01-10-2005 Council Packet - Laserfiche WebLink

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r W04-3016 “Occk%l(le In Orono” January 7,2005 Past 6 t Staff and Cit)’ Engineer have substantial concerns with regard to contamination of the road base by vehicular traffic during road construction, and the fact that there will be lengthy periods when the house under construction will not be accessible to emergency vehicles, etc. The Orono Subdivision Code st.ates as follows with regard to this issue; See. 82-49. Issuance of building permits and certificates of occupancy. (a) When public and/or private improvements arc required for a subdivision, building pcmiits und certificutes of occupancy may be issued only subject to the appioval of the council and shall be provided for in die subdivider's agreement. (b) Building pennits will not be issued to any lot wliich lot has access only onto proposed public or private street unless such street has been inipioved to the point so that it is adequate for vehicular access by the prospective occupant and by police and fire department and emergency vehicles. (c) In no ease will a certificate ofoccupancy be issued to any buildingon any lot in the subdivision which lot has access only on a new public or private street until a certificate of satisfactory completion has been issued for that public or private street. (Code 1984, § 11.16) Neither Lot 3 nor the other 6 lots have suitable access other than from the proposed private road. The situation where the existing house on a property is not on a new lot abutting an existing local or collector load, is a unique situation not found in the vast majority cf p.ist plats in Orono. 1 lowcver, the code is clearly intended to address just this situation. Tlirreforc, it is staff s recommendation that no building permits be authorized or issued until the road base and initial bituminous layer have been installed, subject to approval by the City Finginccr. If the applicant could come up w ith an alternative temporary con.struction access that w ould adequately provide for emergency vehicles and general site accc.ss during road'utilityconstniction and avoid the need to u.se the road during its construction, then stalTcould potentially support a variance to allow i>ne building pennit prior to road completion. A second item of issue w ithin the Developers Agreement is the applicant’s desire to place a dollar limit on his obligation to pay for City expenses related to the subdivision. (Sec item 6 on page 3 of Exhibit E-1) Such a limitation is not acceptable and stalVwould not support inclusion of such a limit, unless the limit is set so high as to cover all conceivable expenses... Staff will advise Council of any other issues with the Developers Agreement as the review continues. Homeowners Association. Covenant.s, etc. I'.xhibits li-5, E-6 and E-7 me provided should Council w ish to review them. Staffhas no significant issues w ith the language of these documents.