CHAPTER 909
Sidewalks
909.01   Sidewalk construction permit and fee.
909.02   Sidewalk requirements.
909.03   Lowering of grade prohibited; exception.
909.04   Grade, plans, and construction specifications.
909.05   Director of Public Service to supervise construction.
909.06   Plans and construction specifications to be attached to permit.
909.99   Penalty.
   CROSS REFERENCES
   Changing established grade - see Ohio R.C. 727.07
   Sidewalks and gutters - see Ohio R.C. 729.01 et seq.
   Notice to construct or repair - see Ohio R. C. 729.03 et seq.
   Sidewalk obstructions; damage or injury - see GEN. OFF. 521.04
   Duty to repair and clean - see GEN. OFF. 521.06
909.01 SIDEWALK CONSTRUCTION PERMIT AND FEE.
   (a)   No person, firm or corporation shall install or construct public sidewalks on any premises within the City until a permit has been secured from the Building Official. No permit shall be issued until the fee required by this section has been paid.
   (b)   All public or government agencies shall be exempt from the fees for sidewalk permits.
   (c)   The fee for new sidewalk construction shall be two dollars ($2.00) per running foot, with a minimum fee of fifty dollars ($50.00) on residential lots. On all other lots and parcels, the minimum fee shall be seventy-five dollars ($75.00).
   (d)   The fee for replacement of a section of existing sidewalk shall be a flat fee of fifty dollars ($50.00) per lot or parcel of land.
   (e)   Fees received under this chapter shall be credited to Sidewalk Construction Fund.
(Ord. 32-77. Passed 3-14-77; Ord. 31-82. Passed 4-26-82; Ord. 78-89. Passed 6-12-89; Ord. 147-90. Passed 12-10-90; Ord. 67-92. Passed 5-11-92; Ord. 123-04. Passed 12-13-04; Ord. 06-16. Passed 2-8-16; Ord. 16-18. Passed 2-12-18.)
909.02 SIDEWALK REQUIREMENTS.
   (a)   All sidewalks hereafter constructed in any of the streets of the City shall be of material known as portland cement concrete; the sidewalks shall be of the uniform width of four feet (4FT) along all non-arterial streets. The widths of sidewalks along arterial streets shall be as directed by the City Engineer and/or the Director of Public Service.
   (b)   In addition to the requirements of Chapter 1127 of the Subdivision Regulations, sidewalks shall be required for all new development activity requiring major site plan review or residential site plan review along an existing public street that lacks sidewalks. Alternatively, the City Engineer and/or Director of Public Service may require a multi-use trail in such locations that have been designated for a multi-use trail by a land use plan, comprehensive plan or thoroughfare plan.
   (c)   These provisions may be waived by the City Engineer and/or Director of Public Service upon finding that construction of such sidewalks is not in the best interest of the City. The Planning Administrator and Planning Commission shall assist with review of these provisions in accordance with the site plan review process of Chapter 1143.
(Ord. 21-16. Passed 3-28-16.)
909.03 LOWERING OF GRADE PROHIBITED; EXCEPTION.
   No depression or lowering of the level or grade of sidewalks shall be recognized or permitted for the purpose of making or constructing a driveway or entrance to private or public property or premises bounding or abutting on such street from the roadway thereof. However, a variance from this requirement may be granted by Council upon recommendation of the City Engineer or the Director of Public Service.
909.04 GRADES, PLANS, AND CONSTRUCTION SPECIFICATIONS.
   All sidewalks shall be constructed to the specifications indicated on the Standard Construction Drawings of the City. Such drawings shall be approved by the City Engineer and maintained for public inspection by the Director of Public Service.
(Ord. 142. Passed 7-25-38; Ord. 16-18. Passed 2-12-18.)
909.05 DIRECTOR OF PUBLIC SERVICE TO SUPERVISE CONSTRUCTION.
   No person, under any ordinance or resolution of Council, or otherwise, shall proceed to construct or repair any sidewalk in any street of the City, either by private or public contract or agreement until he first has notified the Director of Public Service of his intention to do so, and thereafter the sidewalks shall be constructed or repaired under the supervision and control and to the satisfaction and approval of the Director. The path of new sidewalks shall be staked by a registered engineer and/or surveyor. No person shall be required by public assessment or otherwise to pay the cost and expense of making and constructing such sidewalk until it is accepted and approved by the Director in writing.
(Ord. 87-75. Passed 6-23-75.)
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