(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare through the creation and preservation of a pedestrian network throughout the city that provides for the safe and convenient movement of pedestrians, separate from the movement of vehicular traffic, through both residential and non-residential areas, as well as public places. Pedestrian network shall include the installation of sidewalks, shared-use/multi-use pathways, greenways and similar amenities as included herein.
(B) Applicability. Unless otherwise specified by city ordinance, the sidewalk and pedestrian amenity requirements of this section shall apply to and be required at the time of any new development and/or redevelopment of existing lots within the city. Said requirements shall also apply to and be required at the time of subdivision of both residential and non-residential parcels, with the exception of minor and exempt subdivisions prior to their development. For the purpose of this section, development shall hereafter be used interchangeably to refer to the act of subdivision, construction of new buildings and parking lots, as well as the enlargement or expansion of existing non-residential structures requiring building permits, changes in intensity of use on residential parcels, and the enlargement, or expansion of parking areas.
(C) Pre-development site review. Site plans for proposed development and major subdivisions shall comply with the requirements of this section prior to issuance of all permits. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EASEMENT." A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
"GREENWAY." A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas.
"RIGHT(S)-OF-WAY." A strip of land acquired by reservation, dedication, prescription, or condemnation for use by the public or other specified group and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.
"SHARED-USE/MULTI-USE PATH." A paved path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within tract, or easement. Such a path is used for two-way travel by bicyclists, pedestrians, joggers, skaters, and other non-motorized travelers.
"SIDEWALK." An improved pedestrian surface that is typically located adjacent to a roadway.
(E) Sidewalks required. Sidewalks and pedestrian infrastructure shall be required as follows:
(1) Along all portions of existing public right-of-way immediately adjacent to non-residential or multi-family parcels. New streets in non-residential and multi-family developments shall include sidewalks along both sides of the right-of-way.
(2) Along one side of the right-of-way in all new residential streets, unless specified otherwise in city ordinance. Residential development fronting along only one side of existing right-of-way shall install sidewalks on that side. This shall apply to all frontage of new subdivisions along existing streets as well, including lots and shared open or HoA space.
(3) Permanent easements or dedications of land to the city for the future installation of pedestrian infrastructure are required with the development of any property designated for such improvements on city adopted plans. Easements shall be a minimum of 20 feet in width and shall be located as close as possible as designated in plans, provided that the Planning Director or his or her designee, or other assigned city staff may work with the owner on minor adjustments to exact locations so long as the intent of applicable plans is met.
(F) Sidewalks exempt. Sidewalks and pedestrian infrastructure is not required in:
(1) Industrially zoned properties.
(2) Cul-de-sac turnarounds.
(3) Any large remaining portion(s) of non-residential property at least 200 feet deep from the right-of-way to the interior of the property and with 200 feet of continuous frontage along any single existing right-of-way that is un-improved and not used as part of a proposed or existing development and which contains no substantial constraints, such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments to its future development. For the purpose of this section such a portion of property would be designated for sidewalk installation when developed in the future and shown on present plans as such.
(4) On one side of the right-of-way in developments requiring them on both sides, when a wider, paved, shared-use path has been agreed upon by the Planning Director and Public Works Director as an acceptable alternative and designs for which are included on an approved site plan(s).
DIAGRAM 92.092(1): Required Pedestrian Amenities
(G) Sidewalk location, orientation, design and materials.
(1) Optimal sidewalk placement is within public right-of-way, immediately adjacent to property line, with a grassed planting strip of at least seven feet between the outer edge of sidewalk and the back of the street curb to provide for a buffer and separation from vehicles. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the location may be changed in any area which contains constraints such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making installation impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Installation of sidewalks inside public right-of-way, adjacent to property line.
(d) Maintaining minimum width for grassed planting strip.
(e) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(f) When necessary to place sidewalks inside the property line of the subject property the city shall secure an easement granting perpetual access and maintenance to the city and the public prior to approval of site plans.
(2) Optimal orientation of sidewalks is running horizontally along the property boundary in a straight line. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the orientation of sidewalks may be adjusted and sidewalks may be curvilinear to the minimum extent deemed necessary in order to avoid severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making straighter orientations impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Avoiding of removal or altering of buildings and existing infrastructure.
(d) Avoiding of removal or altering of mature trees, and other natural features.
(e) Avoiding of removal or altering accessory structures, signs, mailboxes, etc.
