HomeMy WebLinkAboutResolution 2965 Revising sidewalk policy (2)
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COMMISSION RESOLUTION NO. 2965
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, REVISING THE POLICY GOVERNING
THE DESIGN,
IMPLEMENTATION, CONSTRUCTION AND REPAIR OF SIDEWALKS WITHIN
THE CITY OF BOZEMAN, MONTANA.
WHEREAS, the City Commission is authorized and empowered by Sections 7w14-4109
and 7-14-4122, Montana Code Annotated, to provide for the design, construction or repair of
sidewalks without the formation of special improvement districts; and
WHEREAS, Commission Resolution No. 2728, establishing a policy governing the design,
implementation, construction and repair of sidewalks within the City, was adopted at a regular
session of the City Commission, held on the 21 st day of November 1988; and
WHEREAS, Commission Resolution No. 2816, revising the policy governing the design,
implementation, construction and repair of sidewalks within the City, was adopted at a regular
session of the City Commission, held on the 24th day of September 1990; and
WHEREAS, the current Commission has again revised said policy to more accurately
reflect the Commission's goals and objectives; and
WHEREAS, guidelines for the design, implementation, construction and repair of
sidewalks will facilitate the orderly installation or repair of sidewalks; and
WHEREAS, public safety and public need mandate that the City of Bozeman cause
sidewalks to be installed or repaired for use by the citizens of the community in both commercial
and residential areas.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
That the City Commission of the City of Bozeman hereby adopts the sidewalk design,
implementation, construction and repair policy set forth in Exhibit "A" which is attached hereto
and is made a part hereof by this reference as though fully set forth herein.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at
a regular session thereof held on the 28th day of March 1994.
ATTEST: c--~~
C2t J~L~
ROBIN L. SULLIVAN
Clerk of the Commission
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CITY OF BOZEMAN SIDEWALK POLICY
ADOPTED BY COMMISSION RESOLUTION NO.
2965
MARCH 28, 1994
1.0 GENERAL
Construction and materials
used shall be
in accordance with
standards developed and maintained by the city Engineer. All new
street and sidewalk construction as well
as curb reconstruction
shall incorporate American Disabilities
Act (ADA)
access in
accordance with accepted standards for said access.
2.0 DESIGN POLICY (ref: Bozeman city
Code 12.20.010 B)
2.1 width - Sidewalk
width shall
comply with the
following requirements:
2.1.1
Central Business District - 10 feet min.
2.1.2
B-2 District - 5 feet min. to 10 feet
2.1.3
All Others (Res.,B-l,etc) - 5 feet min.
2.1.4
city Engineer may determine required width on
an individual basis if not addressed in these
standards and
will attempt to maintain
consistency in
widths. All transitions in
width will be constructed in a manner approved
by the city Engineer.
2.2 width Design options
2.2.1
Central Business District
Width: Planters,
trees, benches, trash
receptacles and bike
racks complying with
the design standards
established by the city Engineer may be placed
within the sidewalk when permitted by the city
Manager where a
minimum continuous 5' clear
width around the obstruction is maintained.
2.2.2
Sidewalk width all
other areas shall comply
with the following:
2.2.2.1 Minimum sidewalk width shall be 4'
when approved by city Commission.
2.2.2.2 Existing 4-5 feet wide sidewalk may
be
replaced at the same width
if
approved by city Engineer.
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2.2.2.3 A minimum continuous 5' clear width
shall be
maintained around
city
Engineer
approved and city Manager
permitted planters, trees,
benches,
trash receptacles,
and bike racks.
2.3 Location Sidewalk location
shall comply with
the
fOllowing requirements:
2.3.1 Sidewalk in a Central Business District shall
be placed adjacent to curb.
2.3.2 Sidewalk on all Arterial & collector Roadways
shall be placed 1 foot from property line.
