A. Purpose and intent. The purpose of these standards is to ensure greater pedestrian safety and ease of access for pedestrians in the City in accordance with the City's adopted policy guidance. More specifically the intent of these standards is to:
1. Establish Locations. Establish the locations where new sidewalks are required to be installed as part of development;
2. Promote Walking. Promote expanded opportunities for recreational walking and running;
3. Meet Daily Needs. Help ensure City residents can meet their daily needs without use of an automobile;
4. Allow Access. Allow easier access to shopping and commercial areas;
5. Clarify Timing. Clarify the timing of sidewalk installation; and
6. Fee In-Lieu. Establish provisions for the payment of a fee in-lieu of sidewalk installation when sidewalk installation would conflict with other infrastructure improvements.
B. Applicability. The provisions of this section shall apply to the following, unless exempted in accordance with subsection C.
1. Subdivisions. Subdivisions, including group developments of ten or more individual lots.
2. New Buildings or Uses. New non-residential development and multi-family development where principal buildings or new open uses of land are subject to a site plan.
3. Expansions. Individual or collective expansions of existing principal buildings, open uses of land, or off-street parking that are subject to a site plan and that exceed 50 percent.
C. Exemptions. Sidewalks shall not be required in the following instances:
1. Residential Areas. Along existing local residential streets where the TRC determines the following conditions exist:
a. The proposed development is within an area consisting predominately of single-family detached residential development, where no sidewalks are present and have not been otherwise required; and
b. The character and size of the proposed development will not result in substantial additional pedestrian facility needs; and
c. There are no new pedestrian facilities planned that would provide a pedestrian connection to the proposed development.
2. Subdivisions and Group Developments. Along an existing local street abutting a proposed development where the TRC determines the following conditions exist:
a. No new pedestrian facilities are planned along the existing street; and
b. The abutting street does not have a sidewalk and has minimal potential for additional development along it such that the need for pedestrian facilities is greatly reduced; or
c. Sidewalk construction is deemed substantially challenged or unreasonable due to existing topography or other physical constraints.
3. Industrial Areas. Sidewalks are not required along new and existing local and collector streets within industrial areas where all of the following conditions exist:
a. The proposed development is within an area consisting mostly of industrial uses where the majority of developed parcels do not have sidewalks;
b. The character, size, and density of the developments are such that pedestrian demand is expected to be limited; and
c. No transit service or greenway route exists or is planned in that location as indicated in the comprehensive land use plan or supplemental transportation or greenway plan adopted by city council.
4. Cul-De-Sac and Dead End Streets. Along cul-de-sac streets and permanent dead-end streets of 800 feet or less in length, except when they contain cluster mailbox units.
5. Controlled Access Roads. Along streets that are designated North Carolina Department of Transportation controlled access facilities.
D. Cluster Mailbox Units. Sidewalk access must be provided to all areas that contain cluster mailbox units.
E. Configuration. The configuration of the sidewalk is subject to the approval of TRC.
F. Timing of Installation. The site plan or subdivision preliminary plan shall address the phasing and timing criteria for the installation of required sidewalks, including a maximum timeframe for completion.
G. Payment in-Lieu of Required Installation.
l. Payment of fees shall be in an amount equal to 100 percent of the actual installation and construction cost of completing the infrastructure improvements, as estimated by a professional engineer licensed by the State of North Carolina and approved by the Public Works Director.
2. All fees collected by the City pursuant to this section shall be deposited in a fund and used only for the installation of the required infrastructure improvements on the site or in the general vicinity of the site for the infrastructure for which the fee is collected.
3. Use of submitted funds to construct the required infrastructure improvements shall be coordinated with the appropriate phase of any conflicting roadway or utility project.
(Ord. No. O-21-06-15-5, §1, 6-15-21)