Forcing construction to proceed unlikely, city official says
Strengthening project completion rules eyed
Jan. 27, 2010 | 0 comments
Watching construction grind to a halt on a private development can be frustrating, but the suggestion that the city impose and enforce staggered deadlines for developers during the construction process just isn't practical, one city official said.
In fact, in a memo to the Brookfield Plan Commission, Planning Administrator Mike Theis said establishing "performance and activity levels could at times be project-specific, potentially time-consuming and difficult to enforce."
But the city can enforce the deadlines it sets for completion or occupancy of commercial and multifamily buildings, charging financial penalties for failing to complete a project on time, he said. In addition, it can add timelines for removing debris and rules about storing unused construction equipment and materials to its existing ordinance.
Theis shared his thoughts on the topic Monday when the Plan Commission took a closer look at Alderman Mark Nelson's proposal, introduced in July, meant to address construction projects that have started and then been repeatedly delayed.
The city's construction completion ordinance applies to multifamily and commercial buildings. Due to that law and recent Plan Commission actions, builders of multifamily and commercial structures in Brookfield usually are required to complete their project or occupy a building within two years of receiving a building permit.
Construction of single- and two-family buildings are governed under the state statute, which allows two years from time the permit is pulled for the exterior to be finished. It also prohibits municipalities from setting deadlines for internal construction.
The Plan Commission on Monday tabled the discussion and directed the planning department to come back with some tweaks to the city's municipal code regarding language on financial penalties and site maintenance of construction projects.
Any amendments to the code would require a public hearing before the amendments could be adopted.
Plan Commissioner Paul Wartman said he appreciated Nelson's efforts to address delinquent construction projects.
"It's a great step in the right direction," he said.
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