[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.
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.
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.
[Amended 9-8-2006 by Ord. No. 2006-3]
E. 
Exceptions. Waiver of the requirement for installation of curbs, gutters and sidewalks may be granted by the Town Council upon the property owner's showing that strict compliance with the requirements of this article or Article II of this chapter would result in extraordinary hardship to the owner because of unusual topography, drainage, lot size or shape, street width, right-of-way width, or other conditions that are not self-imposed, provided substantial justice may be done and the public interest secured. In no case shall any waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with Chapter 220, Zoning. Application shall be made on the prescribed form to the Town of Milton and submitted with supporting documentation. subject to any fee established in the currently effective Town Fee Schedule. Waiver may be conditioned on the requirement of future construction of the improvements when deemed appropriate by the Town Council.
[Added 10-9-2023 by Ord. No. 2023-010 [1]]
[1]
Editor's Note: Former Subsection E, Exceptions, was repealed 12-5-2022 by Ord. No. 2022-016.