§ 154.084 SIDEWALK REQUIREMENTS.
   (A)   Purpose. The purpose of this policy is to provide for the adequate construction of pedestrian walkways within the city in order to promote the health, safety and general welfare of the community.
   (B)   Sidewalk requirements. New development requires pedestrian elements on the on both sides of a new roadway. Development adjacent to existing roadway requires sidewalks if:
      (1)   Fronting a roadway designated on the master thoroughfare plan as a non-local street; or
      (2)   Fronting a roadway where sidewalks exist on 50% or more of the properties on the block face.
   (C)   Design standards.
      (1)   All sidewalks shall be a minimum of four feet in width, except a sidewalk located within or abutting a collector street, or larger, as shown on the master thoroughfare plan, which shall not be less than five feet in width.
      (2)   All sidewalks and pathways shall be constructed in the area between the curb or grade line of the public street and the abutting property line, unless the pathway is situated within a dedicated pathway easement or right-of-way. The edge of the sidewalk or pathway shall generally be parallel with the curb line, and situated no more than one foot from the abutting property line. The Director of Public Works may approve a plan to alter the location and size of a sidewalk to preserve a tree or for aesthetic purposes. One additional foot of width shall be added to a sidewalk that abuts a street curb.
      (3)   Sidewalks shall be constructed of Portland cement concrete with a minimum thickness of five inches. Pathway-system sidewalks shall be a minimum thickness of five inches.
      (4)   Concrete for sidewalks and pathways shall:
         (a)   Be Class A;
         (b)   Consist of a minimum of five sacks of Portland cement for each cubic yard of concrete mix;
         (c)   Have a seven-day flexural strength of 500 psi; and
         (d)   Have a 28-day compressive strength of 3,000 psi.
      (5)   Reinforcement shall be #4 steel deformed reinforcing bars on 18-inch centers.
   (D)   Architectural Barriers Act. All sidewalk/street intersections shall be constructed so as to provide a ramp that complies with the Architectural Barriers Act and TDLR. Barrier-free ramps shall be provided for access to the street.
   (E)   Waivers. A complete waiver of the requirement for the construction of sidewalks for a specific development should be rare and allowed only where there are unusual factors.
      (1)   Unusual factors include:
         (a)   Projects where the cost of establishing sidewalks or walkways would be unreasonably disproportionate to the cost of the associated roadway construction or overall project costs;
         (b)   Areas with severe topography or other natural constraints that will constrain proper implementation of the required sidewalk;
         (c)   Situations inherently adverse to pedestrian activity, such as harmful noise, dust creation, and high volume truck traffic, in certain areas, such as agricultural, heavy commercial, and industrial developments; or
         (d)   Situations where an applicant can show other factors or circumstances amounting to reasonably justifiable good cause to support such waiver.
      (2)   The Public Works Director or designee shall make a determination as to whether or not the waiver should be granted, and document that determination with supporting data that states the basis for the decision.
   (F)   Appeal process. A denial of a request for a waiver of these requirements may be appealed to the City Council.
      (1)   A written appeal must be filed with the Director of Public Works within ten days of the denial.
      (2)   The appeal must provide justification for the requested waiver, based on the established criteria stated above.
('68 Code, App. B, § 5.05) (Ord. 8-1989-34, passed 8-8-89; Am. Ord. 01-2022-02, passed 1-11-2022)