Notice of Adoption of ORDINANCE No. 324 SIDEWALK RESERVE FUND
AMENDING CHAPTER 28,
ARTICLE II,
AN ORDINANCE TO AMEND THE PITTSFIELD CHARTER TOWNSHIP CODE TO ESTABLISH A SIDEWALK RESERVE FUND.
PITTSFIELD CHARTER TOWNSHIP, WASHTENAW COUNTY, MICHIGAN, HEREBY ORDAINS:
That Article II of Chapter 28, Section 28-33, is added to the Pittsfield Charter Township Code of Ordinances to read as follows:
Article II, Sidewalks
Sec. 28-33. Standards.
(e) Except as otherwise provided in this Section, all developments that require site plan approval shall provide sidewalks/pathways as part of their site improvements as defined in the Pittsfield Chapter Township Engineering Standards. The Township Planning Commission after considering a recommendation made by Department of Utilities and Municipal Services (the Department) staff, approve payment by the depositor to the Township’s Sidewalk Reserve Fund in lieu of constructing sidewalks/pathways.
1. The Department shall make a recommendation to the Planning Commission whether to permit payment-in-lieu of sidewalk/pathway construction. Such a determination shall be made on the basis of the following criteria:
a. The frequency and volume of pedestrian traffic in the subject area;
b. Site features which make sidewalk/pathway installation and/or maintenance not feasible, including but not limited to poor soil, steep slopes, or proximity to wetlands;
c. Proximity to and connectivity with existing non-motorized amenities.
2. A payment-in-lieu of sidewalk/pathway construction as permitted by this article shall be a sum of cash money deposited in the Township Sidewalk Reserve Fund account by the applicant. The amount of the deposit shall be at minimum, equal to the estimated cost of construction of the sidewalk/pathway for which payment is being made in lieu of construction. The amount of the deposit shall be as determined by the engineers estimate and approved by the Department of Utilities and Municipal Services and shall include any fees which the Township would require for the construction of the sidewalk/pathway.
3. The Sidewalk Reserve Fund account shall be administered by the Township Finance Department. All monies deposited in the account shall be reserved in that account and used only for the construction, repair and/or maintenance of public sidewalks, pathways and other non-motorized amenities in the Township.
a. The Finance Department shall maintain a record of each deposit made, including the amount and date of deposit, the name of the depositor, name of the property owner, and the location of the property for which payment-in-lieu is being made.
b. In the event that the Township and the depositor agree after a payment-in-lieu of construction has been made that sidewalk/pathway will be constructed by the depositor, the deposit in question will be refunded or released to the depositor only upon completion of construction of the sidewalk/pathway. Such refund shall not include any interest which has accrued as a result of the deposit in question. The depositor may request a refund only within the first ninety (90) days following the making of a deposit.
c. The Township shall not assess a property for which payment-in-lieu of sidewalk/pathway construction has been made at any future date for sidewalks/pathways for which the payment was made.
4. The Township may order the construction of public sidewalk, pathways or other non-motorized amenities and pay for such with funds available in the Sidewalk Reserve Fund account, including on property for which payment-in-lieu of construction has been made.
5. Interest earned by the Sidewalk Reserve Fund account shall remain in the Sidewalk Reserve Fund account and shall not be credited to any third party or used for any purpose other than the purposes for which the Sidewalk Reserve Fund was established by the Township.
Sec. 28-34. Adoption and Effective Date
This Ordinance shall be published in the manner as required by law. Except as otherwise provide by law, this Ordinance shall be effective on the day after final publication.
This Ordinance was duly adopted by the Charter Township of Pittsfield Board at its regular meeting held on the 10th of August, 2016, and was ordered given publication in the manner required by law.