2.3.3 Sidewalk in all
other locations shall be
placed 1 foot from property line; except where
conditions dictate
the city Engineer
may
approve sidewalk location between 1 foot from
property line and
3 feet from
curb, or
adjacent to curb.
2.3.4 No change in horizontal
alignment shall be
made without use of
a horizontal circular
curve (see options under 2.4 below)
2.3.5 If a sidewalk is
to be located within
a
public easement on
private property, as
discussed in Implementation
Policy statement
3.11, the wa lk location
within the easement
shall be determined by the city Engineer.
2.4 Location Design options
2.4.1 Central Business District
Location - No
options shall be considered.
2.4.2 Arterial & Collector
Roadways Location -
No
options shall be considered except as provided
under 3.11.
2.4.3 Location for all
other areas shall comply
with the following requirements:
2.5.4.1 circular horizontal
curves with a
minimum
25' radius (100' optimal)
may be
allowed for transitions
around existing trees and evergreen
shrubs larger than 4 inch caliper or
established
mature landscaping,
subject to all other provisions of
this policy.
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2.5.4.2 Where conflict arises between
adjacent property owners final walk
location shall be established by
city commission.
2.5 Grade Sidewalks shall be constructed to the
following grades and alignments:
2.5.1 All sidewalks shall be constructed parallel
to street grade, or ~ 6% actual grade,
whichever is more horizontal.
2.5.2 No change in vertical alignment shall be made
without use of 25' minimum radius vertical
curve.
2.6 Grade Design options All Sidewalks - no options
3.0 IMPLEMENTATION POLICY
3.1 Sidewalks shall be constructed upon all streets and
avenues within the city (ref: 12.20.050 Bozeman Municipal
Code) .
3.1.1 In M-1, M-2, and PLI zoning districts,
continuous internal pedestrian walkways may be
substituted for public sidewalks, when
approved by the city commission.
3.1.2 In existing developments sidewalk installation
on opposing sides of a street may be
separately scheduled by the city Commission
after reviewing the sidewalk Need Rating
criteria.
3.2 Installation is required as ordered by the city
Commission after consideration of the Sidewalk Need
Rating criteria, or after consideration of a written
petition of a majority of the resident property owners of
any subdivision of record greater than 10 lots, or any
other identifiable area, allowing one vote per parcel.
3.3 Installation of sidewalks ordered by the City Commission
will follow the Sidewalk Installation Schedule Priority
List as approved by the city commission. The schedule
will be prioritized based first on public safety,
secondly on public need and thirdly on practicality of
construction.
The Sidewalk Installation Schedule Priority List will be
up-dated on a regular basis to maintain a current listing
of sidewalk needs and priorities.
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3.4 ci ty standard sidewalk shall be constructed on all street
frontages of a property prior to occupancy of any
structure on the property, except as noted in 3.4.1 and
3.4.2. Upon the third anniversary of the plat
recordation date of any phase of a new subdivision, any
lot owner who has not constructed said sidewalk shall,
without further notice, construct within 30 days said
sidewalk for their lot(s), regardless of whether
improvements have been made upon the lot. This
requirement shall be included upon the final plat and in
the covenants for the subdivision.
3.4.1. All handicap ramps, rear-lot frontage
sidewalks as discussed in 3.9, and public
sidewalk fronting parks, common open space, or
other non-private lot frontages shall be
installed prior to new subdivision final plat
approval.
3.4.2 structures occupied after November 1st or
subdivision plats who's third filing
anniversary falls after November 1st shall be
allowed until June 1st of the following year
to install sidewalk to accommodate weather
constraints.
3 . 5 obstruction of adequate, safe viewing angles (sight
triangles) between a level 30 inches above and 7 feet
above the adjacent curb will not be allowed, e.g. no
hedges, evergreens, or dense shrubbery. Appropriately
spaced deciduous trees, traffic control poles and utility
poles do not constitute obstructions requiring removal in
accordance with this policy statement.
