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ARTERIAL STREET PLATTING FEE
(a) The purpose of this subchapter is to impose an arterial street platting fee on real property to recover the platted or replatted developed real property’s proportionate share of the costs to expand and sustain the arterial street system.
(b) The arterial street system is defined as the system of roadways for the city, classified as arterials on the Sioux Falls Major Street Plan and areas of joint jurisdiction as detailed in Sioux Falls Subdivision Ordinance § 157.004 and built to city design standards, as amended from time to time.
(c) It is the intent of this subchapter to charge platted or replatted real property its proportionate share of the increased costs of expanding and sustaining the arterial street system necessitated by the development of such real property.
(d) The city council finds the amount of the arterial street platting fee based on rational nexus and rough proportionality standards has been appropriately determined according to the analysis described in the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates (revised May 2015).
(e) This subchapter incorporates the Development Area Maps as set forth in the city’s comprehensive plan.
(f) (1) For the platted or replatted real property located in Tier I and Tier II of the city’s comprehensive plan, the arterial street platting fee shall be paid prior to approval of any plat or replat.
(2) For platted or replatted real property located outside of Tier I and Tier II but within the joint jurisdiction area detailed in subsection (e), the owner may defer payment of arterial street platting fees. Any deferred payment of arterial street platting fees shall be due and payable for the platted or replatted real property at the earliest of:
A. Annexation of such platted or replatted real property or such platted or replatted real property’s location within Tier I or Tier II; or
B. The owner’s application of request for rezoning or other required city conditional use permit or license on such platted or replatted real property; or
C. The city’s provision of arterial streets to or immediately adjacent or adjoining the platted or replatted real property.
The amount of such platting fee shall be the fee amount in effect at the time of the event triggering the platting or replatting fee. Unpaid and deferred platting and replatting fees shall constitute an encumbrance and lien running with the land upon the platted or replatted real property and the obligation to pay shall be binding upon the owner, and the owner’s successors, successors in title, and assigns.
(3) The city may increase, waive, reduce or defer the payments if: (a) the plat or replat is a minor plat or replat; (b) the plat or replat is a transfer of ownership; (c) as set forth in a Development Agreement; or (d) based on the city’s individualized determination as to the nature and extent of the impact of the development.
(4) The city may condition approval of zoning or other city required conditional use permits and licenses until all platting fees are paid in full or arrangements for payment are made.
(5) A. For any property platted or replatted the plat or replat shall contain a note identifying the zoning classifications in effect at the time of plat or replat submittal. The owner's certificate of compliance for the plat or replat shall indicate the plat or replat is subject to the arterial street platting fee and shall provide that arterial street platting fees shall be paid by an applicant requesting rezoning of the plat or replat in accordance with this section.
B. For rezonings of property platted or replatted, where the zoning classification noted in the plat or replat on which the arterial street platting fee converts to a higher per acre trip generator such as from RS to RA-1, an additional arterial street platting fee shall be paid at the time of the rezoning application, with the money to be refunded if the rezoning is denied. The additional arterial street platting fee shall be the difference between the fee for the previous zoning classification as noted on the plat or replat and the fee for the new zoning classification. Half of the right-of-way of any local or collector street adjacent to the rezoned property shall be included in the calculation of the arterial street platting fee.
(g) (1) The arterial street platting fee is hereby established for fees paid in the following years:
Areas Zoned | Arterial Street Platting Fee (effective January 1, 2017) | Arterial Street Platting Fee (effective January 1, 2018) | Arterial Street Platting Fee (effective January 1, 2019) | Arterial Street Platting Fee (effective January 1, 2020) | Arterial Street Platting Fee (effective January 1, 2021) |
AG, CN, or REC | $0 per acre | $0 per acre | $0 per acre | $0 per acre | $0 per acre |
C-2, C-3, or C-4 | $17,330 per acre | $17,763 per acre | $18,207 per acre | $18,663 per acre | $19,129 per acre |
I-1, I-2, and AP | $4,019 per acre | $4,119 per acre | $4,222 per acre | $4,328 per acre | $4,436 per acre |
O, C-1, LW, S-1, or S-2 | $7,455 per acre | $7,641 per acre | $7,832 per acre | $8,028 per acre | $8,229 per acre |
RA-1, RA-2, or RA-3 | $4,854 per acre | $6,510 per acre | $8,730 per acre | $8,948 per acre | $9,172 per acre |
RS, RT-1, RT- 2, RD-1, RD- 2, RHP, RR, or MH | $2,024 per acre | $2,075 per acre | $2,126 per acre | $2,180 per acre | $2,234 per acre |
(2) The number of acres in local and collector street right-of-way shall be included in the arterial street platting fee calculation according to the adjacent zoning classifications. Where opposite sides of the road are of different zoning classifications, half of the right-of-way shall be allocated to each zoning classification. For subareas zoned with multiple zoning classifications, such as RCD-PUD, V-PUD, DT-PUD, and PO-PUD, the higher trip generating zoning classification shall govern for the entire subarea for purposes of calculating the arterial street platting fee.
