Chapter 145

STREETS AND SIDEWALKS

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 3-19-1973 (Article 23; Article 21, Section 21.4; and Article 11, Section 11.3, of the 1973 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Grading and sediment control -- See Ch. 88.

Historic area zoning -- See Ch. 93.

Subdivision of land -- See Ch. 148.

Trees -- See Ch. 156.

Vehicles and traffic -- See Ch. 160.

Zoning -- See Ch. 170.

ARTICLE I

Construction or Alteration

~ 145-1. Permit required.

It shall be unlawful for any person, firm, partnership, association, corporation, company or organization to begin to construct, reconstruct, repair, alter, grade, dig up, cut, break, destroy or grade any sidewalk, curb, curb cut, driveway, bridge, pavement, culvert or drainpipe, ditch, tree, traffic control device, streetlight, utility pole or other facility or area within the public streets of the town without obtaining a permit from the Mayor as provided in this Article.

~ 145-2. Application and contents.

An applicant for a permit hereunder shall file with the Mayor an application showing the following:

A. The name and address of the owner or agent in charge of the property abutting the proposed work area.

B. The name and address of the party doing the work.

C. The location of the work area.

D. Attached plans showing details of the proposed alteration.

E. The estimated cost of the alteration.

F. Such other information as the Mayor shall find reasonably necessary to the determination of whether a permit should issue hereunder.

~ 145-3. Fees.

The Mayor and Council of the Town of Chestertown shall from time to time set and enact by resolution such fees as deemed necessary to cover the costs of administering the provisions of this Article. Fees shall be of two (2) types; filing fees and inspection and engineering fees.

A. Filing fees. The filing fees shall be flat rate fees, regardless of the estimated cost of the work.

B. Inspection and engineering fees. Inspection and engineering fees for services performed on behalf of an applicant or permittee hereunder shall be computed from a schedule of charges based on anticipated actual costs.

~ 145-4. Bonding requirements; compliance required.

A. Construction and maintenance bonds.

(1) The Mayor shall have the authority to require an applicant hereunder to file a bond conditioned to protect and save harmless the town from all claims for damages or injury to other persons by reason of such alteration work. The bonds shall accompany an application for a permit hereunder.

(2) In cases where the estimated cost of the project shall exceed five hundred dollars ($500.), the Mayor shall require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to one-half (1/2) of the estimated cost of the project and conditioned that such work shall be done in accordance with the town standard specifications and guaranteeing the same for a period of one (1) year.

B. Noncompliance; subsequent action. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this Article, the Town of Chestertown shall order the completion of the work by the town and shall recover the cost from the permittee as required by law.

~ 145-5. Standards for issuance of permit.

The Mayor shall issue a permit hereunder when he finds that:

A. The work shall be done according to the standard specifications of the town, as may be established from time to time by the Mayor and Council, for public work of like character.

B. The operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of egress to and from the property affected and adjacent properties.

C. The health, welfare and safety of the public will not be unreasonably impaired.

D. The plans for the proposed operation have been approved by the Mayor and Council, to whom they shall be forwarded by the Mayor within a reasonable time after receipt thereof.

~ 145-6. Supervision and control.

All operations for which a permit is granted hereunder shall be under the direction and supervision of the Mayor and Council or its representative, and the Mayor and Council shall have the authority to cause all operations for which a permit is granted hereunder to cease when the permittee fails to comply with any of the standards as specified under ~ 145-5 of this chapter.

~ 145-7. Alteration of curb cuts or other facilities.

A. Notification. Where the use, convenience and necessity of the public require, the Mayor and Council shall have the authority to order the owners or agents in charge of property adjacent to which curb cuts or other facilities are maintained to alter the curb cut or other facilities in such a manner as shall be reasonably necessary under the circumstances.

B. Contents of notice. The notice required by this section shall require compliance by the permittee within thirty (30) days of said notice, shall be in writing and shall be served upon the permittee as required by law.

~ 145-8. Violations and penalties.

A violation of the term of this Article shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.

ARTICLE II

Brick Sidewalks

~ 145-9. Legislative findings.

A. The Mayor and Council of Chestertown have received numerous requests to preserve the brick sidewalks in front of the old colonial homes and buildings of Chestertown;

B. It is the desire of the Mayor and Council to carry out, wherever possible, the wishes of the majority of the citizens of said town when the same are to the best interest and advantage of its citizens; and

C. The cost of renewing, repairing or maintaining a brick sidewalk is greatly in excess of renewing, repairing or maintaining a concrete sidewalk.

