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:
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.
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.
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.