[Code 1962, § 14-17]
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any means of ingress and egress from a public highway to
adjoining property, whether improved or in its natural state.
Cement, concrete sidewalks or bituminous concrete sidewalks.
[Code 1962, § 14-10; Ord. of 5-6-1968; Ord. of 2-3-1986; Ord. of 6-18-1986; Ord. of 10-33-1988, § 1; Ord. of 4-2-1990; Ord. of 5-7-1990; Ord. of 6-1-1998, §§ 2, 3]
(a)
Any persons constructing or arranging for the construction of a building
or dwelling or any addition thereto within the City shall also comply
with whichever of the following requirements may be applicable:
(1)
In the event that the Director of Public Works determines that
curbs, gutters and sidewalks are currently required, said persons
shall provide for the construction of curbs, gutters and sidewalks
in accordance with the specifications applicable thereto made, prescribed
or determined by the Director of Public Works or his authorized representative.
The cost of such construction shall be paid for by such persons so
constructing or arranging for the construction of such buildings or
dwellings or additions thereto; or
(b)
All funds received by the City under former Section 20-23(a)(2) and deposited in that certain special account in the capital and nonrecurring capital expenditure fund known as the new curb, gutter and sidewalk account shall be used for the construction of new curbs, gutters and sidewalks where determined necessary by the Director of Public Works or the Public Safety and Welfare Committee of the Board of Aldermen in accordance with Sections 20-24 through 20-26 of this Code.
(c)
The Director of Public Works or his authorized representative shall have the authority to provisionally waive the construction of such curbs, gutters and sidewalks under appropriate conditions, subject to the right of the Public Safety and Welfare Committee of the Board of Aldermen to require said construction in the future if such construction is deemed necessary and is directed in accordance with the provisions of Section 20-24. In such cases, the Director of Public Works shall so notify the Zoning Enforcement Officer of such provisional waiver, if granted, in writing. The Zoning Enforcement Officer shall be charged with the enforcement of this section and shall not approve the issuance of a certificate of occupancy unless such curbs, gutters and sidewalks are installed, or suitable arrangements are made for their later installation by agreement or said construction is provisionally waived.
(d)
In the event of the neglect or refusal of the owner, builder, or
his agent to install such curbs, gutters and sidewalks, or the neglect
and refusal to make the necessary deposit of funds, unless the requirements
for curbs, gutters and sidewalks have been waived by the Director
of Public Works, the City, through the Department of Public Works,
or its assignee, shall have the authority to complete same at the
expense of the owner, builder or his agent.
(e)
Appeals from such findings shall be in accordance with Section 7-119
of the General Statutes of the state.
(f)
For the purposes of this article, the term "addition" shall mean
any expansion of any existing improvement located on commercial or
industrial property, which expansion when completed will result in
a specific percentage increase in total floor area of the improvement
as defined herein. Any expansion of the total floor of an existing
commercial or industrial improvement by 10% [or more] shall be considered
an addition for the purposes of this article.
[Ord. of 6-1-1998, § 4]
(a)
Every owner of land abutting on any highway or street within the
City and in front of whose premises no sidewalk, curb, gutter, driveway
approach, or grass snow shelf area has been constructed may be directed
to construct such sidewalk, curb, gutter, driveway approach or grass
snow shelf area by the City after notice from the Public Works Director.
Such notice shall:
(1)
Be in writing;
(2)
Include a general description of the premises affected for purposes
of identification;
(3)
Include a statement of the reasons it is being issued;
(4)
Contain the specifications for construction prescribed by the
Public Works Director;
(5)
Allow a reasonable time for performance of construction;
(6)
Be served upon the owner or his agent or the occupant as the
case may be, provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally or is sent by certified mail
to his last known address or posted in a conspicuous place in or about
the premises affected by the notice or at least one publication of
such notice in a local newspaper of general circulation.
(7)
Provide for notification of a right to a hearing before the
Public Safety and Welfare Committee of the Board of Aldermen within
15 days to appeal the decision of the Public Works Director.
(b)
At the request of any person aggrieved by the decision of the Public Works Director to require construction, repair or replacement of sidewalks, curbs, gutters, driveway approaches and/or grass snow shelf area, a hearing shall be held on such construction, repair or replacement Such hearing shall be before the Public Safety and Welfare Committee of the Board of Aldermen. If, after such hearing, the Committee shall find that the public necessity and convenience requires such construction, repair or replacement, a copy of such findings shall be mailed to the abutting property owner(s) who shall be directed to construct, repair or replace such sidewalks, curbs, gutters, driveway approaches and/or grass snow shelf area upon default or neglect as provided for in Section 20-23 et seq.
[Ord. of 6-1-1998, § 4]
(a)
Every owner of property in the City upon or adjacent to which is
a sidewalk, curb, gutter, driveway approach or grass snow shelf area
shall at all times maintain same in a safe and suitably repaired condition,
including the removal of obstructions or other impediments to safe
use by the public such as gravel, leaves, debris and the like.
