(A) In addition to any provisions contained in Chapter 152, prior to the issuance of a building permit for the improvement of any existing lot or parcel, within the corporate limits of the Town of Fremont, the town official responsible for the issuance of improvement location permits in the town shall require that the landowner install curbs, gutters and sidewalks conforming to the specifications set forth for the same in Chapter 152.
(B) (1) The Town Manager may waive any or all of the required construction set forth in division (A) above when the construction would be unreasonable, or where there is no existing sidewalks, curbs, gutters or storm sewers within 400 yards of the proposed construction and there are no future plans of constructing the same.
(2) The waiver is, however, discretionary and the mere absence of existing sidewalks, curbs, gutters in the area does not establish any waiver as of right.
(3) In exercising discretion, the Town Manager may take into consideration whether the lot or parcel abuts a heavily traveled highway or street.
(C) In addition to the authority to waive construction under division (B) above, the Town Manager may permit variance from the design provisions of division (A) above where it would be unreasonable in the neighborhood in which the lot is located.
(D) Whenever there exists sidewalks, curbs, gutters within 400 yards of the proposed construction, any waiver of construction of sidewalks, curbs and gutters, is to be approved by the Town Council.
(E) Industrial parks will be exempt from the sidewalk requirement as set forth above. In the event it is determined by the Town Council that a sidewalk is necessary and appropriate in an industrial park, the Town Council will cause the sidewalk to be constructed and will be responsible for the costs of construction.
(1996 Code, § 7-16) (Am. Ord. 2010-02, passed 1-5-2009)