The purpose of this article is to:
A. Regulate the repair and maintenance of public sidewalks to keep them
in a proper and safe condition for public use;
B. Provide for the imposition of liability upon abutting landowners
for injuries or damages caused by a defective sidewalk;
C. Provide for the establishment of sidewalk maintenance districts by
the Township Board of Trustees for the assessment of the costs of
repairs to sidewalks in the districts;
D. Provide standards for proper sidewalk maintenance, repairs and construction;
and
E. Provide indemnification of the Township for the costs of required
maintenance and repair not accomplished by abutting or adjacent landowners.
[Added 8-10-2016 by Ord.
No. 324]
Except as otherwise provided in this section, all developments
that require site plan approval shall provide sidewalks/pathways as
part of their site improvements as defined in the Pittsfield Chapter
Township Engineering Standards. The Township Planning Commission,
after considering a recommendation made by Department of Utilities
and Municipal Services (the "Department") staff, may approve payment
by the depositor to the Township's Sidewalk Reserve Fund in lieu
of constructing sidewalks/pathways.
A. The Department shall make a recommendation to the Planning Commission
whether to permit payment-in-lieu of sidewalk/pathway construction.
Such a determination shall be made on the basis of the following criteria:
(1) The frequency and volume of pedestrian traffic in the subject area;
(2) Site features which make sidewalk/pathway installation and/or maintenance
not feasible, including but not limited to poor soil, steep slopes,
or proximity to wetlands;
(3) Proximity to and connectivity with existing nonmotorized amenities.
B. A payment-in-lieu of sidewalk/pathway construction as permitted by
this article shall be a sum of cash money deposited in the Township
Sidewalk Reserve Fund account by the applicant. The amount of the
deposit shall be, at minimum, equal to the estimated cost of construction
of the sidewalk/pathway for which payment is being made in lieu of
construction. The amount of the deposit shall be as determined by
the engineer's estimate and approved by the Department of Utilities
and Municipal Services and shall include any fees which the Township
would require for the construction of the sidewalk/pathway.
C. The Sidewalk Reserve Fund account shall be administered by the Township
Finance Department. All monies deposited in the account shall be reserved
in that account and used only for the construction, repair and/or
maintenance of public sidewalks, pathways and other nonmotorized amenities
in the Township.
(1) The Finance Department shall maintain a record of each deposit made,
including the amount and date of deposit, the name of the depositor,
name of the property owner, and the location of the property for which
payment-in-lieu is being made.
(2) In the event that the Township and the depositor agree after a payment-in-lieu
of construction has been made that sidewalk/pathway will be constructed
by the depositor, the deposit in question will be refunded or released
to the depositor only upon completion of construction of the sidewalk/pathway.
Such refund shall not include any interest which has accrued as a
result of the deposit in question. The depositor may request a refund
only within the first 90 days following the making of a deposit.
(3) The Township shall not assess a property for which payment-in-lieu
of sidewalk/pathway construction has been made at any future date
for sidewalks/pathways for which the payment was made.
D. The Township may order the construction of public sidewalk, pathways
or other nonmotorized amenities and pay for such with funds available
in the Sidewalk Reserve Fund account, including on property for which
payment-in-lieu of construction has been made.
E. Interest earned by the Sidewalk Reserve Fund account shall remain
in the Sidewalk Reserve Fund account and shall not be credited to
any third party or used for any purpose other than the purposes for
which the Sidewalk Reserve Fund was established by the Township.
Where sidewalk defects creating pedestrian hazards are caused
by conditions existing upon an abutting property, such as, but not
limited to, trees or other growth, surface drainage, on-site construction
or vehicular traffic, or other on-site activities, the abutting property
owner shall be responsible for its repair, maintenance and/or safe
condition, and liable for all consequential injuries, damages, expenses
or costs resulting from the condition and lack of repair or maintenance
and unsafe condition. Such liability shall include full indemnification
of the Township for any damages, costs or expenses resulting from
such owner defaults as well as liability to others. The foregoing
liability and responsibility shall apply without notice or hearing.
Except as provided in §
28-10B, written notice shall be given to the owner or occupant of the premises upon which a violation of §
28-6 or
28-9 has occurred specifying a reasonable period of time for correction and/or compliance. Upon failure to correct the violation in the specified period of time the violation shall become a municipal civil infraction subject to the penalties established in Chapter
2, Article
V, Municipal Civil Infractions; Civil Fines and Penalties, of this Code. If the violation is deemed to be a threat to the health, safety or welfare of the public, the requirement for a written notice of the violation may be waived.