§ 155.049  SIDEWALKS.
   (A)   Appropriate pedestrian access required. Appropriate pedestrian access shall be provided for all new developments and renovation or remodeling equaling 50% of the existing building's value and for subdivisions, either through the construction of concrete sidewalks or pedestrian path/bikeway systems, or a combination of the both, as provided in § 156.108 of the code.
   (B)   General requirements for sidewalks.  In all cases where sidewalks are required, prior to the approval of a final plat for the property, sidewalks shall either be installed, inspected and deemed acceptable by the town, or the owner shall provide a performance bond, letter of credit, certified check, or other security acceptable to the town in the amount of 150% of the cost of construction as a guarantee that the work will be performed. However, in all cases where such sidewalks are required, they shall be installed no later than at the time of the two-year warranty inspection, as provided in § 7 of Appendix B hereto.
      (1)   In conventional developments, sidewalks shall be placed in the right- of-way, parallel to the street located typically three feet from the back of the curb.
      (2)   In commercial and high-density residential developments, the sidewalk may abut the curb.
      (3)   Sidewalks in other developments shall be offset at least three feet from the edge of the curb.
      (4)   When a sidewalk is placed on one side of the street only, it shall be located, if possible, on the side without the water line.
      (5)   Cul-de-sac streets.
         (a)   Sidewalks on one side of the street shall terminate at the base of the radius on a cul-de- sac.
         (b)   No sidewalk shall be required on cul-de-sac streets having less fewer than three lots on one side of the street.
      (6)   In planned developments, the pedestrian system (other than any sidewalks to be owned and maintained by the town) may be located away from the road system to link dwelling units with other dwelling units, the street, activity centers and recreational areas.
      (7)   Pedestrian access requirements shall also apply to private streets, access ways and portions of parking lots that function as streets and thoroughfares.
   (C)   Sidewalk specifications.
      (1)   Sidewalks proposed for ownership and maintenance by the town shall be a minimum of four feet wide and four inches thick, constructed of Class “C” concrete having a 28-day compressive strength of 2,500 psi and meeting all applicable ADA standards.
      (2)   Hiking and bicycle paths.
         (a)   Dimensions, construction specifications, and surface materials of hiking and bicycle paths shall be determined, based upon the number and type of users, and the location and purpose of the path, subject to approval by the Planning Commission during the Sketch Plan review process.
         (b)   Graded areas shall be planted with grass or treated with other suitable ground cover.
   (D)   Plan drawings.
      (1)   The location of all pedestrian access systems shall be drawn to scale and clearly shown on the applicable drawings (either Sketch Plan, construction plans, or site plans) submitted for approval.
      (2)   Dimensions and specifications shall be shown on a typical detail section of the construction plans.
   (E)   Responsibility and maintenance.
      (1)   Concrete-paved sidewalks constructed within the right-of-ways of public streets shall become owned and maintained by the Town, subject to the standard two-year warranty provision.
      (2)   Pedestrian access systems other than concrete paved sidewalks, either constructed inside or outside of the right-of-way on a public street, shall be maintained by the subdivision's local homeowners' association.
      (3)   The construction of the pedestrian access system shall be the responsibility of the developer.
      (4)   Construction verification or guarantees, as described above in division (B), shall be submitted with the Final Plat.
   (F)   Modification.  After review of the applicable Sketch Plan or Preliminary Plat, the Planning Commission may modify any of these requirements:
      (1)   In order to preserve topographical or natural features of the project area;
      (2)   To provide visual interest; or
      (3)   If the applicant requests such modification and can demonstrate that an alternative pedestrian system provides safe and convenient circulation in the spirit of these provisions.
('81 Code, § 155.94)  (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. 95012, passed 4-11-95; Am. Ord. 99012, passed 4-21-99; Am. Ord. 00064, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16) Penalty, see § 155.999