(b)
The owner of land which fronts on highways or streets shall maintain
the ground surfaces of the grass snow shelf between the edge of the
roadway surface and the property line in a neat and graded manner
free and clear of all bushes, fences, planters and litter of every
sort and free and clear of holes and defects which would endanger
pedestrians.
(c)
Failure by such property owner to adequately maintain such sidewalk,
curb, gutter, driveway approach or grass snow shelf area shall result
in liability by the property owner in the event of personal injuries
arising as a result of failure to maintain.
[Ord. of 6-1-1998, § 4]
(a)
Owners of land fronting upon any street or highway may be ordered by the Public Works Director to maintain, replace, repair or otherwise correct defects in any sidewalks, curbs, gutters, driveway approaches or grass snow shelf adjacent to their land. Notice of the work required shall be provided in the same manner as notice provided for in Section 20-24. Every such owner shall comply with the order of the Public Works Director within 30 days of receipt of such notice or be subject to penalty pursuant to Section 1-9 of this Code of Ordinances and shall be liable for any injuries or damages arising from a failure to maintain.
(b)
The City may construct, repair or replace such sidewalk, curb, gutter,
driveway approach or maintain the grass snow shelf area upon default
or neglect of the owner, tenant or occupant to so construct, repair,
replace or maintain, as provided in the preceding sections. The expense
of such work by the City shall be a lien upon the premises adjoining
such sidewalk upon the filing of a certificate of lien to be recorded
in the City Clerk's office within 60 days after the completion
of such construction.
[Code 1962, § 14-22]
All work performed under any permit issued pursuant to this
article shall be subject to the supervision and inspection of the
Director of Public Works or his authorized agent, who shall have full
power to halt all work being done in violation of this article, and
require all work to be completed in conformance herewith. In the event
of the neglect or the refusal of the permittee or his agent to conform
to such requirements, the Director of Public Works shall have the
power to revoke such permit and to complete such work at the expense
of the permittee. Such supervision and inspection, however, shall
not relieve the contractor from any obligation to perform the work
strictly in accordance with the provisions of this article and with
such rules, regulations and specifications as may be adopted hereunder
or from full responsibility for the proper performance and quality
of such construction.
[Code 1962, § 14-23]
The Director of Public Works may adopt such rules, regulations
and specifications, not inconsistent with this article, for the conduct
of the work to be performed under permits issued pursuant to this
article as he may deem necessary to effectuate the provisions of this
article. Such specifications may incorporate current approved standards
and practices as the same may now exist or hereafter develop regarding
dimensions and quality of curbs, walks and combined curbs and gutters,
stating the proportions and quality of materials to be used in various
types of construction.
[Code 1962, § 14-25]
Except as otherwise provided in this article, all driveway approaches
shall be limited to a maximum width of 20 feet at the sidewalk or,
if there is no sidewalk, at such point as the Director of Public Works
or his authorized agent shall then or later designate and no two driveway
approaches for the same property shall be closer together, measured
along the sidewalk or street line, than 25 feet at their closest limits.
All driveway approaches for business and industrial premises shall
have raised curbs on both sides extending from the roadway to the
sidewalk or, if there is no sidewalk, to such point as the Director
of Public Works or his authorized agent shall then or later designate.
Such raised curbs shall be so placed that the requirements of this
section will not be violated by vehicular traffic driving across or
over land outside the limits of the driveway proper. Any person desiring
a waiver of any of the requirements of this section shall submit to
the Superintendent of Police a written application accompanied by
a definite plan showing the location and ownership of the property,
existing sidewalks, curbs, drives and roadways, the lengths and location
of the proposed or existing driveway approach or approaches, existing
and proposed grades that affect the proposal, the type of proposed
construction, the purpose for which such property is to be used and
such other information as may be necessary to present clearly the
problem or that the Superintendent of Police may require. The Superintendent
of Police and the Director of Public Works shall consider such plan
and shall, within 90 days from the date presented, grant or deny the
application of such waiver. Such a waiver may be granted if to is
in harmony with the general purpose and intent of the requirements
of this section, having due consideration for conserving the public
health, safety, convenience and welfare and if strict enforcement
of the requirements of this section would result in exceptional difficulty
or unusual hardship so that substantial justice will be done and the
public safety and welfare secured.
[Code 1962, § 14-26]
No parcel of land having less than a two-hundred-foot frontage
shall have more than two driveway approaches on each street fronting
the property. Land with more than a two-hundred-foot frontage may
have one additional driveway approach for each 100 feet of additional
frontage.
[Code 1962, § 14-27]
If the physical condition of any property is such that, in the
opinion of the Superintendent of Police, ingress or egress are likely
to be made at points other than the designated driveway approaches,
then a curb shall be required, without cost to or claim against the
City therefor, which shall be parallel with the street or property
lines and two feet inside the sidewalk or if there be no sidewalk,
at such point as the Director of Public Works or his authorized agent
may designate. Such curb shall extend across such portion of the frontage
of the property as will effectively prevent, to the satisfaction of
the Superintendent of Police, any ingress or egress to such property
at any points other than by the designated driveway approaches.
