Construction of sidewalks shall be required along major thoroughfares, minor thoroughfares and boulevards in conjunction with the construction of any new development of non-residential developments, mixed-use developments and multifamily residential developments in accordance with the provisions of this section. The sidewalk requirements in this section are in addition to sidewalk requirements set forth under Art. 5: Subdivisions, Sec. 9-5-123.
(A) Sidewalks shall be provided along both sides of major thoroughfares, minor thoroughfares and boulevards as designated on the adopted Highway Map from the Highway Element of the Comprehensive Transportation Plan, as amended, excluding: freeways, expressways, US-264 between NC-11 and NC-33, and Stantonsburg Dr. from B’s Barbeque Rd. westward. The developer shall provide the sidewalk on the side of the street where the development is located in conjunction with the new development on existing lots.
(B) Construction of sidewalks required by this section shall be accomplished along the entire length of all property of the development abutting major thoroughfares, minor thoroughfares and boulevards.
(C) Sidewalks shall be constructed in accordance with the Manual of Standard Designs and Details. The specific design and location of all sidewalks shall be reviewed by the Director of Engineering. The Director of Engineering may expand the required width of sidewalks from the Manual of Standard Design and Details in certain locations of the city and in limited cases, reduce the required width of sidewalks to avoid obstructions while remaining in compliance with dimensional standards of the Americans with Disabilities Act.
(D) All required sidewalks shall be installed prior to any occupancy, including temporary occupancy, of new development.
(E) (1) If special conditions make sidewalk construction unnecessary and such conditions have been verified by the Director of Engineering, the requirement to construct sidewalks along major thoroughfares, minor thoroughfares and boulevards in conjunction with the construction of any new building on existing lots may be deferred. Such deferment shall be granted upon written application to and approval of the Director of Engineering.
(2) General standards the Director may use while considering deferment of sidewalk installation shall include, but not be limited to, pending changes to rights-of-way alignments, pending changes to roadway drainage facilities, unsafe contours or unprotected drainage facilities adjacent to the sidewalk route, or pending utility work or other construction scheduled in the area beyond the developer’s control that could damage the sidewalk if installed. Special conditions which make the sidewalk construction unnecessary or undesirable shall not include personal circumstances of the developer or the lack of sidewalks on adjacent or nearby properties.
(3) If approved for a circumstance where the sidewalk construction is being delayed, the cost of the installation and construction of the deferred sidewalk, as determined by the Director of Engineering, shall be paid by the developer to the city and the city will construct and install the sidewalk when the circumstances for deferment no longer exist. If approved for a circumstance where the sidewalk construction will not occur, no payment for sidewalk construction will be required by the developer. Appeals of decisions made by the Director of Engineering may be made by the developer to the Board of Adjustment.
(Ord. No. 14-073, § 1, passed 11-13-2014; Ord. No. 23-040, § 1, passed 5-11-2023)