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HomeMy WebLinkAboutResolution 2728 Establishing a sidewalk policy: 10-31-88 .-- _..."----~ ---.'"- .~.; . . ,"T.:..~-.; ~ , ". ., .., ,..... . ~ " . . COMMISSION RESOLUTION NO. 2728 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY GOVERNING THE DESIGN, IMPLEMENT A TION, CONSTRUCTION AND REPAI R OF SIDEWALKS WITHIN THE CITY OF BOZEMAN, MONTANA. WHEREAS, the City Commission is authorized and empowered by Sections 7-14-4109 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, 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 ...."" our community in both commercial and residential areas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 1. That the City Commission of the City of Bozeman hereby adopt 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 refer- ence as thoug h fu II y set forth herei n . -- PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the . . ! City of Bozeman, Montana, this 31 st day of October 1988. ,l ATTEST: ~ ~~~~- " R L. 5 Clerk of the Commission FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 21st day of November 1988. ATTEST: I ~~cI (~' 1( R -BIN L. SU~- n-. Clerk of the Commission ~ ~ . .t City Attorney --- ---.-- -.--- .-- --' .-..-.----. .-.-. ..--.- ---..-.-----.--.-. --- ~ Kolo;1Il .. ...- . -..; ~ .,. ... .",.- CITY OF BOZEMAN SIDEWALK POLICY ADOPTED BY COMMISSION RESOLUTION NO. 2728 NOVEMBER 21, 1988 GENERAL Construction and materials used shall be in accordance with standards developed and maintained by the City Engineer. DESIGN POLICY width - Central Business District - 10 feet min. B-2 Districts - 5 feet min. to 10 feet All others (Res. i B-1) - 5 feet min. City Engineer to determine required width on an individual basis If not addressed in these standards and will attempt to maintain consistency in widths. 1'.11 trans i tions in width will be constructed in a manner approved by the City Engineer. Location - Central Business District - adjacent to curb Arterial & Collector Roadways - 1 foot from property line .Z\ll others - 1 foot from property line; or between 1 foot from property line and 2 feE't from curb; or adjacent to curb - nc change in horizontal alignment without use of circular curve (see options below) If a sidewalk is to be located within a public easement on prlvate property, as discussed in Implementation Policy Statement #12, the walk location within the easement shall be determined by the City Engineer. Grade - All sidewalks - parallel to street grader or +6~i, actual grade, whichever is more horizontal - no change in vertical alignment \'li thot:t use of 25' minimum vertical CUl-ve Options - Width - Central Business District - city Engineer approved planters/trees/benches All othE-rs - 4 feet min. with City Commission approval; or replacement of existing 4-5 feet wide walk with same width; or as necessary with City Engineer approved planters/trees . . ~ ) , t ..'~ . . <. '. - Sidewalk Policy page 2 of 4 options, cont'd - Location - Central Business District - no options Arterial & Collector Roadways - no optioEs All others - 100' radius optimum, 25' l-adius minimum, circular curve transitions around Existing trees and evergreen shrubs larger than 4 inch caliper or established mounding - where conflict arises between adjacent property owners, final walk location shall be established by City commission Grade - All Sidewalks - no options IMPLEMENTATION POLICY 1 ) Sidewalks required in all areas of the City except those zoned H-l, H-2, PLI if internal pedestrian walkways are provided and additionally those exempted in Implementation statements below. 2 ) Sidewalks are required on both sides of street. However, upon written petition of 100% of the landowners in any ider.:ifiable area, the City Commission may consider placing sidewalks on only one side of a street. Any such proposal must cover a minimum of one full block (no partial blocks considered). Every landowner in said area must agree in writing to the proposal and agree that the proportionate share of the total cost will be paid by the landowner even though the sidewalk may not front on his lot. The method of proportioning cost shall be as proposed by the landowners and approved by the City Attorney. 3 ) Installation is required as ordered by City Commission, or by 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. 4 ) Installation of sidewalks ordered by the City Commission will strictly follow the Sidewalk program Schedule as approved by the City Commission. The Program Schedule will be prioritized based primarily on public need and public safety and secondarily on practicality of ~'. . . . ,." '"" . '. . .... Sidewalk Policy Page 3 of 4 construction and overall economic impact. Said program schedule shall be organized into the following categories: a) immediate need (1-2 years); b) short-term need (3-5 years); and c) no present need apparent. The Sidewalk Program Schedule will be up-dated on a regular basis to maintain a current listing of sidewalk needs and priorities. 