Notwithstanding anything herein to the contrary, the Borough of Sayre reserves the right to initiate action and/or respond to requests for permits pursuant to § 141-25 herein by exercising its judgment in the best interests of the Borough of Sayre and by taking into account such factors as available financial resources and the adoption of any formal plans in selecting those Borough blocks wherein new and/or total replacement of curbs shall take place.
A.
Where any owner of any property within the Borough of Sayre shall apply for a permit within the meaning of § 141-17 and/or 141-21 herein and pay the fee as provided respectively therein, the Borough of Sayre shall cause an inspection to be made to determine if there should be simultaneous construction and/or replacement of sidewalks and curbs and, for the purposes of said inspection, shall consider the condition of the sidewalks and curbs in the full Borough block wherein the subject property is located.
B.
If it is determined by the Borough of Sayre that simultaneous
construction of curbs and sidewalks is not required, then the provisions
of the applicable articles herein as to construction of sidewalks
and as to the construction of curbs shall control.
C.
If it is determined by the Borough of Sayre that simultaneous construction of curbs and sidewalks is required, then the Borough of Sayre will cause to replace and/or construct the curb at its own expense, provided that each owner of any property affected constructs, without benefit of rebate, sidewalks in accordance with the provisions of §§ 141-18 and 141-19 of Article IV herein.
D.
In those situations where it is determined by the
Borough of Sayre that a sidewalk has been constructed in accordance
with the terms of other provisions of this Part 3 or where, in the
sole judgment of the Borough of Sayre, the sidewalk is in such condition
as to not warrant replacement, then the property owner who is thereby
affected shall reimburse the Borough of Sayre on a 50/50 basis for
the installation of the curb.
E.
In the event that the Borough undertakes a major storm
sewer project, "major" being defined as a new system that includes
manholes, dry wells, catch basins and storm sewer pipes connecting
all of these units which drain to a central discharge point, the Borough
will pay 100% of the cost to replace any curb and/or sidewalk that
has to be replaced or repaired in the installation of the major storm
sewer project.
[Added 8-19-1991 by Ord. No. 683]
A.
Where it is determined by the Borough of Sayre that simultaneous construction of curbs and sidewalks is required, all owners of property affected will be determined and given the opportunity to join in the application for sidewalk construction, and each owner of property shall be so advised in accordance with the provisions of § 141-31, and should any owner fail to comply, provisions of § 141-32 shall control, as provided in Article IX herein.
