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HomeMy Public PortalAboutORD14431 i • 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: i 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 Unchanged language is shown thus;Deleted language is shown than;added language is shown thus • 1 I 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: Unchanged language is shown thus;Deleted language is shown tma;added language is shown thus • 2 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. Unchanged language is shown thus;Deleted language is shown th=;added language is shown thus • 3 • 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, Unchanged language is shown thus;Deleted language is shown fly;added language is shown thus • 4 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 Unchanged language is shown thus;Deleted language is shown tlms;added language is shown thus 5