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CP070 (Sidewalk Construction, Maintenance and Assessment of Costs)CITY OF JANESVILLE Policy No. 70 Page 1 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering PURPOSE To establish objectives, criteria, and procedures for the construction and maintenance of sidewalks, and assessment of costs. STATEMENT OF POLICY 1. Objectives A. To establish a system of sidewalks in Janesville that links pedestrian generators to destinations and, thus, provides for pedestrian safety. B. To establish criteria for the construction of sidewalks in existing developed areas and future areas. C. To provide a procedure for an orderly system of construction of sidewalks in existing developed areas of the city based on established criteria. D. To provide for the equitable funding of sidewalk construction. E. Maintain existing public sidewalks in a safe condition. 2. Criteria A. Sidewalks should be constructed according to the adopted “Pedestrian Transportation Corridor Plan” (PTCP). B. The official PTCP will be maintained in the City Engineer’s Office. C. The PTCP shall be updated for developments consistent with this policy on an annual basis. D. The PTCP is intended to be a comprehensive tool used to communicate with residents about where the pedestrian corridors in CITY OF JANESVILLE Policy No. 70 Page 2 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering Janesville are located. It shall contain the following elements: (1) Current city limits (2) Adjacent trails/sidewalks not in City jurisdiction (3) Layout of current street network (4) Color coded lines representing the following: a. Green shall represent existing sidewalks b. Yellow shall represent planned unfunded sidewalks. This is generally considered the minimal amount of sidewalk system necessary to provide connectivity throughout the community. c. Purple shall represent planned City-funded sidewalks. d. Orange shall represent unplanned unfunded sidewalks. This category is included on the PTCP to communicate with residents that a sidewalk may be constructed adjacent to their property. e. Blue shall represent planned non-City funded sidewalks. f. Dashed Blue shall represent existing trails. This category is shown to provide overall context for the connectivity of the system. 3. Plats/Certified Survey Maps A. For any new streets for which sidewalks are planned per a Neighborhood Plan or designated by Plan Commission vote, before the City Treasurer signs any plat or certified survey, the subdivider shall list or show on the plat or certified survey the streets along which sidewalks are to be constructed pursuant to City Ordinances and these will be added to the PTCP upon subdivision approval. 4. Governing Ordinances A. Effective June 13, 1977 through August 7, 1992, construction of sidewalks in new developments are governed by Section 36-223 of the Janesville Code of General Ordinances. CITY OF JANESVILLE Policy No. 70 Page 3 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering B. Effective August 8, 1992, construction of sidewalks in new developments is governed by Section 36-336 – , of the Janesville Code of General Ordinances. 5. Implementation Procedures Pedestrian Transportation Corridor Plan Color Category Implementation Procedures Yellow Planned Unfunded Walk City Engineer can propose sidewalk installation by presenting a resolution to Council, then follow Sections 5.C.5 through 5.C.8. Purple Planned City Funded Walk Construction will follow plat approval. Section 6.A.4 of this policy addresses this process Orange Unplanned Unfunded Walk Construction follows a petition process per Section 5.C Blue Planned non-City Funded Walk Construction will follow plat approval. Section 6.A.5 of this policy addresses this process. Blue (Dashed) Trails These are generally considered a city-wide concern. Initiation should be undertaken through the capital improvements and budgeting process A. This policy shall not restrict the decision of the Council or actions of City Administration to address a public safety concern. CITY OF JANESVILLE Policy No. 70 Page 4 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering B. If a section of sidewalk is included on the resolution for the annual sidewalk program and is not approved by the City Council, then the sidewalk shall not be placed by the Administration on the resolution in the following year. C. Petition Procedures (Orange Sidewalk). (1) All requests must be in writing and contain the name and address of the persons initiating the request, the site of the requested installation, and the reason(s) for the request. (2) All requests must be submitted to the City Engineer by September 1 of each year to be considered for implementation the following construction season. (3) The request will be placed on the annual sidewalk program for consideration the following year provided it meets one of the following criteria: a. 30% of abutting property owners per block signing a petition in favor. The