[HISTORY: Adopted by the Township Board of the Charter Township of Cascade by Ord. No. 6-2000; amended in its entirety 3-13-2013 by Ord. No. 1-2013. Subsequent amendments noted where applicable.]
ATTACHMENTS
287a Attachment A
This chapter shall be known and referred to as the "Cascade Charter Township Pedestrian Pathway and Sidewalk System Opening Ordinance."
For purposes of this chapter, the following terms shall have the meanings indicated:
PEDESTRIAN PATH or SIDEWALK
The area operated, maintained, constructed, required to have been constructed or paid for by the Township.
No person shall make any alteration, excavation or opening in, to, upon or under the pedestrian path and/or sidewalk (or any portion thereof) without first obtaining a written permit from the Township, with the exception of those listed in §§ 287-42 and 287-43 of this chapter. No permit shall be granted until the applicant has done all of the following:
A. 
Fully filled out the application form required by the Township and filed the same with the Township;
B. 
Posted the appropriate letter of credit, cash or bond as required by the Township; and
C. 
Provided proof of insurance as required by the Township.
For all projects that will take longer than 10 business days to completely restore the path or sidewalk, the applicant must also specify how the path or sidewalk will remain safe, usable and in working order during the duration of the construction activity. This plan shall include the signage plan for informing pedestrians about the project and warning them of the disturbance as well as a daily restoration plan to ensure that at the end of the construction day that the path or sidewalk will be free from dirt and debris.
A. 
The disturbed path must be restored within 10 business days of the initial disturbance unless a longer time is approved by the Township Manager. For an extension of the 10 days the Township Manager shall take into consideration the following:
(1) 
The scale of the project.
(2) 
How the path or sidewalk is intended to remain open.
(3) 
What materials are being used for any temporary path or sidewalk.
(4) 
The public interest in providing a longer time to restore the path or sidewalk.
B. 
The Township may also require other reasonable means of ensuring that the path or sidewalk remains safe, unobstructed and open during the entire project. These items will also need to be made a part of the reconstruction plan.
C. 
If the required work is not performed within the specified time period, the Township may contract this work with an agent of its choosing. The cost for said repair work and administration shall be the responsibility of the entity responsible for the original disturbance.
D. 
When doing any work to or under a pedestrian path or sidewalk, the applicant shall fully comply with this chapter and all requirements of the permit.
This chapter shall not apply to work to the pedestrian path or sidewalk (or affecting the same) being done by the Township.
Public utility companies are required to obtain a permit within five business days of the start of the work. They are not required to submit a performance bond for the restoration but must meet the pathway or sidewalk restoration standards of this chapter.
A. 
Any person doing any work in, to, on or under the pedestrian path pursuant to a permit issued under this chapter shall fully comply with any and all applicable Township standards and requirements as contained in Attachment A of this chapter and, when finished, shall return the pedestrian path to its former state.[1]
B. 
Any person doing any work in, to, on or under the Sidewalk pursuant to a permit issued under this chapter shall fully restore the sidewalk, with concrete, to its former state.
No person shall obstruct or occupy (except temporarily for walking or bicycling uses) the pedestrian path or sidewalk (or any portion thereof) unless done pursuant to and in compliance with a validly issued permit from the Township.
Any person who shall damage the pedestrian path or sidewalk (or any portion thereof) in any way shall be responsible for returning the pedestrian path or sidewalk to its state prior to such damage. At the Township's option, the Township may either repair the damage caused by such person and such person shall be responsible for reimbursing the Township for such repair work, or, alternately, the Township may require that the person who caused the damage repair the pedestrian path or sidewalk to its prior state within 30 days of the date of the damage.
Any person who violates any provision of this chapter is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, plus costs and other sanctions, for each infraction. Every day that a violation continues shall constitute a separate offense. Repeat offenses under this chapter shall be subject to increased fines as provided below. As used herein, "repeat offense" means a second (or any subsequent) municipal civil infraction violation of any provision of this chapter committed by a person within any one-year period and for which the person admits responsibility or is determined to be responsible. The increased fines for repeat offenses shall be as follows:
A. 
The fine for any offense which is a first repeat offense shall not be less than $500, plus costs.
B. 
The fine for any offense which is a second repeat offense shall be not less than $1,000, plus costs.
C. 
The fine for any offense which is a third repeat offense or any subsequent repeat offense shall be not less than $5,000, plus costs.