[Adopted 2-25-2015 by Ord. No. 317 as Ch. 28, Art. II, of the 2015 Pittsfield
Charter Township Code]
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.
A.
The owners of all lots and premises within the Township are required
to maintain, repair and keep safe sidewalks adjacent to or upon their
lots and premises in or along the public street and alley rights-of-way
in the Township.
B.
It shall be the duty of all owners of premises within the limits
of the Township to keep all cement, asphalt and concrete walks, and
sidewalks that have been laid in front of, upon or adjacent to such
premises in or along any of the street or alley rights-of-way in good
repair and free of dangerous ice, snow or other dangerous obstructions
and/or conditions. Any owner of any such premises who shall allow
any such sidewalk to remain in disrepair or in a dangerous condition
shall be responsible and liable for injuries and damages arising out
of the disrepair or unsafe condition of the sidewalk. Such owner shall
further indemnify and reimburse the Township for all liability, costs
and expenses the Township might incur as a result of any such defective
or dangerous sidewalk.
A.
All sidewalks constructed or repaired shall comply with the following
specifications:
(1)
All sidewalks shall be constructed to grade established by existing
adjoining walks or, in the absence of the foregoing, by the Township
Engineer, and shall be paved with a single course of concrete using
limestone aggregate, which shall have a compressive strength of not
less than 3,500 pounds per square inch within 28 days of paving.
(2)
All sidewalks shall be at least five feet in width. Wider walks to
a maximum of 10 feet may be required by the Utilities and Municipal
Services Department in commercial or industrial areas or multiple-family
areas, due to anticipated traffic and the development of the area.
(3)
Paving shall be constructed on at least a four-inch-thick sand cushion
and shall be at least four inches in depth, except across driveways,
where it shall be at least six inches in depth. Paving joints shall
be perpendicular to sidelines at intervals consistent with adjoining
or abutting sidewalks and not greater than the sidewalk width. One-inch
expansion joints shall be placed through the walk at least every 50
feet, and between walks and slippery surfaces.
(4)
The surface shall be roughened with a mechanic's brush or other
equipment to prevent smooth and slippery surfaces.
(5)
Bicycle paths on or along public roads shall be constructed similar
to sidewalks and shall not be less than six feet in width.
B.
Under Public Act No. 359 of 1947 (MCL 42.31), a Township Board of
Trustees may construct, repair or maintain or may order the construction,
repair and maintenance of sidewalks for the health, safety and general
welfare of the residents of the Township after notifying the involved
property owners of the time and place of a hearing on such order.
Following the hearing it may either construct, repair or maintain
the sidewalk and assess the cost over a five-year period against the
abutting property owners or permit the owners within a specified time
to have the sidewalks constructed, repaired or maintained according
to Township specification at their expense. No work shall be commenced
until approved by either the County Road Commission or State Department
of Transportation having jurisdiction over the right-of-way within
which the sidewalk is located.[1]
C.
The cost of replacement or repair of a sidewalk to be charged against
a property owner shall be based upon actual cost or engineer's
estimates, less such subsidy or credit as the Township Board of Trustees
may allow.
D.
The Township Board of Trustees, in its discretion, may also, after
replacing or repairing a sidewalk, authorize collection of the costs
of such replacement or repair by civil process, counterclaim or such
other means as may be proper for the collection of debts by legal
process.
[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.
A.
Within 24 hours after the end of each accumulation of snow greater
than one inch, the owner or occupant of every property shall remove
the accumulation from the adjacent public sidewalk and walks and ramps
leading to a crosswalk. The accumulation may be from any source, including
precipitation and drifting. Furthermore, the removal of snow and ice
shall mean: free of snow and ice for the entire constructed width
and length of the sidewalk, including walks and ramps leading to a
crosswalk.
B.
If the owner or occupant fails to remove snow or ice within 24 hours of a notice of violation of § 28-10 having been served by attaching to the door, mailing by first class mail, or personal service, the Township may cause such snow or ice to be removed at the expense of the property owner. The owner of record shall then be charged the actual cost of the sidewalk clearance (time and material), plus an administrative fee as set forth in the Township fee schedule. All charges which remain unpaid as of October 1 of the current year shall become a lien against the subject property and may be added to the tax rolls for the property. One notice of violation per parcel per season shall be deemed adequate notice for the entire snow and ice removal season.[1]
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.
