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Preston City Zoning Code

CHAPTER 17

48 SIDEWALK FUND

17.48.010 Purpose

The City is committed to the promotion of quality development in all parts of the City and to improving the quality of life for its citizens. In order to help meet these goals, the City has established the City Sidewalk Fund in order to allow for the further development and improvement of pedestrian walkways. The fund will be administered in accordance with the procedures and criteria outlined in this chapter. (Ord. 2019-8, § 1, 11-25-2019)

17.48.020 Establishment Of The City Sidewalk Fund

  1. The City hereby establishes a fund, called the City Sidewalk Fund, for the deposit of a percentage of money in lieu of requiring certain improvements to be installed in conjunction with the construction of buildings and subdivisions.
  2. If a building is built within the area encompassed by 4th North, 4th East, 6th South, and 4th West, road, curb and gutter, ribbon curb, sidewalks, and any other required improvements shall be installed.
  3. If a building is built outside of the area encompassed by 4th North, 4th East, 6th South, and 4th West, the owner of the building may choose from two options:
    1. Install all improvements as specified in Section B.
    2. Contribute funds equal to sixty-five percent (65%) of the cost of such improvements to the City Sidewalk Fund and forego the installation of sidewalk, curb and gutter, and/or ribbon curb.
  4. All funds contributed in lieu of installation of the previously mentioned Improvements shall be placed into the City Sidewalk Fund, and set aside specifically for installing such improvements within Preston City at the discretion of the Public Works Director and City Engineer. (Ord. 2019-8, § 1, 11-25-2019)

17.48.030 Eligibility Requirements And Criteria

  1. Funds paid into the City Sidewalk Fund may be used as follows:
    1. To install new or repair old or damaged sidewalk, curb and gutter, and/or ribbon curb at the discretion of the City.
  2. Funds may also be used in conjunction with the 50% Percent Match Program, set forth herein.
    1. Property owners within the City Limits who wish to install new or repair old or damaged sidewalk, curb and gutter, and/or ribbon curb may apply for a fifty (50%) fund match.
    2. The owner of the property abutting the sidewalk, curb and gutter, and/or ribbon curb who desires to participate in the program shall fill out an application and return it to the City Engineer.
    3. The Engineer, or a designee of the Engineer, will determine if there are sufficient funds in the account to complete the project, if the sidewalk, curb and gutter, and/or ribbon curb is necessary, and where the sidewalk, curb and gutter, and/or ribbon curb is placed.
    4. The Engineer, or a designee of the Engineer, will obtain a bid from a contractor.
    5. The property owner will bear half the cost of installation while the City bears the other half.
    6. The Engineer, or a designee of the Engineer, shall manage construction.
    7. In the event a property owner pays into the City Sidewalk Fund and later wishes to have sidewalk, curb and gutter, and/or ribbon curb installed, the property owner is responsible to pay 50% of the cost in accordance with the match program, notwithstanding the previous contribution.
  3. Nothing herein shall imply or suggest that the City is obligated use the City Sidewalk Fund to pay for any portion of any applicant’s project. The Public Works Director and City Engineer are hereby jointly empowered with discretion to determine to not participate in any project due to lack of funds, scope of work, and/or need for the project to be completed.
  4. Funds from the City Sidewalk Fund shall not be used to assist a subdivider in installing improvements required as part of the approval of a subdivision. (Ord. 2019-8 § 1, 11-25-2019)