(a) Except as provided in subsection (b) below, where sidewalks do not exist they shall be installed adjacent to the street, or streets, providing access to the subject property in accordance with the following requirements:
(1) Abutting landowners shall construct sidewalks, where sidewalks do not presently exist, in all areas which from time to time, as circumstances dictate, shall be designated by Council by resolution duly passed.
(2) Sidewalks shall be installed on both sides of proposed streets at the time said streets are initially constructed. Such sidewalks shall commence at the existing curb line, or edge of pavement, at the intersection of existing and proposed streets.
(3) The owner of any property not having sidewalks, upon the issuance of a permit for a project which falls within Sections 901.12 and 1115.03(a)(2) which requires a permit per Section 1113.11 of these Codified Ordinances, shall install sidewalks upon said property as hereinafter required, unless otherwise approved by Council.
(a) Where sidewalks exist upon an adjacent property sidewalks shall be installed upon, and to the boundaries of, the subject property.
(b) Where sidewalks exist within 500 feet of the subject property, along either side of the street or streets providing access thereto, sidewalks shall be installed upon, and to the boundaries of, the subject property; excepting that upon one and two family residential properties the construction of a new accessory building or structure or the expansion of existing buildings or structures shall not require the installation of sidewalks as a part of said improvements.
(c) Where sidewalks do not exist upon an adjacent property or within 500 feet of the subject property, and the development project is subject to Planning Commission review, then the Planning Commission shall require the subject property owner to install sidewalks at such time as the condition set forth in subsection (c)(2) above should exist, unless otherwise required by Council.
(b) The Council may waive the requirement for installation of sidewalks as otherwise required herein. All property owners abutting the public street, and private street if connected to a public street, shall request the Council to eliminate the requirement for sidewalks. Before approving the waiver of the requirement for elimination of sidewalks as otherwise required herein, the Council shall find that the following factors exist:
(1) The street is in a residential zoning district.
(2) The street has a very low traffic volume. The maximum traffic volume in Average Daily Traffic (A.D.T.) as determined by the Chief of Police, Director of Public Service and Municipal Engineer shall be 200 motor vehicles per day.
(3) The street shall not be a through street, nor a potential through street which will be connected to a public street in the future, as shown in the municipal thoroughfare plan or an approved development project; nor shall the existing street be extended.
(4) Sidewalks do not currently exist on the street, or the sidewalks must be replaced due to deterioration.
(5) The street has not been included in a plan approved by the Planning Commission or Council, or both, requiring installation of sidewalks pursuant to this section.
(6) The Chief of Police and Municipal Engineer shall determine and report to Council that traffic on the street is less than the maximum threshold of 200 motor vehicles per day.
(7) A petition for waiver of sidewalks on the street, prepared in a form approved by the Law Director, shall be signed by all the owners of the parcels fronting the public street, and private street if connected to a public street, and submitted to the Clerk for consideration by Council.
(8) Deteriorated sidewalks shall be removed and the right-of-way grade restored and seeded.
(9) The City shall not be responsible for the installation of sidewalks in the future. If this subsection conflicts with another subsection of the codified ordinances, as currently in effect or as hereafter amended, then this subsection shall apply.
(10) If the owner of a parcel with frontage on a street upon which sidewalks have been eliminated pursuant to this subsection desires sidewalks to be installed, the property owner shall comply with all municipal ordinances and requirements regulating the construction of sidewalks in the municipal right-of-way and shall pay the cost thereof; or the cost thereof shall be added as a special assessment to owner's real estate taxes pursuant to the codified ordinances and the Ohio Revised Code.
(Ord. 2972. Passed 6-8-17.)