Ord 473-Sidewalks

Brown County

Ord. 473

Sidewalks

ORDINANCE NO. 18-01-01/473

AN ORDINANCE AMENDING THE ABERDEEN CITY CODE

REGARDING REQUIRED SIDEWALKS  

WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and

WHEREAS, pursuant to Aberdeen City Code, Sec. 48-217, the Joint City/County Planning Commission held a public hearing on October 17, 2017, upon notice properly given, to study and report on the proposed amendment to the Subdivision ordinance at Sec. 48-127 (filed as Proposed Ordinance No. 17-10-01), and the planning commission thereafter approved and recommended adoption of the amendment by the City Council; and 

WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, and property of its citizens.

BE IT ORDAINED BY THE COUNTY OF BROWN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:

1. Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article III, shall be amended as follows:

Sec. 46-127. – Sidewalks required on adjoining right-of-way.

Upon real estate within the city limits where sidewalks do not exist upon the public right-of-way immediately adjacent to the real estate:

(1) New residential and commercial construction. Any owner of such real estate upon which is to be built a new residence or new commercial construction shall have constructed within 12 months after the issuing of the building permit for such construction sidewalks meeting the specifications contained in section 48-127(5). All other new residential and all new commercial construction must have such sidewalks that conform to section 48-127(5) prior to being issued a certificate of occupancy.

(2) Replatted lots. Any owner of such real estate of which any portion was replatted after February 9, 2018, shall have constructed within 5 years of the date the plat is filed for record with the register of deeds sidewalks adjacent to lots and unimproved public rights-of-way meeting the specifications contained in section 48-127(5).  Every plat of real estate subject to this provision shall be approved by city officials after determining compliance with the subdivision regulation regarding sidewalks adjoining approved public streets. 

(3) Missing links.   Notwithstanding the provisions of subsection (2), where sidewalks exist upon the right-of-way immediately adjacent to a lot which abuts real estate without sidewalks, the city council, upon a finding of public convenience and necessity and notice to construct sidewalks, may require any owner of such real estate to have constructed within the time designated in the notice sidewalks meeting the specifications contained in section 48-127(5).  A finding of public convenience and necessity shall take into consideration patterns of use or potential use of the right-of-way by pedestrians and vehicles, the proximity of the right-of-way to schools, churches, public facilities, and arterial streets, and any other factors deemed relevant by the city council.

(4) Assessment of costs.  The city may cause the construction of a sidewalk if any owner fails to construct the sidewalk as required in this article and assess the costs therefor as provided under SDCL ch. 9-46.

State Law reference –  Notice to adjoining owners to construct sidewalks, SDCL 9-46-3; owner’s certification of plat, SDCL 11-3-4; approval of plat by municipality, SDCL 11-3-6; assessments for sidewalk improvements, SDCL ch. 9-46.

Sec. 46-128. - Extensions or exemptions to construct sidewalks.

(a) Any owner of real estate subject to section 46-127 may apply to the city engineer for an extension of time in which to construct such sidewalk beyond the time required in section 46-127; provided that no extension may be granted for any length of time greater than an additional 12 months, and provided that such owner submits a suitable bond as security for the construction of such sidewalk. 

(b) Any owner of real estate subject to section 46-127 may apply to the city council for an exemption from section 46-127, or for a longer extension of time; provided that there does not exist at the time of construction, or will not exist within 12 months after construction, curb and gutter on the public right-of-way immediately adjacent to the lot upon which such construction is to be conducted. However, notwithstanding the grant of an exemption or extension herein, the city council, upon a later finding of public convenience and necessity and notice to construct sidewalks, may require any owner of real estate to have constructed within the time designated in the notice sidewalks meeting the specifications contained in section 48-127(5).  

2. Sec. 48-127 of Chapter 48 – SUBDIVISIONS shall be amended as follows:

Sec. 48-127. - Approved public streets. 

Public streets shall be constructed in strict accordance with the applicable Standard Specifications for Roads and Bridges, South Dakota Department of Highway, 1969 edition, supplemental specifications thereto, and/or any special provisions related to the particular project involved. All street construction work involving public street improvements shall be subject to the approval of the city council, public works director/city engineer and city plan commission. 

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(5) Sidewalks. Sidewalks shall be provided as set forth in chapter 46, article III of this Code. Sidewalks also may be provided where considered desirable by the planning and zoning commission for protection of the public, such as in the vicinity of schools, churches, recreation areas, and commercial development. All sidewalks shall have a minimum width of four feet and shall be constructed under the supervision of, and subject to the approval of, the public works director/city engineer and in accordance with standard specifications of the city. No sidewalk shall be located closer than three feet to either the edge of pavement or curbline of any street unless otherwise approved by the public works director/city engineer. 

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Notice of Hearing Published: December 17, 2017

Passed First Reading: January 8, 2018

Passed Second Reading:  January 16, 2018

Adopted: January 16, 2018

Published: January 24, 2018

Effective Date: February 9, 2018

Doug Fjeldheim, Commission Chair

ATTEST:

Maxine Fischer, Auditor

Published once at the total approximate cost of $65.97. 15319