13.04.045 - Sidewalks in new development.
A. Where required. Sidewalks shall be required within all public and private street rights-of-way within new development as follows:
1. Local Residential Streets.
a. Sidewalks shall be required on all local residential street classifications, except on:
i. Mountain residential streets within the mountain development area and within an approved subdivision; or
ii. Alleys within an approved subdivision; or
iii. Local residential streets within an approved subdivision where all the lots provide a minimum one-half acre lot area, and the adjoining properties have no sidewalks; or
iv. Local residential streets within an approved subdivision where a determination has been made by the director of the city development department that the sidewalks will impede drainage; or
v. Local residential streets within an approved subdivision where a street construction project, whether local, state or federal, has been awarded and the project includes construction of the sidewalks; or
vi. Local residential streets within an approved subdivision which meet all of the following criteria as determined by the city plan commission:
(A) A characteristic of the neighborhood is that no sidewalks have been required to date, and
(B) The subdivision adjoins or lies within a neighborhood in which buildings or structures have been constructed on at least fifty percent of the lots within the neighborhood, and
(C) The type of subdivision and intensity of land use is compatible with the character of the neighborhood; or
vii. Reserved.
viii. Local residential streets within an approved planned unit development where pedestrian access is provided within the approved subdivision through an alternative sidewalk design not installed within the street right-of-way.
b. Where required, sidewalks shall be installed on both sides of the local residential street right-of-way and shall be located adjacent to the property line and parallel to the curbline.
c. Required sidewalks may be located adjacent to and parallel with the curbline only under the following circumstances:
i. On the turnaround portion of a cul-de-sac street; or
ii. On the rear side of a double-front lot when all of the following apply:
(A) The subdivision design provides for single-loaded streets, and
(B) Both street frontages are local residential streets, and
(C) The sidewalk is flared to a minimum width of seven feet along the curb radius at a street intersection, and
(D) The sidewalk is wide enough to provide a minimum clear width of three feet at encroachments, including street lights, traffic signs, neighborhood delivery collection box units, utility installations, or other facilities; or
iii. On a local residential street where an existing sidewalk on an adjoining property is located adjacent to and parallel to the curbline, and the city plan commission determines that a public benefit would result from permitting the new sidewalk to be similarly designed and constructed.
d. Where a sidewalk is installed adjacent to the curbline, it shall be allowed to meander between the property line and the curbline to avoid encroachments, such as street lights, traffic signs, neighborhood delivery collection box units, utility installations or other facilities.
2. Arterial Streets.
a. Sidewalks shall be required on all arterial street classifications, except on arterial streets which meet the following criteria as determined by the city plan commission:
i. Arterial streets within an approved subdivision where a street construction project, whether local, state or federal, has been awarded and the project includes construction of the sidewalks; or
ii. Arterial streets within an approved subdivision that is on property zoned C-4, M-1, M-2, M-3 or P-I, and all of the following apply:
(A) No sidewalks exist on the adjoining properties, and
(B) A determination is made by the city plan commission that the development is within an area in which there is no foreseeable need to provide sidewalks for pedestrian traffic, or
iii. Arterial streets within an approved subdivision that is on property zoned C-4, M-1, M-2, M-3 or P-I, and all of the following apply:
(A) The total arterial street right-of-way width is seventy feet or less, and
(B) The arterial street provides access to only one development, and functions as internal circulation within the development, or
iv. Arterial streets where the location of sidewalks would be so unsafe for pedestrians that the risk to the public outweighs the benefits to the public; or
v. Arterial streets where the installation of sidewalks is expressly prohibited by ordinance.
b. Where required, sidewalks shall be installed on both sides of the arterial street right-of-way and shall be located adjacent to the property line and parallel to the curbline. A sidewalk shall be allowed to meander between the curbline and the property line to avoid encroachments, such as street lights, traffic signs, neighborhood delivery collection box units, utility installations, or other facilities.
c. Required sidewalks may be located adjacent to and parallel with the curbline when all of the following apply:
i. The sidewalk is a minimum of seven feet wide; and ii. The sidewalk is wide enough to provide a minimum clear width of three feet at encroachments, including street lights, traffic signs, traffic control devices, utility installations, or other facilities.
