Every owner of property in the Borough of Milford shall, on 30 days' written notice from the Borough Council, construct a sidewalk in accordance with the provisions of this article in front of or alongside of such property.
The owner of any premises abutting a sidewalk in the Borough of Milford shall, at his own cost and expense, keep and maintain such sidewalk in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that any such sidewalk or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner; at his own cost and expense, shall, with all expeditious speed, reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair.
In the event that the abutting owner fails to construct a sidewalk after notice as provided in § 260-34 above, or fails to reconstruct or repair his sidewalk or curb or such part thereof as may require reconstruction or repair, as provided in this article, the Borough Council may cause the said improvement or work to be done under the supervision of the Chairman of the Street Committee or the Borough Engineer or may award a contract therefor, and the cost thereof shall be assessed against the property of the abutting owner in accordance with the law in such case made and provided.
All new sidewalks constructed by an abutting owner shall be constructed in accordance with the line and grade established by the Borough Engineer. All old and existing sidewalks reconstructed or repaired by an abutting owner shall be reconstructed or repaired in accordance with the existing line and grade, unless such line or grade is changed by the Borough Engineer. It shall be the duty of the abutting owner, in all instances, to make inquiry of the Borough Engineer respecting such line and grade.
Every sidewalk constructed, reconstructed or repaired shall be in accordance with specifications prepared by the Borough Engineer and approved by the Borough Council, which specifications are hereby incorporated into and made a part of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall construct or cause to be constructed a driveway over any sidewalk, or cut or cause to be cut any curb on any street of the Borough, without obtaining a permit therefor from the Chairman of the Street Committee. Street encroachment permits shall be issued only under the following conditions:
A.
Plans. No permit shall be issued until a plan for the proposed driveway and/or curb cut is filed with the Chairman of the Street Committee.
B.
Width and location restrictions. No permit shall be issued for the establishing of any curb cuts or the cutting of any established curbs for more than a continuous length of 32 feet for each opening. No cut shall be made, established or permitted nor shall a driveway be constructed within 10 feet of a corner in any direction; provided, however, that where the strict application of these restrictions would cause unnecessary hardship to the applicant, the Council may, in its discretion, permit such other driveway construction or curb cuts as would not create danger or hazard to vehicular or pedestrian traffic.
C.
Specifications. Every driveway constructed over a sidewalk and every curb cut made shall be in accordance with specifications prepared by the Engineer and approved by the Borough Council, which shall include any stormwater controls that may need to be installed.
D.
The Chairman of the Street Committee shall determine if the proposed street encroachment plans require review by the Borough Engineer.
E.
The applicant shall pay the street encroachment permit fee established by the Borough Council at the time of application, as well as any engineer review fees incurred by the Borough.
[Added 4-4-1999 by Ord. No. 319]
A.
Sidewalks may be partially obstructed, as defined herein, for the purpose of the outdoor display of merchandise or the placement of tables and chairs for a restaurant, cafe or deli, provided the business obtains a sidewalk encroachment permit, and pursuant to the following conditions and regulations:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) SIDEWALK DISPLAY
Definitions. As used in this section, the following terms shall have the meanings indicated:
The outdoor placement of merchandise offered for sale or rent or the placement of tables and chairs for the outdoor consumption of food and beverage.
(2)
Regulations.
(a)
Only businesses in the Commercial District holding business zoning permits are eligible to participate. The goods, wares and/or services displayed or consumed must be such as would normally be sold by the applicable business. They may only be displayed or consumed on sidewalks in front of the normal business location for that enterprise. The use of business fronts by businesses from other locations is specifically prohibited. In each location, the merchandise must be placed within three feet of the building front and the vendor must maintain an unobstructed sidewalk area of not less than five feet for the use of regular pedestrian traffic. This area shall be in addition to the area of the sidewalk used for the sidewalk display.
(b)
The business shall obtain a sidewalk encroachment permit from the Zoning or Code Enforcement Officer and shall notify such officer of any changes. An annual inspection shall be done in the summer of each year to confirm conformance with the permit.
(c)
The applicant must agree to indemnify the Borough and hold it harmless from any claims for injury to persons or property caused by the occupation of the sidewalk of the Borough for the purpose set forth herein. The applicant must present a certificate of insurance indicating that the Borough is named as a named insured on the liability policy of the applicant with coverage of at least $1,000,000 per incident.
(d)
The Zoning Officer shall issue a permit to all applicants that comply with this section.
(3)
Permit fee. The applicant for the sidewalk encroachment permit shall pay the fee established by the Borough Council at the time of application.
B.
Such permits shall expire at the date of expiration of the insurance as indicated on the insurance certificate or sooner upon notice to the Borough that the insurance shall have been cancelled or otherwise terminated. The permit may be extended upon proof of an extension of insurance and then only for the period of such insurance.