(A) 
Requirement.
Sidewalks shall be required on both sides of all streets within new subdivisions and on the subdivision side of all streets which are adjacent to or which abut the subdivision being developed.
(B) 
Design & Construction.
The width, design and construction of all sidewalks shall comply with the City’s Technical Standards.
(C) 
Location.
The sidewalk shall be located between the street curb or pavement edge and the right-of-way line. The standard placement of sidewalks shall be one foot from the right-of-way line, but may be varied with the written approval of the Director of Engineering, provided the sidewalk remains within a street right-of-way or within platted pedestrian easements adjacent to street rights-of-way. Rights-of-way or platted pedestrian easements shall be provided throughout the radius of all cul-de-sac or flared streets to allow the construction of sidewalks a uniform distance from the street curb for the entire extent of the street.
(D) 
Construction Prior to Letter of Final Acceptance.
The following sidewalks shall be constructed prior to the issuance of a Letter of Final Acceptance (refer to Article 6, Division 4, Section 3.111 of this Chapter 3) of the subdivision:
(1) 
Along all streets (including the subdivision side of boundary streets) upon which no lot abuts or which are or will be separated from the subdivision by a screening wall; and
(2) 
Along any other portions of streets (including the subdivision side of boundary streets) which do not or will not abut the front or side of a buildable lot.
(E) 
Permit for Construction.
Application for permits to construct sidewalks in a subdivision shall be made to the City Building Inspection Department if installation of a sidewalk(s) is not included as part of the Site Engineering Drawings for a development (or redevelopment) project. All sidewalks shall be constructed in accordance with this Division 13 and other applicable provisions of this GDC. The fee for this permit is set forth in Article 3 of Chapter 1 of this GDC.
(F) 
Waiver or Alteration by Plan Commission.
(1) 
Sidewalk requirements may be waived or altered as a Development Variance (see Article 1, Division 4 in Chapter 5 of this GDC) by the Plan Commission for any of the following reasons:
(a) 
The terrain makes construction of sidewalks impractical.
(b) 
The sidewalk or portion thereof would serve no useful purpose at the time of building construction.
(c) 
The cost of construction is prohibitive when compared with the benefits to the immediate neighborhood.
(2) 
In each instance where a request to waive a sidewalk is approved by the Plan Commission, the applicant securing such approval shall pay to the City a sidewalk improvement fee in an amount equal to the estimated cost of constructing a standard width sidewalk on straight and level terrain, equal to the linear footage waived. For single or two family residential lots with large amounts of frontage, the maximum amount of the sidewalk improvement fee shall be based upon the lot width prescribed by the lot’s zoning district. The estimate of cost shall be determined by the Director of Engineering, and that estimate shall be made available to the applicant.
(3) 
The amount shall be rendered to the Director of Engineering, placed by the City in a fund designated “Street Improvement Fund,” prior to the issuance of a Site Permit, and shall be specifically used for the construction of the sidewalk waived.
(4) 
On the request of an owner of the property on which a sidewalk improvement fee has been paid into the Street Improvement Fund, the City shall refund the sidewalk improvement fee if the City has failed to commence construction within two years or service is not available within a reasonable period considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of payment.
(5) 
Escrow amounts, or portions of escrowed amounts, which have been placed with the City and which have been held for a period of ten years from the date of such payment or agreement shall be returned to the record property owner at the time the refund is paid.
(6) 
Any refund shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Section 395.025 of the Texas Local Government Code, as amended.
(7) 
Notwithstanding any provision contained herein to the contrary, if the sidewalk improvement fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity.
(8) 
A refund of escrow amounts does not remove any obligations of the property owner for construction of the required facilities if a Site Permit has not been issued on the subject lot or if application for a new Site Permit is made.
(Ordinance 6773 adopted 5/19/15; Ordinance 7055, sec. 31, adopted 5/7/19; Ordinance 7107, sec. 50, adopted 12/3/19)