§ 23-64. Sidewalks.

(a)

Concrete sidewalks shall be required to be constructed in all residential, commercial, industrial, public and multi-family subdivision sites. Sidewalks shall have a minimum width of four (4) feet and a minimum thickness of four (4) inches and shall be required to be placed adjacent and/or contiguous to the property line within the streets right-of-way. Sidewalks shall be required on the subdivision side of adjacent or perimeter streets and on both sides of interior streets.

(b)

All sidewalks shall be constructed with ramps for the handicapped constructed at street corners.

(c)

Exceptions. The following are excepted from these requirements pertaining to sidewalks:

(1)

Sidewalks are not required along those streets in an industrial park, where:

a.

The industrial park is not adjacent to an R (residential) District or within two hundred (200) feet thereof; or

b.

The streets in the industrial park are not the most direct pedestrian route from a residential area to a school, park, shopping area, other public facilities, or other residential area. The director of planning will consider every residential area, planned and/or proposed, and all existing and/or proposed streets leading into the proposed industrial park subdivision.

(d)

The planning commission may waive the requirement for sidewalks in any of the following situations or circumstances:

(1)

Where construction of a sidewalk by a subdivider on either or both sides of a street or a portion of a street would be either unnecessary or unsafe due to the particular physical characteristics of the terrain in the subdivision, the safety and necessity of which shall be determined by the planning commission; however, such waiver may only be granted if the commission determines that either sound engineering or safety considerations dictate that a sidewalk should not be constructed, for example, where a proposed sidewalk would cross an arroyo, creek or steep embankment; or

(2)

Where a proposed sidewalk would be located adjacent to a utility easement and the land adjacent to such easement is unusable for development because of the nature of such easement, for example, a natural gas or electric utility easement or a railroad right-of-way or where a proposed sidewalk would be located adjacent to an easement and the land on the other side of the easement is of insufficient depth to allow future development on that side, provided that in either event that there is, or will be, a sidewalk on the side of the road opposite the easement; or

(3)

Where a residential subdivision has double-frontage lots and the rear lots abut a collector or arterial street, a sidewalk on the side of such collector or arterial street on which the rear lot lines abut, does not have to be constructed, provided that a sidewalk is or will be, constructed on the other side of such collector or arterial street; [or]

(4)

When the lot size in a new residential subdivision is equal to or exceeds twenty-two thousand (22,000) square feet in area.

(e)

The provisions of this section shall apply to all subdivisions within the city limits and all subdivisions outside the city limits. For subdivisions outside the city limits, a guarantee of performance for sidewalks as set out in section 23-40 of this chapter shall be furnished prior to plat approval. For subdivisions inside the city limits, sidewalks shall be required as a condition at the time the building permits are obtained and no guaranty of performance shall be required as set out in section 23-40 of this chapter. However, inside the city limits, all sidewalks must be in place within eighteen (18) months after plat recordation and it shall be the responsibility of the subdivider to see that this deadline is met. If the sidewalks are not in place within eighteen (18) months after recordation, the subdivider of the property will be assessed the full cost of constructing the sidewalks plus one hundred dollars ($100.00) per month for each month beyond the eighteen (18) month period during which said construction remained uncompleted.

(Ord. No. 05-22, § 1, 8-2-2005)