§ 154.109 PEDESTRIAN CIRCULATION.
   (A)   Purpose. The town has a desire to promote pedestrian activity within its territorial limits. This has been exemplified through the town's efforts in creating a pedestrian plan which aims to increase what can be called the walkability of the area. Promoting pedestrian activity can help stimulate economic activity, encourage a healthier citizenry, reduce vehicular congestion along roadways, and help towards decreasing the town's carbon footprint.
   (B)   General provisions. As such, certain new developments shall aid in the promotion of pedestrian activity by providing pedestrian circulation systems. The following provisions shall apply to any pedestrian facilities required by division (C)(1) through (4) below.
      (1)   Standard. All newly constructed pedestrian circulation systems shall be compliant with the "Americans with Disabilities Act" (ADA) and all applicable State Department of Transportation standards. External pedestrian circulation facilities shall be constructed to line up as closely as possible to any existing neighboring facilities. The width of any external pedestrian circulation facilities shall match that of any existing neighboring facilities as well; however, in no case may a new pedestrian circulation facility be less than four feet wide.
      (2)   Approval. The town's Zoning Administrator, Council or Board responsible for the final approval of the proposed development project shall be responsible for approving, disapproving or approving with modifications the proposed pedestrian circulation plan.
      (3)   Plan submittal. All development proposals that are regulated by this section shall be required to submit a pedestrian circulation plan. The plan required by this section shall be in combination with the first application submittal required by the town for approval for the applicable development proposal. The plan shall show the extent of the project's proposed internal pedestrian circulation system and external pedestrian circulation system.
      (4)   Fee in lieu of. At the discretion of the authorizing administrator, council, or board, a fee may be paid by the party that is financially responsible for a proposed development project instead of installing external pedestrian circulation systems. The fee shall be determined by first determining the length of required pedestrian systems. Then the volume of concrete that would normally be required to complete the required pedestrian facility shall be computed based on the previously determined length. The current average price of concrete per cubic yard shall be used to determine the cost of the total amount of concrete for the normally required pedestrian facility. That figure shall be increased by 80%. If the town prompted the payment of a fee in lieu of constructing the required external pedestrian circulation system, then the previously calculated figure shall be the amount of the fee in lieu of. If the payment of the fee in lieu of pedestrian circulation construction is at the sole request of the project applicant, then the previously calculated fee amount shall be doubled. The town shall put the paid fee into an account set aside for pedestrian facility development and shall only use the moneys for the construction of new pedestrian facilities or the upgrading of existing pedestrian facilities.
   (C)   Specific provisions.
      (1)   New subdivisions.
         (a)   Applicability. This division (C)(1) shall apply to any new minor subdivision, major subdivision, cluster subdivision, planned unit development, and special subdivision that incorporates condominiums and/or townhouses as defined in § 153.27(C) through (F).
         (b)   Internal circulation. All development projects to which this division (C)(1) applies shall provide pedestrian facilities that will be accessible to areas of relatively high densities of dwelling units, any commercial components of the development, and any designated open spaces. There shall be no prescribed method of providing adequate pedestrian circulation; however, the two most common methods are the provision of a standard sidewalk system or the provision of off-street pedestrian trails.
         (c)   External circulation. All development projects to which this division (C)(1) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town.
      (2)   New commercial structures.
         (a)   Applicability. This division (C)(2) shall apply to any newly constructed commercial structure.
         (b)   Internal circulation. If a commercial structure is proposed to be located 35 or more feet from the proposed external pedestrian circulation system (or if a fee in lieu of is paid, the distance shall be measured to the edge of the street right-of-way), then internal pedestrian facilities shall be provided. These facilities shall safely and conveniently guide pedestrians through any parking lot and/or front yard areas to the main entrances of any commercial spaces.
         (c)   External circulation. All development projects to which this division (C)(2) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town.
      (3)   Remodeled commercial structures.
