[Ord. No. 131, § 1, 5-21-2007]
This article is adopted pursuant to and in accordance with the authority set forth in MCL § 41.181, as amended.
[Ord. No. 131, § 2, 5-21-2007]
[Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:]
Right-of-way shall mean the entire area owned or dedicated to the Road Commission of Macomb County or other governmental agency or entity for public use as a street, sidewalk, easement, landscape area or other public place.
Sidewalk shall mean any walkway, passage or traveled path alongside a street or highway generally used by the public without regard to its present surface.
Street shall mean that portion of a public thoroughfare improved, designed, or ordinarily used for vehicular traffic, including curbs on paved roads and shoulders on unimproved thoroughfares.
[Ord. No. 131, § 3, 5-21-2007]
(a)
Installation. Sidewalks shall be installed as required in the Charter Township of Chesterfield Zoning Ordinance, being Ordinance No. 110, as amended, and codified at sections 76-1 through 76-781 of the Charter Township of Chesterfield Code of Ordinances.
(b)
Permit required. No person shall construct or repair a sidewalk without a sidewalk permit or authorization granted in connection with another township permit.
[Ord. No. 131, § 4, 5-21-2007]
[Ord. No. 131, § 5, 5-21-2007]
(a)
Application. Where not otherwise authorized under another township permit, the building department is authorized to issue a sidewalk permit upon application forms provided by the department.
(b)
Information required. The sidewalk permit application shall contain at least the following information:
(1)
Date of application and name and address of the owner of the property, providing any identifying data and documentation required by the building department.
(2)
Description by way of site or plot plan of the sidewalk to be constructed or repaired, including estimated square feet of construction, a description of location relative to the public right-of-way and proposed grades.
(3)
A statement signed by the applicant and owner agreeing to the specifications and regulations of this article.
(4)
An estimate of the costs associated with the installation of the sidewalk.
(c)
Other approvals. Where the sidewalk to be constructed will be located in whole or in part in the right-of-way adjacent to the road under the jurisdiction of the state highway department or County Road Commission of Macomb County, the applicant shall be responsible for obtaining approval from the applicable government entity.
(d)
Fees. The building department shall charge a fee for the issuance of any sidewalk permit in an amount established by resolution of the township board. Inspection fees shall be paid to the building department in an amount established by resolution of the township board.
[Ord. No. 131, § 6, 5-21-2007]
It shall be the duty of every owner of land within the township to keep and maintain the sidewalk located upon the public right-of-way contiguous to such owner's property, or any other sidewalk located on such property of the owner that may be open to the public in the following manner:
(1)
Free from any and all defects of every kind and nature and maintained in a condition of good repair under guidelines promulgated by the building department and adopted by the township board.
(2)
Free from any and all deposits of debris, rubbish, or other objects which might or could be hazardous to persons using the sidewalk.
(3)
Free and clear from accumulations of snow, ice and water.
(4)
Free from obstructions encroaching from adjacent property, including but not limited to overhanging tree limbs, bushes, and the like.
(5)
Free from obstructions from adjacent property interfering with site distance lines, at driveways and other sidewalks intersecting such sidewalk. A clear and unobstructed site triangle must be created using as a base leg from the site obstruction to any sidewalk, or driveways or sidewalks intersecting such sidewalk, of 15 feet.
[Ord. No. 131, § 7, 5-21-2007]
Sidewalks provided by a developer, which are damaged prior to occupancy, shall be repaired by the developer prior to the date of final occupancy; or, in situations where repairs cannot be made, an adequate cash escrow for repairs shall be posted with the township, which shall be accepted or unaccepted at the sole discretion of the township.
[Ord. No. 131, § 8, 5-21-2007]
(a)
Duty. The owners of property jointly and severally shall, in accordance with this article, maintain the sidewalk free from defects and encroachments and in good repair. When the sidewalk requiring repair or reconstruction is contiguous to more than one lot or parcel, costs of such repair or reconstruction shall be prorated on the basis of front footage between the property owners. The failure of one abutting property owner to undertake such repair where such sidewalk abuts more than a single parcel shall not excuse the remaining property owners from the duties established in this article.
