HomeMy WebLinkAbout2017-OR-52 ORDINANCE NO. 2017-OR- c5a
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE, INDIANA
AN ORDINANCE AMENDING 2013-OR-1 AN ORDINANCE ESTABLISHING SIDEWALK FEE IN LIEU
PROGRAM AND THE NON-REVERTING SIDEWALK CONSTRUCTION FUND
WHEREAS, the City of Jeffersonville ("City") has previously adopted 2013-OR-1 entitled "An
Ordinance Establishing Sidewalk Fee in Lieu Program and the Non-Reverting Sidewalk Construction
Fund"
WHEREAS, the Common Council for the City of Jeffersonville ("Council") desires to amend 2013-
OR-1 to clarify the establishment, implementation, administration and purpose of the ordinance;
NOW THEREFORE BE IT ORDAINED by the Common Council for the City of Jeffersonville that
2013-OR-1 is hereby amended as follows:
AN ORDINANCE ESTABLISHING OF SIDEWALK FEE IN LIEU PROGRAM
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 in lieu of sidewalk
waiver program. Any developers seeking eligibility shall make application with the Department of
Planning and Zoning.
SECTION 3: ELIGIBILITY
Eligibility of the fee in lieu sidewalk waiver program shall be determined by the Jeffersonville Planning
Commission. The Planning Commission shall review all applications at which time it shall consider the
following criteria in determining eligibility for the fee in lieu of sidewalk program:
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, it 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
as 1-7
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PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark Count, Indiana
upon this <:Qf'day of , 2017.
Lisa Gill, President
Jeffersonville Common Council
ATTEST:
Vicki Conlin, Clerk
City of Jeffersonville
PRESENT D by me to the Mayor of the City of Jeffersonville Clark County, Indiana upon this
day of , 2017.
Vicki Conlin, Clerk
City of Jeffersonville
SIGNED and APPROVED by me upon this f):I;l day o 2017.
Mike Moore, yor
City of Jeffersonville
020/ -off-,5d-
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 existing or 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 basis subject to the context of each site
involved. The City Engineer will work with applicants to determine the in lieu fee prior to the applicants'
projects being considered by the Planning Commission. The fees will be based on cost of the materials
for sidewalk construction only. Costs associated with preparing a site for sidewalk construction will not
be included. Applicants will agree to pay the fee during discussion of their project with the Planning
Commission. Fees must be paid in full prior to the Building Commissioner issuing a Certificate of
Occupancy. The in lieu fee schedule is attached as Exhibit "A".
SECTION 5: NON-REVERTING FUND
` dewafk was+..,ri+:^ C..„d” is he l4y.-x-144 . -All fees collected through the
sidewalk fee in lieu program shall be kept separate from all other monies and deposited into the "Non-
Reverting Sidewalk Construction Fund."
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Sodewalk Master Plan. SUCh fURGIS may be expeRded by the filing of a propeF claim iR issuance of a
waFFaRt fE)F payment by the PiSGal QffiCeF after appFelpFiatieR by the Common Council feF the City e
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This ordinance shall be in full force and effect after its passage by the Common Council and approval by
the Mayor.
r: Voted Against: