(a) Applicability. This section shall apply to all new development that requires a certificate of zoning compliance and to all major subdivisions.
(b) Public sidewalks.
(1) Concrete sidewalks shall be required on both sides of all streets, in all major subdivisions and shall be installed as part of the public improvement requirements identified in Chapter 1222: Subdivision Design.
(2) For development projects outside of a subdivision, new public sidewalks, constructed to meet the City of Middletown standards (Manual of Design for Public Improvements), shall be required along the street frontage of any lot being developed when the following conditions exist:
A. The development includes new construction on a vacant lot or complete redevelopment of an existing principal building (e.g., the principal building is torn down and replaced);
B. There is no public sidewalk along one or more of the public street rights-of-way adjacent to the lot;
C. A public sidewalk exists in the public right-of-way on the lot adjacent to the lot being developed; and
D. There is adequate existing right-of-way for the public sidewalk.
(3) All sidewalks shall be constructed with a minimum width of five feet. Wider sidewalks may be required by the Planning Commission or the Development Code Administrator, based on the applicable review procedure, where they determine:
A. A significant amount of pedestrian traffic is expected based on the use that requires a wider sidewalk;
B. The adjacent sidewalk is wider, in which case the new sidewalk should be of the same width; or
C. A wider sidewalk is required for the cross-section of the new proposed street.
(4) All sidewalks at intersections will include ramps that are compliant with the American Disabilities Act.
(5) Where unusual or exceptional factors or conditions require a modification of this section, such sidewalks may be waived, in whole or in part, by the Planning Commission as part of a major subdivision review. For waivers related to sidewalks required outside of a subdivision, the BZA shall review the request as part of a variance application.
(6) Items allowed on public sidewalks.
A. Certain items listed below may be placed on a public sidewalk in the UC-C Subdistrict subject to obtaining a certificate of zoning compliance.
B. The applicant shall execute an agreement with the City whereby the applicant agrees to indemnify the City and hold the City harmless from any claims for injury, loss or damage arising from the use or maintenance of the sidewalk item. Any item placed on a sidewalk must allow for a minimum of five feet of sidewalk width clear for pedestrian traffic.
C. Benches and flower planters may be placed on the sidewalk in front of the business subject to the condition that the bench or planter contains no signage and be well maintained.
D. Merchandise may be placed on the sidewalk for the purpose of periodic sidewalk sales as authorized in § 1206.02.
(c) Internal pedestrian connections.
(1) Where a sidewalk, bike trail, or greenway path, or other pedestrian route exists in a public right-of-way adjacent to the site, or is required to be constructed as part of the development approval, a paved pedestrian connection shall be constructed from the sidewalk, bike trail, or greenway path, or other pedestrian route to the entrance of the building. See Figure 1218-E.
(2) The pedestrian connection shall have a minimum width of five feet.
(3) All pedestrian walkways located within a site (internal pedestrian circulation) shall be either physically separated from all drive lanes and driveways or shall be visually distinguishable from the adjacent pavement areas (e.g., variation in color, texture, materials, pattern, etc.). See Figure 1218-F.
(d) Bike trails. Bike paths may be required as part of subdivision in accordance with § 1222.05 and the Manual of Design for Public Improvements.
(Ord. O2018-02, passed 2-20-2018)