(h) The amount to be paid shall be determined by multiplying the arterial street platting fee per acre by the relevant number of acres contained within the plat or replat, including local and collector street right-of-way, less the following:
(1) Land dedicated or to be dedicated to the city for right-of-way for an arterial street; and
(2) Areas zoned REC recreation, AG agricultural or CN conservation.
(i) The value of contributions made by the owner or fee payer toward the cost of expanding the arterial street system shall be subtracted from the amount of arterial street platting fees otherwise due for the real property. The value of the contribution shall be determined by the city engineer, based on information submitted by the fee payer and shall be in compliance with applicable law. No credit will be given for the value of land dedicated or to be dedicated to the city for right-of-way or areas zoned REC or CN. No credit will be given for facilities to the extent they exceed city requirements. Credit for the contributions not claimed prior to payment of the arterial street platting fee shall be waived.
(j) Arterial street platting fee revenues shall be deposited into an interest-bearing account and segregated from other funds of the city. The revenues collected and interest earned shall be used solely for expanding and sustaining the arterial street system.
(k) Periodically, the Nexus Study for Arterial Street and Water Distribution Platting Fees, prepared by Duncan Associates, will be updated. The updates shall review fees and recommend adjustments based on the then current costs of construction. If an amendment is necessary, the information shall be provided to the city council together with a proposed ordinance amendment. Pending any such adjustments, the platting fees shown in the table above shall increase by 2.5 percent per year for years after 2021.
(l) A person harmed by an administrative decision of the city under this subchapter may appeal the decision through the procedures provided in Administrative Appeals subchapter, §§ 30.040 et seq. of this Code, as that subchapter may be amended from time to time, except as modified below.
(1) The appeal shall be heard in a closed hearing by a hearing examiner with substantial experience in land development, and the cost shall be divided equally between the city and the appellant.
(2) The hearing examiner may amend, remand, or reverse the decision of the city only if clear error is found in:
A. The determination of the number of acres subject to the arterial street platting fee;
B. The determination of the applicable zoning classification for determination of the arterial street platting fee;
C. The value of any credit;
D. Any mathematical computation; or
E. Determining or applying any other objective fact on which the decision was based.
(3) If the hearing examiner finds an error and has adequate facts to correct the error (such as correcting the number of acres used in the computation or correcting a mathematical error), the hearing examiner shall amend the decision accordingly and the decision shall be binding as amended. Otherwise, the hearing examiner shall reverse the decision or remand it with instructions for correcting the error(s) found.
(4) The provision for appeals under this division (l) is not intended to serve as a provision for variances or waivers; issues of hardship or other factors that might be considered in granting a zoning variance shall not be considered by the hearing examiner in reaching a decision.
(5) Unless the hearing examiner finds clear error, the hearing officer shall affirm the original administrative decision.
(6) The decision of the hearing examiner may be subject to judicial review as provided by law.
(1992 Code, § 38-150) (Ord. 115-08, passed 9-15-2008; Ord. 12-13, passed 3-19-2013; Ord. 31-16, passed 4-5-2016; Ord. 63-24, passed 7-16-2024)
RIGHT-OF-WAY CONSTRUCTION AND ADMINISTRATION
(a) Title. This body of regulations shall be known as the “Sioux Falls Public Rights-of-Way Utility Construction and Administration Ordinance.”
(b) Findings and purpose.
(1) In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its streets and the use of the right-of-way, the city strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the right-of-way, a primary cause for the early and excessive deterioration of its right-of-way is the frequent excavation by persons whose equipment is located therein.
(2) Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel plans because of them. Persons whose facilities are located within the right-of-way are the primary cause of these frequent obstructions.
(3) The city and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. The city recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although these services are often necessary or convenient for the citizens, those persons receive revenue and/or profit through the use of public property.
(4) Where roads are being constructed or reconstructed to city standards, existing facilities within the right-of-way which conflict with the proposed construction may have to be modified or relocated.
(1992 Code, § 35.5-1) (Ord. 55-99, passed 5-17-1999)
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person requesting permission to excavate, obstruct or construct in a right-of-way. APPLICANT does not include commercial vehicles or materials regulated by § 77.009 of this Code.
