[Ord. No. 131,
§ 1, 5-21-2007]
This article is adopted pursuant to and in accordance with the
authority set forth in MCL § 41.181, as amended.
[Ord. No. 131,
§ 2, 5-21-2007]
[Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:]
Right-of-way shall mean the entire area owned or dedicated
to the Road Commission of Macomb County or other governmental agency
or entity for public use as a street, sidewalk, easement, landscape
area or other public place.
Sidewalk shall mean any walkway, passage or traveled path
alongside a street or highway generally used by the public without
regard to its present surface.
Street shall mean that portion of a public thoroughfare improved,
designed, or ordinarily used for vehicular traffic, including curbs
on paved roads and shoulders on unimproved thoroughfares.
[Ord. No. 131,
§ 3, 5-21-2007]
(a)
Installation. Sidewalks shall be installed as required in the Charter
Township of Chesterfield Zoning Ordinance, being Ordinance No. 110,
as amended, and codified at sections 76-1 through 76-781 of the Charter
Township of Chesterfield Code of Ordinances.
(b)
Permit required. No person shall construct or repair a sidewalk without
a sidewalk permit or authorization granted in connection with another
township permit.
[Ord. No. 131,
§ 4, 5-21-2007]
[Ord. No. 131,
§ 5, 5-21-2007]
(a)
Application. Where not otherwise authorized under another township
permit, the building department is authorized to issue a sidewalk
permit upon application forms provided by the department.
(b)
Information required. The sidewalk permit application shall contain
at least the following information:
(1)
Date of application and name and address of the owner of the
property, providing any identifying data and documentation required
by the building department.
(2)
Description by way of site or plot plan of the sidewalk to be
constructed or repaired, including estimated square feet of construction,
a description of location relative to the public right-of-way and
proposed grades.
(3)
A statement signed by the applicant and owner agreeing to the
specifications and regulations of this article.
(4)
An estimate of the costs associated with the installation of
the sidewalk.
(c)
Other approvals. Where the sidewalk to be constructed will be located
in whole or in part in the right-of-way adjacent to the road under
the jurisdiction of the state highway department or County Road Commission
of Macomb County, the applicant shall be responsible for obtaining
approval from the applicable government entity.
(d)
Fees. The building department shall charge a fee for the issuance
of any sidewalk permit in an amount established by resolution of the
township board. Inspection fees shall be paid to the building department
in an amount established by resolution of the township board.
[Ord. No. 131,
§ 6, 5-21-2007]
It shall be the duty of every owner of land within the township
to keep and maintain the sidewalk located upon the public right-of-way
contiguous to such owner's property, or any other sidewalk located
on such property of the owner that may be open to the public in the
following manner:
(1)
Free from any and all defects of every kind and nature and maintained
in a condition of good repair under guidelines promulgated by the
building department and adopted by the township board.
(2)
Free from any and all deposits of debris, rubbish, or other objects
which might or could be hazardous to persons using the sidewalk.
(3)
Free and clear from accumulations of snow, ice and water.
(4)
Free from obstructions encroaching from adjacent property, including
but not limited to overhanging tree limbs, bushes, and the like.
(5)
Free from obstructions from adjacent property interfering with site
distance lines, at driveways and other sidewalks intersecting such
sidewalk. A clear and unobstructed site triangle must be created using
as a base leg from the site obstruction to any sidewalk, or driveways
or sidewalks intersecting such sidewalk, of 15 feet.
[Ord. No. 131,
§ 7, 5-21-2007]
Sidewalks provided by a developer, which are damaged prior to
occupancy, shall be repaired by the developer prior to the date of
final occupancy; or, in situations where repairs cannot be made, an
adequate cash escrow for repairs shall be posted with the township,
which shall be accepted or unaccepted at the sole discretion of the
township.
[Ord. No. 131,
§ 8, 5-21-2007]
(a)
Duty. The owners of property jointly and severally shall, in accordance
with this article, maintain the sidewalk free from defects and encroachments
and in good repair. When the sidewalk requiring repair or reconstruction
is contiguous to more than one lot or parcel, costs of such repair
or reconstruction shall be prorated on the basis of front footage
between the property owners. The failure of one abutting property
owner to undertake such repair where such sidewalk abuts more than
a single parcel shall not excuse the remaining property owners from
the duties established in this article.
