[Adopted 3-3-1986 by Ord. No. 135-86; amended in its entirety 2-6-2006 by Ord. No. 229-06]
When the Town determines it shall be in the
best interest of the Town, it may order that sidewalks be constructed
within the public rights-of-way. Sidewalks may be constructed on either
or both sides of said right-of-way.
Said notice of construction will be sent by
the Town Manager or his/her agent to the abutting property owners
by certified mail at least 30 days prior to the commencement of construction.
A meeting with affected property owners shall be held prior to construction.
Unless otherwise agreed between the Town and affected property owners, the Town shall construct and/or arrange to be constructed all sidewalks, and the Town shall assume and pay all costs of engineering, site preparation and construction of sidewalks on accepted streets and public highways within the Town, except as provided for in § 212-18.
Sidewalks shall be constructed of portland cement
concrete, unless the Director of Engineering and Highways prescribes
otherwise.
The Town shall pay for all costs and expense
of repair of all public sidewalks. The Town Manager shall determine
what repair is reasonably necessary in the interest of public safety.
No person shall cause any damage to any public
sidewalk. Any person who causes damage to such sidewalk shall pay
for the cost of repairing or replacing the same. He shall further
pay for any other consequential damage, loss and liability arising
out of said damage. If any owner shall fail to repair any sidewalk
in accordance with the Town directive, the Town Manager may cause
the same to be done. The expense and cost of thereof shall be charged
to the owner of the abutting property. Upon failure of such owner
to pay such expense and cost within 60 days, the Town Manager shall
file a lien against the property affected. Such lien may be enforced
and collected in the same manner and under the same dictates as are
provided by law for the collection and enforcement of tax liens. After
such public sidewalks have been constructed and approved, they shall
be subject to the provisions of this article.
The Town Manager, together with the Chief of
Police, Director of Engineering and Highways, the Superintendent of
Schools, and the Planning and Zoning Commission, shall give continuing
study and consideration to the need for sidewalks. The Manager shall,
from time to time, make reports and recommendations to the Council.
A.
The cost of construction of public sidewalks in proposed
subdivisions of the Town shall be borne by the respective developers.
Developers of bona fide subdivisions approved by the Planning and
Zoning Commission shall post sufficient bond to construct sidewalks
as shown on their approved plans. Failure to complete the sidewalk
construction will result in bond forfeiture.
B.
The cost of construction of public sidewalks, as directed
by the Town Manager or his agent, in all business, commercial, and
industrial zones shall be borne by the abutting property owners; if
any abutting owner shall fail to construct any sidewalk in accordance
with any Town directive, the Town Manager may cause the same to be
done. The expense and cost thereof shall be charged to the property
owner. Upon failure of such owner to pay such expense and cost within
60 days, the Town Manager shall file a lien against the property affected.
Such lien may be enforced and collected in the same manner and under
the same dictates as are provided by law for collection and enforcement
of tax liens. After such public sidewalks have been constructed and
approved, they shall be subject to the provisions of this article.
If a developer of a proposed subdivision obtains
a sidewalk waiver from the Planning and Zoning Commission, a fee in
a sufficient amount to construct the walk, as established by the Director
of Engineering and Highways, shall be imposed and placed in a sidewalk
fund. This fee shall be submitted to the Town of Rocky Hill and will
become a condition of Planning and Zoning Commission approval even
if it is not so stated.
Any decision of the Town may be appealed to
the court with jurisdiction in the Town of Rocky Hill.
