In all zoning districts except the Industrial zone, projects which require site plan review by the Planning Commission in accordance with Section 109-23.02 herein or projects for which a building permit is required, sidewalks shall be constructed on all sides of the property abutting a public street in accordance with the requirements of this Article 30.

(Ord. No. 144, 8-13-2019)

(a)

Site plans shall include the construction of any required sidewalk along the entire site frontage of the street or streets abutting the parcel. All sidewalks shall be installed in accordance with the requirements of this Article prior to the issuance of a certificate of occupancy. If weather delays the sidewalk construction, the applicant shall provide the Township with a performance guarantee in accordance with Section 109-23.10.

(b)

All planning, engineering, construction, and related costs to install and maintain sidewalks shall be the responsibility of the property owner(s) of the property fronted by and adjacent to the sidewalks.

(Ord. No. 144, 8-13-2019)

Sidewalks shall be a minimum of five feet wide, concrete, and constructed with a minimum thickness of four inches, increasing to six inches in areas that will be crossed by vehicles. Sidewalk designs shall meet or exceed minimum standards established by the Americans With Disabilities Act, as amended, or any other applicable law. Sidewalks shall be located within and along the outer edge of the road right-of-way where possible.

Precise sidewalk locations shall be determined by the zoning administrator or the planning commission when site plan review is required, by the Michigan Department of Transportation when it has jurisdiction, or by any other agencies with jurisdiction, because right-of-way widths are not consistent.

(Ord. No. 144, 8-13-2019)

(a)

Continuance. Notwithstanding any other provision of this chapter to the contrary, any sidewalk which was erected legally and which exists at the time of enactment of this article, but which does not conform to this article, is deemed to be nonconforming and may continue to exist subsequent to that time, as provided by this section.

(b)

Nonexistence. Those properties which, at the enactment of this article, do not contain and are not adjacent to sidewalks but would have had to include sidewalks had this article been previously enacted, may continue to exist without sidewalks as provided in this section.

(c)

Loss of legal nonconforming status. A legal nonconforming sidewalk shall immediately lose its legal nonconforming designation, and the right of a property to have no sidewalk shall immediately terminate, if any of the following occur:

(1)

The sidewalk is structurally altered in any way which tends to or makes it less in compliance with the requirements of this article than it was before.

(2)

The sidewalk is relocated to a position making it less in compliance with the requirement of this article.

(3)

The sidewalk is replaced.

(4)

The property with a nonexistent sidewalk is proposed for improvement which requires either site plan review or a building permit.

On the happening of any one of the above-mentioned subsections (c)(1), (2), (3) or (4), the sidewalk shall be constructed or improved in compliance with this article.

(Ord. No. 144, 8-13-2019; Ord. No. 147, § 2, 10-13-2020)

Routine repair to maintain a legal nonconforming sidewalk in a safe and aesthetic condition exactly as it existed at the time of the enactment of this article and so as to continue the useful life of the sidewalk shall not constitute an alteration of the sidewalk for purposes of this article.

If damaged, a legal nonconforming sidewalk may be restored to the condition exactly as it existed immediately prior to the damage if the estimated cost of restoration does not exceed 50 percent of the estimated replacement cost as determined by the township, based on a written estimate from a licensed contractor. If the estimated cost of restoration exceeds 50 percent of the estimated replacement cost, the right to continue using the nonconforming sidewalk shall terminate and the sidewalk shall be brought into full compliance with all applicable provisions and requirements of this article.

(Ord. No. 144, 8-13-2019)

No person shall permit any sidewalk which adjoins property owned by the person to fall into a state of disrepair or to be unsafe.

(a)

Repair.

(1)

Whenever the zoning administrator shall determine that a sidewalk is unsafe for use, written notice may be given to the owner of the lot adjacent to the sidewalk. Thereafter, it shall be the duty of that property owner to place the sidewalk in a safe condition. The notice shall specify a reasonable time, not less than seven days, within which the work shall be commenced, and shall further provide that the work shall be completed with due diligence. This written notice requirement may be eliminated if the zoning administrator determines that the condition of the sidewalk is such that immediate repair is necessary to reasonably protect the public.

(2)

If the owner of the lot shall refuse or neglect to repair the sidewalk within the time limit, or immediately if the written notice is eliminated, or in a manner otherwise than in accordance with this article, the zoning administrator shall have the sidewalk repaired. The cost of such repairs shall be charged against the lot which the sidewalk adjoins and against the owner of that lot.

(b)

Snow and ice control. No person shall permit any snow or ice to remain accumulated on sidewalks within the public right-of-way on any side of any business, building, or lot owned, occupied, or controlled by that person longer than 24 hours after the snow or ice has fallen or formed. Where either snow or ice has fallen or formed on any such sidewalk, the person shall, within 24 hours after it has fallen or formed, remove the snow or ice, or cause a sufficient quantity of salt or salt substitute to be strewn upon it to render the sidewalk safe for persons to travel upon the sidewalk.

(c)

Obstructions. A person who owns, occupies, or controls a business, building, or lot shall clear and keep clear any sidewalk adjoining the lot from any obstructions including, but not limited to, structures, vehicles, materials, debris, vegetation, or other similar item.

(Ord. No. 144, 8-13-2019)