[Adopted 5-14-2012 by Ord. No. 12-02. Amendments noted where applicable.]
This chapter is known as the "Use of the Public Way Ordinance."
A.
It is the purpose of this chapter to promote more-attractive,
communal, orderly and functional pedestrian-oriented streetscapes,
including outdoor benches, seating, tables and chairs. Site furnishings
must be furnished and maintained by the business/property owners and
merchants for public use and are not for the exclusive use of the
patrons of a particular business.
B.
In return for the privilege of use of the public way, merchants
and business/property owners are expected to self-police themselves
to provide and maintain said site furnishings according to their submitted
sketch plan and approved use of public way permit.
C.
This chapter is further intended to specifically prevent unsafe
passage of pedestrians that could occur along sidewalks that are compromised
by the use of site furnishings.
Terms, phrases and words in this chapter have the meanings given
herein or, if not defined, are given their ordinary accepted meanings:
Must be free of obstructions and, at a minimum, include the
following:
Surfaces must be firm, stable, and slip-resistant. Concrete
or asphalt must be free of holes and depression. Gratings, access
covers, and other appurtenances must not be located on curb ramps,
landings, and gutters within the PAR;
Width clearance must be four feet minimum, with a continuous
passing width of five feet;
Passing width at two-hundred-foot intervals must be five feet
by five feet minimum; and
Vertical clearance must be seven feet in height.
For the purposes of this Chapter 5.10 only, the area between the street curb (or edge of street pavement if curb does not exist) and the property line. If a land title survey or other official documentation demonstrating the location of the property line is not provided, it will be assumed that the public way extends to the building facade.
Those elements and site amenities that are shown on the sketch
plan that accompanies the use of the public way permit application
and approved by the Code Enforcement Officer (CEO) and Town Planner.
Such elements may include, but are not limited to: benches, tables,
chairs, umbrellas, bicycle racks, and trash receptacles. Excluded
elements include: vending and soda machines, refrigerated cabinets,
ice machines, freezer chests and other like appliances. There may
be no signage and/or advertising associated with the site furnishings
unless as reviewed and approved by the CEO and Town Planner per Town
Code § 16.8.10.1 et seq.
[Amended 6-10-2013 by Ord. No.
13-03; 6-9-2014 by Ord. No. 14-03; 4-27-2015 by Ord. No. 15-02]
The regulations of this chapter apply only to those properties
located in the Mixed Use - Kittery Foreside Zone.
B.
The sketch plan submitted for approval with the application
must include all of the following information:
(1)
Title block: business name and address, name of applicant, the
person/agent responsible for preparing the plan, and the signature
of the owner, or authorized representative, of the property;
(2)
Approximate North arrow, scale, Assessor's map and lot
number in the lower right-hand corner of the plan, and the date the
plan was prepared;
(3)
General layout of building facade and associated entrance(s),
sidewalk, curb and existing street furnishings and utilities (i.e.,
utility poles, fire hydrants, streetlights, signs, and other site
furnishings located on abutting properties); and
(4)
Property lines and other features necessary to indicate the
location of the public way and demonstrate safe passage for pedestrians.
The use of the public way must be designed to accommodate pedestrians
and patrons without danger to the public health or safety. To this
end, the following standards must be satisfied:
A.
A pedestrian access route as defined in § 5.10.3 must
be provided within the public way at all times.
B.
Site furnishings must not block customary access to the street,
such as, but not limited to, curb cuts, crosswalks, and doors to parked
cars.
C.
Site furnishings must not extend past the frontage of the property
that is being considered for the permit.
A.
Within 15 working days of receipt of a complete application,
the CEO and Town Planner shall render a decision. The decision may
be to approve, approve with modifications, approve with conditions,
or disapprove the application. The decision is to be based strictly
on the submitted application and the review criteria listed in § 5.10.7.
B.
Applicants are to be informed in writing of the decision.
C.
Approved plans are to be signed and dated by the reviewers along
with the notation "approved sketch plan for use of public way" and
kept on file.
D.
The holder of a permit is required to indemnify the Town for
any claims arising out of the permitted public way, include site furnishings.
Full text of the indemnification appears in the use of the public
way permit.
Any person aggrieved by any decision regarding application for
a use of the public way permit may appeal the decision to the Town
Manager. Such appeal must be instituted within 30 days after the receipt
of a written decision.
It is the intent of this chapter that use of the public way,
when permitted, will be self-policed by merchants and business/property
owners. In the event self-policing is not successful, the Code Enforcement
Officer is to enforce the provisions of this chapter. The Code Enforcement
Officer is to order the correction or abatement of all violations
of this chapter. Uncorrected violations are to be reported to the
Town Manager and may incur Town Council action regarding future use
of the public way fronting the property in question.
Use of the public way in a manner described within this chapter
without an approved use of the public way permit, or not in compliance
with this chapter, is a violation of this chapter.
A.
When any violation of any provision of this chapter is found
to exist, the Town Attorney, or the CEO as provided by M.R.C.P. Rule
80K, upon notice from the Town Manager, is authorized and directed
to institute any and all appropriate actions and proceedings, either
legal or equitable, that may be appropriate or necessary for the enforcement
of the provisions of the chapter, the same to be brought in the name
of the Town.
B.
Any person being the owner of or having control or use of any
building or premises who violates any of the provisions hereof is
guilty of a civil violation, and the Town has those remedies including
fines as are provided and allowed by 30-A, M.R.S. § 4452.
Each day such violation is permitted to exist after notification constitutes
a separate offense. All fines collected hereunder accrue to the Town.
This chapter is repealed without replacement on December 31,
2012, unless re-enacted by the Town Council prior to December 1, 2012.
