Planning & Development

Fee in Lieu of Sidewalk Construction

The Fee in Lieu of Sidewalk Construction is a voluntary option for property owners/ developers to meet the sidewalk construction requirements of the Sidewalk Ordinance (Chapter 40, Article XXII). If a proposed development meets the criteria listed on Section 40- 560(b)(1) or Section 40- 561, the property owner may choose to pay the fee instead of constructing the required sidewalk.

What type of developments are automatically eligible for paying a Fee in Lieu of Sidewalk Construction?
According to Section 40- 560(b)(1), a property owner may choose to pay a Fee in Lieu of Sidewalk Construction without submitting additional applications if the proposed development meets all of the following criteria:

1. Construction of a new single-family residential use, other than a secondary dwelling unit;
2. The lot was not created by a subdivision plat submitted after October 1, 2020;  
3. The lot fronts a local street that is not a walkable place street or TOD street;
4. The lot is not a corner lot at an intersection of two or more public streets;
5. The lot makes up 20% or less of the linear length of the blockface;
6. The lot is on a blockface where no existing sidewalk is located, or no existing sidewalk is located within 500 feet of the lot along the same blockface; and
7. There is no school located on the same block as the project site.

If my development is not automatically eligible for paying a Fee in Lieu of Sidewalk Construction, can I choose to pay a Fee in Lieu of Sidewalk Construction instead of constructing the required sidewalk?
If a development is not automatically eligible for paying a Fee in Lieu of Sidewalk Construction pursuant to Section 40- 560(b)(1), the property owner can submit an application to the Sidewalk Committee and request the Committee to allow payment of a Fee in Lieu of Sidewalk Construction. The Sidewalk Committee may approve the request when one or more of the following conditions exist:

1. Construction of the sidewalk is infeasible due to existing physical conditions at the project site;
2. Construction of the sidewalk may create an unsafe condition or be otherwise contrary to sound public policy;
3. There is an approved public street or sidewalk project that includes the project site for which the exception is sought, and which is at 60% or more of the design stage; or
4. The required sidewalk construction at the project site would adversely impact an approved public street project or other construction project by a governmental entity, political subdivision, transit authority, or local government corporation.

For more details about the application requirement and process, please visit Applications & Forms.

How is a Fee in Lieu of Sidewalk Construction calculated?
The Fee in Lieu of Sidewalk Construction is $12/square foot. The fee is calculated by multiplying the fee per square foot with the square footage of the sidewalk the property owner would have otherwise been required to construct.

How is the amount of the Fee in Lieu of Sidewalk Construction decided?
The City Engineer determined the amount of the Fee in Lieu of Sidewalk (currently $12/square foot) based on the estimated material and labor cost of the sidewalk projects constructed by the City on an annual basis pursuant to Sec 40-560(d). The costs identified above are based on current (2022) costs and will be confirmed annually.

What will the Fee in Lieu of Sidewalk Construction achieve?
This gives applicants another option to comply with the sidewalk requirements, while still advancing the overall goal of the Sidewalk Ordinance -to create a safe, comfortable, and accessible sidewalk network within the city. The current Sidewalk Ordinance requires all applicable developments to construct sidewalks that meet the city standards unless the developments meet the exemption or modification requirements. The exemption and modification criteria were established to address unique conditions throughout the city.  However, exempting sidewalk construction has created more sidewalk gaps in the city and limits opportunities to promote a complete sidewalk network.  Therefore, the Fee in Lieu of Sidewalk Construction was established to increase construction of the sidewalk network by providing more sidewalk construction options.