Council Policy 6-4 Cost Sharing For New Fire Hydrant Installation and/or Public Water Main Improvements

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 businessesthat 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 Twenty Thousand and NO/100 Dollars ($20,000.00), unless the City Manager determines that the location of the proposed improvements corresponds with a 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

RESPONSIBLE DEPARTMENT: Community Services Department

EFFECTIVE DATE AND RESCISSION: This policy becomes effective on November 10, 2015. And rescinds Council Policy No. 6-4 dated February 12, 2008.

________________________________________________

Fred L. Fitch, Mayor

MAYOR

Attachments: Request for Public Safety Improvement Cost Sharing Application Form

CITY OF LAWTON

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)