1238.03   SIDEWALKS, CURBS AND GUTTERS.
   (a)   In the Municipality.
      (1)   High-density areas. In any Residential District except an SER Suburban Estate Residential District, sidewalks, curbs and gutters are required on both sides of a right-of- way. In subdivisions to be occupied by multifamily dwellings, sidewalks are required on both sides of the street, unless the Planning Board determines that this requirement is unnecessary because of exceptionally large lots. The lot size and type of improvements in the surrounding area, as well as the size of the proposed subdivision, shall be taken into consideration as they pertain to sidewalk requirements.
      (2)   Low-density areas. In an SER Residential District, where the lot frontages for single- family houses average substantially more than the width set forth in paragraph (a)(1) hereof, curbs and gutters may be required on both sides of a right-of-way.
      (3)   Generally. Council may require sidewalks to be constructed where they are essential to better circulation or as access to schools, playgrounds, shopping centers, transportation depots or other facilities. The lot size and topography of the surrounding area may be taken into consideration as it pertains to the sidewalk requirement.
   (b)   In the Three-Mile Jurisdictional Area.
      (1)   Sidewalks. Sidewalks are required in all single-family areas where the lot frontage averages less than 100 feet per lot. In subdivisions to be occupied by multifamily dwellings, sidewalks are required on both sides of a street unless the appropriately designated authority determines that such a requirement is unnecessary because of low-density development. The type of improvements in the surrounding area, as well as the size of the proposed subdivision, shall be taken into consideration as they pertain to sidewalk requirements. Where curbs and gutters are required, but sidewalks are not, a right-of-way shall be graded to allow construction of sidewalks at a later date.
      (2)   Curbs and gutters. Curbs and gutters are required in all new subdivisions. However, where existing public roads are utilized, curb and gutter requirements may be waived if, in the opinion of the Commission, curbs and gutters are not necessary. The lot size and type of improvements in the surrounding area, as well as the size of the proposed subdivision, shall be taken into consideration as they pertain to curb and gutter requirements.
(Ord. 83-32. Passed 8-15-83.)