APPLICATION. The process by which an applicant submits a request to locate, maintain or remove facilities in the right-of-way.
CITY COST. The direct and indirect costs, including loss of pavement life, borne by the city for pavement management, traffic management, risk management, financial management, cost recovery, infrastructure oversight, budget analysis, record keeping, legal assistance, systems analysis, application processing and checking, issuing permits, inspecting job sites, creating and updating mapping systems and performing all of the other tasks required by this Code, including other costs the city may incur in managing the provisions of this Code.
CONSTRUCT. To excavate, install poles, install signs or install facilities, other than landscaping, on, above or under any part of the right-of-way.
CONSTRUCTION PERMIT or PERMIT. The permit which must be obtained before a person may excavate, obstruct, construct, repair or remove facilities in a right-of-way.
EMERGENCY. An occurrence which demands immediate action to prevent significant environmental damage or loss of life, health, property or essential public services including the re-erecting of critically needed traffic control signs or devices.
EXCAVATE. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
FACILITIES. Any tangible thing located in any right-of-way; but shall not include sidewalks and private driveway approaches regulated under §§ 96.001 through 96.011, 96.025 through 96.035, 96.050 through 96.057, 96.070 through 96.073, 96.085 through 96.089, 96.100 through 96.105, 96.120 through 96.126, 96.140 through 96.148, 96.160 through 96.166, 96.180 through 96.192, 96.205, 96.206 and 96.220, water sprinkler systems, invisible dog fences, mailboxes, boulevard plantings or gardens in the right-of-way.
IN. When used in conjunction with right-of-way, means over, above, in, within, on or under a right-of-way.
OBSTRUCT. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way.
PERMITTEE. Any person to whom a permit to construct, excavate or obstruct a right-of-way has been granted by the city.
PERSON. Any natural or corporate person, business association, or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing or any other legal entity.
PRIVILEGE. The legal entitlement of a person to use the right-of-way in the city for the purposes of carrying on its business. A PRIVILEGE for the purpose of this chapter does not include, and does not refer to, a license, permit or franchise. PRIVILEGE shall not include the use of the right-of-way for purposes not in furtherance of the furnishing of utility services.
PUBLIC UTILITIES COMMISSION. The State Public Utilities Commission or any successor organization thereto.
REGISTRANT. Any person who:
(1) Has or seeks to have its facilities located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or any facilities located in the right-of-way.
RESTORATION. The process by which a right-of-way is returned to a condition as good as or better than its condition before the construction.
RESTORATION FEE. An amount of money paid to the city by a permittee to cover the cost of restoration.
RIGHT-OF-WAY. The surface and space above and below any real property in which the city has an interest in law or equity, whether held in fee, or other estate or interest, or as a trustee for the public, including, but not limited to any section line right-of-way, public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park or any other place, area, or real property owned by or under the control of the city. RIGHT-OF-WAY includes the standard ten-foot utility easement platted in the front ten feet of platted lots or any easements acquired by the city through the platting process or any other acquisition.
RIGHT-OF-WAY BOND. A bond posted to ensure proper and complete construction and repair of a permitted facility pursuant to a permit.
SERVICE DROPS. Those segments of a utility system that connect the end user of that utility to the utility distribution system. These SERVICE DROPS are normally radial in nature and serve individual sites or structures.
SUPPLEMENTARY APPLICATION. An application made to construct, excavate or obstruct more of the right-of-way than was allowed in the permit, or to extend a permit that had already been issued.
UNDERGROUND FACILITIES. All lines, cables, conduits, posts, tanks and any other facilities owned or operated by persons other than the city which are located wholly or partially underneath right-of-way.
UTILITY. Any water, sewer, gas, drainage or culvert pipe and any electric power, telecommunication, signal, communication or cable television conduit, fiber, wire, cable or operator thereof, other than utilities operated by the city.
(1992 Code, § 35.5-2) (Ord. 55-99, passed 5-17-1999)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
(a) Registration and right-of-way occupancy. Each person who occupies, uses or seeks to occupy or use the right-of-way for any facilities located in the right-of-way, or who has or seeks to have facilities located in any right-of-way shall register annually with the city. Any person that currently maintains facilities in the right-of-way on the effective date of this chapter shall register pursuant to division (d) below with the city within 90 days of the effective date of this chapter. Any person whose facilities use the right-of-way to connect two or more facilities which are not part of a continuous utility system shall register prior to installation of the facilities, but are not required to file an annual registration.
(b) No construction without registration. No person may construct, install, repair, remove, relocate or perform any other work on or use any facilities or any part thereof located in any right-of-way without being registered with the city. Planting and maintaining vegetation in the right-of-way is exempt from the requirements of this section.