~ 145-10. Preservation of sidewalks; payment of costs for subsequent maintenance.

Whenever the owner or owners of a lot in Chestertown having a brick sidewalk in front of such lot, and on such lot there is situated an old colonial dwelling or building, shall request the Mayor and Council of Chestertown that such brick sidewalk be preserved, the Mayor and Council shall preserve such brick sidewalk; provided, however, that simultaneously with the making of such request, the owner or owners of such lot shall agree to pay the cost and expense of renewing, repairing or maintaining such brick sidewalk. If the owner or owners of such lot will agree to have such brick sidewalk laid or set in concrete and will, further, agree to pay the original excess cost of laying or setting the brick sidewalk in concrete over the cost of a cement sidewalk, then the Mayor and Council of Chestertown shall, after such brick sidewalk was laid or set in concrete, pay the cost of renewing, repairing or maintaining such brick sidewalk so laid or set in concrete.

ARTICLE III

Sidewalk Maintenance; Snow and Ice Removal

~ 145-11. Maintenance of sidewalks in good repair required; notification and subsequent action upon noncompliance.

It shall be the duty of all owners of property abutting or adjacent to any sidewalk, whether such sidewalk is in a public way or subject to public easement, to maintain such sidewalks in good repair. If the Mayor and Council of the town finds that necessary repairs are not being made, they shall notify the property owners at fault, in writing, as to the nature of the corrective action required. If at the end of thirty (30) days the property owners involved have not taken corrective action, the Mayor and Council may authorize improvements and assess liens against the property involved, such liens to be collected in accordance with the procedure specified in ~ C2-8B(34) of the Municipal Charter of the Town of Chestertown.

~ 145-12. Removal of snow and ice; violations and penalties.

A. Time limit for removal. The occupant or occupants of any real and leasehold estate shall clean off or cause to be cleaned off the snow or ice that may accumulate on the sidewalks along said property. In case any real or leasehold property is unoccupied, then the owner or owners of the same shall clean off or cause to be cleaned off the snow or ice that may accumulate on the sidewalks passing along said property. Such snow or ice shall be cleaned off within twenty-four (24) hours after the same has accumulated, which period, in the case of snow, shall date from the hour of abatement of each particular snowfall.

B. Penalty provisions. A violation of the terms of this Article shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.

ARTICLE IV

Prohibited Use of Streets and Sidewalks

[Added 3-4-1991 by Ord. No. 2-91]

~ 145-13. Permit required.

It shall be unlawful for any individual, association, corporation or organization to use the streets, sidewalks, public rights-of-way or town-owned property for any event or activity without first obtaining a permit from the town as provided in this Article.

~ 145-14. Application and contents.

An applicant for a permit hereunder shall file with the town a permit request providing the following:

A. The name, address and telephone number of the individual, association, corporation or organization proposing an event or activity.

B. The location and time of the event or activity.

C. The reason the event or activity is being held and the extent to which said event or activity will be in the public interest.

D. Such other information as the town shall find reasonably necessary to determine whether or not to allow the event or activity.

~ 145-15. Expressly prohibited activities.

It shall be unlawful for any individual, association, corporation or organization to obstruct the public streets, sidewalks, public rights-of-way or town-owned property with unauthorized objects, including but not limited to portable signs, benches, commercial flags, construction equipment and vehicles.

~ 145-16. Applicability of other provisions.

This Article in no way supersedes or replaces those prohibited activities cited in Chapter 160, Vehicles and Traffic, or Chapter 123, Parades. Further, all requirements of Chapter 130, Peddling and Soliciting, must be met in addition to these requirements when using the public rights-of-way.

~ 145-17. Denial of permit.

Whenever the town finds that an activity requested under ~ 145-14 is not in the public interest or represents a threat to public safety or is not an historically accepted event or activity it shall deny the permit application.

~ 145-18. Obstructions representing hazards.

Whenever the town shall find a prohibited obstruction on the public right-of-way and deem that said obstruction jeopardizes public safety, presents an imminent danger to the public or represents a liability to the town, the town may immediately remove the obstruction from the right-of-way to a place where it no longer represents a hazard. The owner of the obstruction may recover the object or objects only after paying the municipal infraction in ~ 145-19.

~ 145-19. Violations and penalties.

A violation of the term of this Article shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.