[Adopted 12-17-2001 by Ord.
No. 407]
A.
In the Town of Denton, sidewalks are constructed to segregate
pedestrians from vehicular traffic to assist with pedestrian traffic.
B.
For various reasons, sidewalks become misaligned both
vertically and horizontally, and should be realigned as soon as practical
depending on the severity of the misalignment, location and volume of pedestrian
traffic. Additionally, normal wear and tear of sidewalks require regular maintenance
to prevent extensive repairs.
The purpose of the program is to ensure that all sidewalks within the
Town limits are inspected on a regular basis, and the necessary maintenance
and repairs performed in a timely fashion to prevent a tripping and/or health
hazard. The sole responsibility for maintenance and repair of sidewalks is
that of the property owner on which the sidewalk is located.
Whenever the Town Council deems it to be in the public interest and
for the health, safety and welfare of the citizens of the Town, it may require
sidewalks to be constructed on properties. In the event the property owners
of those properties on which the Town Council has ordered sidewalks to be
constructed fail to install such sidewalks within a reasonable time from such
order, the Town or its designated agent may enter upon such property and construct
a sidewalk, the cost of which shall become a lien upon such property.
All sidewalks, steps, driveways, parking spaces and similar paved areas for public use shall be kept in a proper state of repair and maintained free from hazardous conditions. If any sidewalk or driveway or portion thereof by virtue of its state of repair shall constitute a danger to public health and safety the sidewalk or driveway or portion thereof shall be replaced or repaired according to Chapter 94, Property Maintenance.
In Market Street between First Street and Fourth Street, the property
owner or applicant shall replace the brick paving with brick furnished by
the Town at the Department of Public Works yard, or its designated agent,
at a price to be determined by the Town Engineer.
All government agencies shall provide sidewalks or pedestrian access
paths built to Town specifications on all properties that adjoin a Town street
within two years of ordinance adoption.
B.
All new residential developments must include the installation
of sidewalks within the development according to Town specifications.
C.
When it is determined that new sidewalks on commercial
properties or within new residential developments are not in the best interest
of the Town, the Planning Commission may consider fee-in-lieu or alternate
pedestrian access pathway.
D.
Detailed specifications and diagrams of approved sidewalk
construction for public sidewalks found in the Town of Denton Standard Specifications
Manual.
E.
Permit. A permit for the construction of the sidewalk
shall be secured from the Town office.
As used in this article, the following terms shall have the meanings
indicated:
The localized buckling or shattering occurring usually at a transverse
crack or joint.
Is a difference in elevation ( 3/4 inch) between two sections
of pavement at a crack or joint.
Localized low areas of limited size which may or may not be accompanied
by cracking. At least a one-inch difference in elevation.
The localized upward displacement of a pavement.
A.
Regular inspection, based on established criteria, of
all sidewalks is the responsibility of the Property Maintenance Inspector.
The Supervisor of Public Works is responsible for the maintenance and repair
of municipally owned sidewalks. Inspections shall be performed on a complaint
basis in addition to an ongoing sidewalk evaluation program. The sidewalk
evaluation program shall identify properties within the Town for inspection
in the fall of each year on a cyclical basis. The evaluation will identify
sidewalks in need of repair or replacement as well as properties that lack
sidewalks.
B.
On a given block where two or more contiguous properties
have been identified for sidewalk replacement or construction, those properties
shall be considered for a comprehensive retrofit program. The sidewalk retrofit
program will coordinate the replacement or construction of sidewalks with
other infrastructure improvements to minimize the expense, disruption and
inconvenience to residents. Infrastructure improvements may include the relocation
of meter pits, correction of handicap accessibility or stormwater concerns,
construction/repairs to curb, gutter or roadways; or other improvements warranted
by the Town Council. In the event sidewalks are identified for inclusion in
the retrofit program, the Town Council of Denton may permit the property owner
to spread the repayment of the cost of construction or repairs over a five-year
period. These fees will be collected quarterly and reflected on the property's
water/sewer bill.