[Adopted 4-9-2015 by Ord. No. 448[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Standard Sidewalk Width, adopted 10-6-1953 by Ord. No. 145, as amended.
A. 
Notice to construct or repair sidewalk. The Township Commissioners, whenever it is determined to be proper and necessary, may require owners of property abutting on any street, including state highways and county and Township roads, to grade, construct, pave, curb, repave, re-curb or repair the sidewalks along such property and shall direct the Secretary, by resolution at any public meeting of the Commissioners, to serve written notices upon the owners of property abutting on said public highways, requiring them to grade, construct, pave, curb, repave, re-curb or repair such sidewalks within 30 days from the date of such notice.
B. 
Sidewalk defined. For the purposes of this article, "sidewalk" shall include any public walkway and/or trail, including supporting walls, retaining walls, railings, grass area between the sidewalk and curb and any other structures or appurtenances necessary, desirable or incidental to the installation and safe use of a sidewalk.
C. 
Municipality may do work upon default of property owner. Upon failure of any owner of property abutting on said streets to do and perform any work required by the notice provided for under Subsection A, within the time specified in such notice, the Commissioners may cause the same to be done and collect the cost of the work and material from the abutting property owners, plus a penalty of 10%, in the manner provided by law.
D. 
Specifications. Whenever any sidewalk is constructed or repaired in accordance with this article, either voluntarily or pursuant to notice under Subsection A, the sidewalk shall be constructed in conformity with plans and specifications approved by the Municipal Engineer and adopted by resolution and shall be subject to his inspection. All such sidewalk pavements shall be constructed in the location, to the width and of the material specified in the notice received by the property owner, or in case the said sidewalk is constructed without notice, the same shall be constructed in the location, to the width, and of the materials in accordance with specifications submitted by the Municipal Engineer upon application to him. Said sidewalks shall conform to the established grade of the street on which the same are laid, or to such grade as shall be fixed by the Municipal Engineer. Where a sidewalk abuts a parking lot, there shall be either a grass strip or barrier, approved by the Township Engineer, preventing vehicles, or any part thereof, from encroaching upon the sidewalk.
E. 
Permit required for work on sidewalk. It shall be unlawful for any person to grade, construct, pave, curb, repave, re-curb, repair, tear up, destroy, remove, deface, excavate, or otherwise damage any sidewalk or curb abutting any street within the Municipality, except in accordance with a permit duly issued by the Municipal Engineer upon written application.
F. 
The cost of the initial installation of sidewalks shall be allocated as follows: When authorized by the Township Commissioners in areas where no subdivision or site plan approval is involved, the cost may be borne by the municipality. Otherwise, the cost shall be borne by the abutting property owner.
G. 
After the initial installation of any sidewalk, all repairs and replacement, including costs, shall be the responsibility of the abutting property owner.
H. 
Obstruction of sidewalk prohibited. It shall be unlawful for any person to deposit any dirt, grass, rubbish, garbage or refuse matter upon any of the sidewalks abutting any street within the municipality. The sidewalks shall be kept open and unobstructed at all times for the use of the public, and the owner of the abutting property shall keep the sidewalk areas free from weeds, hedges and other similar obstructions at all times.
I. 
Sidewalks constructed pursuant to this ordinance shall be for the use of pedestrians only. It shall be the responsibility of the owner and/or legal resident of the property abutting on the sidewalk to clean the sidewalk of snow and ice, any time there is an accumulation of one inch or more, and any other debris that might endanger pedestrians. The sidewalk shall be cleared within 24 hours after the accumulation of snow, ice or debris has occurred. It shall be unlawful to deposit snow, ice or other debris into the paved portion of any street or highway in the municipality.
J. 
Commercial or business properties. All owners, or agents of owners, of property used for commercial or business purposes abutting any sidewalk or other paved public pedestrian way, and all tenants or occupants of any such property, are required to keep that sidewalk or other paved pedestrian way clear of snow and safe for pedestrian traffic during any accumulation of ice or snow of one inch or more. From Monday through Saturday, between the hours of 7:00 a.m. and 10:00 p.m., such snow or ice shall be removed within four hours of its accumulation.
K. 
Municipality may do work upon default of property owner. Upon failure to perform any work required under Subsections H, I or J, the Township may cause the same to be done immediately, without notice, and collect the cost of the work and materials from the abutting property owners, legal residents, tenants or occupants, plus a penalty of 10%, in the manner provided by law.
L. 
Any person, partnership, firm or corporation or other legal entity who or which shall violate or fail or neglect or refuse to comply with any of the provisions of this article shall be subject to a fine by a District Justice of not more than $300 and court costs, provided that each day's violation shall constitute a separate offense and notice to an offender shall not be necessary in order to constitute an offense, and provided further that any penalty and costs hereunder shall be in addition to and not in substitution for any costs and expenses imposed by Subsections C or K of this ordinance. No civil penalty assessed under this section shall subject a violator to imprisonment. All fines shall be collected in the same manner as civil judgments.
M. 
Repealer. Any ordinance or part of ordinance conflicting with the provisions of this article shall be and the same is hereby repealed to the extent of such conflict.