3.6 No sidewalks are required on existing dead-end or
temporary cul-de-sac streets not more than one lot deep
when no lot access is taken from the street until
extension of the street is completed. sidewalks shall be
installed on all permanent cul-de-sac streets in
accordance with the provisions of this pOlicy.
3.7 Sidewalk may not be required on streets where an
alternative and comprehensive all-season accessible and
maintained pedestrian network exists, or has been
approved by the city commission with installation and
long-term maintenance adequately guaranteed ( i. e. SID
created for construction and homeowners' association
established for maintenance).
3.8 Change in classification of a roadway will not in and of
itself require changes to existing improvements within
the right-of-way.
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3.9 The city shall pay the costs of installation of those
sidewalks along an arterial street which abut the rear
lot line of an existina parcel that backs onto said
arterial street, where the parcel has an existing or
proposed sidewalk on the front and/or side lot line(s).
3.10 All identifiable costs associated with exercising any of
the design policy options shall be borne by the owner
exercising the option.
3.11 sidewalks may be installed or required to be installed on
private property parallel to the roadway if the following
three conditions are met:
3.11.1 A permanent public sidewalk easement is
recorded with the County Clerk & Recorder
prior to construction;
3.11.2 The sidewalk is within the normal setback for
that property as identified in the Zoning
Code; and
3.11.3 The city Engineer determines the need to
install the sidewalk on private property
exists.
3.12 New sidewalk vertical grade may be adjusted to match
existing hard-surfaced driveways if handicap ADA access
standards are maintained, the cross-slope is not
excessive, 'and the existing driveway surface is in good
repair and does not pose a hazard to pedestrians as
determined by the city Engineer.
3.13 Where hazardous cracking or permanent heaving has
occurred on existing pUblic sidewalks due to tree root
growth, etc., materials other than concrete may be used
to repair the walk, with the approval of the City
Engineer.
3.14 All grading, re-grading, landscaping systems and
materials placed within the public right-of-way shall be
placed so as to maintain a uniform 2% slope from the
property line to the top of the adjacent curb, unless
otherwise approved by the city Engineer.
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3.15 In the instance of
an ordered sidewalk district,
any
costs over and above one and one-half times the normal
costs of construction for an individual parcel shall be
borne by the City of Bozeman. The value or cost of trees
or other landscaping
encroaching upon the sidewalk
alignment within the pUblic right-of-way is specifically
excluded from this cost consideration.
The city cost
participation is extended .2nlY to parcels assessed in the
city commission ordered district, and shall not apply to
privately constructed walks. A city commission "ordered
district" means those
properties ordered by the
city
commission to install sidewalk immediately adjacent to
their property and assessed for the cost of construction.
A Special Improvement District (SID) created to construct
a community sidewalk not necessarily immediately adjacent
to the properties within the SID shall not be considered
an ordered district.
4.0 SIDEWALK PROGRAM SCHEDULE
4.1 .. Individual streets, sUbdivisions,
or areas within the
city of Bozeman without existing sidewalk shall be
evaluated and rated by staff for installation of
sidewalk using a Sidewalk Need Rating criteria Sheet
(Exhibit A) from the current city of Bozeman Sidewalk
POlicy. All areas so rated shall then be ranked
according to numerical value (from highest to lowest)
to create a sidewalk Installation Schedule priority
List.
4.2 Each year city staff shall update the Priority List and
submit it with current preliminary cost estimates to
the city commission. The Commission shall review the
Priority List and if necessary direct staff to revise
it, designate the cut-off point for the coming year's
installation program, and establish the proposed limits
of the ordered sidewalk program for Public input.
Following a PUblic Hearing on the proposed program the
city Commission shall finalize the limits of the annual
sidewalk program and order the sidewalks be installed.
4.3 For long term planning purposes the Priority List may
be preliminarily grouped into an anticipated multiple
year annual sidewalk installation schedule based on the
average cost of past and/or anticipated sidewalk
program costs.
