(a) Any person signing the application for a permit to build a building or structure of any nature on any lot or land in the City is hereby required to place sidewalks on such lot or land as directed by the proper authority of the City, and the Building Commissioner is hereby directed to refuse final approval of any building or structure until such sidewalks have been installed to the satisfaction of the Building Commissioner.
(b) Upon failure to install sidewalks after thirty days notice has been given, the Director of Public Service shall cause the sidewalks to be installed and the cost thereof assessed against such property by Council certifying the same to the County Auditor for placement for collection on the regular tax duplicate.
(Ord. 83-56. Passed 5-7-56.)
(c) (1) Notwithstanding subsections (a) and (b) hereof, any applicant may request in writing that the Director of Public Service waive the requirements of this section in whole or in part. Upon receipt of such an application, copies shall be forwarded to the City Engineer and the pertinent Ward Councilman for their comments. Following his investigation, the Director shall approve the request, in whole or in part, if he finds that doing so will not be materially detrimental to the public welfare and that one or more of the following conditions exist:
A. The building site is located on a street that has no sidewalks and for which construction of sidewalks is not anticipated in the reasonably foreseeable future.
B. The building site is located on a side of the street that has no sidewalks within 500 feet of the site and for which construction of sidewalks is not anticipated in the reasonably foreseeable future.
C. The building site is located on a street where there are sidewalks, but the building site is the last lot on the street and is otherwise so situated within the neighborhood that the general public would not reasonably be expected to pass the building site on the way to some nearby location, provided, however, that in such case sidewalks shall still be required of a length reasonably necessary to service occupants of the building,
D. The building site is located on a street where there are sidewalks, but exceptional circumstances of terrain, geology or location of the site would render installation of such sidewalks unnecessary to the general public and would cause undue hardship to the applicant.
In approving the request, the Director shall state, in writing, the conditions justifying the waiver and, if the waiver is only a partial waiver, shall clearly identify the area where sidewalks will still be required.
(2) Whenever a request is denied or modified by the Director, the applicant may, within ten days of receipt of the Director's decision, file a written appeal with the Clerk of Council. Council shall act within thirty days to approve, reverse or modify the action of the Director.
(3) A full waiver granted under this subsection (c) shall include the right to waive or rescind any permit fee or bond which would otherwise be required but is no longer necessary.
(4) Any waiver granted under this subsection (c) shall, under no circumstances, constitute a waiver, abrogation or estoppel of the City's right to require sidewalk installation at come future date under changed circumstances.
(5) This subsection (c) shall be deemed operative and applicable to construction or building applications pending on the effective date of this subsection (c).
(Ord. 46-83. Passed 4-4-83.)