HomeMy Public PortalAboutORD14621 Substitute by Councilman KLINDT
PASSED AS AMENDED
BILL NO. 2009-99
SPONSORED BY COUNCILMAN Klindt
Co-Sponsored by Council Members Carroll, Harvey, Scrivner, Pope. and Struemph
ORDINANCE NO. 14621
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY
CODE, CHAPTER 32, REGARDING DEFERRALS FOR SIDEWALKS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1 . Section 32-103 of the City Code of the City of Jefferson is hereby
amended as follows:
Section 32-103. Sidewalks Required.
A. No permit shall be issued for the reconstruction or construction of a new building,or a building
addition,or a new or expanded parking lot,unless a sidewalk exists adjacent to the property or
unless the plans for the building or parking lot provide for the construction of such a sidewalk.
The requirements of this section shall apply to reconstruction,cumulative building additions and
parking lot expansions following adoption of this ordinance,but shall not apply to the
rehabilitation or renovation of existing buildings or parking lots, or the construction of accessory
buildings. Applicants may request a vtnimt deferral of the requirement to construct sidewalks in
accordance with Paragraph C below provided however that the obligation of owners of tracts
with street frontages of 350 linear feet or more shall be limited to either(1)expending at
least 5% of the total project cost(i.e.,site development and building costs) toward public
sidewalks: or(2)constructing at least 50 linear feet of sidewalk,whichever is greater in cost,
with the remaining obligation deferred. For this purpose, project costs shall be estimated
using the R.S. Means construction cost data services. In the event that the application of this
subsection A of this section would result in the construction of a sidewalk which is too short
to have any practical use, the director may reduce or eliminate the requirement,or extend
the requirement to such an extent that a practical sidewalk can be built.
(Ord. No. 14021 §1, 3-20-2006; Ord. 14097, §1, 10-2-2006;Ord. No. 14431, §1, 11/17/2008)
B. Sidewalks shall be constructed in new Minor Subdivisions,as defined by Chapter 33, Subdivision
Code.
(Ord. No. 14023, §1,3-20-2006;Ord. 14097, §1, 10-2-2006; Ord.No. 14431, §1, 11/17/2008)
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C. Sidewalk'Waiver Deferral.Application.
1. Any Property owner reauired to construct sidewalks under the provisions of
subsections A and B.above. Appheants may request a waiver deferral of the
requirement to construct sidewalks in accordance with this sub-paragraph C .
2. Upon application by the owner,the Director of Community Development(referred to
hereinafter in this chapter as"Director") may approve a waiver deferral of to
sidewalks otherwise required by Paragraphs sub-sections A and B above, as provided
herein. at dm di�IL16�11 0
the-Bimetm' when' ,
a Applications for sidewalk deferral shall be completed on forms prescribed by the
Director at the time of submittal of the site plan,when site plan approval is
required,or if no site plan is required,with the buildine permit application. A eM
of an application for a sidewalk deferral shall be provided to each member of the
City Council immediately uVon its submission.
b.A decision on the deferral will be made within 10 days of application submittal. If
the Director fails to act on the application within 10 days, the application will be
deemed to have been approved. The Director's decision will be transmitted, in
writing,to the owner of the property, to each member of the City Council,and lead
project consultant,if applicable.The Director shall be entitled to request additional
information from the applicant as well as to extend the time period for a decision
with the consent of the applicant.
c.Appeals of the decision of the Director's decision shall be governed by Paragraph
E.
3. Deferrals may be applied retroactively to developments previously required to
construct sidewalks,or to new developments,when the criteria for such deferral is
met.
4. Sidewalk deferrals 2ranted for one Promect or time frame do not anarantee that that
sidewalk will never be required in a specific location.A location may be included in
an amended Sidewalk Master Plan or otherwise required to construct sidewalks,as
the area develops,or as conditions change.
5. If the City has adopted a Sidewalk Master Plan and the location is shown on the
Sidewalk Master Plan, at the time the application is submitted,as not having
sidewalks required,no sidewalks shall be reauired and no deferral shall be
necessary,provided that if no plan has been adopted then all areas shall be
considered to have been designated as having sidewalks required.