limits of a block shall begin at one street intersection and end at the next street intersection for the requested side of the street; b. or, 10 unrelated persons residing within one-quarter (1/4) mile of the requested sidewalk signing a petition in favor. (4) The City Engineer shall report any sidewalk that meets the implementation criteria as “Recommended”, unless there are topographical concerns that make the sidewalk inappropriate to construct, in which case the City Engineer shall report it as “Not Recommended-Topographical Problem.” CITY OF JANESVILLE Policy No. 70 Page 5 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering (5) Prior to action by the City Council, written notice shall be sent to abutting property owners and requestors stating: a. The date of the City Council public hearing. b. The City Engineer’s recommendation per this policy. (6) The official public notice for proposed sidewalk installations shall contain: a. The site of proposed installation. b. The date, time, and location of the City Council public hearing. (7) After the public hearing, the City Council may order any sidewalk installation(s) it deems justified. (8) This policy in no way restricts pedestrians’ use of the public right-of-way. 6. Construction and Maintenance A. Construction. (1) Sidewalks may be constructed privately by owners of the abutting property. (2) Sidewalks may be constructed by the City and billed to the owner of the abutting property. (3) All public sidewalks whether constructed privately or publicly shall meet the City of Janesville’s Standard Specifications for Sidewalk Construction (as shown in Section 9 of this policy). (4) For sidewalks in new developments as defined by plats and certified surveys approved after August 7, 1992 and before October 1, 2015 that are not covered by a Memorandum of CITY OF JANESVILLE Policy No. 70 Page 6 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering Understanding (MOU), the City Engineer shall direct the construction of the sidewalks at a time they deem appropriate without further action by the City Council, and the cost shall be charged to the sidewalk construction account unless the City never fully collected the sidewalk assessments, in which case the abutting property owner will be billed for the portion not previously collected. (See Section 36-336, of the Janesville Code of General Ordinances). (5) For sidewalks in new developments as defined by plats, certified surveys and MOUs approved after October 1, 2015, the property owner will be responsible to construct the sidewalk privately on each individual lot as homes are constructed and prior to receiving occupancy of the property, when occupancy permits are issued May 15 through November 15. For homes when occupancy permits are issued November 16 through May 14, the property owner agrees to privately construct and pay for sidewalk prior to July 15 or the City shall install sidewalk and assess the property owner for all costs. This provides more than 60 days for the property owner to coordinate sidewalk installation following a winter season. The Developer shall record sidewalk waiver of special assessment with the Rock County Register of Deeds for each lot within the plat and shall pay all required recording fees. Developer shall provide the City copies of the recorded sidewalk waiver of special assessment for each lot prior to the City accepting privately constructed improvements to support said subdivision plat. At the time of initial street installation, the Developer shall be solely responsible for the cost and installation of any curb ramps, cast iron truncated dome panels, and ADA ramps, if necessary, and all sidewalk abutting public property or undevelopable property in accordance with CITY OF JANESVILLE Policy No. 70 Page 7 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering City standards. B. Maintenance/Repairs. (1) Sidewalks shall be maintained by owners of abutting property. (2) The Engineering Division shall establish a system of inspection of existing sidewalks, including standards for replacement (as detailed in Section 7 of this policy); shall notify abutting property owners of necessary repairs; and shall have the authority to order the repair of any sidewalk. If the abutting property owner(s) fail to undertake the necessary repairs within the notification period, the City Engineer may arrange for a contractor to undertake the repairs; may bill the abutting property owner; and if unpaid, a lien may be placed on the property in accordance with Wisconsin Statute (66.615). (3) The abutting property owner(s) shall pay the construction related cost but the General Fund will pay for administrative fees. 7. Standards for Construction of New Sidewalk and Sidewalk Repair A. New Sidewalks shall meet the following standards: (1) Minimum width shall be five feet (5’). (2) Minimum thickness shall be four inches (4”) for terrace walk, six inches (6”) for residential driveway walk & curb ramps, and eight inches (8”) for commercial driveway walk. (3) Cross-slopes shall be one eighth inch (1/8”) per foot minimum (1%) and one quarter inch (1/4”) per foot maximum (2%). (4) Running and ramp design slopes of ADA shall govern. (5) Grading shall provide positive drainage to prevent ponding of water. (6) Horizontal alignment of the back of sidewalk shall generally be CITY OF JANESVILLE Policy No. 70 Page 8 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering one foot (1’) on the right-of-way side of the property line. Exceptions to this may be granted by the City Engineer. (7) Vertical alignment shall be in accordance with City of Janesville Standard Specifications Exceptions to this may be granted by the City Engineer. (8) Material shall be portland cement concrete. Exceptions may be granted by the City Engineer for driveway crossing if existing drive materials provide a smooth, hard surface meeting ADA requirements. B. Repair Sidewalks (1) Repair any sidewalk which: a. Has adjacent sections with a three quarter inch (3/4”) or greater vertical displacement. b. May exhibit other hazardous conditions. c. In lieu of repairing sidewalk, any existing sidewalks along corridors identified as Unplanned, Unfunded (Orange) sidewalk routes on the PTCP where there are properties with and without sidewalks creating gaps within the same block, these property owners may elect to remove all sidewalk abutting their property except that portion through the driveway, rather than only replace defect sidewalk. If subject sidewalk has not been removed in its entirety or defect sidewalk has not been repaired by the date directed by staff, City contractors will repair the defect sidewalk and the property owner will be billed, similar to all other cases. This policy recognizes a future City Council may change the designation on the PTCP from Unplanned, Unfunded (Orange) to Planned, Unfunded (Yellow) and order in sidewalk at the property owner’s expense. CITY OF JANESVILLE Policy No. 70 Page 9 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering (2) The appeal process for the implementation of repair sidewalk standards for the Sidewalk Program shall move from the Sidewalk Inspector to Assistant City Engineer to City Engineer to Director of Public Works to Deputy City Manager to City Manager. (3) The grievance procedure for a property owner who was ordered to repair their sidewalk within 5 years prior to a street reconstruction project should first contact the City Engineer. Any property owner seeking consideration of a reimbursement of a part of previously levied sidewalk replacement, repair(s) or installation shall provide a written statement of the circumstance and proof that the owner paid for such sidewalk replacement, repair, or new installation costs within 5 years of the City opening bids for the reconstruction, repair, and/or installation of a new sidewalk, and may be eligible for not more than a 25% reimbursement of the assessment amount previously paid to the City or a private contractor for such previous sidewalk repair, restructuring, or new installation. The City Engineer will evaluate the circumstances as well as the proof of previous payment for the sidewalk work provided by the property owner. The City Engineer shall consider that, often times, street reconstruction changes the geometry of a street corridor/terrace, cross slope of the terrace, profile of the roadway, etc., which most likely would require sidewalk replacement to match the project design regardless if defective or other sidewalk repair was ordered and/or paid for by the abutting property owner prior to the current street and/or sidewalk reconstruction, repair, and/or installation by the City or a private contractor. All reimbursements may only occur under this Policy subsection, as from time to time amended or renumbered, and requires administrative approval. The City Engineer shall provide a written explanation to the property CITY OF JANESVILLE Policy No. 70 Page 10 of 10 CITY COUNCIL POLICY STATEMENT Date Issued 7/28/92 Revised: 9/21/92, 3/10/97, 12/4/2000, 5/12/2003, 1/14/2008, 3/25/2008, 03/09/2010, 3/25/2013, 9/28/15, 1/11/16, 4/9/18, 5/29/18, 7/10/23 General Subject: Administration Effective Date 7/11/23 Specific Subject: Sidewalk Construction, Maintenance, and Cancellation Date Assessment of Costs Supersedes No. 18 & 48 Responsible Dept/Div: DPW/Engineering owner of the final administrative decision which may include reimbursing to the requesting, abutting, property owner up to 25% of the costs previously paid, if the same meets the criteria stated above or the City Engineer may deny the written reimbursement request. In the event that the submitted written reimbursement request is denied, the property owner may appeal that denial to the Common Council. Any reimbursement request received that does not fall within the 5 year time limit will automatically be denied as not eligible for reimbursement or consideration by the City Engineer or appeal to the Common Council. # # # # #