[Adopted 8-19-2003 by Ord. No. 2003-09]
A.
The Township Committee will determine when to install
new sidewalks along existing roads on a case-by-case basis, taking
into consideration traffic density, the nature of the street or roadway
involved, including whether it is an arterial street or a dead end
or cul-de-sac, pedestrian usage, proximity of existing sidewalks on
neighboring streets, topography of the street and shoulder area, the
width of the right-of-way and comments of property owners in the area
or the public. The cost of installing new sidewalks shall be borne
by the Township.
B.
The Land Use Board of the Township of Washington, as appropriate, will base its decision on whether to require sidewalks in connection with an application for development before it on the same criteria and consideration set forth in Subsection A. The cost of constructing such sidewalks shall be borne by the developer.
The Township Committee, with the advice and
assistance of the Township Engineer, may review the existing sidewalks
in the Township and draft a priority list for the replacement or repair
of sidewalks.
New sidewalks and areas of reconstruction or
replacement of existing sidewalks shall be constructed of concrete,
slate, bluestone, concrete payers or other construction material approved
by the Township Committee. No asphalt shall be allowed. Construction
material for replacement or repair of existing sidewalks shall match
other existing sidewalks in the neighborhood and be consistent with
the historical nature of the Township. The Township Committee shall
give final approval to the construction materials called for in the
bid specifications of any sidewalk project. Individual property owners
who wish to change the material composition of sidewalks abutting
their property, at their own cost and expense, must secure permission,
in writing, from the Public Works Manager.
The width of all sidewalks in residential areas
shall be four feet, unless the Township Committee, after reviewing
written recommendations from the Township Engineer, decides that another
width is appropriate. Sidewalks in commercial areas shall extend from
curb to adjoining building, unless the Township Committee, after reviewing
written recommendations from the Township Engineer, decides that another
width is appropriate.
The owner, tenant or occupant of the property
in front of which a sidewalk passes shall continue to be responsible
for all repair, maintenance and replacement of the sidewalk in front
of the property so owned or occupied and shall keep the same free
from snow, ice, grass, weeds, rubbish and other obstructions.
In case a sidewalk is in such a state of disrepair
that it requires repair, maintenance and/or replacement, and an owner,
tenant or occupant fails to take such steps to repair, maintain and/or
replace within 60 days of notice from the Township, it shall be lawful
for the Street Supervisor or the officer having charge of the streets
of the Township to take all necessary actions to repair, maintain
and/or replace the sidewalk. Any owner, tenant or occupant may, within
15 days of receipt of notice from the Township, make a written application
for an extension of time to repair, maintain and or replace to the
Township Committee which may be granted for good cause shown.
The cost and expense paid and incurred by the Public Works Manager or other officer for repair, maintenance and/or replacement of a sidewalk shall be ascertained by the Committee and certified to the Collector of the Township, and such expense shall be added to and form a part of the tax or taxes next to be levied and assessed on the lot or lots of land in front of which such sidewalk is located, to be collected according to law and shall be a lien upon said lands until paid; and this liability of the owner or owners of said land shall be in addition to his or her liability to the fine imposed by § 106-27 of this article.
Any person who violates any of the provision
of this article shall, upon conviction thereof, be punishable by a
fine and/or imprisonment as follows:
A person, firm or corporation damaging any sidewalk
shall be responsible to repair or pay for the repairs to any such
damaged sidewalk. Any such repairs shall be made under the direction
of the Public Works Manager in accordance with this article.
Before the Township embarks on any sidewalk
reconstruction or repair or replacement project, the cost of which
will exceed $5,000 or which will substantially alter the character
and composition of the sidewalk, including, by way of example, replacing
slate with concrete, the Township Committee shall hold a public hearing
so that input from the public and adjoining property owners may be
considered.
