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• BILL NO. 2008-85
SPONSORED BY Councilman Penfold
ORDINANCE NO. 14 4 3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 32
STREETS AND SIDEWALKS, PERTAINING TO THE CONSTRUCTION OF SIDEWALKS.
WHEREAS, sidewalk code implementation experience has shown that situations exist in which
the requirement for sidewalks in certain in-fill developments, including minor
subdivisions, may have unintended consequences; and
WHEREAS, discretion is necessary in making the determination to require sidewalks so
that areas of low pedestrian activity, high traffic speeds and areas which lack
connectivity to other sidewalks may receive waivers, if warranted;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
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Section 1. Chapter 32, Streets and Sidewalks, Section 32-103, is hereby amended as
follows:
A.
,
A. No yermit shall be issued for the reconstruction or construction of a new building,or a building
addition, or a new or expanded narking lot, unless a sidewalk exists adiacent to the property or
unless the plans for the building or parking lot provide for the construction ofsuch 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 waiver ofthe requirement to constructsidewalks in accordance
with Paragraph C below.
B. Sidewalks shall be constructed in new Minor Subdivisions, as defined by Chapter 33, Subdivision
Code.
C. Sidewalk Waiver Application. Upon application by the owner, the Director of Community
Development may approve a waiver to sidewalks required by Paragraphs A and B above,as provided
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herein. Waivers may be granted, on a case-by-case basis,
• retroactively to developments previously required to construct sidewalks,or to new developments,
at the discretion of the Director, when:
1. 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 ten(10)years of the application for waiver;or
2. An engineering study accepted by the City demonstrates that the terrain or geographic
features of the location are such that it is not reasonable to construct sidewalks;or
3. An engineering study accepted by the City demonstrates an alternative pedestrian way
provides an acceptable alternative;or
4. The new building or building addition contains 2,500 square feet or less or is a new or
expanded parking lot:or
5. The development is proposed as residential inrill consistine of one- or two-family
dwellines on no more than 5 lots:or
6. The frontage is alone(a) a state or federally designated route or (b) a local route
with speeds of 50 mph or greater.
D. Sidewalk Waiver Conditions, Fee and Sidewalk Fund
1. If a waiver is granted,
a. the owner shall contribute a fee,in lieu of construction,to the sidewalk fun exce t
that one-and two-family residential in-rill developments shall not be charged a
fee. The fee shall be calculated on the sidewalk area that is waived,and initially
shall be$6 per square foot or the avoided cost of construction,whichever is less.
This fee shall be reviewed annually by the Director of Community Development by
consulting,among other things,the R.S.Means construction cost data services. If
• such annual review reveals that the fee requires adjustment to preserve the
proportional relationship existing between the initial fee and current construction
costs, the Director of Community Development may make such adjustment
administratively with the consent of the City Administrator and upon notice of the
City Council.
b. the owner may be required to grade the area in which the sidewalk would be
located in preparation for a future sidewalk,at the discretion of the Director.
2. There is hereby established a separate sidewalk fund in which fees collected from sidewalk
waivers shall be deposited. Funds shall be used only for purposes of construction of
sidewalks.The sums in such fund which are not expended shall accumulate from year to years
shall accumulate interest, and shall be considered a continuing appropriation,
Unexpended funds shall not lapse at the end of any fiscal year.
E. Appeal of Denial of Waiver.
1. The denial of a waiver by the Director may be appealed to the Board of Adjustment.
a. An applicant aggrieved by the decision of the director may file a written appeal to
the Board of Adjustment within 10 days of the decision of the director;
b. Upon receipt of the appeal,the Board of Adjustment shall schedule a hearing on the
appeal
C. The burden of proof at the hearing shall be upon the applicant to show the required
findings have been met.
d. In order to find that the waiver should be granted the Board must find:
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i. The City has imminent plans to construct sidewalks to serve the
• development or plans to widen or reconstruct the adjacent street which
would require replacement of the sidewalk;or
ii. An engineering study accepted by the City demonstrates that the terrain or
geographic features of the location are such that it is not reasonable to
construct sidewalks,or
iii. An engineering study accepted by the City demonstrates an alternative
pedestrian way provides an acceptable alternative.
e. The Board of Adjustment may not consider:
i. Whether the proposed sidewalk connects to another sidewalk;or
ii. Whether the proposed sidewalk serves to advance connectivity.
2. If the board finds in favor of the applicant it shall direct the Director to enter a new order
consistent with its findings.
3. The Director shall,within 45 days of the date he is notified of the decision of the Board of
Adjustment,issue a new decision.
4. The final administrative granting or denial of a sidewalk waiver by either the director of
community development or the board of adjustment shall be reported to the city council
within thirty(30)days following such decision.
5. An applicant who is aggrieved by the decision of the board may appeal the decision to the
Circuit Court within 30 days of the date of the written findings of fact.
F. 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.
• 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.
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• Street Type Sidewalk Sidewalk Widt
Requirement
Arterial Both sides 5 feet
Collector Both sides 5 feet
Local Commercial Both sides 5 feet
or commercial cul-de-sac
Residential cul-de-sac or local stree One side 4 feet
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
1. 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
a. 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.
b. 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,
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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)
(Ord.No. 14023,_l,3-20-2006;Ord. 14097,_l, 10-2-2006;Ord. 14277,_l, 11-19-2007)
Secs. 32-104-32-112.Reserved.
Section 2. This ordinance shall be in full force and effect from and after its passage
and approval.
Passed: kin/, 17 _ D s Approved: Ak 0;70W
Presid' g icer ay
AT T: APP ED S TO FORM:
City CI rk City Counselor
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