[Adopted 4-12-2003]
This article shall be applicable only within
the area of the Town that is covered by the Town of Wells Sidewalk
Development Plan. Sidewalk improvements shall be designed in accordance
with the standards established in the Town of Wells Sidewalk Development
Plan and as specified in this article.
Deviations from these specifications may be
obtained from the Road Commissioner if it is found necessary to ensure
public safety. All deviations must receive approval prior to construction,
or prior to approval of the development plan by the Planning Board,
if applicable. The Road Commissioner may allow the design and construction
of sidewalks that do not meet these standards upon a written finding
that application of these standards would promote the intent of the
Sidewalk Development Plan, that physical conditions of a particular
site do not allow for full implementation of these standards, and
that safety of pedestrians will not be put at risk by following alternate
design and construction standards.
A.
The following types of development in the Town shall
provide for the location and construction of sidewalks as provided
in this section.
(1)
Establishment of a use that requires construction
of any new building other than a single-family dwelling or duplex
on a vacant lot.
(2)
Establishment of a use that requires construction
of a new building or the demolition or alteration of an existing building
on a lot that contained a building, provided the alteration affects
more than 75% of the floor area or perimeter walls of the existing
building, other than the establishment of a single-family dwelling
or duplex on a vacant lot.
(3)
The expansion of a structure other than a single-family
dwelling or a duplex by more than 2,000 square feet of floor area
after April 15, 2003.
(4)
The conversion of a residential use to a commercial
use, if the residential use is discontinued.
B.
This shall include the dedication of necessary right-of-way or public access easement and the construction of sidewalks in accordance with the specifications provided in § 201-42, or a contribution to the Town's Sidewalk Construction Fund as specified in § 201-43. Newly constructed sidewalks shall be paid for entirely by the property owner unless otherwise determined by the Planning Board. Provision for sidewalk construction shall be included as part of site plan review or subdivision approval and/or part of plans submitted for obtaining a building permit.
A.
All sidewalks and related improvements including but
not limited to curbs, pavement, and handicapped accessways, shall
be constructed according to the standards in the Sidewalk Development
Plan, including those in this article.
B.
Sidewalks shall be at least five feet wide and shall
be located between the curb or grade line of the public street and
the right-of-way line or public access easement if approved by the
Town, but no closer than two feet to the curb or grade line. Sidewalk
width and distance to curb or grade line may be reduced where right-of-way
width does not allow this standard to be met. The Town may approve
alteration of the alignment so the sidewalk meanders within the area
between the curb and right-of-way line or public access easement.
The Town may request that an easement be granted from property owners
to locate the sidewalk if it is necessary for public safety and/or
if the landowner is willing in order to increase green space between
the roadway curb and the sidewalk.
C.
Where a new sidewalk adjoins existing sidewalks that
are not five feet in width, the new sidewalk shall taper on each side
over a five-foot length to meet the existing condition.
D.
A site plan indicating the location of the sidewalk shall be submitted to the appropriate Town reviewing authority determined by the Reviewing Authority Chart in § 145-71A for site plan approval or to the Planning Board for subdivision approval.
E.
All sidewalks shall be constructed in accordance with
the Americans with Disabilities Act (ADA) standards. Wheelchair access
ramps must be constructed at any point a proposed sidewalk intersects
a Town street with the exception of walks leading from the street
to the door of a single-family residence. Access ramps shall be built
to grades no greater than one foot of fall per 12 feet in length.
F.
Sidewalk materials. Sidewalks shall be constructed
of the materials specified in Table 5.4.1 of the Sidewalk Development
Plan[1] in accordance with the details and specifications in the
Sidewalk Development Plan.
[1]
Editor's Note: The Sidewalk Development Plan
is on file in the office of the Town Clerk and may be examined there
during normal office hours.
G.
Curb materials. Curb materials shall be constructed
of the following materials in accordance with the specifications in
the Sidewalk Development Plan.
(1)
Vertical granite. (See Sidewalk Development Plan Figure
4.5.A.)
H.
To the extent possible, sidewalks shall be constructed
to within one foot of the right-of-way to maximize green space between
the roadway curb or grade line.
A.
The Town Treasurer shall establish a nonlapsing Sidewalk
Construction Fund for the purpose of financing the construction and
improvement of sidewalks in the area covered by the Sidewalk Development
Plan. The Sidewalk Construction Fund shall be segregated from the
municipality's general revenues.
