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HomeMy WebLinkAboutResolution 2965 Revising sidewalk policy (2) ""'~ - 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 ~ I .i_ ~ "',:~\,~ ---.---.. -- .. __.._ __ n"__._ ---- -.------ ---- -- ","' 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. ___n________ _ __ _. . ._.__ _. ----- ~ 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. 2 of 7 ...----....-".-..-- 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. 3 of 7 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. 4 of 7 . . 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. 5 of 7 ...-.-..-.--.-- ---. .'- 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. 6 of 7 _______._.n --- -. ---.-.-- ----..-. -- 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. 7 of 7 . -.----- ----- --- --...-----.-- .-.----- . I F.xmBIT A SIDEWALK NEED RATING CRITERIA SHEET LOCATION: ~ 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. u__.__ .---...- . . 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