§ 6.1.3. Sidewalks.

(A)

Principles of design. The primary purpose of sidewalks is to provide a safe place for pedestrian travel. Generally sidewalks are required along both sides of all streets.

(B)

Sidewalk design requirements.

(1)

Widths. [Amd. Ord. 08-10 4/20/10]

(a)

Low density residential areas: five feet

(b)

Medium and high density residential areas: five feet to eight feet

(c)

Commercial areas: five feet to ten feet

(d)

Atlantic Ave. between I-95 and SR A1A: ten feet

(e)

US 1 between SE 2nd St. and NE 2nd St.: ten feet

(f)

Central Business District: eight feet

(g)

Other areas: five feet

(h)

Areas that are on County, State or Federal maintained rights-of-way shall meet the requirements above or those of the governing agency, whichever are greater.

(2)

Location. Sidewalks shall be constructed within the street right-of-way (or easement or tract) and shall be constructed adjacent to the right-of-way (easement or tract) line.

(3)

Separation. A strip of grass, or landscape area, of a least two feet in width shall separate sidewalks from the street pavement or curb section, as applicable.

(C)

Sidewalk construction requirements.

(1)

Sidewalks shall be constructed with concrete; however, when the sidewalk is to function both as a pedestrian way and a bicycle pathway it may have concrete or asphalt as its finished surface.

(2)

Concrete sidewalks, which are located in driveways, shall have a minimum depth of six inches, and shall be constructed of Class I concrete with a minimum strength of 3,000 p.s.i. [Amd. Ord. 30-01 5/15/01]; [Amd. Ord. 5-98 1/20/98]

(3)

Sidewalks shall be constructed through all driveways. [Amd. Ord. 21-15 10/20/2015]

(4)

Sidewalks shall be constructed prior to the issuance of a certificate of occupancy for the property upon which they abut. However, within a residential subdivision, sidewalks are not required to be constructed adjacent to unimproved lots until the issuance of the final certificate of occupancy for the subdivision. [Amd. Ord. 21-15 10/20/2015]

(5)

Sidewalks shall be constructed in accordance with Section 6.1.3(B) for the following development applications:

(a)

All non-residential developments.

(b)

New Master Plan Developments.

(c)

New residential developments.

(d)

New infill/replacement residential dwelling units.

(e)

Renovations that are equal to or greater than 50 percent of the gross square footage of the existing principal residential dwelling unit.

(f)

Additions or new accessory structures that are equal to or greater than 25 percent of the gross square footage of the existing principal residential dwelling unit. [Amd. Ord. 21-15 10/20/2015]

(D)

Relief from sidewalk installation.

(1)

Alternative pedestrian system. For a new residential or mixed-use Master Development Plan (MDP), the Planning and Zoning Board or the Historic Preservation Board if located within a Historic District, upon recommendation from the Development Services Management Group, may approve an alternative pedestrian system as a substitute for providing sidewalks parallel to the street(s) within the proposed MDP. If the proposed alternative pedestrian system is located outside of the right-of-way, the property owner shall grant to the City a perpetual access easement for the use of the alternative pedestrian system by the residents of the development and by the general public. The owner shall be responsible for recording the easement deed. [Amd. Ord. 21-15 10/20/2015]

(2)

Payment in lieu of installation .

(a)

The sidewalk requirements for development applications as described in Section 6.1.3(C)(5) may be met by payment of an in-lieu fee sufficient to install a sidewalk of similar size. A request to make an in-lieu fee payment must be made to the City Engineer, who shall approve the request upon a determination that, in his or her sole discretion, the request is consistent with the City's sidewalk policy. [Amd. Ord. 21-15 10/20/2015]

(b)

The calculation of the in-lieu fee shall be based on the construction cost of the entire required sidewalk for the property, as approved by the City Engineer. [Amd. Ord. 21-15 10/20/2015]

(c)

The unit cost per square foot that forms the basis of the calculation of the in-lieu fee shall be established by the City Engineer and adjusted on an annual basis according to the City's average construction costs for public sidewalks. [Amd. Ord. 21-15 10/20/2015]

(d)

The fees collected by the City shall be specifically identified and maintained as a separate account within the City's General Fund and may only be used by the City for the construction of public sidewalks, anywhere within the City, in furtherance of the City's sidewalk policy. [Amd. Ord. 21 15 10/20/2015] [Amd. Ord. 21-15 10/20/2015]