[Amended 7-7-2014 by Ord. No. 2014-05]
A.
The owner of any lot in front of which any sidewalk or curbing has
been laid or constructed shall, in the event such sidewalk or curbing
shall be in any way damaged or broken, cause the sidewalk or curbing
to be repaired within 90 days after such sidewalk or curbing shall
have been damaged or broken. If the premises shall be vacant at the
time of the damaging or breaking of any such sidewalk or curbing,
the owner shall cause the sidewalk or curbing to be repaired within
90 days after notice by the Town official charged with Code enforcement,
forwarded to such owner by registered or certified mail.
[Amended 1-23-2017 by Ord. No. 2017-001]
B.
The Town official charged with Code enforcement and the Public Works
Director shall at all times keep the Council informed of any broken
or damaged sidewalk or curbing that they deem hazardous within the
Town.
C.
Any repairs shall be completed within 90 days of notice unless the
owner provides to the Town proof of his or her good faith efforts
to have the repairs completed promptly. Any repairs not completed
within 90 days after notice or any extension for good faith efforts
shown, not to exceed an additional 30 days, shall constitute a violation
of this section and shall be punished by a fine not less than $25
nor more than $75, plus the costs of prosecution. Each day after the
aforementioned ninety-day period shall constitute a separate violation.
Any person within the Town, who shall voluntarily
or pursuant to a notice given per the Town Charter, construct or lay
a sidewalk along or in front of any property within the Town shall
conform such sidewalk to the rules and regulations set forth in this
article.
A.
All sidewalks shall be constructed of concrete cast
poured in well-supported forms at one pouring at such time as the
outside temperature shall not be below 40° F.
B.
The concrete shall be placed or poured immediately
after mixing and shall be tamped and struck off with a template and
shall be floated with a wood float until the surface has a true contour
both as to grade and as to cross slope. Proper care shall be taken
not to bring to the surface an excess of water and fine sand.
There shall be a cross drainage of at least
1/4 inch per foot.
All sidewalks laid within the Town shall have
a width of five feet. Prior written approval of Council shall be required
if the width exceeds or is less than five feet.
All sidewalks laid within the Town shall have
a minimum thickness of at least four inches.
Concrete used shall be composed of one part
cement to two parts of fine aggregate to four parts of course aggregate
by volume.
The cement used shall be Portland cement and
shall meet the requirements of the Standard Specifications of the
American Society of Testing Materials.
The fine aggregate used shall consist of clean,
natural or beach sand or screenings from hard, tough, crushed rock
and must be well graded. All fine aggregate used shall pass through
a one-fourth-inch, screen and 95% shall be retained in a one-hundred-mesh
screen.
The course aggregate used shall consist of hard,
durable, clean and uncoated pebbles, broken stone, blast furnace slag
or thoroughly washed gravel. All coarse aggregate shall pass through
a one-inch screen and 95% shall be retained in a one-fourth-inch screen.
The water used shall be clean enough to drink
and shall not exceed 6 1/4 gallons per ninety-six-pound bag of
cement.
The subgrade shall consist of a layer of local
sand or cinders and shall be well drained and compacted to a minimum
layer of three inches with a firm surface having a uniform bearing
power.
Drains shall be provided in waterlogged or water-bearing
solid and shall be ceramic or concrete or concrete tile of a minimum
diameter of four inches in order that the sidewalk might be protected
from damage by frost action.
Concrete, when poured, shall be retained or
confined in forms, made of smooth force lumber, having a minimum thickness
of two-inch lumber board or of steel of equal strength. On all curves
flexible strips of lumber or metal shall be used and shall rigidly
be held to line and grade by stakes and braces.
The concrete used in the pouring of any sidewalk
shall be mixed until each particle of fine aggregate is coated with
cement and until each particle of course aggregate is coated with
mortar.
[Amended 11-7-2022 by Ord. No. 2022-013]
A.
Sidewalks
shall be cut into separate rectangular slabs, not greater than six
feet on any one side with the surface edges of each slab rounded to
a minimum radius of 1/4 inch. Separation of slabs shall be by division
plates of steel of a minimum thickness of 1/8 inch and as wide as
the depth of the sidewalk and as long as the width of the sidewalk.
B.
Openings for electric vehicle (EV) charging station cords shall be
a minimum of two inches deep, a maximum of two inches wide and run
the entire width of the sidewalk. EV charging station cords shall
not be exposed at any part of the sidewalk. A cover for the EV charging
station cord opening shall be able to hold 50 pounds per square inch
and be flush with the top surface of the sidewalk.
The expansion joints of any sidewalk shall have
a minimum spacing of 25 feet on any one line or where the walk intersects
the curbline of another walk, shall extend from the surface to the
subgrade, shall be at right angles to the sidewalk surface and shall
be completely filled with compressible material consisting of premolded
strips of bitumen filled fiber or mineral aggregate and least 1/2
inch thick, five inches wide or two feet long at all intersections
with a curbline or other sidewalk. Expansion joints shall have a minimum
thickness of one inch.
[Amended 6-4-2018 by Ord.
No. 2018-002; 11-7-2022 by Ord. No. 2022-013]
The Town Manager, or designee, shall inspect any repaired or
newly constructed sidewalk within the Town. Should the sidewalk comply
and conform to the rules and regulations of this article, the Town
Manager, or designee, shall certify that fact, in writing, to the
person installing or making repairs.
A.
Any person laying, constructing, or repairing or causing to be laid, constructed or repaired, any sidewalk within the Town who shall fail to comply with this article shall, upon conviction, be subjected to a fine as provided in § 1-18 of this Code.
[Amended 6-4-2018 by Ord.
No. 2018-002]
B.
In addition to the aforementioned fine, the failure of any owner to comply shall result in the Town official charged with Code enforcement or other designated Town official to issue a notice, and the procedure set forth in Section 31 of the Charter of the Town shall be followed.
[Amended 7-7-2014 by Ord. No. 2014-05]
[Added 4-7-2003]
A.
Definition of new construction when applied to curbs,
gutters and sidewalks. "New construction" is the improvement of a
vacant parcel with a primary permitted structure, or if, in the opinion
of the Code Officer, there is over 50% of alterations done on the
existing primary structure or addition to the existing floor space
of the primary structure equal to or greater than 25%, or the change
of use of the property from a low- to no-volume pedestrian use to
a higher volume pedestrian use (i.e., office to a coin-operated laundry
mat, a single business in a structure to multiple businesses in the
same structure).
B.
Subdivisions and new construction. As a condition
of approval or issuance of a building permit, all subdivisions and
new construction shall be required to install curbs, gutters and sidewalks
where no such improvements exist or where such improvements are in
need of repair.
C.
Specifications. Installation of curb, gutter and sidewalk
improvements shall be in accordance with specifications as determined
by the Town Council.
D.
Repair. It shall be the responsibility of the owner
to repair all sidewalks within, adjacent to or approximately parallel
to the owners' property line although it may be situated wholly or
partially in the Town right-of-way. The Town of Milton shall have
oversight responsibilities, but not financial responsibilities for
all curbs and gutters wherever situated within the Town limits.[1]
[Amended 9-8-2006 by Ord. No. 2006-3]
[1]
Editor's Note: Former Subsection E, Exceptions, which immediately
followed this subsection, was repealed 12-5-2022 by Ord. No. 2022-016.
