3-4-4-2: DETERMINATION:
   The Director of Public Works or his designee shall be the final authority in determining which sections of sidewalks or portions thereof are in need of repair or replacement.
   A.   Sections of sidewalk which are structurally sound but found to contain one of the following conditions will be found to be in need of repair and eligible for replacement based upon equal payment by Village and the participating owner or owners:
      (1)   Surface crumbling which covers in excess of 25% of the surface area of an identified section of sidewalk; and
      (2)   Surface pitting of a 1/2" depth or more which covers in excess of 75% of the surface area of an identified portion of sidewalk.
   B.   Sections of sidewalk which are found by the Director of Public Works or his designee to be in need of repair and replacement because they meet the following conditions shall be repaired solely at Village expense:
      (1)   Vertical separation which exceeds 3/4" between adjoining pieces or sections of sidewalk; and
      (2)   Extensive misalignment or sloping of sidewalk that creates hazardous conditions.
   Under no circumstances other than said vertical separation or extensive misalignment may the Director of Public Works determine that sidewalks are to be repaired or replaced solely at Village expense.