905.01 SIDEWALKS REQUIRED.

   Sidewalks shall be required as follows:

   (a)   On all streets in newly platted subdivisions.

   (b)   On properties where a new primary structure is being constructed.

   (c)   All streets (other than those in newly platted subdivisions) within the corporate limits of the City, that do not have sidewalks on 100% of the street frontage shall be designated as either a primary or secondary thoroughfare. The intent of this chapter and a guiding principle of its implementation shall be to exempt property owners from having to install sidewalks whose houses abut quiet residential streets which experience minimal or modest vehicular traffic that is primarily local in nature by designating those streets as secondary thoroughfares.

   (d)   All street designations shall be promulgated at a public hearing by a majority vote of a Street Designation Committee composed of: the Mayor; two members of Council, one of which shall be the Chairman of the Streets and Sidewalks Committee, the other to be nominated by the President of Council and approved by a majority of Council; the Safety-Service Director; the City Engineer; a citizen nominated by the President of Council and approved by a majority of Council and a citizen nominated by the Mayor and approved by Council. With the exception of the Mayor, the City Engineer and the Safety-Service Director, all of whom shall be permanent members, Street Designation Committee members shall serve staggered terms as follows, with vacancies to be filled upon the expiration of that member's term: citizen nominated by the Mayor, two years; citizen nominated by the President of Council, one year; member of Council, one year; Chairman of Streets and Sidewalks, two years.

   (e)   Considerations in establishing or changing the designation of a street (or any section thereof) as a primary or secondary thoroughfare shall be primarily public safety as it relates to traffic, usage and practical need. In the event any property owners abutting any street disagree with the designation of their particular street, said owners may appeal directly to Council which may, by a three-fourths majority vote, override the decision of the Street Designation Committee.

   (f)   Streets which shall have been designated as primary thoroughfares shall be required to have sidewalks installed by the property owners whose property abuts the subject street pursuant to the provisions outlined in Sections 905.02 through 905.08, inclusive.

   (g)   Streets which have been designated as a secondary thoroughfare shall not be required to have sidewalks installed by the property owners whose property abuts the subject street unless a majority of the property owners of a particular street on a front footage basis (not just a majority of property owners, but a majority of front footage owners) petition Council to require the installation of sidewalks in the same manner and pursuant to the same criteria established in these Codified Ordinances. If a majority of the owners on a front footage basis have petitioned Council for the installation of sidewalks, the provisions outlined in Sections 905.02 through 905.08, inclusive, shall apply.

   (H)   This chapter repeals all pending orders by the City to install new sidewalks.

      (Ord. 2002-108. Passed 12-17-02.)