[Adopted 4-12-2003]
[Amended 11-4-2025]
This article shall be applicable only within the area of the Town that is covered by the Town of Wells Sidewalk Development Plan (2003) or the Route 1 Transportation Feasibility Study 2024 (Route 1, Chapel Road, College Drive, Sanford Road). Sidewalk improvements shall be designed in accordance with the standards established in the Town of Wells Sidewalk Development Plan or the Route 1 Transportation Feasibility Study (2024) and as specified in this article.
[Amended 11-4-2025]
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 not promote the intent of the Sidewalk Development Plan or the Route 1 Transportation Feasibility Study, that physical conditions of a particular site do not allow for full implementation of these standards, and that safety of pedestrians and bicyclists will not be put at risk by following alternate design and construction standards.
[Added 11-4-2025]
To improve the safety of bicyclists and promote bicycle use versus increased vehicle traffic on Route 1, the Route 1 Transportation Feasibility Study recommends adding bike lanes on Route 1. The location of sidewalks may be impacted to allow for future bike lanes to be established. See Study for guidance on requirements, locations and construction standards.
[Amended 11-4-2025]
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 commercial use that requires construction of any new detached or attached building other than an accessory structure less than 1,000 square feet.
(2) 
Establishment of a use that requires the demolition or alteration of an existing building, provided the alteration or demolition affects more than 75% of the gross floor area within the existing perimeter walls of the building.
(3) 
The expansion of a structure by more than 2,000 square feet of gross floor area after November 4, 2025.
(4) 
The conversion of a residential use to a commercial use, if the residential use is discontinued.
(5) 
The construction of a new dwelling unit.
B. 
Development required to provide for the location and construction of sidewalks 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 §§ 201-40 and 201-42. 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.
[Amended 11-4-2025]
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 or the Route 1 Transportation Feasibility Study (2024), 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 or utilities do 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.
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.
[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.