Eligibility and application process.
Hattiesburg Code of Ordinances § 46-235
in effectSec. 46-235. - Eligibility and application process.
(a) Eligibility for participation. Developers may apply for the alternative compliance option through the sidewalk bank program when:
(1) The site for development is located in an area where on-site sidewalk construction is deemed unnecessary based on surrounding land uses, pedestrian traffic patterns, or existing infrastructure;
(2) On-site sidewalk construction is impractical due to topographic, environmental, or physical constraints.
(b) Areas eligible for administrative approval.
(1) The section of the US Highway 49 corridor north of its intersection with Interstate-59.
(2) The section of the US Highway 49 corridor south of Old Airport Road.
(3) Highway 98/Hardy Street corridor west of its intersection with Interstate 59.
(4) The section of the US Highway 98 corridor that follows the southernmost boundary of the city limits that has intersections with Elks Lake Road, US Highway 49, and W. L. Runnels Drive.
a. See exhibit A of this section providing a map of the areas eligible for administrative approval. Only properties directly abutting these corridors would be eligible.
(5) Any property zoned industrial that is bound by industrially zoned properties on either side of the proposed development along the same corridor
(6) Any property zoned agricultural that is bound by agriculturally zoned properties on either side of the proposed development along the same corridor
(7) Any property annexed into the City of Hattiesburg after the effective date of this article.
(c) [Eligibility.] All other areas are eligible to participate in the sidewalk bank program by legislative approval, following the same procedures as a conditional use, as outlined in section 12 of the Land Development Code, Ord. No. 3209, as amended:
(d) Retroactive clause. Any development that has been approved by the site and design review committee and building permits have been issued but has not yet received a certificate of zoning compliance may participate in the sidewalk bank fee-in-lieu program upon request by the developer, following all other provisions of this article.
(e) Application and approval. To participate in the program, the developer must apply to the department of urban development, providing details of the proposed development and reasons for opting into the sidewalk bank program. Approval is subject to the site and design review committee and administration's review and determination that participation aligns with the city's pedestrian infrastructure goals as outlined in the Pathways Master Plan.
(1) All requests must meet the eligibility for participation.
(2) For projects not within the areas eligible for administrative approval, applicants will be required to submit a public hearing application following the requirements of a conditional use request.
(f) Fee-in-lieu contribution. Developers approved to participate in the program shall make a contribution to the sidewalk bank fund in an amount calculated as follows:
(1) The fee shall be based on a per-linear-foot cost of sidewalk construction for the proposed site as determined by the city's most recent cost estimates.
(2) The contribution amount will be reviewed and adjusted annually by the department of engineering and transportation based on current market rates.
a. Alternatively, developers opting for a fee-in-lieu of sidewalk construction may submit three itemized cost estimates from licensed contractors qualified in sidewalk or public infrastructure construction, following the city's standard scope of work. The city will review and select either the average of the estimates as the fee-in-lieu amount, subject to verification and adherence to current market conditions. Estimates must be obtained within 45 days of submission and reflect comparable project requirements as established by the city.
b. An application fee of $250.00 is also required for staff time and processing.
(Ord. No. 3369, § 5, 2-18-2025; Ord. No. 3372, § 5, 3-4-2025)
Source: City of Hattiesburg, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/hattiesburg/codes/code_of_ordinances?nodeId=COOR_CH46STSIOTPUPL_ARTVIISIBAPR_S46-235ELAPPRFetched: 11/1/2026