Section 25-48.1 Sidewalks generally (plats approved after January 1, 2001).

    (a)      Sidewalks shall be constructed within all pedestrian easements and on both sides of all internal streets and on the abutting side of any adjacent street unless otherwise specified in this chapter. A sidewalk shall not be required along a residential access street which is less than two hundred-fifty (250) feet in length and terminates in a cul-de-sac. Sidewalks shall be a minimum of five (5) feet in width along all other streets.

    (b) The city council may require a sidewalk to be constructed to standards higher than the minimum standards of this chapter; provided, that the city compensate the property owner for the additional cost of constructing the sidewalk.

    (c) A request for a variance to any sidewalk requirement or standard may be filed in accordance with the provisions of Sec. 25-20.  A variance to the requirement to construct a sidewalk may be conditioned on the property owner  paying the city an amount equivalent to the cost of construction of a standard sidewalk; provided however, where an alternate walkway system is approved as a substitute for standard  sidewalks, no payment shall be required.   Each   payment collected shall be used solely to construct or improve a  sidewalk or other pedestrian infrastructure improvement that benefits the property for which the payment was collected.  In cases where no equivalent payment has been made or no alternate walkway system has been approved, the grant of a variance to the requirement that a sidewalk be constructed shall not affect the power of the city council to later install a sidewalk adjacent to the property and levy a special assessment against the property for construction of the sidewalk.

    (d) Sidewalks shall be constructed to comply with the standards contained herein and with the city design standards and specifications established by the director of public works or adopted by the council.  Sidewalks shall be installed prior to issuance of a certificate of occupancy for the subject property unless otherwise specified as a note on the plat or in a performance contract between the developer and the city.

    (e)     Where a final plat creates a common lot or a non-buildable lot, a sidewalk shall be constructed along the portion of each street abutting the lot at the same time the abutting street is constructed.  Where a final plat creates a common lot or a non-buildable lot adjacent to an existing street, a sidewalk shall be constructed along the portion of the street abutting the lot no later than one year after approval of the final plat.

    ( f )     Subsections (a) through (d)  shall not apply to any subdivision that received final plat approval before January 1, 2001.   Subsection (e) shall not apply to any subdivision that received final plat approval before January 1, 2006.

(Ord. No. 16715, § 1, 12-18-00; Ord. No. 17111, § 1, 12-3-01; Ord. No. 18097, § 1, 6-7-04; Ord. No. 18814, § 1, 12-19-05)


(Ord. 18814, Amended, 12/19/2005, Prior Text; Ord. 018097, Amended, 06/07/2004, Prior Text; Ord. 17111, Amended, 12/03/2001, Prior Text; Ord. 16715, Amended, 12/18/2000)