[Adopted 6-11-1991 as Ord. No. 15-1991]
When, the determination of the Dover Shade Tree
Commission or the Department of Streets, Roads and Parks, a shade
tree has damaged a portion of sidewalk necessitating repairs, such
repairs shall be performed at the expense of the town. If a homeowner
desires the balance of the sidewalk, not affected by the shade tree,
to be replaced by the municipality, at the same time that they are
making the repairs to the damage to the sidewalk caused by the shade
tree, the Department of Streets, Roads and Parks is hereby authorized
to rebuild such sidewalk, but at the sole cost and expense of the
homeowner.
The municipality shall be reimbursed for the
full cost, including administrative charges, for any portion of sidewalks
replaced in conjunction with the repair of sidewalk resulting from
damage by shade trees. The homeowner shall be advised of the cost,
including administrative costs, that would be charged in the event
that he or she requests the balance of sidewalk to be replaced. The
estimated cost as determined by the Town Engineer shall be paid in
advance and a written agreement shall be entered into between the
Town and the property owner. Only those properties affected by shade
trees, where the Town is repairing such sidewalks, shall be eligible
to participate in this program.
This program shall be permissive and not mandatory
and shall depend upon the availability of municipal manpower and equipment
in making the program available.
