(A) Purpose.
(1) The Town of Bargersville supports the installation of sidewalks by the development community at the time of development and construction; however, circumstances may arise when current site conditions or other considerations justify the acceptance of a fee in lieu of sidewalk constriction.
(2) It is the purpose of this section, and rules and regulations set forth, to establish a fee in lieu of sidewalk construction program for the Town of Bargersville to provide an alternative method for funding sidewalk construction requirements and to establish a sidewalk fund to facilitate the construction, improvement, and maintenance of pedestrian facilities within the town.
(B) Fee in Lieu of Sidewalk Construction Program.
(1) A Fee in Lieu of Sidewalk Construction Program is hereby established for any project that is required to install sidewalks under the standards of the Town of Bargersville Unified Development Code.
(2) Fee calculation. The fee calculation for approved payments in lieu of sidewalk construction shall be based on the square feet of sidewalk required as part of the development.
(3) Fee. Approved applicants shall pay $17 per square foot of required sidewalk into the sidewalk fund.
(a) The per square foot fee shall increase automatically on December 1 of each calendar year by 2% or the 12-month consumer price index as reported by the United States Bureau of Labor Statistics; whichever is greater.
(4) Fee shall be due prior to:
(a) Transfer of ownership and acceptance of maintenance bonds for applicable residential developments.
(b) Issuance of a building permit for applicable residential and commercial projects.
(C) Evaluation criteria.
(1) While any project may submit a request to pay a fee in lieu of sidewalk construction, it is the intention of the town to limit the approval of such requests to those that merit serious consideration. The following list of criteria shall be used for the purpose of evaluating a payment in lieu of construction request. A project is not required to meet all the following criteria to be considered eligible.
(a) There are no sidewalks within 1,320 feet of the exterior boundaries of the project, and it is unlikely that there will be development within 1,320 feet that would require the installation of sidewalks in the future.
(b) A stormwater drainage ditch or similar public utility facility prevents the installation of the sidewalk, and neither the sidewalk nor the facility can be reasonably relocated to accommodate both the sidewalk and the facility.
(c) The topography would require the construction of a retaining wall more than six-feet in height to accommodate the sidewalk.
(d) There is a planned roadway or infrastructure improvement scheduled to be implemented within the next five-years which would require the removal or relocation of the required sidewalk.
(e) Other unusual circumstances make the sidewalk installation requirement unreasonable or inappropriate.
(D) Establishment of a Sidewalk Fund.
(1) Fund establishment. There is hereby established a special fund for the deposit of all sums paid in lieu of sidewalk construction per this policy (hereafter referred to as the "Sidewalk Fund"). These funds shall only be used to install new sidewalks or new pedestrian facilities as detailed in division (D)(2). Costs associated with sidewalk repairs shall be otherwise budgeted by the town and shall not utilize the Sidewalk Fund.
(2) Eligible facilities. The Sidewalk Fund shall be used to install new pedestrian facilities including, but not limited to, the following:
(a) New sidewalks or trails that fill a gap between two existing sidewalk or trail segments.
(b) New ADA compliant curb ramps.
(c) New pedestrian crosswalks pavement marking.
(d) New pedestrian warning signs and / or signals.
(3) Prioritization. The town shall periodically complete a priority listing for the installation of sidewalk improvements, giving full consideration to the following:
(a) Pedestrian ways along one side of the streets that constitute major walking routes to a public school.
(b) Pedestrian ways along one side of the streets that constitute major walking route to a public facility or along streets designated as major or minor thoroughfare in the town's comprehensive plan.
(c) Pedestrian ways along a second side of the streets that constitute a major walking route to public schools, other public facilities, or along major or minor thoroughfares, where pedestrian facilities already exist on one side.
(d) Pedestrian ways that fill a gap between two existing segments.
(e) Facilities that address pedestrian safety when crossing a major or minor thoroughfare.
(f) Other improvements, other than those described, as determined by the town.
(E) Process. All requests for payment in lieu of sidewalk construction shall be heard by the Bargersville Town Council and evaluated on the criteria provided in this section.
(Ord. 2024-12, passed 5-28-2024)