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4.4 Readiness to proceed shall be considered in
establishing the sidewalk installation schedule based
on the priority list. Any project ranked on the
priority list may be by-passed if any of the following
conditions preclude effective installation of the
project:
4.4.1- Adequate public right-of-way or public
sidewalk easements do not exist.
4.4.2. Curb/gutter, or final street and/or sidewalk
designs do not exist, or the final sidewalk
grade cannot otherwise be satisfactorily
established.
4.4.3. city funds or other monies are not available
for participation in the installation costs
exceeding 150% of the normal cost.
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F.xmBIT A
SIDEWALK NEED
RATING CRITERIA
SHEET
LOCATION:
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A. PUBLIC SAFETY
1. Adjacent street clusiflCation ia:
_(+5 pis) - Arterial
_(+3 pts) - Collector
_(+1 pis) -Local
_(+5 pts) 2. Existing adjacent stn.oct it Dot of s~ width for its classifICation Wider the T......portation Master Plan
_(+1 pts) 3. 00 SUttt puking ia Dot restricted
4. Sidewalk is integral put of a pede,atriao network
_(+IOpts) . SignifICant child or adolcacent tIKI (i.e. Schools, Pub, RecreatiotW Facility, etc.)
_(+5 pts) - Other significant pedestriao tIKI (i.e. Busine.. District)
Public Safety Subtotal
B. PUBLIC NEED
1. External Sidewalk Network Analysis:
_(+5 pis) - Sidewalk would be part of an edatlnc area.wide sidewalk networt
_(+2 pis) - Sidewalk is likely to be part of future area-wide sidewalk oetwort
2. loternal Sidewalk Network Analysis:
_(+3 pts) - Sidewalk servu .. part of a minor internal network: (CuI de Sac or Looped street Ie.. than 500')
_(+5 pis) - Sidewalk servu II put of a major internal Network (CuI de sac or looped street greater than 500')
_(+I-IOpIs) 3. P.x.i.ting use indicates high pedutrian use (t '" low, 10 '" high)
_(+1-5 pts) 4. WriUm public support for sidewalka (I .. low, 5 '"' hich)
- (0<) 5. Written publie OppoeitlOD for sidewalka (* ~ 1 to 5 points; 1 '" low, S .. high)
Public Need Subtotal
A-I.
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Page 2
Rating Sheet
C. PRACTICALITY OF CONSTRUCTION
_(+2 pis) 1. Existing drive appl"O'lCW CQlltain sidewalk acetiOlll or Ippl'OlCbes will adequately match new sidewalk gl'llde
_(+2 pis) 2. Existing or natural topographic f...turea will oot substantially impact sidewalk instal1atiQII COIIts
3. Impacts to mature landacapirq::
-(0) . Lou of mature shrubbery type landacapirq: CIlllllIIt be aVoi~ (. ~ 1 pt for each 100 aquate feet of mature landacape
ahrubbery 1000t per 300 lineal feet of new sidewalk)
-(*) - Loas of 4' or larger caliper trees Cllllllot be avoided (. ~ 1 pt for ach 4' or larter caliper tree lost per 300 If of new
sidewalk)
Practicality of construction Subtotal
D. FAIRNESS CRITERIA
I. Delay in new sidewalk instal1atioo would;
_(+1-5 pis) . AdvenICly affect the public's use of the area (1 = low, 5 .. hich)
_(+1-5 pis) - Create an apparent incQIIsistrocy of faimeu or implementation of the sidewalk policy to adjacent or areas of
town of a
similar nature
-(*) 2. lostal1ation of sidewalk would create . SigniflClllt IIOO-eeQllomic hardship QII property owners incOlllistcu.t with the intent of
the
Sidewalk Policy (.Deduct I to 10 poinls)
Fairness subtotal
TOTAL SCORE
COMMENTS:
ESTIMATED PROJECT COST $
A-2