§ 93.03  SIDEWALK CONSTRUCTION AND FINANCING POLICY.
   (A)   It is the policy of the town to provide safe and attractive sidewalks to abutting property owners with existing sidewalks to the extent allowed by the town budget. To implement this, the town hereby adopts the Sidewalk Capital Policy. The programs and incentives offered herein are subject to annual appropriation of funds to carry out the programs. It is understood that to correct all sidewalk and curb ramp issues is a long-term and ongoing process This policy is to be used as a guide for determining which sidewalk projects are to be financed within the funding sources available. Where sidewalks do not exist, it is the responsibility of the abutting property owner to pay for their construction.
   (B)   All sidewalk and curb ramp construction under this section shall be done in accordance with the Americans with Disabilities Act and all other applicable federal, state, and local laws, rules, and regulations.
   (C)   This program shall not prevent the town from replacing, repairing, and/or installing sidewalks at its discretion at its own cost, including, but not limited to, repair or replacement as part of a construction project.
   (D)   For sidewalk petitions submitted to the Clerk-Treasurer prior to January 1, 2016, the cost-sharing will be 50% town and 50% abutting property owners as long as budget funds last on a first-come first-served basis subject to priority allocations noted below. For petitions submitted thereafter the Town Council reserves the right to make a different allocation of costs.
   (E)   As part of the sidewalk replacement and repair petition, the abutting property owners must agree to one of three financing options:
      (1)   Cash payment in full within 30 days of invoicing;
      (2)   Payment of one-third of the total balance before construction begins with the remaining balance to be paid in no more than six equal monthly installments with 8% interest; or
      (3)   Payment by Visa or MasterCard in the amount invoiced + applicable Paygov fees within 30 days of invoicing.
   (F)   The town reserves the right to prioritize sidewalk repair and replacement. High priority will be given to sidewalks containing one or more of the following conditions:
      (1)   Lift of over one inch or separation between sidewalk sections;
      (2)   Tilt or cross slope greater than one inch per foot;
      (3)   Horizontal separation of two and one-half inches or more;
      (4)   Lift or settlement greater than two inches from the top of the curb; and/or
      (5)   Spalling or other forms of deterioration over 50% of the sidewalk section.
   (G)   If the abutting property owner has a valid “over 65 property tax exemption” or a “blind or disabled property tax exemption” with the Clinton County Auditor, such abutting property owner has the following payment options:
      (1)   Cash payment in full within 30 days of invoicing;
      (2)   Payment of one-third of the total balance before construction begins with the remaining balance to be paid in no more than six equal monthly installments with 8% interest;
      (3)   Payment by Visa or MasterCard in the amount invoiced, plus any applicable additional fees charged (as determined by Paygov), of the invoiced amount within 30 days of invoicing; or
      (4)   The town may place a lien on the property for the full amount which will be due and payable upon transfer to another person or when the exemption is revoked.
(Ord. 2015-8-1, passed - -2015)