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AN ORDINANCE AMENDING THE JONESBORO CODE OF ORDINANCES, SECTION 117.330(c), KNOWN AS THE SIDEWALK ORDINANCE OF THE CITY OF JONESBORO, ARKANSAS, PROVIDING FOR A CONTRIBUTION IN LIEU CONSTRUCTION EXEMPTION FOR PROPERTY IN PLANNED INDUSTRIAL PARKS
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WHEREAS: Currently industrial developments located within the borders of the Craighead County Technology Park do not have an option to pay a contribution in lieu fee as allowed for other various purposes in the city; and
WHEREAS: Contribution in lieu of construction fees are allocated to a restricted fund and may only be used for the construction or maintenance of pedestrian infrastructure; and
WHEREAS: Contribution in lieu fees collected from industrial developments with little pedestrian activity would be used to fund needed pedestrian infrastructure in more urbanized areas of need within the city.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS THAT:
SECTION 1. The Jonesboro Code of Ordinances, Section 117.330(c), known as the sidewalk ordinance, is hereby amended to allow a contribution in lieu of construction fee for areas and conditions as described in the following:
(b) Exceptions. If one or more of the following conditions below exist, the metropolitan area planning commission may approve payment of the contribution in lieu of construction fee instead of installation of a sidewalk if it is determined that installation is impractical:
(1) Installation of the sidewalk would require the removal of a protected tree (Defined as a tree species that is healthy and greater than 18 inches diameter at a height of 48 inches from the ground) or other major obstruction within the right-of-way;
(2) A storm water drainage ditch or similar public facility prevents the installation of the sidewalk, and neither the sidewalks nor the facility can be reasonably relocated to accommodate both the sidewalk and the facility;
(3) The topography would require construction of a retaining wall more than three feet high to accommodate the sidewalk; or
(4) Other unusual circumstances make the sidewalk installation requirement unreasonable or inappropriate.
(5) An industrial or commercial development within the confirmed boundaries of the Craighead County Technology Park.
(c) Exemptions. Section intentionally omitted.
(d) Contribution in lieu of construction fee.
(1) A contribution in lieu of construction fee shall be paid to the City of Jonesboro under the following circumstances:
a. The property owner of industrial or commercial projects or the residential subdivision developer may request this option subject to approval of the metropolitan area planning commission at the time of final plat approval for residential developments or the issuance of the building permit for industrial and/or commercial projects under the provisions in subsection (b) of the section.
b. An owner/developer may appeal the metropolitan area planning commission's refusal to grant a waiver or to approve the contribution in lieu of construction fee to the city council.
(2) The contribution in lieu of construction fee shall be calculated as a fixed amount per linear foot. The city council will establish the rate by resolution upon the recommendation of the city engineer and the rate will be tied to the current weighted average to build sidewalks according to the most current Arkansas Department of Transportation pricing list. The approved rate will be reviewed periodically.
(3) The fee shall be the amount of the sidewalk installation at a value determined by the design engineer and agreed to by the city engineer or his/her designated representative.
(4) The city shall deposit said money into an account dedicated for sidewalk construction until such time the money is used by the city.
(5) For single-family residential developments, the fee shall be paid in full for all platted lots with 90 days of the final plat being recorded or before the first building permit is issued. No building permit shall be issued until the fee is paid.
(6) Each contribution in lieu of payment collected shall be used to construct, improve, or maintain a sidewalk or other pedestrian infrastructure improvements that furthers the intent of this section as determined by the city engineer with the primary consideration being connectivity between new and existing sidewalks.
(7) Any project in the listed Jonesboro Industrial Parks that is operating under a temporary certificate of occupancy at the time of the passing of this ordinance will be eligible to provide a fee-in-lieu payment for the amount of the sidewalk construction calculated at the current weighted average to build sidewalks according to the most current Arkansas Department of Transportation pricing list.
PASSED AND APPROVED THIS 18TH OF MARCH 2025.