(f) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(3) All pedestrian infrastructure shall comply with ADA standards for accessibility. Optimal design of shared-use paths is ten feet minimum width and sidewalks is five(5) feet minimum width. Mandatory maximum cross slope is 2% and the horizontal grade is generally no more than the adjacent street. Sidewalks shall extend the length of the right-of-way with breaks of no more than 50 feet where driveway entrances occur. Sidewalks shall be installed flush with asphalt parking lots or driveway aprons and continue uninterrupted across any single spans greater than 50 feet. All breaks in sidewalks shall feature ADA compliant ramps with truncated domes. When site constraints as cited in above sections exist, it is encouraged to use small curb walls and other design features to maintain ADA requirements for grade. Where extreme site constraints exist that make the continuity of the pedestrian network otherwise impractical, the Planning Director may authorize the most minimal reduction to width or increase in slope as is deemed necessary and in keeping with all state and federal requirements.
(4) Sidewalks shall be made of concrete unless another hardened surface is deemed by the Public Works Director to meet current city standards. Shared-use paths in public rights-of-way shall be of concrete, asphalt or another hardened surface approved by the Public Works Director. All other shared-use paths or greenways located outside of public rights-of-way shall consist of a material approved by the Public Works Director or Parks and Recreation Director. All specific material mixes, thickness and installation methods for pedestrian improvements shall comply with current city standards and shall be approved by the Public Works Director prior to both approval of plans and completion of development.
(5) Pedestrian infrastructure shall be provided for to the greatest extent possible for all required developments. Where extreme site constraints exist or upcoming plans for alterations to right-of-way or adjacent infrastructure exist that make complete installation impractical or cost prohibitive such areas shall be delineated on approved site plans and accompanied by documentation from the Planning Director, or his or her designee, detailing the reason for exclusion. In such cases the linear distance of such exclusions shall be documented and the current market rate price per linear foot for more typical improvements shall be used to determine a more appropriate figure that can be applied as part of the fee-in-lieu of installation program below.
(H) Fee in lieu of installation.
(1) In order to ensure that the intent of this section is met; to provide for the continuous, practical and economically efficient installation of a pedestrian network; to maximize the use of this infrastructure; and make future maintenance routines easier to manage, the city has developed an optional fee-in-lieu program for property owners to defer the prompt installation of sidewalks as a required part of their approved development and instead pay to into a city fund for the installation of public sidewalks elsewhere. This program is applicable for those properties with demonstrated site constraints, residential developments of less than ten lots which front on existing public right-of-way, as well as other non-residential property owners wishing to use it. The requirements for participation are as follows:
(a) Property owner shall submit and receive approval of site plans with sidewalks meeting all requirements of this section.
(b) Following final approval, property owner may submit an application to the city to pay the fee-in-lieu. Application shall be accompanied by the property owner's market rate estimate for materials, labor, site prep and all other installation costs or they may accept the estimate provided by the Public Works Director.
(c) As part of the program, property owner shall agree to keep clear the approved sidewalk location in their adjacent right-of-way to the best of their ability and shall be required to keep clear and provide recorded easements to the city for any areas within their property designated for sidewalk installation on the approved site plan.
(d) The Public Works Director, or his or her designee, shall review the application and the estimate for installation and shall approve it or else revise it and send it back to the property owner for subsequent review and approval.
(e) Once the application has been approved the property owner must pay 75% of the approved cost to the city prior to development being completed and certificates of occupancy and other permits being issued. Receipt of approved application, agreements and payment shall constitute the completion of sidewalk requirements for said development.
(2) Once the city has accepted payment for the fee-in-lieu of installation it is responsible for the following:
(a) Maintaining clear records for each application in the program including dates approved, available funds and dates and locations of funds used.
(b) Holding all funds in a separate account or otherwise ensuring their designation and continued availability only on projects applicable herein.
(c) Funds from each specific property must be spent within the corresponding pedestrian improvement zone they are located in at the time of application, a map of these zones must be adopted by Council prior to commencing with the fee-in-lieu program and formally amended before future funds may be spent in any area outside of the existing corresponding zones.
(d) Using funds for pedestrian network improvements only. Funds from separate applications for properties within the same pedestrian improvement zone may be combined together and used on larger projects or used in conjunction with city designated funding sources or as matches on grants so long as these are also for pedestrian improvements as defined in this section.
(I) Failure to comply. Failure to adhere to the requirements of this section shall constitute a violation of city zoning ordinance and shall be enforceable as detailed in this chapter.
(Ord. 19-26, passed 8-5-19; Am. Ord. 19-37, passed 10-7-19; Am. Ord. 19-42, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)