Town of Kittery, ME
York County
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Table of Contents
Table of Contents
[Adopted 5-14-2012 by Ord. No. 12-02. Amendments noted where applicable.]
This chapter is known as the "Use of the Public Way Ordinance."
A. 
It is the purpose of this chapter to promote more-attractive, communal, orderly and functional pedestrian-oriented streetscapes, including outdoor benches, seating, tables and chairs. Site furnishings must be furnished and maintained by the business/property owners and merchants for public use and are not for the exclusive use of the patrons of a particular business.
B. 
In return for the privilege of use of the public way, merchants and business/property owners are expected to self-police themselves to provide and maintain said site furnishings according to their submitted sketch plan and approved use of public way permit.
C. 
This chapter is further intended to specifically prevent unsafe passage of pedestrians that could occur along sidewalks that are compromised by the use of site furnishings.
Terms, phrases and words in this chapter have the meanings given herein or, if not defined, are given their ordinary accepted meanings:
PEDESTRIAN ACCESS ROUTE (PAR)
Must be free of obstructions and, at a minimum, include the following:
A. 
Surfaces must be firm, stable, and slip-resistant. Concrete or asphalt must be free of holes and depression. Gratings, access covers, and other appurtenances must not be located on curb ramps, landings, and gutters within the PAR;
B. 
Width clearance must be four feet minimum, with a continuous passing width of five feet;
C. 
Passing width at two-hundred-foot intervals must be five feet by five feet minimum; and
D. 
Vertical clearance must be seven feet in height.
PUBLIC WAY
For the purposes of this Chapter 5.10 only, the area between the street curb (or edge of street pavement if curb does not exist) and the property line. If a land title survey or other official documentation demonstrating the location of the property line is not provided, it will be assumed that the public way extends to the building facade.
SITE FURNISHINGS
Those elements and site amenities that are shown on the sketch plan that accompanies the use of the public way permit application and approved by the Code Enforcement Officer (CEO) and Town Planner. Such elements may include, but are not limited to: benches, tables, chairs, umbrellas, bicycle racks, and trash receptacles. Excluded elements include: vending and soda machines, refrigerated cabinets, ice machines, freezer chests and other like appliances. There may be no signage and/or advertising associated with the site furnishings unless as reviewed and approved by the CEO and Town Planner per Town Code § 16.8.10.1 et seq.
[Amended 6-10-2013 by Ord. No. 13-03; 6-9-2014 by Ord. No. 14-03; 4-27-2015 by Ord. No. 15-02]
The regulations of this chapter apply only to those properties located in the Mixed Use - Kittery Foreside Zone.
A. 
No person may use the public way as described in this chapter without prior permit approval from the CEO and Town Planner.
B. 
The fees for an initial use of the public way permit, and for annual renewals, are as set out in Appendix A.
A. 
Submission of a completed use of the public way permit application, including:
(1) 
Business name and street address;
(2) 
Property map and lot number;
(3) 
Owner name and contact information; and
(4) 
Types of site furnishings.
B. 
The sketch plan submitted for approval with the application must include all of the following information:
(1) 
Title block: business name and address, name of applicant, the person/agent responsible for preparing the plan, and the signature of the owner, or authorized representative, of the property;
(2) 
Approximate North arrow, scale, Assessor's map and lot number in the lower right-hand corner of the plan, and the date the plan was prepared;
(3) 
General layout of building facade and associated entrance(s), sidewalk, curb and existing street furnishings and utilities (i.e., utility poles, fire hydrants, streetlights, signs, and other site furnishings located on abutting properties); and
(4) 
Property lines and other features necessary to indicate the location of the public way and demonstrate safe passage for pedestrians.
The use of the public way must be designed to accommodate pedestrians and patrons without danger to the public health or safety. To this end, the following standards must be satisfied:
A. 
A pedestrian access route as defined in § 5.10.3 must be provided within the public way at all times.
B. 
Site furnishings must not block customary access to the street, such as, but not limited to, curb cuts, crosswalks, and doors to parked cars.
C. 
Site furnishings must not extend past the frontage of the property that is being considered for the permit.
A. 
Within 15 working days of receipt of a complete application, the CEO and Town Planner shall render a decision. The decision may be to approve, approve with modifications, approve with conditions, or disapprove the application. The decision is to be based strictly on the submitted application and the review criteria listed in § 5.10.7.
B. 
Applicants are to be informed in writing of the decision.
C. 
Approved plans are to be signed and dated by the reviewers along with the notation "approved sketch plan for use of public way" and kept on file.
D. 
The holder of a permit is required to indemnify the Town for any claims arising out of the permitted public way, include site furnishings. Full text of the indemnification appears in the use of the public way permit.
Any person aggrieved by any decision regarding application for a use of the public way permit may appeal the decision to the Town Manager. Such appeal must be instituted within 30 days after the receipt of a written decision.
It is the intent of this chapter that use of the public way, when permitted, will be self-policed by merchants and business/property owners. In the event self-policing is not successful, the Code Enforcement Officer is to enforce the provisions of this chapter. The Code Enforcement Officer is to order the correction or abatement of all violations of this chapter. Uncorrected violations are to be reported to the Town Manager and may incur Town Council action regarding future use of the public way fronting the property in question.
Use of the public way in a manner described within this chapter without an approved use of the public way permit, or not in compliance with this chapter, is a violation of this chapter.
A. 
When any violation of any provision of this chapter is found to exist, the Town Attorney, or the CEO as provided by M.R.C.P. Rule 80K, upon notice from the Town Manager, is authorized and directed to institute any and all appropriate actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of the chapter, the same to be brought in the name of the Town.
B. 
Any person being the owner of or having control or use of any building or premises who violates any of the provisions hereof is guilty of a civil violation, and the Town has those remedies including fines as are provided and allowed by 30-A, M.R.S. § 4452. Each day such violation is permitted to exist after notification constitutes a separate offense. All fines collected hereunder accrue to the Town.
This chapter is repealed without replacement on December 31, 2012, unless re-enacted by the Town Council prior to December 1, 2012.