6. Deferrals shall be granted when the Director finds that the location is designated to
have sidewalks in the Sidewalk Master Plan and one or more of the followine
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conditions exist:
-1-a. The City has plans to construct sidewalks to serve the development,or plans to
widen or reconstruct the adjacent street which would require replacement of the
sidewalk within ter.(W)five 5 years of the application for waiver deferral;or
sidewalks;-or
b. No curbs and Butters exist,and it is impossible to a reasonable degree of
certainty to accurately predict the line and grade of future curbs and Butters; or
C. The location is within an area zoned industrial and there currently are no
sidewalks or pedestrian generators in the area, or
d. An enzineerine analysis accepted by the Director demonstrates the terrain
or other natural or Geographic features of the location are such that it is
not reasonable to construct sidewalks: or
e. An engineering analysis accepted by the Director demonstrates an alternate
uedestrian wav within the site provides an acceptable alternative; or
f. The development is proposed as very low residential density,consisting of
side family dwellings on lots of one(1)acre of more,Provided such lots
have street frontages of 350 feet or more: or
F- The frontage is along(i)a state or federally designated route with a
permitted speed in excess of 49 mph or (ii) a local street with a Permitted
speed in excess of 49 mph.
h. The development was required to construct sidewalks under the terms of
Previously existing ordinances and did not comply with that requirement,
but would not be required to construct sidewalks if the event which
tiered the original regnirement to build sidewalks had instead occurred
at the time the present application was made.
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i. If the requirement of constructing a sidewalk as provided in this section
would cause a property to lose all value,or construction of a sidewalk will
make the property unusable for any practical purpose,or if the
construction of a sidewalk would create an unusual hardship for the owner
(that is a hardship which would not be incurred by similarly situated
Property owners)the Director may,upon the consent of the Public Works
Committee,grant a deferral.
7. Procedures for, and effect of,deferral.
A- If a deferral is granted,the landowner shall not be required to install
sidewalks at the present time, but shall be required to install sidewalks within
twelve(12)months of notice from the City that sidewalks are now to be constructed
and that the deferral has been terminated.
b. Construction specifications shall be those applicable at the time the notice is
issued.
C. If the landowner does not construct sidewalks within twelve(12)months of
the notice,the City shall construct such sidewalk and shall bill the landowner for the
full amount of the City's costs in doing so. If the landowner fails to pay the bill
within sixty(60)days the amount owed shall constitute a lien against the property.
L If a deferral is granted, the owner may as a condition of the deferral be
required to grade the area in which the sidewalk would be located in preparation
for a future sidewalk.
f. If a deferral is granted,the deferral shall be considered to run with the land
and any subsequent owner shall be entitled to rely on the same as well as assuming
the same obligation to construct a sidewalk when requested to do so as provided in
this chapter. The City Clerk shall record a notice,substantially similar to the
noticed set forth below,with the County Recorder for each deferral:
Notice of Deferral
The real estate described in this Notice of Deferral was granted a deferral of the
sidewalk requirements of the City of Jefferson.Missouri on 20
This deferral is subject to the conditions set forth in the City Code and are subject
to change from time to time.The granting of a deferral of the sidewalk requirements
is not a permanent waiver of sidewalk requirements for this real estate and does not
mean that the sidewalk requirements will never be imposed for this real estate.This
real estate may subsequently be included in an amended Sidewalk Master Plan or
otherwise required to construct sidewalks,as the area develops,or as conditions
change. The property affected is more particularly described as:
[set forth legal description here]
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othe. ffimp die R. S. Means consbactim cost data set Hces. if mch..M.1 terien
E. Appeal of Denial of Deferral Waimt
1. The denial of a deferral vvai ter by the Director maybe appealed to the.Bowd-of
Atustme n City Council.
a. An applicant aggrieved by the decision of the Director may file a written appeal
to the Bomd of 4djastment City Council,addressed to the City Clerk,, within 10 days
of the decision of the Director;
b. Upon receipt of the appeal,the Bo2tid of Adjmttnen Mayor.shall schedule a
hearing on the appeal.
C. The burden of proof at the hearing shall be upon the applicant to show the
that the annlicant is eligible for the relief requested.
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3. +he Directot shali, mthin 45 day.of th,date he is notified of th,decision ef Ii.,fi�.'