(b)
Written notice. Upon determination by the township building official, or other individual appointed by the township board of trustees, that any sidewalk or portion of a sidewalk is in need of repair or elimination from encroachment, as described in this article, the township building official or ordinance enforcement officer, or other individual appointed by the township board of trustees, shall serve a written notice upon the owners of the properties contiguous to the portion of such sidewalk requiring repair or elimination of encroachment. Written notice shall not be required for matters described in subsections 14-226(2), (3) and (4).
(1)
Determination of property owners. Owners of the property shall
be determined from the most current township tax assessment roll.
(2)
Service of notice. Such owner shall be notified by delivery
of a copy of such notice personally by leaving a copy of such notice
with some person of suitable age and discretion who is a member of
the household at the residence of such owner, or by mailing a copy
of such notice by certified mail addressed to the owners of the property
determined from the most current township tax assessment roll.
(3)
Action required. Any owner of property upon whom service of the notice shall be made shall apply for and complete a permit application as required in sections 14-224 and 14-225 of this article within 30 days of receiving the notice. Property owners shall pay all applicable application and inspection fees. All repairs or elimination of encroachment shall be completed within 60 days from the date of the notice.
[Ord. No. 131,
§ 9, 5-21-2007]
(a)
Failure to comply. If the owner shall fail to cause such work to
be completed within such time and has not yet otherwise agreed to
the repairs being performed in a method approved by the township,
the building official shall notify the township board of such upon
the expiration of the sixty-day period. The township board shall thereafter
cause the repairs and/or elimination of encroachments to be made and
shall certify the total cost, together with an additional fee of 25%
for engineering supervision and general administrative expense to
the township supervisor, who shall levy such amount against the property
on the next succeeding tax assessment roll.
(b)
Lien against property. From and after the date of certification to
the supervisor by the township board, such amount shall constitute
a lien upon the premises; and such tax shall be collected by the township
treasurer in the same manner as taxes and other assessments under
general property tax laws.
(c)
Proration of costs. When the sidewalk to be repaired is contiguous
to more than one lot or parcel of land, the total cost of such repair,
if repairs completed under this article, shall be prorated for assessment
purposes on the basis of front footage repaired of the lots or parcels
effected.
[Ord. No. 131,
§ 10, 5-21-2007]
(a)
Appeal procedure. Any person seeking an appeal from the provisions
of this article shall submit an application for appeal on a form approved
by the township board and provided by the building department and
pay any fee established by resolution of the township board. Any appeal
from issuance of a notice for repair or removal of encroachment must
be made within 10 days from the date of mailing or personal service
of the notice form provided in this ordinance.
(b)
Factors to be considered. In making its determination, the township
board shall consider the following:
(1)
Any recommendation submitted by the DPW.
(2)
Any recommendations submitted by the building department.
(3)
Any recommendations or opinion of the township engineer.
(4)
The provisions, intent and purpose of this article.
(5)
The character and use of land and buildings in the general and
immediate vicinity.
(6)
The number of persons residing or working in the general and
immediate vicinity.
(7)
Any other relevant evidence it may determine to be necessary
and pertinent to its determination.
[Ord. No. 131,
§ 11, 5-21-2007; Ord. No. 131-01, 1-20-2009]
(a)
Authorized. In addition to any other permits or fees required in
this article, the township board shall establish by resolution a sidewalk
repair fund fee charge. Upon the issuance of any permit under this
article, in addition to the sidewalk permit fee a sidewalk repair
fund fee shall be required to be paid, which shall be deposited in
a sidewalk repair fund which shall be used exclusively to repair sidewalks.
(b)
No relief or modifying of liability. Establishment of this fund does
not modify the obligation of the adjoining property owners with regard
to repair and maintenance of sidewalks, nor does it limit or relieve
persons installing such sidewalk from liability for defects in workmanship,
materials or the like.
(c)
Authorization of repairs and maintenance. The township board, upon
the recommendation of the building official, may authorize expenditures
for repairs and maintenance. With respect to appropriating the repair
funds, the property owner will pay 100% of the cost of repair.
[Ord. No. 131,
§ 12, 5-21-2007]
Any person, firm or corporation, who shall violate any of the
provisions of this article shall, upon conviction thereof, be subject
to a fine of not more than $500 and/or by imprisonment in the county
jail for a period not to exceed 90 days, or by both such fine and
imprisonment.
