(A) Infrastructure improvements specifically intended for pedestrians, bicyclists, and transit riders need not be planned nor made where it is determined that the project or any portion of the project should be excepted from the provisions of this subchapter and the NMTP. Such exceptions should generally be implemented where:
(1) Use by non-motorized users is prohibited by law;
(2) The cost of implementing the Plan’s provisions would be excessively disproportionate to the need or probable future use over the long term. EXCESSIVELY DISPROPORTIONATE is defined as exceeding 20% of the cost of the larger transportation project;
(3) There is an absence of current or future need documented through demographic, school, employment, and public transportation route data;
(4) Significant, documented, adverse environmental impacts outweigh the positive effects of the infrastructure; or
(5) Implementation of the NMTP’s standards would be contrary to public health or safety.
(B) If exception is sought in connection with plat approval of a proposed subdivision, the request for exception shall be made with the application for primary plat approval. In such event, the Plan Commission, after any recommendation by the Building Inspector, shall determine whether exception should be granted in connection with any approval of the primary plat. In all other projects involving construction or reconstruction of roads and sidewalks, the determination of whether an exception should be allowed shall be made by the Board of Public Works and Safety after recommendation, if any, by the Building Inspector.
(Ord. 12-06A, passed 5-29-12)