(c) Grant of privilege.
(1) Any person required to register under division (b) above, that furnishes utility services or that occupies, uses or places its facilities in the right-of-way, is hereby granted a privilege to do so as long as it complies with all other requirements of law.
(2) This division (c) does not apply to established franchise holders.
(3) The granting of the privilege is expressly conditioned on, and is subject to, continuing compliance with all provisions of law.
(d) Registration information.
(1) The information provided to the city at the time of registration shall include, but not be limited to:
A. The registrant’s name, address, telephone, e-mail address and facsimile number;
B. The name, address, telephone, e-mail address and facsimile number of a local representative who shall be available at all reasonable times;
C. Proof that the registrant has secured the insurance specified below. All insurance secured by the registrant under the provisions of this section shall be issued by insurance companies acceptable to the city. The insurance specified in this section may be in a policy or policies of insurance, primary or excess. Certificates of all required insurance shall be provided to the city.
1. Workers’ compensation insurance with statutory limits of the workers’ compensation laws of the state and Coverage B–Employer’s Liability–covering operations of the registrant. This shall include “other states insurance” so as to include all states not named on the “declarations” page of the insurance policy, but excepting monopolistic state fund states. The available limits for Coverage B–Employer’s Liability–shall be not less than $1,000,000 each accident, $1,000,000 disease–policy limits;
2. Commercial general liability insurance providing coverage not less than that of the standard commercial general liability insurance policy (“occurrence form”) for operations of the registrant. If the “occurrence form” is not available, “claims made” coverage shall be maintained for three years after completion of this agreement. The policy shall include contractual, personal injury, bodily injury and property damage liability coverages with total available limits not less than $1,000,000 per occurrence, not less than $2,000,000 general aggregate and $2,000,000 aggregate products and completed operations. This commercial general liability insurance policy shall name the city and its duly authorized representatives as an additional insured. The city shall be provided with a copy of the certificate and the policy endorsement prior to or upon execution of this agreement;
3. Automobile liability insurance covering all owned, non-owned and hired automobiles, trucks and trailers. The insurance shall provide coverage at least as broad as that found in the standard comprehensive automobile liability policy with limits of not less than $1,000,000 combined single limit each occurrence;
4. Registrant will provide the city with at least 30 days written notice of an insurer’s intent to cancel or not renew any of the insurance coverages. Registrant agrees to hold the city harmless from any liability, including additional premium due because of registrant’s failure to maintain the coverage limits required; and
5. The city’s approval or acceptance of certificates of insurance does not constitute city assumption of responsibility for the validity of any insurance policies nor does the city represent that the above coverages and limits are adequate to protect any individual/group/business, its consultants’ or subcontractors’ interests and assumes no liability therefore.
D. Proof that the person is a corporation, including written evidence that it is authorized to do business in the state, as recorded and certified to by the Secretary of State; and
E. Proof that the registrant has posted the bonds required by this code.
(2) The registrant shall keep all of the information listed above current at all times by providing to the city information of changes within ten days following the date on which the registrant has knowledge of any change.
(e) Reporting obligations.
(1) A. Each registrant shall, by April 1 of each year, file a construction and major maintenance plan with the city. The plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of right-of-way.
B. The plan shall include, but not be limited to, the following information:
1. The general locations and the estimated beginning and ending dates of all planned construction projects to be commenced during the next calendar year; and
2. The tentative locations for all construction projects contemplated for the five years starting with the next calendar year. This information is not a public record and shall be governed by SDCL 9-34-19.
(2) Each registrant shall maintain the records of the locations of its facilities in the right-of-way within the city, and any other records as the city may reasonably require. Upon a showing of cause and upon reasonable notice the city may require a registrant to perform a record audit at its sole expense.
(3) Each registrant shall submit a monthly list of the status of its active permits.
(f) Unregistered facilities.
(1) Any facilities found in a right-of-way that have not been registered shall be deemed to be a nuisance.
(2) The city may exercise any remedies or rights it has at law or in equity, including, but not limited to:
A. Abating the nuisance; or
B. Taking possession of the facilities, and/or restoring the right-of-way to a useable condition.
(g) Future uses. In permitting any facilities to be placed, in the right-of-way, the city is not liable for any damages caused thereby to any registrant’s facilities that are already in place.
(h) Abandoned and unused facilities. Any registrant who has abandoned facilities in any right-of-way that are interfering with construction or reconstruction projects shall remove them from that right-of-way when requested by the city.
(1992 Code, § 35.5-3) (Ord. 55-99, passed 5-17-1999)
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