(A) Purpose. The purpose of this section is to provide for and promote the safety and welfare of the public through the provision of safe and adequate routes of pedestrian access and movement along public rights-of-way and to affected properties.
(B) Sidewalks required. Any person, firm or corporation that engages in any development of vacant property, in the redevelopment of property, or in substantial additions to property, shall construct, or cause to be constructed upon the property, sidewalks that comply with the specifications of the town. Such sidewalks shall extend for the entire length of the property’s frontage along any public street or highway abutting the property, unless the Town Manager finds that the public interest does not require construction of a sidewalk to provide for the adequate safety and convenience of pedestrians (e.g., a service street or alley). If sidewalk alignments are permitted that extend outside the public right-of-way, appropriate easements for the sidewalk area shall be provided to the town. No certificates of occupancy for buildings shall be issued until these requirements are met or guaranteed by a town-approved bond.
(1) VACANT PROPERTY shall include property without a principal structure, property on which the principal structures are razed, dismantled or removed, and property on which the principal structure or structures have been found to be unfit or unsafe for occupancy.
(2) REDEVELOPMENT OF PROPERTY shall include construction or development in which major changes are made to the use, design or construction of existing buildings or site features (such as driveways and parking areas).
(3) SUBSTANTIAL ADDITIONS TO PROPERTY shall include construction of structures and structural additions of at least 1,000 square feet (aggregate) and structures and structural additions equal (in aggregate) to at least 50% of the first floor area of existing structures.
(C) Alternative requirements. If the Town Manager determines that the construction of sidewalks along any street area is, at the time of development or construction, impractical or unreasonable due to right-of-way considerations, drainage facilities, topography, utility structures, the absence of potential connections to other sidewalks in the foreseeable future, or other significant construction feasibility considerations, the sidewalk construction requirement may be waived (for the affected area only) provided that an amount of money equivalent to the normal cost of sidewalk construction for the area is contributed to a town reserve fund for the construction of sidewalks. The amount of the alternative contribution is subject to approval by the Town Manager or his or her designee.
(D) Appeals. The Town Board of Commissioners shall be the reviewing authority for any appeals of administrative decisions related to these requirements. Notice of appeal of an administrative determination and a request for a hearing shall be addressed to the Town Manager in writing and shall detail the basis of the appeal. The appellant shall be given notice of the time and place at which the appeal will be heard. The decision of the Town Board of Commissioners following the hearing shall be final and inclusive and shall be conveyed to the appellant in writing.
(OC, § 4-1-17) (Am. Ord. passed 11-17-98; Am. Ord. passed 5-18-99; Am. Ord. passed 12-21-99; Am. Ord. 2005-02, passed 2-15-05; Am. Ord. 2005-05, passed 4-19-05; Am. Ord. 2005-11, passed 7-19-05; Am. Ord. 2009-19, passed 10-21-09; Am. Ord. 2011-020, passed 6-21-11) Penalty, see § 10.99