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It shall be the policy of the city to plan, design, construct, operate and maintain street improvements to provide reasonable and appropriate accommodation for all potential users of the public right-of-way, in accordance with the City of Frankfort Non-Motorized Transportation Plan (NMTP) and as funding priorities permit. In furtherance of such policy:
(A) The city Plan Commission will draft a Non-Motorized Transportation Plan: Complete Streets for the City of Frankfort. This amendment to the city’s Master Plan will set forth specifications, criteria and long-range plans for providing Complete Streets in the city.
(B) After appropriate public review and consideration of the NMTP and following its approval by the Common Council, the Plan will be reviewed and updated on a regular basis.
(C) The NMTP will include, as appropriate, bicycle routes, lanes, and paths; sidewalks and pedestrian paths; best practices for crossing pedestrians and bicycles at both intersections and mid-block locations; transit facilities; and related safety improvements and amenities. In developing the Plan, consideration will be given to existing non-motorized transportation facilities; potential non-motorized travel patterns; implementation and maintenance costs versus potential use; the public safety of both street users and abutting property owners; and funding priorities. The city will look for opportunities to provide for Complete Streets in conjunction with all public works projects, as appropriate.
(D) Infrastructure improvements made under the NMTP will be designed, constructed, and operated using guidance from the Indiana Department of Transportation (INDOT) and the Clinton County Highway Department and will be in substantial conformance to the latest guidelines promulgated by the American Association of State Highway and Transportation Officials (AASHTO), Guide for the Development of Bicycle Facilities. All improvements shall conform to the Indiana Manual on Uniform Traffic Control Devices (IMUTCD) and the Americans With Disabilities Act Accessibility Guidelines (ADAAG).
(E) It will be the goal of the Common Council to reasonably fund the implementation of the Non-Motorized Transportation Plan, which shall include any grant funds that can be made available.
(F) Until the Plan Commission completes and the Common Council approves the initial Non-Motorized Transportation Plan, the City Building Inspector shall review all new street plans and existing street reconstruction projects prior to their commencement; after such review, and any recommendation by the Building Inspector, the Board of Public Works and Safety shall determine, where feasible, that such projects be designed to safely accommodate all users of the right-of-way, including motor vehicles, pedestrians, people requiring mobility aids and bicycles.
(G) After completion of the NMTP by the Plan Commission and following its approval by the Common Council, all public street projects and public street reconstruction projects in the city shall be in conformity with the NMTP unless exception is made as provided below.
(Ord. 12-06A, passed 5-29-12)
(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)
(A) Any person, firm, or corporation who shall violate a provision of this chapter for which another penalty is not provided, shall upon conviction thereof, be subject to a fine as follows:
(1) For a first offense, the fine shall be not less than $50 nor more than $100, together with court costs, as determined by the court.
(2) For a second offense of the same nature and occurring on the same property, if applicable, and within 24 months of the first offense, the fine shall be not less than $150 nor more than $250, together with court costs, as determined by the court.
(3) For the third offense of the same nature and occurring on the same property, if applicable, and within 24 months of the second of such offense, the fine shall be not less than $350 nor more than $2,500, together with court costs, as determined by the court.
('75 Code, § 46.08) (Ord. 27, passed 10-5-64; Am. Ord. PO-77-2, passed 12-21-77; Am. Ord. 06-6, passed 2-13-06)
(B) Any person, firm, or corporation who shall fail to comply with the provisions of §§ 97.10 through 97.18 shall be fined in any sum not less than $10 nor more than $500 for each offense, and/or shall be refused future permits until the person, firm, or corporation complies with the provisions of §§ 97.10 through 97.18. (Ord. CO-88-15, passed 10-24-88)