Committee recommends allowing industrial park developers to pay sidewalk fee instead of building sidewalks

A Jonesboro Public Works Committee recommended sending Ordinance 25,005 to the full City Council after approving language that would let certain industrial and commercial developments pay a contribution in lieu of constructing sidewalks.

The ordinance would amend Jonesboro Code of Ordinances section 117.330(c) to allow the Metropolitan Area Planning Commission (MAPC) to approve payment of a contribution-in-lieu fee instead of requiring sidewalk installation for developments that meet specified exemptions, and it defines how the fee is calculated and managed.

Under the proposed exemptions, MAPC could allow the fee in lieu of sidewalk construction if one or more of these conditions exist: installation would require removal of a protected tree (a healthy tree greater than 18 inches in diameter or 48 inches in height), a stormwater drainage ditch or similar public facility prevents installation and cannot reasonably be relocated, construction would require a retaining wall more than 3 feet tall, or other unusual circumstances make installation unreasonable. The ordinance explicitly adds industrial or commercial developments within the confirmed boundaries of the Craighead County Technology Park to the list of eligible projects.

The draft sets the fee as a fixed amount per linear foot. City Council would establish the rate by resolution on the recommendation of the city engineer; the rate is to be tied to the current weighted average cost to build sidewalks using the most current Arkansas Department of Transportation pricing list. The city would deposit contributions into a dedicated account restricted to sidewalk and pedestrian infrastructure projects, with the city engineer prioritizing projects that improve connectivity between new and existing sidewalks.

A provision in the draft (paragraph 7) says projects listed in Jonesboro Industrial Parks that were operating under temporary certificates of occupancy at the time the ordinance passes may provide a fee-in-lieu payment for the amount of sidewalk construction calculated at the current ADOT-weighted average rather than having built the sidewalk.

During public comment, resident Joe Heffner of 920 Lombardi Circle said he had “kind of spearheaded this a few years ago,” and noted the main changes were to two numbered provisions in the ordinance. Heffner said his “only request is … that they go back and make their contribution” for businesses operating under temporary certificates of occupancy. Resident Patty Lack of 4108 Pours Hill Road asked about the size of the sidewalk fund and said she had been told by Michael Morris that it “was a little over $78,000.”

A staff member identified only as Tony confirmed the money remains in a restricted account for sidewalks. A committee member asked whether entities operating under temporary certificates of occupancy could be required to pay after the fact; Heffner said his understanding was they could, and staff clarified that the city issues temporary certificates of occupancy allowing operations to begin subject to completion of conditions and that the ordinance’s paragraph 7 would permit those entities to pay the fee instead of having constructed sidewalks.

There was a motion and a second to recommend the ordinance to the full council; the committee voted in favor.

The item will move to the City Council for consideration; the ordinance includes multiple procedural details (appeal rights to the City Council from MAPC decisions, payment deadlines for single-family plats, and dedicated-fund rules) that would be finalized if the council approves the measure.