5. 2"appheant nho is aggpieved by the decision of die board my appeal the decision to-dre
F. Maior Subdivisions. The preceding subparagraphs notwithstanding. sidewalks shall be
constructed in new Major Subdivisions(as defined by Chapter 33 Subdivision Code)as follows,unless the
owner requests,the Planning and Zoning Commission reviews and the Council approves,a variance under
(1)or(2)below. For the purposes of this Chapter,the term"new Maior Subdivision"shall mean any
subdivision approved by the Council after November20.2007.
1. When the Council determines in a Major subdivision that,through submission of an
engineering study that includes appropriate details such as cross-sections,grading plans,and
requirements for sidewalks because of the presence of unusual circumstances or conditions,
including without limitation,topographical conditions,and that the strict application of the
requirements for sidewalks would either prevent,or present a serious obstacle to the formation of a
plat for the reasonable use and development of land,the Council may permit the owner to vary
from the requirements for sidewalks or the location thereof.
2. The Council may permit a developer to vary from the requirement for sidewalks if the
Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with the
preliminary plat provides adequate access throughout the subdivision. Such a plan must provide a
continuous system of paved walkways located within easements dedicated as pedestrian ways.The
Council may require such width not to exceed ten(10)feet and such illumination as may be
appropriate to assure safety.
G. Construction Standards.
1. Sidewalks shall be constructed in accordance with the following street classifications.
Street classifications and location of sidewalks on local or cul-de-sac streets shall be determined
by the Director;
Street Type Sidewalk Requirement Sidewalk Width
Arterial Both Sides 5 feet
Collector Both Sides 5 feet
Commercial or Both Sides 5 feet
Commercial Cul-de-sac
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Residential Cul-de-sac or One side 4 feet
local street
2. Sidewalks shall be located a minimum of three(3)feet from the back of the curb where
possible, or other location as approved by the Director.
3. Sidewalks shall be constructed in accordance with the latest edition of the City of
Jefferson Standards on file in the Department of Community Development.
H. Time for Construction
1. The developer shall install all sidewalks,as required by this section,or by the Council
pursuant to a variance as allowed by this section,not later than two(2)years after the date
when the abutting street is accepted or not later than five(5)years after the first building
permit is issued,whichever comes first;provided however,that the sidewalk for each lot
within a subdivision shall be completed and approved before an occupancy permit for a
structure on the lot is issued.
2. No certificate of occupancy shall be issued for any building or parking lot for which a
sidewalk is required unless the sidewalk has been constructed or the property owner has
provided a bond,cash escrow or letter of credit or other instrument acceptable to the
Director of Community development guaranteeing construction of the sidewalk within not
more than six (6)months of issuance of the certificate of occupancy.
I. Enforcement
I. If the sidewalks required by this section,or alternate paved walkways required by the
Council pursuant to a variance as allowed by this section,are not completed within two
(2)years from the date abutting streets are accepted, or within five(5)years after the first
building permit is issued,whichever comes first,the building official shall decline to issue
any further permits of any type to the developer in conjunction with the subdivision where
the violation is occurring,or in conjunction with any other activity at any location
requiring permits by the building official,until the violation is cured.In addition,the
Council may impose a penalty on the developer,in an amount not to exceed One Hundred
Dollars($100.00)per day for each day the violation persists.
2. Cause the sidewalks to be completed at the City's expense;and may cause a special tax
bill to issue as to each lot within the subdivision for which the City has incurred the
expense of constructing sidewalks,in an amount of two(2)times such expense incurred,
together with the amount of any penalties accrued under subsection a,above. Any special
tax bill issued pursuant to this subsection may be enforced in the same manner as a tax
bill issued for the improvement of a sidewalk within the City.
C. Other Recourse.Nothing within this section shall impair the ability of the City or a
property owner to seek any other recourse against a developer for failing to install
sidewalks as required by this section. (Ord. 13628,_3, 10-6-2003)
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(Ord.No. 14023, §1,3-20-2006;Ord. 14097, §1, 10-2-2006;Ord. 14277, §l, I1-19-2007; Ord. No. 14431,
§1, 11-17-2008; Ord.No. 14431, §1, 11-17-2008)
Section 2. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: JV .�(/ Approved:
6Wing Officer Mayor
ATTEST: APPROVED AS T FORM:
City Clerk City Counselor
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