and all existing water mains and fire hydrants

     Construction Plans for the   required fire flow improvements

     List of requested materials required for construction

     Application Fee







Applicant:    Owner          Lessee  



Name                                                      


Phone                 Fax                 Other                  


Mailing Address                                             


City, State, Zip                             Email                 


Certification:


Applicant:  I hereby certify and say that all the above statements and the information

contained in all of the exhibits attached hereto and transmitted herewith are true in

accordance with my best knowledge and belief.


Date                     Applicant’s Signature                         


Staff Use Only:



Received by                    Date              Fee paid             

Attachments complete?    Yes        No       If “No”, application should not be accepted.

Public Benefit Ration greater than 50%?        Yes        No  

Determination by                 Date         

Recommended Action:                Approved          Denied  

Forwarded to Community Services Director:

Date             Concurrence:                Yes        No  

If Approved:

Forwarded to Public Works Director:

Date             Materials List Verified:    Yes        No  

Cost of materials:   $             

If cost is greater than $10,000, does this project meet

the requirements of a listed Capital Improvement Project?    Yes        No  

(If “No”, the materials list must be modified such that the City’s

contribution does not exceed $10,000.)

Returned to Community Services Director:    Date             

Date set for consideration by City Council:    Date             

If Denied:

Applicant sent Letter of Denial:            Date             

Written appeal received from Applicant:        Date             

 Date set for consideration by City Council:    Date             



(CP 6-4, Added, 02/12/2008)