(A) Generally. As a critical component to the town’s transportation system, sidewalks serve to provide for the health, safety and welfare of the town.
(1) Sidewalks provide safe pathways for people to move about the town and reduce the potential for pedestrian-automobile collisions.
(2) Furthermore, sidewalks can serve both residential and nonresidential uses by increasing connectivity (i.e., points and types of access to an area) and providing additional means of travel.
(B) Sidewalks required.
(1) Requirement.
(a) Sidewalks shall be constructed on both sides of all streets, within residential and commercial districts, unless the Planning Commission waives or modifies this requirement, including allowing the developer to contribute funds-in-lieu of construction.
(b) Within all residential developments, sidewalks shall be a minimum of four feet in width.
(c) The design and installation of all sidewalks shall meet all state and federal requirements, including, but not limited to, the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq.
(d) All subdivisions, site developments, or sections thereof shall have installed in them sidewalks and/or trails to serve each lot or parcel therein.
(2) Responsibility. The developer shall install sidewalks within the development along street rights-of-way and along the existing streets fronting the development
(3) Construction materials. Sidewalks shall be concrete, shall conform to the applicable standards contained in these regulations and shall be a minimum of 48 inches wide and a minimum of four inches thick with handicapped access at all intersections. Sidewalks shall normally be separated from the edge of the street by a grassy strip 24 inches wide. All non-paved right-of-way shall be either sodded or seeded.
(4) Location. Sidewalks and trails shall be located in the right-of-way of the street and shall extend across the entire dimension of each lot or parcel side adjacent to a public street.
(5) Timing of completion. All required sidewalks and trail dedications shall be completed prior to occupancy and before any public utility connection occurs.
(6) Sidewalk fee in lieu of construction.
(a) It is the desire of the town to have required sidewalks built at the time of and congruent with development. However, there may be circumstances regarding safety, economic waste and geographical features that preclude such construction.
(b) The Zoning Administrator has the authority to approve construction exemptions and collect a fee in lieu of 115% of the estimated total construction cost (i.e., labor included).
(c) In no instance will a private or public entity not build or pay a fee in lieu of sidewalk or trail construction.
(Ord. 382, passed 7-8-2021)