[Code 1962, § 14-28]
If parking space is provided or parking allowed between the
sidewalk and the traveled portion of the road, a curbing shall be
required, without cost or claim against the City therefor, two feet
outside the sidewalk, where in the opinion of the Superintendent of
Police, such would be necessary to prevent vehicles from driving upon
the sidewalk and to prevent the ends of vehicles from extending over
the sidewalk. If the sidewalk is seven feet or more in width, the
curbings provided for in this section may be placed immediately against
the sidewalk.
[Code 1962, § 14-29]
(a)
All curb corners at street intersections shall be maintained as safety
zones for pedestrians. A curb corner shall constitute an area as follows:
(1)
The area lying between the street lines extended, where the
angle between such extended street lines is 90° or greater; or
(2)
The area lying between lines drawn at right angles to the street
lines at the point of intersection of such street lines, where the
angle between the street lines extended is less than 90°.
(b)
There shall be no lowering of the curb nor shall any driveway approach
encroach within the bounds of any curb corner.
[Code 1962, § 14-30]
No person shall maintain, grade, construct, surface or in any
other manner change his property or the sidewalks, curbs, roadways,
roadway shoulders or planting strip or suffer any condition to exist
so as to create a condition encouraging the passage by vehicular traffic
from the traveled roadway across any sidewalk, curb, planting strip
or the area reserved for the same. Such a condition is hereby declared
to constitute a driveway approach within the meaning of this article
and hence to be subject to the provisions of this article.
[Code 1962, § 14-31]
(a)
As sidewalks, curbs and driveway approaches are constructed or reconstructed,
the provisions of this article shall apply and conditions inconsistent
with the requirements of this article shall be corrected to comply
herewith.
(b)
Such of the regulations set out in this article as are not inconsistent
with the requirements of the State Highway Department shall apply
within the limits of highways under state jurisdiction. State approval,
limitations and decisions shall be obtained and exhibited to the proper
City officials before the City shall approve or issue permits under
this article for construction along state-controlled roads.
[Ord. of 10-6-1975, §§ 1, 2]
(a)
When the City of Milford causes a sidewalk, gutter or curbside to
be constructed or repaired in accordance with the provisions of this
Code, the Engineering Department shall, immediately upon completion
of construction or repair affecting an individual's parcel of
property, notify the Tax Collector in writing the name of the property
owner, the property description and the amount of assessment. The
Tax Collector shall, within 30 days of receipt of such notice, cause
a lien to be filed with the City Clerk as provided by the General
Statutes.
(b)
The Tax Collector shall, on April 1 of any year, bill the owner of
record appearing on the Grand List then in effect the full amount
of such assessment. Such bill will be payable within one month from
due day and shall carry a penalty as provided by the General Statutes.
In the event that the bill is not paid within one month of due date,
the Tax Collector shall add a lien fee as provided by the General
Statutes, in addition to the aforementioned penalty, to the balance
of the assessment.
[Code 1962, § 14-18; amended 11-5-2015]
No person shall construct in any street in the City any driveway
approach or any curb, sidewalk or combined curb and gutter without
first obtaining a permit to do so from the Director of Public Works,
nor shall any construction work thereon be done until such a permit
has been issued to the applicant. Such permit shall be good only for
construction work which conforms to the lines and grade, if any, established
and given by the Director of Public Works or his authorized agent
and any deviation from such line and grade shall be deemed construction
without a permit. A permit shall be required for each separate piece
of property.
[Code 1962, § 14-19; amended 11-5-2015]
Application for a permit as required in Section 20-44 shall be made upon a form prescribed by the Director of Public Works and shall specify the ownership and location of the property where the work is to be done and the nature and dimensions of such work. Such application shall contain a statement to the effect that the applicants thereby release and agree to save harmless the City from any claim or action that may arise as a result of such construction activities or because of lines or grades that may be then or thereafter given and that such conditions are accepted by the applicant. Such application shall be signed by the owner of the property where such work is to be done in the street adjacent thereto and also by the person who is to accomplish such work.
[Code 1962, § 14-20; amended 11-5-2015]
The permit required in Section 20-45 must be at the site of the work during its accomplishment and must be exhibited to all authorized persons on request. All such permits shall expire 60 days after date of issuance unless sooner revoked. All construction work shall be accomplished within such period. The fee for such permit shall be $25 for either or both sidewalk and curb.
[Code 1962, § 14-21]
[Code 1962, § 14-24]
No fee shall be charged for any permit solely for a driveway approach and no line and grade shall be furnished. Application for a permit solely for a driveway approach shall be accompanied by a written statement signed by the owner stating that such driveway approach will be removed, replaced or regraded to meet the line and grade of any future sidewalk, curb or road construction thereat without cost, claim or suit therefor against the City. No permit shall be required for a driveway approach made solely by grading the natural surface, but such driveway approach shall conform to the requirements of Sections 20-29 to 20-34.
