Chapter 12.28


12.28.010    Maps adopted.

12.28.020    Sidewalk required – Exception.

12.28.025    Deferral of construction authorized.

12.28.030    Construction standards.

12.28.040    Methods of compliance.

12.28.050    Appeal to council, court.

12.28.010 Maps adopted.

The nonmotorized system plan maps in the Island-Wide Transportation Plan, adopted by reference in the city’s comprehensive plan, designate nonmotorized facilities for city streets. Those nonmotorized system plan maps are adopted by reference herein as the city’s nonmotorized system plan. (Ord. 2017-05 § 2, 2017: Ord. 84-20 § 1, 1984)

12.28.020 Sidewalk required – Exception.

All projects requiring a building permit and located on property abutting any proposed sidewalk shall provide sidewalks and curbs along the street front in accordance with the Island-Wide Transportation Plan, including the nonmotorized system plan maps included in that plan. Such sidewalk construction shall meet the approval of the city engineer and shall provide appropriate curb crossings for vehicular ingress and egress; provided, that this section shall not apply to minor remodeling or repair which does not increase the size or the area of structure. (Ord. 2017-05 § 3, 2017: Ord. 93-23 § 2, 1993: Ord. 84-20 § 2, 1984)

12.28.025 Deferral of construction authorized.

Installation of any of the improvements herein required may be deferred if the land use administrator determines that the abutting street grade cannot be established at the time of proposed construction or that existing curb and sidewalks are adequate to serve the development in question. In either case the owner of the abutting property shall execute a covenant in a form approved by the city which runs with the land being developed and which provides for installation of sidewalks and other street improvements at a specified later date. The covenant shall provide that the improvements shall be installed to city standards when any one of the following first occurs:

A. The grade of the abutting street is established;

B. The abutting street is improved through an LID, ULID, or other funding method;

C. Similar improvements are constructed on adjacent property; or

D. When existing sidewalks and/or curbs are inadequate as determined by the city engineer. (Ord. 2017-05 § 4, 2017: Ord. 86-01 § 1, 1986)

12.28.030 Construction standards.

Construction standards for sidewalks shall be the same as required for subdivisions and shall be in compliance with the engineering design and development standards. In addition, the developer or abutting owner shall pave to city standards and specifications any unpaved portion of the right-of-way between the newly constructed curb and the existing road pavement. (Ord. 94-29 § 3, 1995; Ord. 93-23 § 3, 1993: Ord. 86-01 § 2, 1986: Ord. 84-20 § 3, 1984)

12.28.040 Methods of compliance.

At the discretion of the city, developers may satisfy the requirement for sidewalk construction by one of the following methods: (1) actual construction, if approved by the city; (2) by posting a bond or other suitable security in an amount approved by the city sufficient to cover the estimated costs of construction; (3) by execution of an agreement not to protest formation of a LID for construction of sidewalks. (Ord. 84-20 § 4, 1984)

12.28.050 Appeal to council, court.

Any person aggrieved by any decision of any city official in connection with the requirements of this chapter must file with the city clerk a written notice of appeal to the city council within 10 days of the date of the decision being appealed. Appeal from any decision of the city council must be made to superior court within 20 days of the council’s decision. (Ord. 84-20 § 5, 1984)