(A) The owner of any property not having sidewalks shall agree to install and pay for sidewalks to be constructed in accordance with the specifications contained in § 151.002 as a condition to the issuance of a building permit for a new structure, to expand the square footage of the main structure by at least 10%, or to expand the number of bedrooms when the permit valuation is more than $10,000, except as provided in division (B) below. The structure for which the permit is issued shall not be occupied until the sidewalks have been constructed.
(B) (1) The construction of sidewalks required in division (A) above may be deferred upon execution by the property owner of a binding agreement in favor of the city requiring future sidewalk construction by, and at the expense of, the property owner and the owner’s successors in interest.
(2) The agreement shall be in a form satisfactory to the City Manager or designee.
(3) This division (B) is applicable only when one or more of the following conditions is found to exist by the City Engineer:
(a) Construction of sidewalks is not feasible due to limiting physical conditions;
(b) All property within 300 feet on each side of the side lot lines of the property for which the building permit is issued is fully developed and none of the fully developed properties have sidewalks; or
(c) The property is located on twenty-fourth Avenue between Quince and Yew Streets or Yew Street north of the Burlington Northern Railroad tracks (Forest Grove Industrial Park).
(Prior Code, § 3.105) (Ord. 1973-1007, passed - -; Ord. 1974-1043, passed - -; Ord. 1976-27, passed - -; Ord. 2013-04, passed 5-13-2013)