B. Sidewalk Construction.
1. Local Residential Streets. Sidewalks required within an approved subdivision shall be installed as soon as reasonably possible after the first building permit is issued for each lot, or portion thereof, within the subdivision. The property owner of the lot, or portion thereof, for which a building permit has been issued shall be responsible for construction of the sidewalk. No certificate of occupancy shall be issued until the sidewalk has been inspected and approved by the director of the city development department or his designee
2. Arterial Streets.
a. Where sidewalks are required within an approved subdivision, the construction may be deferred until ordered by the city as provided in Section 13.04.040. The city plan commission may, as part of the subdivision approval, approve a deferral of the construction of sidewalks when the arterial street is designed to serve residential double-front lots; and the residential double-front lots are provided primary access through a fully improved local residential street; and the arterial street for which a sidewalk deferral is to be authorized provides frontage to the rear side of the residential double-front lots; and the improvement of the arterial street is delayed due to a partial dedication of the arterial street right-of-way within the approved subdivision.
b. Sidewalks required within an approved subdivision shall be installed as soon as reasonably possible, after the first building permit is issued for each lot, or portion thereof, within the subdivision; except where a sidewalk deferral was approved by the city plan commission as part of the subdivision approval. The property owner of the lot, or portion thereof, for which a building permit has been issued shall be responsible for construction of the sidewalk. No certificate of occupancy shall be issued until the sidewalk has been inspected and approved by the director of the city development department or his designee.
c. Where a sidewalk deferral is approved by the city plan commission as part of an approved subdivision, the property owner of the lot, or portion thereof, for which the deferral was granted, shall be required to deposit the funds necessary to pay the cost for the future installation of the sidewalk by the city or an agent of the city.
i. The amount of the deposit shall be the future value of the sidewalk construction, determined as follows: Three dollars and thirty cents per square foot factored for ten years at an inflation rate of five percent, multiplied by the total lot frontage on the street, multiplied by the width of the sidewalk.
ii. The funds shall be deposited in full with the city prior to the issuance of any building permit. A deposit made pursuant to this subsection shall be tendered in the form of a cash payment, or cashier's check made payable to the City of El Paso. Funds received shall be reserved for sidewalk construction with reference to the individual subdivision involved.
iii. After having deposited funds with the city in accordance with this provision, the owner of the property for which the funds were deposited may at any time, but not more often than once in any twelve-month period, request the city council to determine whether it has become practical for the city to install the sidewalks. From the date of receipt of such a request, the city council shall have ninety days to render its determination. If the city council fails to do so, it shall be deemed practical for the city to install the sidewalk. Construction of a deferred sidewalk within a subdivision shall be completed within one year from the date the city council, after having obtained recommendations from the city manager or designee and the city plan commission, determines that it is practical for the city to install the sidewalks. The recommendation shall include an opinion from the city attorney as to whether the city has the legal authority to install the sidewalks under the circumstances. The term "practical," as used in this subsection, does not include consideration of whether the city has funds available to supplement the cost of installing the sidewalks. If it is determined by the city council that it is practical to install the sidewalks, and if the deferred sidewalk is not installed by the city as herein required, the property owner who deposited the funds shall, upon written request, be entitled to a full refund of monies paid within thirty days of receipt by the city of the request for the refund.
(Ord. 16982 § 3 (part), 2008; Ord. 13956 §§ 13, 14, 15, 1999; Ord. 13152 § 107, 1997; Ord. 12835 § 1, 1996: Ord. 12248 (part), 1995: Ord. 10600 § 4, 1991) (Ord. No. 17391, § 3, 8-24-2010, eff. 9-1-2010; Ord. No. 17741, § 1, 3-6-2012; Ord. No. 17803, § 2, 6-5-2012, eff. 6-11-2012)
