For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings indicated:
A person or firm currently licensed by the Town of Newington
to install and/or repair sidewalks.
The duly elected legislative body of the Town.
That area along a public highway reserved and constructed
for pedestrian traffic.
A plan submitted by a potential developer for development
of a residential, commercial or industrial area to the Town Plan and
Zoning Commission in conformance with the Subdivision Regulations
of the said Commission.
No person, except an approved contractor, shall construct, reconstruct,
repair, alter or grade any public sidewalk in the Town without first
obtaining a permit from the Town Engineer as provided by this article.
An approved contractor shall secure a permit for all construction,
reconstruction and repair from the office of the Town Engineer prior
to initiation of any sidewalk work. The permit will require the following
information:
A.
The location of the work to be performed.
B.
The name and address of the party doing the work.
C.
A description of the work to be performed. (The Town Engineer may
require plans to be filed with the application when new sidewalk construction
is involved.)
D.
The estimated cost of the alteration.
E.
Such other information as the Town Engineer shall find reasonably
necessary to the determination of whether a permit should be issued
within the provisions of this article.
A permit fee to cover administrative and inspection costs of 1% of the total estimated cost of the work to be performed under the requested permit shall accompany the application. The minimum permit fee shall be as provided in § 225-1 of this Code. The permit fee may be waived by the Town Manager for all work to be performed under contract to the Town.
Before a permit is issued, the following bonds and proof of
insurance shall be filed by the approved contractor with the Town
Engineer:
A.
Performance bond. A performance bond in the amount of $5,000 shall
be executed by the approved contractor and endorsed on forms furnished
by the Town and shall cover the period January 1 through December
31 of a given year.
B.
Indemnity bond. A bond conditioned to protect and save harmless the
Town from all claims for damages or injury to other persons by reason
of such work.
C.
Insurance requirements. A proof of insurance certificate shall be
furnished to the Town of Newington by the approved contractor covering
the period January 1 through December 31 of a given year and shall
include coverage as determined by the Town's Risk Manager.
The Town Manager shall cause to be prepared standard sidewalk
specifications which shall be furnished to every applicant applying
for a sidewalk construction permit. It shall be the duty of the Town
Manager to cause all construction or repairs of sidewalks in the Town
to be inspected and to enforce compliance with such specifications.
All operations for which a permit is granted hereunder shall
be under the direction and supervision of the Town Manager or such
persons as he shall designate.
Any property owner within the Town who desires to construct
public sidewalks may do so at his own cost, provided that:
A.
The property owner shall engage an approved contractor to construct
said public sidewalk;
B.
The public sidewalk shall comply with the minimum standard specifications
which may then be in force with regard to the construction of public
sidewalks; and
C.
The public sidewalk shall comply with the line or grade, if any,
determined by the Town Engineer for public sidewalks on that street
or portion thereof.
A.
Generally. The owner or owners of any property which abuts or is
adjacent to a public sidewalk shall be responsible for maintaining,
as hereinafter required, that portion of the sidewalk which is adjacent
to his property.
B.
Snow and ice removal. Such owner shall remove any accumulation of
ice or snow within 12 hours after such snow and/or ice has ceased
to accumulate, or within such period as the Town Manager may order,
and if such owner shall fail to remove said accumulation of snow and
ice as aforesaid, the Town Manager may cause the same to be done,
the expense thereof to be paid by the Town and charged to the owner.
Upon the failure of such owner to pay such costs, the Town Manager
shall within 30 days file a lien against the property affected. Such
lien may be enforced and collected in the same manner as is provided
by law for the collection and enforcement of tax liens. Until it is
practical to remove ice, it must be temporarily sanded with an abrasive
or chemical substance (excluding pure salt compound) in accordance
with the requirements of this article.
C.
Obstructions; hazards. Such owner shall be responsible for maintaining
such public sidewalk free from all obstructions or materials which
may be hazardous to pedestrian traffic, such as dirt, sand, leaves,
branches, grass clippings, rocks or any other materials. If such owner
shall fail to maintain the sidewalk free from the accumulation of
such materials, the Town Manager may cause the same to be done and
may collect the cost thereof from said owner as above provided.
No person shall cause any damage to any public sidewalk in the
Town. Any person causing damage to any public sidewalk shall be liable
for the cost of repairing such damage in addition to any other liability.
The cost of construction, reconstruction or repair of any public
sidewalk shall be borne as follows:
A.
The Town shall, when authorized by the Town Council, bear the total
cost of sidewalk construction, reconstruction or repair.
B.
Unless specifically waived by the Town Plan and Zoning Commission,
all subdivision developments shall have sidewalks along the street
frontage of all lots, constructed in accordance with the Town specifications
and installed at the expense of the developer, as a condition precedent
to the acceptance of such proposed streets as public highways.
A.
No person shall use a public sidewalk in such a manner as to create
a hazard to pedestrian traffic. No person shall cause a motor-driven
vehicle, animal or any other type of object to travel along a sidewalk
in such a manner as to create a hazard for normal pedestrian use.
B.
No person shall permit any automobile, cart, wagon or any other type
of vehicle to remain standing on any public sidewalk.