5 ) Sidewalk installation may be required, as noted and scheduled in Implementation policy Statement #4 above, when 50% of the lots in an identifiable area are developed in existing subdivisions only. This requirement does not apply to existing subdivisions of record with no developed lots at the time of initial adoption of this policy. 6 ) All new developments within the city shall install sidewalks before occupancy unless otherwise covered by an improvements agreement which has been approved by the City C::JmmissioE. 7 ) Sidewalks shall not be screened from the street, as viewed perpendicular to said street, in any fashion, e.g. no hedges, evergreens, or dense shrubbery that will obstruct vision between a level 30 inches above and 7 feet above the adjacent curb. S ) No sidewalks are required on dead-end streets not more than 250' deep until extension of the street. This policy statement does not include permanent cul-de-sacs. 9 ) Change in designation of a roadway will net in an of itself require changes to existing improvements within the right-of-way. 10) The City shall pay the costs of installation of those sidewalks along an arterial street which abut the rear lot line of a parcel that backs onto said arterial street, and the parcel has an existing sidewalk on the front and/or side lot line(s). 11) All identifiable costs associated with exercising any of the design policy options shall be borne by the owner exercising the option. - . ~ . 'r . .' '. r < .. .,,, . . I'A- Sidewalk Policy Page 4 of 4 12) Sidewal}~s may be installed or required to be installed on private prop8rty if three conditions are met: a) a permanent public sidewalk easement is recorded with the County Clerk & Recorder prior to construction; b) the sidewalk is within the normal setback for that property as identified in the Zoning Code; and c) the City Engineer determines the need to install the sidewalk on private property exists. 13) New sidewalks m&y be warped to match existing hardsurfaced driveways to remain if handicap access is maintained, the croEs-slope is not excessive, the Existing surface is in good repair and does not pose a hazard to pedestrians (all as determined by the Clty Engineer) . 14) Existing public sidewalks, where hazardous cracking or permanent heaving has occurred due to tree root growth, etc. , may use materials other than concrete to repair the walk, with the approval of the City Engineer. 15) 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% sIepe toward the tcp of the adjacent curb, unless otherwise approved by the City Engineer. ----.--..---.. -----_____--00--___- __on -.~-",-,.- .~.'=--~"-~- .; ~ r . ,i ,~., II; ".At ~I . . . ' , . ..~ . . .. SIDEWALK PROGRAM SCHEDULE SELECTION CRITERIA Public Need: - Pedestrian origination/destination analysis - Existing evidence of high use - Written public comment, esp~cially neighborhoods affected - Development density/design elements Public Safety: - Vehicular traffic volumes greater than 1000 AADT - Substandard roadway width for roadway classification - Pedestrian volumes - Amount of on-street parking Practicality of Construction: - Extraordinary cost ltems resulting from natural topographic features that would increase the cost of sidewalk construction by more than 1 0 09,,; . Costs will be identified on an individual parcel basis. In the instancE of an ordered sidewalk district, any costs over and above twice the normal costs of construction for an individual parcel shall be borne by the City of Bozeman. This City cost participation is extended only to parc.:?l s assessed in the district, not privately constructed walks. Economic Impact: - The economic impact upon property owners will be considered. ------------------ ----------- --..~ .~-- jA: " I .! '" NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at a regular session of the City Commission held on October 31, 1988, Commission Resolution No. 2728, establishing a policy governing the design, implementation, construc- tion and repair of sidewalks within the city limits of the City of Bozeman, was provisionally adopted. A public hearing on Commission Resolution No. 2728 has been set for 7:00 p.m. on Monday, November 21, 1988, in the Commission Room of the City Hall at 411 East Main Street, Bozeman, Montana, for the purpose of hearing testimony in support of and in opposition to the final adoption of said resolution. All interested persons are invited to attend. The resolution in its entirety is available for review in the office of the Clerk of the City Commission during regular business hours. DATED this 7th day of November 1988. ROBIN L. SULLIVAN Clerk of the Commission Display Ad Publish: Friday, November 11, 1988