Prior to the adoption of Ord. 17111 on 12/03/2001, Section 25-48.1 read as follows.

    (a) Sidewalks shall be constructed within all pedestrian easements and on both sides of all internal streets and on the abutting side of any adjacent street unless otherwise specified in this chapter.  Sidewalks shall be a minimum of five (5) feet in width or they may be four (4) feet in width when located along a local residential street that does not adjoin an existing or proposed park, school, church or other high pedestrian traffic generating use.

    (b) The city council may require a sidewalk to be constructed to standards higher than the minimum standards of this chapter; provided, that the city compensate the property owner for the additional cost of constructing the sidewalk.

    (c) A request for a variance to any sidewalk requirement or standard may be filed in accordance with the provisions of Sec. 25-20.  A variance to the requirement to construct a sidewalk may be conditioned on the property owner  paying the city an amount equivalent to the cost of construction of a standard sidewalk; provided however, where an alternate walkway system is approved as a substitute for conventional standard sidewalks, no payment shall be required.  The Each payments collected shall be used solely to construct or improve a sidewalks within the city.  or other pedestrian infrastructure improvement that benefits the property for which the payment was collected.  In cases where no equivalent payment has been made or no alternate walkway system has been approved, the grant of a variance to the requirement that a sidewalk be constructed shall not affect the power of the city council to later install a sidewalk adjacent to the property and levy a special assessment against the property for construction of the sidewalk.

    (d) Sidewalks shall be constructed to comply with the standards contained herein and with the city design standards and specifications established by the director of public works or adopted by the council.  Sidewalks shall be installed prior to issuance of a certificate of occupancy for the subject property unless otherwise specified as a note on the plat or in a performance contract between the developer and the city.

    (e) This section shall not apply to any subdivision that received final plat approval before January 1, 2001.

(Ord. No. 16715, § 1, 12-18-00)