[Adopted during codification; see Ch. I, General Provisions,
Article II]
It shall be unlawful for any person to take up or remove all
or any part of a curb or a sidewalk without first obtaining permission
to do so from the Somerville Engineering Department and having obtained
a Road Opening Permit and/or a Sidewalk Obstruction Permit. The decorative
sidewalk located on Division Street between South and Main Streets
shall require a Road Opening Permit to remove or disturb.
All sidewalks where the grade has been or may hereafter be established
shall be laid under the supervision of the Somerville Engineering
Department and shall be constructed according to the following specifications:
A.
Sidewalks which are now wholly, or at least twenty percent (20%),
composed of Bluestone (slate) shall be replaced with same unless a
suitable alternate material described elsewhere in this section, and
approved by the Borough of Somerville for use, is used.
B.
Sidewalks which are located within the perimeter boundaries of any
designated Bluestone preservation area, conservation area or any historic
area, district, or zone, and which are in any fashion disturbed, altered,
or removed, shall be constructed of or replaced only with Bluestone
unless a suitable alternate material described elsewhere in this section,
and approved by the Borough of Somerville for use, is used.
C.
The Bluestone Preservation Area referred to in Subsection B above, shall consist of all the sidewalks within the boundaries of the map attached hereto as Appendix A. The Borough Engineer may maintain a copy of the attached map for easy reference of any interested person along with a list of the specific blocks and lots incorporated therein. (Appendix A is included as an attachment to this chapter.)
Such sidewalks shall be at least four (4) feet wide, shall be
laid to a line and a grade to be furnished by the Borough and shall
be laid according to specifications provided by the Borough. The walks,
if concrete, shall be constructed with transverse expansion joints
according to Borough specifications. The space between the sidewalks
and the sideline of the street shall be graded to blend into the existing
ground line. The sidewalk and the space between the sidewalk and gutter
line of the street shall be graded off to the gutter, the surface
being pitched toward the gutter for surface drainage. If necessary,
grades will be provided by the Borough.
It shall be unlawful to construct or maintain a private cartway
or driveway consisting of any material not approved by the Borough
of Somerville and not constructed under the supervision of the Somerville
Engineering Department.
The owner or occupant of any dwelling, house, store or other
building or lot or lots of ground fronting or abutting on any public
street, avenue, alley or lane which has been graded shall at his own
expense well and sufficiently lay sidewalks in the manner provided
in this article in front of or adjacent to such premises and keep
and maintain the same in good repair.
The Council may, by resolution, cause a notice in writing to
be served upon the owner or occupant of any land abutting on any public
street, avenue, alley or lane, requiring said owner or occupant to
set curb or lay sidewalk or to cause the existing curb or sidewalk
to be reset, relaid, altered or repaired within a period of not less
than thirty (30) days after the date of service of said notice. Whenever
any lands are unoccupied and the owner or owners thereof cannot be
found within the Borough, the notice shall be mailed, postpaid, to
his post office address if the same can be ascertained. In case such
owner or owners are nonresidents or his post office address cannot
be ascertained, then the notice may be inserted for four (4) weeks,
once a week, in a newspaper circulated in the Borough. In the event
the owner or occupants of such land shall not comply with the requirements
of such notice, the Council shall, upon filing due proof of service
or publication of such notice, cause the required work to be done,
and the cost of same shall be ascertained and certified to the Tax
Collector, to become a lien upon the abutting lands in front of which
such work was done to the extent that assessments for local improvements
are liens, and shall bear interest from the date it is certified to
the said Tax Collector at the same rate of interest as other assessments,
and in addition thereto the Borough may maintain an action to recover
the said amount against the said owner or owners of said lands in
any court having competent jurisdiction thereof.
Land lying between the curb and a sidewalk and between the sidewalk
and the property line shall be maintained at a uniform grade or surface
and shall be neatly and sufficiently covered with gravel, broken stone,
screening, grass or sodding.
No person shall drive a wagon, automobile or other vehicle across
or along any sidewalk, except on a driveway, without first thoroughly
covering such sidewalk so as to protect it from damage. However, driving
on the multi-use surface on Division Street is permissible if authorized
by the Borough.
The owner or tenant of land abutting upon the sidewalk of any
street or avenue shall remove all snow and ice from such sidewalk
within twelve (12) daylight hours after same shall have formed or
fallen thereon.
The owner or tenant of land abutting or bounding upon the sidewalks
of any street or avenue shall, when such sidewalks may become icy
or otherwise slippery, place thereon ashes, sand, cinders, sawdust
or other material designed to prevent pedestrians from slipping and
falling, and shall at all times keep such sidewalks in a safe and
passable condition.
[Amended 3-21-2022 by Ord. No. 2665]
Any person who shall violate any of the provisions of this article
shall be subject to a fine of $100 for failing to remove snow or ice.
Each day such violation continues shall constitute a separate offense.
