[Adopted 7-11-2001 by Ord. No. 2001-12]
A.
Any person proposing to install, replace or reconstruct any portion
of the public pedestrian sidewalk, or adjacent area between the sidewalk
and curb, on either side of the Boulevard from the western side of
Michigan Avenue to the light at Coolidge Drive shall finish the surface
of such area with brick paving materials which are the same or as
closely similar to the brick paving surfaces which have already been
installed by the Borough within the designated area.
B.
The purpose of this section is not only to create an aesthetically
pleasing downtown central business district but to establish uniformity
of construction and design which is continuous throughout the designated
area.
C.
No permit for the removal and installation, replacement or reconstruction
of any public sidewalk, or adjacent area between the sidewalk and
curb, within the designated area shall be issued until the design
criteria set forth herein has been verified and confirmed by the Borough
Engineer.
D.
Landowners within the business district that currently have sidewalks
in need of repair and do not have brick pavers for any portion of
their sidewalks within their lot and block may elect to replace their
entire public sidewalk and the adjacent area with concrete. The installation
of the new sidewalk shall conform to the standards imposed, and the
installation shall be inspected and approved by the Borough Engineer.
[Added 6-9-2010 by Ord.
No. 2010-08]
E.
The cost of the replacement of the sidewalk with concrete rather
than brick pavers shall be borne exclusively by the landowner and
not be a cost assessed or otherwise taxed to a tenant for upkeep,
maintenance or rent.
[Added 6-9-2010 by Ord.
No. 2010-08]
F.
Any landowner who shall violate this section shall, upon conviction
within the Municipal Court, be subject to a fine of not more than
$2,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof
in the discretion of the Municipal Court Judge.
[Added 6-9-2010 by Ord.
No. 2010-08; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
The Construction Official, Zoning Officer and Borough Engineer shall have concurrent authority to enforce the provisions of this article. Any person who violates the provisions of this article by installing, replacing or reconstructing a public sidewalk or adjacent area which fails to substantially conform to the criteria established in § 170-31A shall, upon conviction, be required to remove the nonconforming surface and replace it with a conforming surface.
