(A) The Town Sidewalk Construction Program is hereby created.
(B) The Program created by division (A) above shall be operated on an annual funding basis and there is hereby created the Cumulative Non-Reverting Sidewalk Construction Fund.
(C) Any person, firm or corporation who wishes to participate in the Town Sidewalk Program shall complete an application, on forms supplied by the town, and submit the application to the office of the Town Administrative Manager. Each application shall be considered on its merits but funding for those applications found to meet the criteria for the program shall be in “date of application” order.
(D) Any otherwise qualifying application that cannot be accepted due to funding shortfalls in the year of its submission shall be carried over to succeeding funding cycles and shall, in date order, have priority for funding in succeeding funding cycles until the project proposed is complete.
(E) Upon receipt of an application the Town Administrative Manager and Town Engineer shall examine the sidewalk to determine if it meets the criteria for inclusion in the Program. The Administrative Manager shall make a report regarding such examination and a recommendation regarding inclusion in or exclusion from the Program to the applicant and the Town Council.
(F) Upon acceptance of such report by the Council recommending inclusion in the Program, and upon payment by the applicant of the applicant’s estimated share of the cost, the proposal shall be placed in line for funding and construction. Failure of the applicant to pay the required share of the estimated cost within 30 days of approval of the application by the Council shall result in the application being deemed withdrawn, unless, the applicant is advised that the approved application cannot be funded in the current funding cycle, in which case the applicant may delay making the required payment to the town until advised by the town that the approved application will be funded in a then current funding cycle. Upon such advise that the application is to be funded, the applicant shall then have 30 days to make the required deposit. All funds tendered by an applicant shall be deposited to the Sidewalk Construction Fund.
(G) The Town Council shall establish criteria for eligibility for inclusion in the Program. Sidewalks constructed under the Program shall meet the then current and appropriate town construction standards.
(H) The cost of construction under the Program shall be split 50/50 between the town and the applicant. Where appropriate “sidewalk” shall be deemed to include a curb and/or gutter and may include that portion of a driveway encompassed within the sidewalk.
(I) Construction of sidewalks under the Program shall be done by contractors under contracts entered into by the town pursuant to state law. Nothing in the Program shall prevent an applicant from contracting separately with the town’s contractor for additional work at the applicant’s expense.
(J) An applicant may withdraw an application at any point in the process, except, such application may not be withdrawn after the applicant has made deposit of the required share of the cost of construction unless specifically allowed to do so by the Town Council.
(Ord. 2002-23, passed 11-26-2002)