§ 602. Parkway and arterial street sidewalks—Fee-in-lieu option.

A.

Fee-in-Lieu Option. Parkway and arterial street sidewalk construction, required pursuant to ordinance, City regulation or Subdivision Regulations of the Tulsa Metropolitan Area Planning Commission, may be deferred by the director upon approval by the planning commission of a waiver of subdivision regulations which imposes the fee-in-lieu as a condition of the waiver; the payment of the fee-in-lieu, as calculated hereafter; and the director determining as follows:

1.

The developer elects not to construct the subject sidewalk but to pay the fee-in-lieu of sidewalk, as provided hereafter.

2.

Factors are known by the director which will make likely the impracticability of present construction at the site in question, such as, but not limited to, the following:

a.

Anticipated construction, known to the director to be planned for the subject site, will substantially damage or cause the replacement of sidewalks, if presently constructed, and/or

b.

Geographical (topographical) conditions/formations make present construction impractical;

c.

Drainage issues and other surface conditions make present construction impractical;

d.

Existing or planned utility-related construction make present construction impractical; and

e.

Other factors deemed by the director to make present construction of sidewalks at the site in question imprudent and/or impractical.

B.

Payment of Fee-in-Lieu.

1.

Should a parkway or an arterial street sidewalk be deferred by the director, a fee-in-lieu of sidewalk construction shall be paid by the developer.

2.

The fee shall be equal to the amount required, at the time of deposit, pursuant to the City of Tulsa's current City-wide Infrastructure Rehabilitation and Improvement contract to construct a sidewalk appropriate for the site in question as determined by the director.

3.

The fee-in-lieu of sidewalk shall be paid into a fund entitled the "Parkway - Arterial Street Sidewalk Fund." This fund shall be appropriated and available for use at the discretion of the director for sidewalk repair or construction throughout the City at other parkway or arterial street locations without site preference.

C.

Sidewalk Installation. Sidewalk installation by the City at the site where a sidewalk-would have been required, but for the payment of a fee-in-lieu of sidewalk, shall occur as street and related public infrastructure development is completed at the site.

(Ord. No. 22845, § 1, 3-14-2013)