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HomeMy WebLinkAbout2013-OR-1ORDINANCE NO. 2013 -OR- I BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA AN ORDINANCE ESTABLISHING OF SIDEWALK FEE IN LIEU PROGRAM AND THE NON -REVERTING SIDEWALK CONSTRUCTION FUND WHEREAS, the City of Jeffersonville ("City") has adopted minimum development standards requiring sidewalks in all new developments; WHEREAS, occasionally a developer will request a waiver from constructing a sidewalk due to issues such as a lack of connectivity or terrain; WHEREAS, when a waiver is granted, the City loses an opportunity to improve its pedestrian infrastructure while at the same time the City does not want to require developers to construct cost prohibitive sidewalks in areas where such infrastructure does not serve its intended purpose; WHEREAS, the implementation of a sidewalk fee in lieu program would adequately address the issue by allowing developers to pay a fee in lieu of constructing sidewalks at which time the fees can be expended to fund a sidewalk project in a more appropriate location; WHEREAS, the Jeffersonville Department of Planning and Zoning has studied this matter in effort to determine criteria for granting a sidewalk waiver, the fee structures and the mechanisms for spending the in lieu funds; WHEREAS, the Jeffersonville Planning Commission ("Commission") has recommended the adoption and implementation of the sidewalk fee in lieu program consistent with the terms set forth herein; NOW THEREFORE BE IT ORDAINED by the Common Council for the City of Jeffersonville that there hereby is established a fee in lieu sidewalk waiver program as follows: SECTION 1: PURPOSE The purpose of the fee in lieu of sidewalk waiver program is to adequately provide an alternative mechanism for developers to pay a fee in lieu of constructing sidewalks when required by the development standards. SECTION 2: ADMINISTRATION The Jeffersonville Department of Planning and Zoning shall administer the fee lieu of sidewalk waiver program. Any developers seeking eligibility s ine application with the Department of Planning and Zoning. g Y hall make SECTION 3: ELIGIBILITY Eligibility of the fee in lieu sidewalk waiver program shall be determined by Jeffersonville Planning Commission. The Planning Commission shall r i thea re applications at which time it shall consider the following criteria in determinin elieW all for the fee in lieu of sidewalk program: 9 gibility 1. If it is determined by the Commission, upon the recommendation of the City Engineer, that due to pending street or utility construction, or other factors, would be in the best interest of the City that the sidewalk construction be postponed based upon any of the following: a) The sidewalk is proposed to be constructed within an existing right-of-way where sufficient right-of-way or easement width does not exist or cannot be dedicated to build the sidewalk; b) The location is along a road scheduled for widening; or c) A storm water drainage ditch or similar public facility prevents the construction of a sidewalk and neither the facility nor the proposed sidewalk can be reasonably relocated or altered to accommodate both the facility and the sidewalk. 2 The location is not within 1,000 feet of an existing sidewalk on the same side of the street. 3. The location is not within 2,500 feet (street distance) from an existingor proposed school. 4. Significant street trees, a grand tree, or a protected tree would be removed to provide a conventional sidewalk in the location. 5. Sidewalk construction is impractical due to topographical conditions or other site constraints. SECTION 4: FEE DETERMINATION AND PAYMENT In the event the Planning Commission grants fee in lieu sidewalk waiver such fees shall be determined on a case by case basis subject to the context of each site involved based upon the following: Sidewalk in lieu fees will be determined on a case by case context of each site involved. The City Engineer will work with a basis subject to the the in lieu fee prior to the applicants' projects beingconsideredapplicants to determine Commission. The fees will be based on cost of the materials for sby the Planning only. Costs associated with preparing a site for sidewalk construction construction included. Applicants will agree to pay the fee during discussion of uctwill not be Planning Commission. Fees must be paid in full prior to the Building ldin project ssiwitthe issuing a Certificate of Occupancy. The in lieu fee schedule is attached Commissioner ched as Exhibit "A". SECTION 5: NON -REVERTING FUND The "Non -Reverting Sidewalk Construction Fund" is hereby established. collected through the sidewalk fee in lieu program shall be kept separatefrom all other All fees monies and deposited into the "Non -Reverting Sidewalk Construction Fund." d." SECTION 6: EXPENDITURE OF FEES Funds deposited into the "Non -Reverting Sidewalk Construction Fund " be solely for sidewalk construction and rehabilitation that assists the shall" nn used City En completing projects in the Jeffersonville Sidewalk Master Plan. Such funds eer ine expended by the filing of a proper claim in issuance of a warrant for fymay be Fiscal Officer after appropriation by the Common Council for the Cityof payment by the Jeffersonville. This ordinance shall be in full force and effect after its passa e bythe Council and approval by the Mayor. g Common V. ted For: A dorgOAri _Wer: Voted Against: 77 At AO w PASSED AND ADOPTED by the Common Co ncil of the Cit Clark Count, Indiana upon this day of Y of Jeffersonville, 2013. ATTEST: Vicki Conlin, Clerk City of Jeffersonville :16,41, Connie Sellers, President Jeffersonville Common Council PRESENTED by me to the Mayor of the City of Jeffersonville Indiana upon this day of ~"r1���,( Clark County, 2013. Vicki Conlin, Clerk City of Jeffersonville SIGNED and APPROVED by , 2013. me upon this day of Mike Moore, Mayor City of Jeffersonville *fe Jeffersonville and will be determined case by case by the City Engineer EXHIBIT "A" 5 foot wide sidewalk (4" thick concrete) $40.00 per linear foot 5 foot wide sidewalk (brick) $65.00 per linear foot Retaining wall $28.00 per linear foot Railing $1 1.50 per linear foot Curb and gutter $17.30 per linear foot Wheelchair ramp without detectable warning plates $900.00 Wheelchair ramp with detectable warning plates $1,150.00