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Thread: Fee in lieu of sidewalks

  1. #1
    Cyburbian SideshowBob's avatar
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    Fee in lieu of sidewalks

    I am curious if any of your states have statutes involving developers paying fees in lieu of installing sidewalks in subdivisions. Here in Connecticut, we have a state statute for fee in lieu for open space, but not sidewalks (and I think a town is getting sued for trying to do it with sidewalks).

    I would like to see your state's statute for fees in lieu of sidewalks.

    Thanks much
    Fighting congestion by widening roads is like fighting obesity by buying larger clothes.

  2. #2
    Cyburbian Trail Nazi's avatar
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    At least from my past jobs, it was up to the local jurisdictions to decide whether or not they would accept a fee for sidewalks or build the sidewalks. Stupid engineers would usually take the money because the developers would whine that there isn't a sidewalk connecting to their development. Would drive me nuts for developing a trail system.

  3. #3
    Cyburbian cmd uw's avatar
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    Quote Originally posted by Trail Nazi
    At least from my past jobs, it was up to the local jurisdictions to decide whether or not they would accept a fee for sidewalks or build the sidewalks. Stupid engineers would usually take the money because the developers would whine that there isn't a sidewalk connecting to their development. Would drive me nuts for developing a trail system.
    /\ In Alberta, the municipalities may request a developer to provide sidewalks, pedestrian walkways, etc.

    Here is an excerpt from Section 655 of the Municipal Government Act

    Conditions of Subdivision Approval
    655(1) A subdivision authority may impose the following conditions or any other conditions permitted to be imposed by the subdivision and development regulations on a subdivision approval issued by it:
    (a) any conditions to ensure that this Part and the statutory
    plans and land use bylaws and the regulations under this Part affecting the land proposed to be subdivided are complied with;
    (b) a condition that the applicant enter into an agreement with
    the municipality to do any or all of the following:
    (i) to construct or pay for the construction of a road required to give access to the subdivision;
    (ii) to construct or pay for the construction of
    (A) a pedestrian walkway system to serve the subdivision, or
    (B) pedestrian walkways to connect the pedestrian walkway system serving the subdivision with a pedestrian walkway system that serves or is
    proposed to serve an adjacent subdivision, or both;
    (iii) to install or pay for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the subdivision;
    (iv) to construct or pay for the construction of
    (A) off-street or other parking facilities, and
    (B) loading and unloading facilities;
    (v) to pay an off-site levy or redevelopment levy imposed by bylaw;
    (vi) to give security to ensure that the terms of the agreement under this section are carried out.

    (2) A municipality may register a caveat under the Land Titles Act in respect of an agreement under subsection (1)(b) against the certificate of title for the parcel of land that is the subject of the subdivision.
    "First we shape our buildings, and then our buildings start shaping us." - Sir Winston Churchill

  4. #4
    Cyburbian SideshowBob's avatar
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    Quote Originally posted by Trail Nazi
    At least from my past jobs, it was up to the local jurisdictions to decide whether or not they would accept a fee for sidewalks or build the sidewalks. Stupid engineers would usually take the money because the developers would whine that there isn't a sidewalk connecting to their development. Would drive me nuts for developing a trail system.
    What I am hearing here is that because there is no state statute allowing it, it cannot be done. There is also no state statute prohibiting it, but a town is being sued by a developer for trying to do it I guess (so if the Town wins, I guess the precedent will be set). We have a state statute for fee in lieu of open space, but not sidewalks.
    Fighting congestion by widening roads is like fighting obesity by buying larger clothes.

  5. #5
    Cyburbian The One's avatar
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    hmmmm.....

    We collect money from developers for sidewalk construction, only if warranted or agreed to through phasing and development agreements......
    Skilled Adoxographer

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