B.
The Sidewalk Construction Fund may be used provide
the local match to state and federal grants for sidewalk construction
and improvement.
C.
Funds from the Sidewalk Construction Fund shall not
be used for any purpose other than the construction and improvement
of sidewalks in the area covered by the Sidewalk Development Plan.
D.
A property owner in the area covered by the Sidewalk Development Plan may, in lieu of construction of a sidewalk as otherwise required by § 201-42, make a contribution to the Sidewalk Development Fund.
E.
The amount of the required contribution shall be calculated
by multiplying the average per foot cost for construction of the segment
by the length of sidewalk adjacent to or on the property.
F.
At the time a contribution to the Sidewalk Construction
Fund is made, the Town shall record the date, amount, name and address
of the contributor, and the assessor's map and lot number of the property
for which the contribution is made. If within seven years of the date
of the contribution, the Town has not constructed the segment of sidewalk
for which a contribution has been made to the Fund or included such
construction in the budget for the current fiscal year, then the contribution
shall be refunded to the owner of record of the property from which
the contribution was credited.
G.
If the town receives state or federal funding for
the construction of a sidewalk, then the town shall refund to the
owner of record of the property from which the contribution was credited
an amount proportional to the funding received from state or federal
sources.
The Town's Road Commissioner or designee shall
determine if a sidewalk requires repair and will investigate specific
areas whenever a property owner abutting a public street submits a
request for sidewalk repair or reconstruction. Repair of sidewalks
constructed within the right-of-way of the Town's road and streets
or public access easement will be the responsibility of the Town unless:
A.
The sidewalk is damaged by the abutting property owner
by willful misuse or carelessness. For such costs, the abutting property
owner shall be responsible for the full costs of repair.
B.
Where construction of an otherwise satisfactory sidewalk
is desired by an abutting property owner for the property owner's
convenience, such as lowering of grade to provide a more suitable
driveway. For such costs, the abutting property owner shall be responsible
for the full costs of repair.
Whenever the Town considers the necessity for
construction, reconstruction or resurfacing of a public street, the
Town shall also consider the necessity for construction, repair or
reconstruction of the sidewalk. Whenever feasible, such sidewalk work
shall be completed in conjunction with the street project as finally
approved by the Board of Selectmen.
[Amended 4-21-2020]
It shall be unlawful at any time for any person
to engage in roller-skating, roller-skiing, skate boarding, roller-blading,
in-line skating or the use of bicycles, hover-boards, Razor scooters
and toy vehicles, whether propelled by muscle or motor, on any raised
sidewalk, except for handicap carts, wheelchairs or handicap scooters
propelled manually or by electric motor, including an electric personal
assistive mobility device (29-A M.R.S.A. § 101.22-A). It
shall be unlawful for any person to use a sidewalk or other pedestrianway
for the use of selling any goods or personal property or to place
lawn chairs, beach chairs, blankets or any other item, whereby free
passage to any said sidewalk or other pedestrianway is hindered or
prevented or where prohibited by other Town ordinances.
The standard sidewalk width (minimum five feet)
shall be clear of obstructions such as sign posts, utility and signal
poles, mailboxes, parking meters, fire hydrants, trees and other street
furniture. Obstructions should be placed between the sidewalk and
the roadway, to create a buffer for increased pedestrian comfort,
if possible. Obstructions shall not be placed in such a manner that
they impair visibility of motorists.
A sidewalk permit shall be obtained from the
Road Commissioner or designee prior to the commencement of construction,
repair, reconstruction or removal of any sidewalk within the right-of-way
of streets and roadways within the Town or public access easement.
A sidewalk permit fee as established by the Board of Selectmen, following
notice and a public hearing, shall be paid at the time a sidewalk
permit application is filed.
The Road Commissioner or designee shall inspect
all sidewalks constructed within the right-of-way of a street or public
access easement. If the Road Commissioner finds the sidewalk construction
to be complete and satisfactory, the sidewalk shall be accepted and
written notification of the acceptance shall be submitted to the property
owner. If the Road Commissioner finds the sidewalk construction to
be unsatisfactory, the Commissioner shall notify the property owner
or other persons responsible for construction of the improvements
or changes that must be made in for the sidewalk to be acceptable.
