15.16.020 Exceptions to sidewalk construction or repair required by HRMC 15.16.010(C).
Where the construction, repair or replacement of the property’s sidewalk is required of a building permit applicant pursuant to HRMC 15.16.010(C), the Public Works Director may, within his or her sole discretion, allow the landowner to delay or avoid entirely the actual construction under the following circumstances. The permit shall indicate the reason for any delay or avoidance:
A. Sidewalk grades have not been and cannot be established for the property in question within a reasonable period of time given the applicant’s construction schedule. In this case, the property owner may delay construction by executing an irrevocable commitment to construct, repair or replace the property’s sidewalk at such time as the City has established the necessary sidewalk grade(s).
B. Planned future (within five years) installation of public utilities or street paving would necessarily cause severe damage to the sidewalk or other street frontage improvements to be constructed. In this case, the property owner may delay construction by executing an irrevocable commitment to construct, repair or replace the property’s sidewalk at such time as the public utilities have been installed and/or the City has completed paving.
C. Right-of-way width is insufficient to accommodate a sidewalk on one or both sides of the street.
D. Topography or contours make the construction of a sidewalk impractical. (Ord. 2059 §1 Exh. A, 2021; Ord. 1528, 1983; Ord. 1225, 1967. Formerly 15.16.040)