(A) Unless designated as a “no build” area in the comprehensive sidewalk policy, construction of a sidewalk, or payment of a fee in lieu of the construction as provided herein, shall be required for the construction of any new building or any addition to an existing building that increases the square footage of the building by greater than 50%. Except as provided in this section, sidewalks shall be constructed whenever 30% or more of the total number of lots on the block fronting upon the same street side within that property’s subdivision or development have sidewalks. For purposes of this section, BLOCK is defined as a geographic area within the city enclosed by streets or by a combination of streets, or by other demarcations, including, but not limited to, public parks, cemeteries, subdivision boundaries and railroad rights-of-way. Where there are cul-de-sacs, a block shall include all lots having an address facing the cul-de-sac and bounded by the next cross street. When required as provided herein, sidewalks shall be constructed upon the public street or streets adjacent to the land described in the building permit application, according to the specifications required by the city applicable thereto. The location of the sidewalk shall be subject to approval by the City Engineer or his or her designee.
(B) Except as provided in this section, whenever construction of a sidewalk is not required, in whole or part, a fee in lieu of construction of sidewalks shall be paid. The fee shall be established by the City Engineer based upon estimated cost of construction of the sidewalk at the time of permit issuance. This fee shall be paid before permit issuance. Fees paid shall be utilized as authorized by the City Council for construction and maintenance of sidewalks, bike paths and other non-motorized vehicle paths within the city.
(C) The City Engineer may direct that a sidewalk be constructed for any property described in division (A) of this section whenever the City Engineer determines that the sidewalk is needed to connect other existing sidewalk segments, or is otherwise necessary pursuant to the city’s sidewalk plans for the affected area. In that case, no fee in lieu of construction shall be required to the extent sidewalks are constructed. The City Engineer may direct that a sidewalk not be constructed for any property described in division (A) of this section whenever the City Engineer determines that the sidewalk is not needed to connect other existing sidewalk segments, or is otherwise contrary to the city’s sidewalk plans for the affected area. In such case, a fee in lieu of construction shall be required to the extent sidewalks are not constructed.
(Ord. 2008-02-0158O, passed 3-11-2008)