(b)
Written notice. Upon determination by the township building official, or other individual appointed by the township board of trustees, that any sidewalk or portion of a sidewalk is in need of repair or elimination from encroachment, as described in this article, the township building official or ordinance enforcement officer, or other individual appointed by the township board of trustees, shall serve a written notice upon the owners of the properties contiguous to the portion of such sidewalk requiring repair or elimination of encroachment. Written notice shall not be required for matters described in subsections 14-226(2), (3) and (4).
(1)
Determination of property owners. Owners of the property shall be determined from the most current township tax assessment roll.
(2)
Service of notice. Such owner shall be notified by delivery of a copy of such notice personally by leaving a copy of such notice with some person of suitable age and discretion who is a member of the household at the residence of such owner, or by mailing a copy of such notice by certified mail addressed to the owners of the property determined from the most current township tax assessment roll.
(3)
Action required. Any owner of property upon whom service of the notice shall be made shall apply for and complete a permit application as required in sections 14-224 and 14-225 of this article within 30 days of receiving the notice. Property owners shall pay all applicable application and inspection fees. All repairs or elimination of encroachment shall be completed within 60 days from the date of the notice.
[Ord. No. 131, § 9, 5-21-2007]
(a)
Failure to comply. If the owner shall fail to cause such work to be completed within such time and has not yet otherwise agreed to the repairs being performed in a method approved by the township, the building official shall notify the township board of such upon the expiration of the sixty-day period. The township board shall thereafter cause the repairs and/or elimination of encroachments to be made and shall certify the total cost, together with an additional fee of 25% for engineering supervision and general administrative expense to the township supervisor, who shall levy such amount against the property on the next succeeding tax assessment roll.
(b)
Lien against property. From and after the date of certification to the supervisor by the township board, such amount shall constitute a lien upon the premises; and such tax shall be collected by the township treasurer in the same manner as taxes and other assessments under general property tax laws.
(c)
Proration of costs. When the sidewalk to be repaired is contiguous to more than one lot or parcel of land, the total cost of such repair, if repairs completed under this article, shall be prorated for assessment purposes on the basis of front footage repaired of the lots or parcels effected.
[Ord. No. 131, § 10, 5-21-2007]
(a)
Appeal procedure. Any person seeking an appeal from the provisions of this article shall submit an application for appeal on a form approved by the township board and provided by the building department and pay any fee established by resolution of the township board. Any appeal from issuance of a notice for repair or removal of encroachment must be made within 10 days from the date of mailing or personal service of the notice form provided in this ordinance.
(b)
Factors to be considered. In making its determination, the township board shall consider the following:
(1)
Any recommendation submitted by the DPW.
(2)
Any recommendations submitted by the building department.
(3)
Any recommendations or opinion of the township engineer.
(4)
The provisions, intent and purpose of this article.
(5)
The character and use of land and buildings in the general and immediate vicinity.
(6)
The number of persons residing or working in the general and immediate vicinity.
(7)
Any other relevant evidence it may determine to be necessary and pertinent to its determination.
[Ord. No. 131, § 11, 5-21-2007; Ord. No. 131-01, 1-20-2009]
(a)
Authorized. In addition to any other permits or fees required in this article, the township board shall establish by resolution a sidewalk repair fund fee charge. Upon the issuance of any permit under this article, in addition to the sidewalk permit fee a sidewalk repair fund fee shall be required to be paid, which shall be deposited in a sidewalk repair fund which shall be used exclusively to repair sidewalks.
(b)
No relief or modifying of liability. Establishment of this fund does not modify the obligation of the adjoining property owners with regard to repair and maintenance of sidewalks, nor does it limit or relieve persons installing such sidewalk from liability for defects in workmanship, materials or the like.
(c)
Authorization of repairs and maintenance. The township board, upon the recommendation of the building official, may authorize expenditures for repairs and maintenance. With respect to appropriating the repair funds, the property owner will pay 100% of the cost of repair.
[Ord. No. 131, § 12, 5-21-2007]
Any person, firm or corporation, who shall violate any of the provisions of this article shall, upon conviction thereof, be subject to a fine of not more than $500 and/or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment.