Subject:
Title
Public hearing on proposed text amendment to Sidewalk Ordinance, Section 17-67.2 of Chapter 17 of the Town Code
Body
EXPLANATION AND SUMMARY:
Currently Section 17-67.2 of the Town Code requires a developer of any infill lot (a single lot that is being developed and that is not part of a subdivision) that fronts an existing street and where any adjacent property on either side has an existing sidewalk, to dedicate land (if necessary) and construct a sidewalk to connect to existing adjacent sidewalks.
Accordingly, if sidewalk does not exist on either side of the infill lot, the developer does not have to build sidewalk.
The Code of Virginia, specifically Section 15.2-2242.9, provides the Town with the authority to require construction of such sidewalks. In July 2019, the Virginia General Assembly revised Section 15.2-2242.9 to allow jurisdictions to require construction of sidewalk fronting an infill lot regardless of whether or not there is existing sidewalk on either side of the infill lot. Section 15.2-2242.9 was revised as follows:
"Provisions requiring that where a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has an existing sidewalk or when the provision of a sidewalk, the need for which is substantially generated and reasonably required by the proposed development, is in accordance with the locality's adopted comprehensive plan, a locality may require the dedication of land for, and construction of, a sidewalk on the property being subdivided or developed, to connect to the existing sidewalk. Nothing in this paragraph shall alter in any way any authority of localities or the Department of Transportation to require sidewalks on any newly constructed street or highway."
With these changes to the Commonwealth of Virginia enabling legislation, Town Council has directed the Planning Commission to review and recommend revisions to Section 17-67.2 of the Town Code to require that devel...
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