§ 86-10. Sidewalks—Required; location; standards; waiver.

(a)

The owner of any nonresidentially zoned property which is platted after the effective date of this section [April 10, 1995] shall install sidewalks along the entire length of the property abutting any street within the city at the time the property is developed. The design and construction details for the sidewalks shall be included in the construction plans for infrastructure improvements required to be submitted in conjunction with final platting.

(b)

The owner of any residentially zoned property which is subdivided into two or more lots after the effective date of this section shall install sidewalks along the entire length of the property abutting any street within the city at the time the property is developed. The design and construction details for the sidewalks shall be included in the construction plans for infrastructure improvements required to be submitted in conjunction with final platting.

(c)

Sidewalks shall be located within one foot of the right-of-way/property line and extend a minimum of four feet in width. Sidewalks shall be constructed in accordance with the Street and Drainage Standard Details of the City of Haltom City, the requirements of the Americans With Disabilities Act (ADA) and any other applicable federal, state or local regulations or laws.

(d)

Sidewalks shall not be required to be installed on any property platted prior to the effective date of this section unless:

(1)

The property is nonresidentially zoned;

(2)

An application for a building permit to make improvements to the property is filed with the city after the effective date of this section;

(3)

The cost of the improvements is in excess of 50 percent of the fair market value of the property.

(e)

The requirements of this section, where applicable, shall apply to all properties within the City of Haltom City whether the abutting street is located within the city limits of Haltom City or any other city. Further, the requirements of this section, where applicable, shall apply to the construction of sidewalks within street rights-of-way within the city limits of Haltom City even though the adjacent property may be located within the city limits of another city.

(f)

Payment in lieu of construction.

(1)

In instances where it is determined that the public would not be served by the installation of sidewalks on the subject property, the city council shall have the right to accept, in its sole discretion, the payment of cash in lieu thereof in the amount of $10.00 per linear foot of sidewalk length that would otherwise be required to be installed. Said amount shall be reviewed by the city council annually during the budget adoption process.

(2)

There is hereby established a special fund for the deposit of all sums paid in lieu of sidewalk installation under this section. This fund shall be known as the "safe pathways program" fund. The safe pathways program shall serve to enhance the safety and convenience of pedestrians through the installation of sidewalks that serve a higher number of pedestrians on more heavily traveled streets or where children typically walk to schools, parks and community centers. Monies placed in this fund may not be utilized for any other general business activity of the city. All expenditures from this fund shall be approved by the city council.

(3)

All funds accumulated through the payment of cash in lieu of sidewalk installation shall be identified as being attributable to the subdivision where the subject property is located, and shall be so designated in the safe pathways program fund. Such funds shall be expended only for sidewalk installation within the subdivision from which received, with the following exception:

When the city council determines that existing conditions preclude the effective installation of sidewalks, such as a lack of undeveloped sites, the funds collected from one subdivision may be expended within two miles of the subdivision.

(4)

The city shall account for all sums paid in lieu of sidewalk installation pursuant to this section with reference to the individual plats involved. Any funds paid for such purposes must be expended by the city within ten years from the date received by the city. Such funds shall be considered to be spent on a first in, first out basis. If not so expended, the subdivider, the owner of the subdivision, or the owner of the subject property ("owner") on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a linear foot basis. The owner must request such refund within one year of entitlement, in writing, or such right shall be forfeited.

(5)

Any individual organization or entity desiring to make a contribution to the safe pathways program may contribute funds to be placed in this account and may designate a subdivision within which such funds must be expended. Once funds have been placed in this specific account, they are bound by the restrictions set forth in this section.

(Code 1973, § 18-11; Ord. No. O-95-011-13, § 1, 4-10-95; Ord. No. O-2003-011-15, § 1, 7-14-03)