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.
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.