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ORDINANCE 2009- 013 <br />ii. The developer may be exempted from providing a Thoroughfare Plan <br />roadway sidewalk segment(s) by obtaining a determination from the <br />public works and community development directors that the need for a <br />sidewalk segment(s) along the adjacent thoroughfare plan roadway is <br />precluded by physical or design constraints. <br />b. Method. When required to' construct or provide a required Thoroughfare Plan <br />roadway sidewalk segment(s), the developer shall: <br />Construct the required sidewalk segment(s) if the roadway and <br />corresponding sidewalk segment(s) are designated as a primary pedestrian <br />corridor and if construction can satisfy the design and safety criteria of <br />subsection 913.09(5)(a), as determined by the public works director or the <br />director's appointed designee. As an alternative, the developer may delay <br />construction by: "bonding -out for construction" of the segment(s) as <br />described in subsection 913.09(5)(b)l.c. as approved by the public <br />works director; or <br />ii. Transfer to the county the obligation to construct the required sidewalk <br />segment(s) by providing a cash payment of funds equal to one hundred <br />(100) percent of the estimated cost to construct the required sidewalk <br />segment(s) and executing an agreement for the transfer of responsibility <br />for required improvements. <br />The developer shall be responsible for clearing and grading the intended location <br />of the required sidewalk segment(s) at the time clearing and grading for the <br />development project is performed. The value of such clearing and grading shall be <br />reflected in the cash payment amount provided by the developer. The cleared path <br />shall be approved by the public works department and shall be selected so as to <br />maximize tree preservation while maintaining compliance with the sidewalk <br />design specifications listed in subsection 913.09(5)(a). <br />C. Timing. The developer shall be responsible for providing the required <br />Thoroughfare Plan roadway sidewalk segment(s) in compliance with subsection <br />913.09(5)(b)l.b.i. or ii. prior to receiving a certificate of completion for required <br />subdivision improvements for the corresponding subdivision project. r <br />}In the event that the developer is required to construct the required sidewalk <br />segment(s) (subsection 913.09(5)(b)l.b.i.), the developer may delay construction <br />of the required sidewalk segment(s) for a period of two (2) years beyond the final <br />plat approval date of the corresponding subdivision development. In electing to <br />bond -out for construction, the developer shall provide a completed contract for <br />construction for remaining required sidewalk improvements and post security to <br />guarantee the completed contract in conformance with subsection 913.10(1) <br />construction security requirements. The developer shall have the ability to <br />extend the contract for construction and posted security for a period of two (2) <br />years, in addition to the original two (2) years, upon approval of both the public <br />works director and the community development director. <br />Bold Underline: Additions to Ordinance 3 <br />Strike thfoug r: Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\ORDINANCE\2009\EO 2009-_ 913 - 914 sidewalks.RTF <br />