Sec. 23-42. Sidewalks.


(a)   Sidewalks shall be constructed in accordance with Chapter 22 of this Code on both sides of the street in all new plats and subdivisions, provided, however, the city council may waive or modify the requirement of sidewalks pursuant to section 23-48 of this Code, or pursuant to the exemption criteria hereinafter set forth.


(b)    The construction of sidewalks in all new subdivisions, unless waived or exempted as provided herein, shall be completed concurrently with the completion of the construction of the structure or building on the property and no building permit shall be issued without the showing of plans and specifications for such sidewalk.  No certificate of occupancy shall be issued until such sidewalk, unless waived or exempted, is completed.


(c)    From and after this date, no subdivision plat shall be approved by the city council without either the showing of the plan for the construction of sidewalks as provided in this Code or a notation thereon that the property is exempted as set forth below.


(d)    At such time as a subdivision is ninety percent (90%) built out, all sidewalks shall be in place to create a system of interconnected sidewalks.


(e)    Exemption from the above requirements shall be allowed if ALL of the following criteria are met:


(1) Lots are single-family residential;


(2) Subdivision contains three (3) lots or more of the size, areas, etc. set forth herein;


(3)       A minimum of 80% of the lots have frontage of 200 feet or more;


(4)       All lots are three (3) acres or more in area;


(5)       Lots are not utilizing city utilities such as water and sewer;


(6)       There is no abutting sidewalk or trail to any of the lots; and


(7)       Lots are a maximum distance of one-half mile from the extraterritorial jurisdiction boundary at the time of platting, except for subdivision of record meeting (e)(1-6) above, prior to May 16, 2022.  This criteria shall be met if at least ninety percent (90%) of the subdivision lies within one-half mile of the extraterritorial jurisdiction boundary line.


(f)    If all criteria from (e) above are met, an exemption is granted subject to the following requirements:


(1) An agreement with the city shall be signed by the property owner at the time of building permit, whereby the property owner acknowledges the possibility of a future sidewalk district, as described below, and agrees not to remonstrate against said future sidewalk district.  The terms and conditions of the agreement provided for in this section shall require that the agreement be recorded by the register of deeds at the expense of the property owner, and that the agreement shall run with the land and be binding upon the heirs, successors, and assigns of the property owner.


(2) Once there is a sidewalk or trail adjacent to any lot in the subdivision, the city shall design the sidewalk'trail system as to the needs at the time and prepare a sidewalk district for the design, construction, and installation.  The properties in the subdivision will be assessed as provided iin this Code.


Source:  Code 1962, 11-24-6(L); Ord. No. 3780, 1, 4-1-91; Ord. No. 4034, 1, 7-5-94; Ord. No. 5617,  2, 6-3-19; Ord. No. 5781, 1, 5-16-22;