Brick Ordinance Proposal

 

Introduction:

 

To re-enforce heritage tourism and to begin the discussion, here is a sample ordinance that would be placed in Chapter 12, Section 10 concerning mandating bricks within the Newburyport Historic District. It will not cause undue financial pressure to the city and would give clear direction within the historic district. It would also open the city up to aggressive funding through tourist grants and highway improvement funds that would not just benefit locally but will forever frame Newburyport as a truly distinctive heritage destination. Below is an outline of the ordinance:

 

Bricks along with granite curbing will be mandated on sidewalks that run parallel with public streets within the Newburyport Historic District which is designated by the State Register of Historic Places and the National Register of Historic Places. All other areas outside of this district will be required to be concrete.

 

 

Those with non-mandated materials whether inside or outside the district will not be required to be replaced until the actual process of replacement is undertaken. When maintenance work occurs on non-standard material sidewalks, the entire sidewalk will be replaced on that block.

 

Within the Newburyport Historic District, non-standard material sidewalks will be required to be replaced by City Hall or historically-compatible bricks, or other bricking styles which can better fulfill ADA-standards.

 

 

This ordinance will only apply to sidewalks that run parallel to the road or street and does not apply to driveways or walkways that run perpendicular to the street except when the driveway or walkway crosses the typical sidewalk perimeter. Driveways should be bricked within this sidewalk zone.

 

Proposed Insertion:

 

 

Newburyport Brick Ordinance (To be inserted as Section 12-10)

 

Sidewalk Materials Policy

 

(a) Brick will be the required sidewalk material within the National Register of Historic Place’s boundaries. This area includes High Street and the sidewalks within from Marlboro Street to Atkinson Park; is bound on the west by Ashland Street and the sidewalks within and the east by Marlboro Street and the sidewalks within and to the end of Union Street and the sidewalks within as it intersects with Water Street. Both sides of sidewalks will be mandated to be brick on Merrimac Street from Ashland Street to Market Square and both sides of Water Street to the intersection of Union Street. All streets within those street boundaries of the National Register will be mandated to have brick material.

 

(b) Any sidewalks within this district that are concrete or macadam will be replaced with brick material whenever the existing sidewalk is to be re-constructed or replaced.

 

(c) All other areas outside of the National Register of Historic Places’ Newburyport Historic District will be required to be concrete.

 

Existing brick sidewalks.

 

(a) When any portion of the public sidewalk that is constructed of brick is reconstructed or replaced, that portion shall be replaced with brick, unless all of the following conditions are found by the city engineer to exist:

 

(1) The particular section of sidewalk constructed of brick to be replaced is not located within the Newburyport Historic District as defined above, or in a "downtown streetscape area",

 

(2) The particular section of sidewalk or adjacent property has not been designated "historic" by the boundaries of the National Register of Historic Places’ Newburyport Historic District.

 

(3) Notwithstanding the restrictions set forth in this section concerning the retention of brick side walks, those sections of brick sidewalk need not be retained where the city council finds that due to changes in the vicinity of a specific request for waiver, a brick sidewalk no longer serves as an enhancement. In such cases, a waiver may be granted by a motion passed by a majority vote of the city council.[or by the zoning board of appeals?]

 

(b) Major brick walkways outside the National Register of Historic Places’ Newburyport Historic District.

 

(c) Notwithstanding the restrictions set forth in this section concerning the retention of brick sidewalks, those sections of brick sidewalk need not be retained where the city council finds that due to changes in the vicinity of a specific request for waiver, brick sidewalk no longer serves as an enhancement. In such cases, waiver may be granted by a motion passed by a majority vote of the city council.[or by the zoning board of appeals.