(a) Pedestrian concrete walkways (sidewalks) not less than four feet wide may be required
within a residential subdivision, on at least one side of residential and collector
streets, and walkways not less than five feet wide shall be provided within all nonresidential
developments and along all perimeter roadways, for both residential and nonresidential
developments, as set forth in the DCM manual. The commission shall recommend, and
the city council shall determine, if walkways are required at the time of preliminary
plat approval. Walkways shall be constructed within the street right-of-way, one foot
away from the right-of-way line, and at least four feet away from the street curb,
and shall be installed prior to acceptance of the subdivision by the city and prior
to final plat approval, unless surety is provided, as required by this chapter. A
certificate of occupancy will not be issued for any lot within the subdivision until
the required walkways are in place. In certain instances, the city council may, at
its sole discretion, approve placement of the walkway adjacent to the curb provided
that such placement benefits the general public by allowing more space for landscaping,
such as for street trees, screening shrubs, and decorative walls and fences, and provided
that the width is increased to a minimum of five feet of walkway pavement.
(b) The cost and provision of any perimeter walkways, such as along major thoroughfares,
may be escrowed as a part of a developers agreement if approved by the city council.
The city has the right, but not the obligation, to refuse escrow and to require paving
of the walkways if, in its sole opinion, immediate provision of the walkways is necessary
for safe pedestrian circulation or if it would otherwise protect the public health,
safety or welfare.
