(a) Policy Statement.
(1) Sidewalks are a fundamental component of the Municipality's transportation and recreation system and provide inherent safety and value to the adjacent property owner, the surrounding neighborhood, and to the general public. The provision of sidewalks in planned subdivisions shall be required based upon the following public benefits:
A. Enhanced safety for children playing on their block and in a neighborhood; and
B. Protection of children and adults walking to and from schools, parks, neighbors, neighborhood shopping, and public transit stops or walking recreationally.
(2) Whenever a development plan is submitted, it shall be a requirement of the owner/developer to install sidewalks, curb and gutter based upon the specifications established by the Municipality. This requirement applies to all developments including residential, commercial, office, retail and industrial. The Municipality's Planning and Zoning Code shall be amended to require all infrastructure improvements for any development. The Municipality's Subdivision Regulations shall also be amended to identify specific criteria for consideration of any deferrals of sidewalk, curb and gutter. The criteria for deferral of infrastructure improvements shall be reviewed by the Planning Commission with a recommendation to Council for review and final approval.
(b) Maintenance Requirements.
(1) The repair of existing sidewalks, curbs and gutters shall be the responsibility of the property owner per Ohio R.C. 729.01. The costs associated with these repairs shall be paid directly in accordance with Ohio R.C. 729.02.
(2) The Municipality will strive to notify property owners in advance by letter of streets and lots included in the Municipality's sidewalk, curb and gutter program. The Municipality will attempt to provide property owners with a notice of three years in advance of the inclusions of their property in the sidewalk, curb and gutter program with a one-year notice prior to the actual work. Due to changes that can occur over time in the streets scheduled for the sidewalk, curb and gutter program, the three-year notice will include a statement alerting property owners that the schedule of streets might change which could affect the actual date that their street and property would be included in the program. In cases where the list of streets included in the program changes during annual updates of the Municipality's Capital Improvement Plan, the Municipality will strive to give as much advance notice as possible to the affected property owners.
(c) Petition for Sidewalk, Curb and Gutter. If property owners of an area without sidewalk, curb and gutter request the installation of same, the cost for these improvements shall be borne entirely by the affected property owners. This request must be accomplished through a petition signed by a majority of the affected property owners. The installation of any missing gaps in sidewalk, curb and gutter under this provision should be done for the entire affected block.
(d) Tree Replacement Program. With the installation, repair or replacement of sidewalk, curb and gutter, it is necessary at times to remove trees that physically affect the work or have impacted and damaged the adjacent sidewalk, curb or gutter. Given the importance and value of trees to the community and to neighborhoods, the Municipality will work with property owners to replace trees removed by sidewalk, curb and gutter work. The Municipality will make available to property owners a list of approved trees and recommended locations where the tree(s) should be planted. The cost for the replacement tree(s) and installation will be paid for by the Municipality.
(e) Effective Date. This policy will be in effect for all future sidewalk, curb and gutter programs.
(Res. 4-01. Passed 4-10-01.)