         (a)   Applicability. This division (C)(3) shall apply to any existing commercial structure and/or property that is remodeled, altered, repaired or added to such that the cost of the work is equal to or greater than 50% of the assessed tax value of the property prior to the work being performed.
         (b)   Internal circulation. If a commercial structure is located 35 or more feet from any existing external pedestrian circulation system (or if no external pedestrian circulation system exists and a fee in lieu of is paid, the distance shall be measured to the edge of the street right-of-way), then internal pedestrian facilities shall be provided. These facilities shall safely and conveniently guide pedestrians through any parking lot and/or front yard areas from the adjacent street right-of-way to the main entrances of any commercial spaces.
         (c)   External circulation. All development projects to which this division (C)(3) apply shall provide pedestrian facilities along the portions of the property that are adjacent to the access granting public street right-of-way, whether the street is owned by the State Department of Transportation or the town. Given the fact that the structures and properties to which this division (C)(3) applies are existing; it is recognized that there may arise unusual hardships in implementing the exact standards contained herein. If an existing pedestrian facility is located on the opposite side of the access granting public street right-of-way as the subject commercial structure and the subject property's topography or some other characteristic of the property renders the construction of a new external pedestrian facility so infeasible as to pose a hardship upon the applicant, then the applicant may have an additional option to that provided in division (C)(4) below. In this scenario the applicant may provide a safe and adequate street crossing from the existing sidewalk opposite the street right-of-way to a point within 100 feet of the subject commercial structure. The Town Public Works Director shall have the authority to utilize discretion in approving the application of this part and in approving proposed street crossings. In approving the proposals, the Public Works Director shall take into account the Town Manager and Planner's comments.
      (4)   Streets and utilities.
         (a)   Applicability. This division (C)(4) shall apply to street and/or utility repair work that: destroys existing pedestrian circulation facilities; widens the existing right-of-way width by 15% or more; or creates a new street.
         (b)   Destruction of existing pedestrian circulation facilities. In the event that the destruction of an existing pedestrian circulation facility occurs as a result of work performed for the maintenance, repair or construction of a portion of a street or utility infrastructure, the group or person responsible for the work shall be responsible for restoring the pedestrian circulation facility. If the existing facility was not ADA compliant before the maintenance, repair or construction, then the restoration shall render the facility ADA compliant.
         (c)   New and expanded rights-of-way. Pedestrian circulation facilities required by division (C)(4)(a) above shall be considered external pedestrian circulation facilities. These facilities shall be required along all portions of the street that are new or whose right-of-way has been expanded by 15% or more.
      (5)   Accessibility during construction. During the construction and/or development of any proposed project, all existing external pedestrian facilities shall remain accessible to pedestrians. In no case shall a portion of an existing external pedestrian facility be blocked, destroyed, damaged or otherwise made to be in a state of disrepair so as to render the pedestrian facility inadequate for the safe mobility of persons with restricted movement capabilities.
         (a)   Applicability. This division (C)(5) shall apply to all developments to which divisions (C)(1), (2), (3) and (4) above apply.
         (b)   General regulations. Portions of an external pedestrian facility may be blocked or in some other way rendered inadequate for the safe mobility of persons with restricted movement capabilities for a period of time not to exceed 24 hours, if the interruption to the pedestrian facility is associated with development and work is being performed to the area containing the pedestrian facility the entirety of the interruption. One non-exhaustive example of such a circumstance is the cutting away of the pedestrian facility, installing the forms for an access drive to a property, pouring the cement into the forms, installing the asphalt in the driveway, and letting the wet cement set and the asphalt dry all in one day of work. If the similar work is being performed, but will take longer than 24 hours before the pedestrian facility is rendered adequate again, then a pedestrian detour shall be provided that adequately provides for the safe mobility of persons with restricted movement capabilities or some other approved alternate ramp or path shall be provided that safely bypasses the pedestrian facility interruption.
(Ord., Art. XI, § 1114, passed - -)