This section shall establish design, construction, and maintenance requirements for new sidewalks. Sidewalks shall be provided where required by the Planning Commission for safety, or access to recreational and educational facilities. These requirements shall also apply to existing residential subdivisions with public streets platted without sidewalks that desire to add sidewalks. Sidewalks installed prior to the date of adoption of this section shall be considered legally non-conforming and are not subject to the provisions of this section.
(A) Construction plans required. The location of all sidewalks, including curb ramps, pedestrian crossings and other accessible facilities, as well as all appropriate construction, pavement marking and signage details, shall be shown on the construction plans for the overall subdivision. These features shall be prepared in conformance with the specifications identified herein as well as the design and construction details kept on file with the Planning and Development Director.
(B) Design and construction standards. All new sidewalks shall be designed and constructed to meet or exceed the latest applicable standards for handicapped access established by the Americans with Disabilities Act (ADA), guidelines from the United States Access Board for Pedestrian Facilities in Public Rights-of-Way, A Policy on Geometric Design of Highways and Streets, and The Guide for Planning, Design and Operation of Pedestrian Facilities, both published by the American Association of State Highway and Transportation Officials (AASHTO), and any other applicable federal, state, or local standards.
(1) Sidewalks adjacent to corner lots, at all intersections, and those crossing internal streets shall be designed with curb ramps, detectable warnings, and appropriate pavement markings and signage as required by ADA and any other applicable federal, state, or local standards. Each of these elements, including sign type and location, shall be identified on the construction plans.
(2) Concrete shall be no less than four inches in thickness and shall be specified with a minimum compressive strength of 3,000 pounds per square inch at 28 days. The sidewalk shall be placed on a minimum of four inches of properly compacted graded aggregate base placed to city specifications.
(3) The construction of all new sidewalks shall comply with Section 720 of the Standard Specifications for Highway Construction Manual, latest edition, as amended.
(C) Encroachment and/or building permit required. Construction of new sidewalks shall be included in the building permit issued for the property where it is located. Any repair work on a sidewalk shall require an encroachment permit from the Planning and Development Director or his or her designee. Such permits shall comply with the requirements as identified herein.
(D) Site preparation and inspection. An inspection shall be required for all new sidewalks.
(1) The Planning and Development Director or his or her designee shall be provided no less than three working days' notice prior to any material being placed in order that an inspection may be made of the compacted sub-grade, the forms, and the spacing of expansion and contraction joints. Excavation and grading shall be smooth and to the proper depth as specified herein.
(2) All large stones, boulders, roots, vegetation and other debris shall be removed from the project area, and the sub-grade shall be fine-graded to conform to the profile and grade of the sidewalk when complete. Soft, spongy, or loamy areas within the project area shall be removed and replaced with suitable soils, and the project area shall be properly compacted prior to any concrete being poured.
(3) Final inspection of constructed sidewalks shall be completed prior to issuance of a certificate of occupancy.
(E) Provision of grass strip. A minimum two-foot-wide grass strip shall be provided between the back of curb and the front edge of the sidewalk. In no case shall a sidewalk be constructed against the back of the curb without a grass strip.
(1) Small maturing trees, shrubs, groundcover or vegetation other than grass shall not be located within said grass strip or within four feet from the edge of the sidewalk. Medium or large maturing trees, as defined in the city's tree ordinance, shall not be planted within eight feet of the edge of a sidewalk and shall include an appropriate root barrier along the edge of the sidewalk for a distance of no less than 20 feet. Root barrier product specifications and depth of installation must be approved by the Planning and Development Director prior to installation.
(2) It shall be the responsibility of the homeowners’ association and/or the property owner, occupants, or agents in charge of the adjoining property to maintain no less than an eight-foot clear zone above the sidewalk. This area shall be maintained free of vegetative or other obstructions by the owner, occupants, or agents in charge of the adjoining property.
(F) Bonding required. The repair and replacement of sidewalks (as needed) shall be included within the maintenance bond submitted as a part of the platting process for the overall subdivision. Said bond shall guarantee the completed sidewalks against any defects or improper construction for a period of no less than two years from the date of final plat approval.
(G) Maintenance responsibilities. The final plat and restrictive deeds and covenants shall be recorded for each new subdivision, or, if applicable, to existing developments specifically stating the repair and maintenance of all new sidewalks and landscape strips shall be the sole responsibility of the homeowners’ association and/or the property owner, occupants, or agents in charge of the adjoining property.
(1) Any property owners, occupants, or agents in charge of adjoining property and the homeowners' association, if applicable, shall be liable to the city for any claim or demand made upon the city which arises from a direct or indirect violation of this section and shall hold the city harmless and indemnify the city for any such claim or demand. When the Planning and Development Director or his or her designee determines there is a violation of this section, he or she may cause a notice to be served upon the bonded contractor, property owners, occupants, homeowners’ association, or agents in charge of the property or landscape strip directing that repair or maintenance or removal of obstructions be made at the cost and expense of such owners, occupants, or agents in charge of the property. In the event such work is not done, the city may perform such work and the cost of such repairs and maintenance or removal of obstruction shall constitute a lien against such property and shall be foreclosed in the same manner provided by law for the foreclosure of municipal liens. This division, or language similar to this division and approved by the City Attorney, shall be included on any final plat and in the restrictive deeds and covenants for the subdivision or development.
(2) All sidewalks shall be kept clean from rocks and other obstructions and in a good state of repair by the owner, occupants, or agents in charge of the adjoining property. A sidewalk in good repair shall be free of cracks, floats, obstructions, depressions, and all other defects and shall have a uniform longitudinal and transverse gradient.
(H) Duty to repair and replace. Upon detection of any defective or damaged sidewalk, the Planning and Development Director or his or her designee shall cause a notice to be served upon the bonded contractor, property owner and/or homeowners' association directing that repairs and/or replacement be accomplished within a designated period of time. Failure to comply with the terms of this notice shall cause forfeiture of bond or a citation issued to the property owner and/or homeowners' association.
(Ord., passed 10-13-92; Am. Ord. 07-019, passed 8-14-07; Am. Ord. 10-036, passed 8-24-10; Am. Ord. 2016-015, passed 10-11-16; Am. Ord. 2024-012, passed 6-11-24) Penalty, see § 156.999