1012.05  SIDEWALK/CULVERT CONSTRUCTION POLICY.
   (a)   Existing Sidewalk Replacement. The City will maintain a record of citizen requests for sidewalk repair and, annually, will review the condition of all of the existing sidewalks within the City. Based on the approved capital budget for any given year, a priority list will be developed and funds will be spent on the replacement of sidewalks, in order of priority, until funds are exhausted. It shall be the City's general policy to replace all existing sidewalk with concrete, and the City will pay 100 percent of the cost of individual sidewalk replacement if concrete is used as the replacement material. The City will, however, replace existing sandstone sidewalks with new sandstone if an abutting property owner agrees to pay the cost difference between replacement with concrete sidewalk and sandstone sidewalk, in accordance with the procedure established below. In no event shall City funds be used to replace existing sandstone sidewalk with sandstone. When existing sandstone sidewalk is replaced, the abutting property owner, with respect to individual blocks of sandstone, will have the option to keep the removed sandstone for his or her own use, or to have the City dispose of the sandstone as it deems appropriate.
   If a sidewalk replacement project involves existing sandstone sidewalk, the City will notify abutting property owners, as well as the Historic District Subcommittee of the City's Architectural and Historic Board of Review, following the award of a contract for the replacement work, but in advance of the construction work associated with the sidewalk replacement. Individual abutting property owners will have ten calendar days from the date of such notice to advise the City if any of those abutting property owners are willing to pay the cost difference between concrete sidewalk replacement and new sandstone sidewalk replacement with respect to the sidewalk abutting their respective properties.
   In the case of sidewalk replacement projects that involve more than one abutting property, replacement need not be uniform. Individual abutting property owners may request and pay for replacement of sandstone sidewalk with sandstone, and others may elect to have their abutting sandstone sidewalks replaced with concrete.
    The City shall require all expressions of interest in replacing sandstone sidewalk with sandstone or declining the opportunity to be submitted in writing. If an abutting property owner agrees to pay the additional cost of replacing sandstone with sandstone, he or she must make payment to the City in the appropriate amount, in cash or by check, prior to the commencement of construction of the sidewalk replacement project by the City. If such payment is not received by the City within the prescribed time frame, the City will proceed by replacing the existing sandstone sidewalk with concrete sidewalk.
   (b)   Driveway Aprons and/or Associated Culvert. All appurtenances (including sidewalks) within the road right-of-way are considered to be a benefit to the City in general and to a neighborhood specifically, except for driveway aprons and their associated culverts. Driveway aprons and any associated culverts are considered to be a specific benefit to individual property owners and, thus, the responsibility for maintaining and repairing driveway aprons and any associated culverts falls on respective individual property owners. If a property owner's activity with respect to his or her driveway apron or associated culvert affects the adjacent sidewalk or the adjacent flow of storm water, the property owner shall be responsible for carrying out construction and paying costs associated with modifying that sidewalk or culvert to bring it within established City design and safety standards. In the event that City activity with respect to an existing sidewalk or culvert affects a property owner's driveway apron, the City will be responsible for replacing the driveway apron or culvert, or for carrying out such construction work necessary to return the existing driveway apron and/or associated culvert to the previously existing construction, but not less than established City design and safety standards, and shall also be responsible for paying the associated costs of such work.
   (c)   New Sidewalk Construction. Abutting property owners may petition for installation of new sidewalks in areas where sidewalks have not previously been installed. Such petitions shall be prepared and filed in accordance with Chapter 727 of the Ohio Revised Code. All costs associated with the construction and installation of new sidewalks shall be paid by affected property owners, either by cash payment or through the levy of special assessments, in accordance with the Ohio Revised Code. Any new sidewalk project shall cover, at a minimum, one complete block or segment of the City street or streets named in a petition.
   All new sidewalks shall be connected to an existing sidewalk if the proposed new sidewalk ends within 500 feet of an existing sidewalk, and the cost of construction of the connecting sidewalk length, plus any additional required construction work, shall be included in the costs associated with the construction and installation of the petitioned for sidewalk. The cost of any additional work necessary in connection with the construction of a new sidewalk shall also be included in the costs of construction of the new sidewalk and shall be paid by the abutting property owners in accordance with Chapter 727 of the Revised Code. Such additional costs may include, but are not limited to, the cost of installing curbs and/or storm sewers in areas that presently have roadside ditches. With respect to corner property lots, and in determining the appropriate apportionment of project costs among affected property owners, the City shall consider only the longest side of the lot when using front footage as the basis for apportioning project costs.
   On receipt of a petition for installation of a new sidewalk, the City Engineering Department will conduct a field investigation of the area covered in the petition to ascertain the feasibility of constructing and installing a new sidewalk in that area. In addition, the Engineering Department will determine appropriate sidewalk configuration, location and width in accordance with City zoning and land development requirements and the City's Comprehensive Plan. Based upon the feasibility study and associated preliminary determinations, the Engineering Department will prepare a preliminary project cost estimate. The preliminary project cost estimate shall be distributed to affected property owners for their review. If the original petitioners are still interested in pursuing installation of new sidewalk after review of the preliminary cost estimate, the City shall proceed in accordance with Chapter 727 of the Revised Code to authorize and carry out the project and levy associated special assessments.
   Construction and installation of new water lines shall be governed by Chapter 1044 of these Codified Ordinances. Construction and installation of all other new infrastructure facilities, including, but not limited to, concrete curbs, storm sewers, street and pedestrian lighting and electric utility lines, shall be governed by the City's Infrastructure Policy (implemented by Ordinance 99-74, passed on July 7, 1999).
(Ord. 00-54.  Passed 5-3-00; Ord. 04-154.  Passed 8-18-04.)