HomeMy WebLinkAbout2004-05-03-Ordinance 2470_Sidewalk Installation, FundingORDINANCE NO.2470
AN ORDINANCE TO AMEND CHAPTER 200,WAUKEE MUNICIPAL CODE,
CIVIL ORDINANCES,CHAPTER 218,BY INSERTING SECTION 218.3,TO
ESTABLISH AS A POLICY OF THE CITY OF WAUKEE A PROCEDURE FOR
FUNDING OF SIDEWALK CONSTRUCTION;AND BY RE-NUMBERING EACH
SUCCESSIVE SECTION IN SAID CHAPTER IN NUMERICAL ORDER.
Section 1.Amendment.Chapter 200,Section 218,Waukee Municipal Code is
hereby amended so as to codify the policy of the City of Waukee for fimding of costs of
sidewalk construction so that Section 218.3 reads as follows:
§218.3 Fnnding of Sidewalk Construction.The funding of sidewalks
will include self-funding by property owners of properties which are not single family
residences and self-funding /assessment for property owners of single family residences.
A.Funding of Sidewalk Construction for all properties not including single
family residences:
1.For properties which are not single family residences,the property owner
will fund 100%of the cost for sidewalk construction including all sides
of a comer or multiple frontage lot and including any incidental work
necessary to complete the installation such as grading,storm sewer,curb
grinding or extending the sidewalk to connect with street paving adjacent
to the lot.
2.If the property owner of a property which is not a single family
residential lot fails to construct the sidewalk within the year after first
being notified,the City shall construct the sidewalk.
a.The costs of four feet wide sidewalk shall be assessed 100%to
the property owner.
b.Sidewalks larger than four feet in width shall be assessed 100%
for the first four feet of width and the City shall bear the cost of
the additional width over four feet.
c.Assessment shall include legal,design and inspection costs
attributable to the lot.
B,Funding of Sidewalk Construction for single family residences:
For property owners of single family lots,the property owner shall fund
100%of the cost of constructing a four foot wide pavement across the
frontage ofthe lot.
a,If a sidewalk greater than four feet in width is to be
constmcted,the City shall pay for any width in excess of four
feet.
b.If the single family residential lot is a comer lot,the property
owner shall fund 100%of the constructed sidewalk on the
longest frontage,The City shall fund the constmction of the
sidewalk on the shorter side of the comer single family
residential lot.
c.For all single family residential lots,the City shall fund any
ditch filling,storm sewer,curb grinding or paving extensions
needed to connect with the street paving.
C.Notification of Sidewalk Construction for Property Owners of Single Family
Residential Lots:
The City shall notify property owners of single family residential lots of the
City's intention to construct a sidewalk(s)on the property owner's lot one
year prior to the constmction of the sidewalk.)
a,Property owners of single family residential lots so notified
will be given one year from the date of the notification to
constmct the sidewalk (or the longer of two or more sidewallcs)
at their own expense.
b.Property owners using the self-construction option must obtain
a right-of-way permit for construction in the right of way from
the Public Works Department,
c.Property owners of a self-constructed sidewalk must construct
the sidewalk according to City specifications.
d.The City shall inspect any sidewallc constructed by property
owners to ensure compliance with City specifications.
e,Property owners using the self-construction option will not be
subject to charges for legal,design or inspection of the
sidewalk,
)
D.Failure of Property Owners of Single Family Residential Lots to Construct
the Sidewalk Within One Year of Notification:
If the property owner of a single family residential lot fails to construct the
sidewalk within the year after first being notified,the City shall construct the
sidewalk.
a.The costs of four feet wide sidewalk shall be assessed 100%to
the property owner.
b.Sidewalks larger than four feet in width shall be assessed 100%
for the first four feet of width and the City shall bear the cost of
the additional width over four feet.
c.Only the longest frontage of a single family residential lot,
which is a comer lot,shall be assessed 100%to the property
owner.
d.Assessment shall include legal,design and inspection costs
attributable to the lot.
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordinance
shall be adjudged invalid or unconstitntional,such adjudication shall not affect the validity
of the ordinance as a whole or any section,provision,or part thereof not adjudged invalid or
unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the Council this 3'd day of May,2004 and approved this 3rd day of May,2004.
Attest: