3.4.160 Payment in Lieu of Sidewalk Construction.
A. Properties within the Woodriver Village subdivision must make a payment in lieu of constructing a sidewalk per lot which is not required to construct a sidewalk as a condition of development approval. The payment will be established in the City’s fee resolution. The payment requirement is limited to the Woodriver Village subdivision and is based on the unique characteristics of the Woodriver Village subdivision, as follows:
1. The subdivision was approved in Deschutes County in 1972 prior to annexation to City of Bend in 1993;
2. The public right-of-way width ranges between 40 feet to 60 feet;
3. The pavement width is less than 24 feet;
4. There are no curbs; and
5. The area includes significant trees, rock outcroppings and a rural appearance.
B. The applicant must make a payment in lieu of constructing the sidewalk prior to issuance of a building permit or land division final plat approval, whichever occurs first.
C. The payment in lieu of sidewalk construction is a one-time payment deposited into a sidewalk fund. The funds must be spent on costs directly related to the maintenance or construction of public pedestrian facilities, including land acquisition, design, and construction of sidewalks, that are reasonably expected to benefit or serve the resident(s) of the Woodriver Village subdivision.
D. A waiver of remonstrance must be recorded with the property prior to issuance of a building permit or land division final plat approval, whichever occurs first. [Ord. NS-2389, 2020; Ord. NS-2349, 2019]