The purpose of the Pedestrian Overlay District (PED) is to establish a safer, more diverse, healthier, financially productive and business-friendly environment. The district encourages walkability which complements the overall neighborhood design.
[Added 3-12-2024 by Ord. No. 24-32]
The Board of Appeals shall have no authority to grant variances from the design standards except as a result of notice of zoning determination challenge.
New developments within areas designated as PED are subject to the development and design standards of PED, with the following exceptions:
A.
Pedestrian facilities shall be provided to and within the development.
B.
Pedestrian facilities shall adhere to current engineering practice as well as federal and state law regarding design and construction.
D.
On-site pedestrian relationships and facilities.
(1)
Where sidewalks exist or can physically be constructed in front of the parcel, the site shall be designed to provide for pedestrian access to the front entrance of the building without the need to cross parking areas or access drives.
(2)
The walkway to the front entrance shall be constructed with materials that contrast with the paving of the vehicular areas, which provide a safe and inviting access to the building, and that are visually compatible with other pedestrian facilities in the neighborhood.
(3)
If a sidewalk along the street is interrupted or crossed by a proposed driveway, access road or other vehicular facility, the sidewalk material or design must be maintained across the driveway or another visually compatible method used to clearly delineate the sidewalk from the drive.
(4)
Provisions shall be made for pedestrian circulation between buildings and uses within a site or on adjacent parcels if the buildings do not have a direct relationship to the sidewalk or if the front wall of the building is located more than 100 feet from the property line.
E.
Off-site fee in lieu of construction. Where a new off-site sidewalk must be constructed, a waiver may be granted by the Planning Board/Site Plan Review Committee and a fee in lieu of that sidewalk shall be paid if one or more of the following conditions apply:
(1)
The sidewalk is proposed to be constructed within an existing right-of-way where sufficient right-of-way or easement width does not exist or cannot be dedicated to build the sidewalk without reducing existing transportation facilities. In these instances, compliance to the maximum extent practicable is required and a fee shall be paid for the balance of sidewalk not constructed.
(2)
The sidewalk is a part of a publicly funded project that includes sidewalks. In this case, the developer shall pay the fee based on the town or state design up to the amount limited by the Fee Schedule.
(3)
The sidewalk for a commercial project is 500 feet or more from an existing sidewalk, as measured from the closest points of the existing sidewalk to the subject property line along the existing road frontage.
(4)
The sidewalk for a residential or mixed-use project is 1,500 feet or more from an existing sidewalk, as measured from the closest points of the existing sidewalk to the subject property line along the existing road frontage, or 50 times the maximum number of dwelling units allowed per the base density of the development parcel(s), whichever is greater.
(5)
The fee shall be based on the amounts found in the Town's Fee Schedule and may be prorated based on partial compliance. The total cost of the project shall include all construction costs associated with the improvement as approved by the Town.
F.
The developer, wherever practical, shall grade for the future development of a sidewalk.
G.
Use of fees. All fees collected by the Town pursuant to these provisions shall be accounted for separately from other monies and shall be spent only for the construction or rehabilitation of sidewalks or other pedestrian improvements in the Town.