§ 38-44. Sidewalk construction in developing areas.

(a)

Sidewalks shall be constructed along the public street frontages in accordance with the Memphis and Shelby County Unified Development Code.

(b)

It shall be the duty and responsibility of the contractor/builder to whom the building permit for the lot is issued to obtain a sidewalk permit from the building official and to install the required sidewalk across the street frontage of the lot. The fee for such a permit shall be established by the building official with the approval of the board of commissioners. The sidewalk shall be installed by the contractor/builder, and inspected and accepted by the building official prior to the final inspection of the structure on the lot abutting on or adjacent to such sidewalk by the building official and prior to any use or occupancy of the structure on the lot.

(c)

It shall be an offense for the contractor/builder to permit any use to commence on any lot or occupancy to commence in any structure on any lot within a new development prior to the installation, inspection and acceptance of the sidewalks required by this article.

(d)

The lot owner shall assume the responsibility of maintenance, repair and replacement of the required sidewalks along the lot frontage upon occupying the structure on the lot.

(e)

The county engineer reserves the right to include the installation of required sidewalks within a standard development contract for nonresidential developments, street dedication contracts, and minor streets abutted by reverse frontage lots and/or unbuildable common open space lots.

(f)

Upon application by the builder and/or property owner, the board of county commissioners may, by majority vote, waive the construction of sidewalks that are required by this section. Such waiver may be granted only upon a showing by the applicant that sidewalks are not necessary for the public health, safety and general welfare. This section is not intended to require waiver in cases where sidewalks are not required under the subdivision regulations of Memphis and Shelby County.

(Code 1992, § 26.5-52; Ord. No. 128, § 2, 10-4-1993; Ord. No. 218, 2-21-2000; Ord. No. 414, 8-13-2012)