§ 58-121. Design and construction standards for development requiring site plan review.

The following design and construction guidelines shall apply to any proposed development or modification of an existing development that must be approved through the site plan review process:

(1)

Sidewalks required. All developments within the city limits that are required to undergo site plan review will be required to design and construct sidewalks parallel to the streets on which the development has frontage. Developments which are located on corner lots will be required to install sidewalks on all their public street frontages. These sidewalks will be constructed from property line to property line.

(2)

General standards.

a.

Design and construction of sidewalks. The design and construction of sidewalks shall conform to the city engineering department standards, this Code, and the Florida Department of Transportation Roadway and Traffic Design Standards, latest edition. Any conflicts in these standards shall be resolved by the city engineer using the following priority: the city Code of Ordinances, the city engineering department standards, and the Florida Department of Transportation Roadway and Traffic Design Standards, latest edition. The specific design and placement of sidewalks may vary depending upon site conditions; however, the final design must be approved by the city engineer or his representative during the site plan review process prior to construction. Sidewalk alignment within the street right-of-way should be smoothly curved to avoid specimen trees with a diameter of 12 inches or greater.

b.

Right-of-way provisions. Sidewalks shall be placed in the right-of-way of the respective streets. If the street's pavement or improvements extend to the limit of the right-of-way, or insufficient space exists to place the sidewalk and to maintain proper separation between vehicular traffic and pedestrian traffic, then the property owner will provide the city additional right-of-way for the sidewalk.

(3)

Coordination with long range construction program. When a development is located along a roadway that is designed for improvements or widening pursuant to section 58-72, sidewalk construction shall not be required in the site plan review process. However, the location of the sidewalk shall be indicated on the plan for the site plan review process. The sidewalk shall be constructed in conjunction with the street improvements or widening as provided in article II, division 3 of this chapter, at which time the property owner shall be assessed as provided in section 58-74.

(4)

Cost and maintenance. The property owner will bear the cost for design and construction of the sidewalk. The city will be responsible for perpetual ownership and maintenance of properly constructed sidewalks within the dedicated city right-of-way.

(5)

Final approval. Sidewalks shall be completed prior to the issuance of a certificate of occupancy and final connection of utilities.

(6)

Enforcement. If the required sidewalks are not constructed, the certificate of occupancy shall not be issued until the sidewalks are properly installed, except where subsection (3) of this section applies.

(7)

Special conditions. At the time the site plan is reviewed, the sidewalk requirement may be waived for placement on that particular site if the city manager or his designee deems it impractical to place a sidewalk along the frontage of the property, including the side frontage if on a corner lot. In such case, the same lineal footage of sidewalk will be placed at another location within the city limits selected by the city manager or his designee.

(8)

Exemptions. At the time of site plan review, the sidewalk requirement may be waived for properties in M-1 light industrial, M-2 medium industrial and M-3 heavy industrial districts if the city manager or his designee deems it impractical to place a sidewalk along the frontage of the property, including the side frontage if on a corner lot, unless the omission of sidewalks will interrupt continuity of the sidewalk system.

(Code 1985, § 7-748; Ord. No. 2008, § 1, 6-21-88; Ord. No. 2110, §§ 1, 2, 9-26-89; Ord. No. 2621, § 1, 6-18-96)