(a) The town will require the developer of a site or subdivision within the town's jurisdiction to fund the installation of sidewalk in accordance with the requirements of the town standard specifications and details manual as a part of the proposed development. The town shall fund the construction of sidewalk improvements approved for inclusion as a part of a proposed thoroughfare project. The town shall assess at an established unit price per foot, equating to the property owners paying 50 percent of the cost of installing paved sidewalk along any streets in which the abutting property owners request the installation of sidewalk. All financing by the town by assessing the cost of constructing the sidewalk against abutting properties shall be accomplished in accordance with the provisions of the Charter of the town and the General Statutes of North Carolina, and in accordance with the following:
(1) A petition must be filed with the director of transportation and facilities. The petition must be signed by at least a majority in number of the owners of property to be assessed, who must represent at least a majority of all the linear footage of frontage of the property abutting on the street or portion thereof to be improved. The petition must outline the reasons for the installation of the requested sidewalk. The petition must specify that 50 percent of the cost of the improvement shall be assessed against the properties abutting upon both sides of the street or portion thereof to be improved.
(2) In the event the town council is satisfied that all of the conditions set forth in subsection (1) above have been met, the town council may approve the construction of the requested sidewalk. The director of transportation and facilities shall provide an estimate of the cost for the construction of the requested sidewalk. The town council shall also appropriate funds for the construction of the requested sidewalk if approved for construction.
(3) Assessments shall be in accordance with G.S. 160A-218. Assessments levied pursuant to this article may be paid in cash or, at the option of the property owner, in two equal annual installments bearing interest at the statutory rate of eight percent per annum. The assessments shall be due and payable within 30 days after publication of the notice that the assessment roll has been confirmed without interest. Any property owner desiring to do so may elect within this 30-day period to pay the assessment in two equal annual installments with the first being due the following September 1 and the second installment due one year thereafter.
(b) The town council shall, from time to time, establish a priority order for the installation of paved sidewalk improvements based upon the sidewalk rating system. Once a priority order for the installation of sidewalks is established, or as it may from time to time be altered by the town council, the council will order installation of sidewalks in accordance therewith from time to time as funds are available for such installations.
(c) Paved sidewalks installed under this article by the town shall meet all the following criteria:
(1) The street along which the paved sidewalk is to be installed shall be paved and have curb and gutter along both sides.
(2) There shall be at least six feet of right-of-way between the back of curb and the adjoining property line.
(3) The sidewalk shall be installed in accordance with the town standard specifications and details manual.
(Code 1976, § 14-25; Code 1982, § 17-31; Ord. No. 92-41, § 1, 8-12-1992; Ord. No. 94-013, 5-12-1994; Ord. No. 2019-Code-04, 10-10-2019)