This article shall be known and may be recited as the "Sidewalk
Ordinance of Lower Moreland Township."
A.
The owner of the abutting property shall be responsible for keeping
the sidewalks and curbs immediately in front of his/her property in
good order and repair and free of all obstructions. The owner of the
abutting property shall repair or replace any sidewalk or curb which
deteriorates or becomes hazardous. Such repair or replacement shall
be done in accordance with Township specifications, as set forth in
this chapter.[1]
B.
Should the abutting owner fail to make such necessary repairs or
replacement of the sidewalk or curb, the administrative authority
may serve upon him a notice requiring such repairs or replacement.
The notice shall be served on the property owner by certified mail
or by leaving the notice at his place of residence. Where the owner
resides outside the Township, the notice shall be served by posting
the notice on the premises in question and mailing a copy by certified
mail to the owner's last known address.
C.
If such abutting property owner fails to comply with the requirement
of the notice within 120 days from the date of service, the administrative
authority may make the necessary repairs or replace the sidewalk or
curb. The cost of the repairs or replacement shall be paid by the
owner of the abutting property, together with a penalty of 10%, or
may be collected as provided by law in an action of assumpsit or by
filing a municipal lien against the property.
D.
Reasons for repair. The existence of any of the following conditions
shall be the reason for the repair or replacement of any curb, sidewalk
or driveway apron:
(1)
Spalling or chipping. Any spalling or chipping shall be reason for
repair of a curb, sidewalk or driveway apron. Where such spalling
or chipping extends beyond 25% of the surface area of a section of
sidewalk, curb or driveway apron, it shall be deemed to be beyond
repair, and such section must be replaced. Such work must be performed
according to Township specifications.
(2)
Misalignment. Any curb one inch out of alignment must be reset, if
possible, or replaced where resetting is not approved by the administrative
authority. Any sidewalk section that is tilted, in any direction,
more than one inch out of level shall be replaced.
(3)
Cracking. Any curb, sidewalk or driveway apron that is cracked through
full thickness of section and/or out of alignment as specified above
shall be replaced. Prior to final acceptance or dedication of substantial
property improvements, any cracked curb, sidewalk or driveway apron
shall be removed and replaced. Hairline cracks may be permitted, provided
that the crack does not go through the full thickness of the curb,
sidewalk or driveway apron and the section is not out of alignment.
(4)
Snapped-off curb. Where a curb has been snapped off, it must be replaced.
Capping is prohibited.
(5)
Driveway aprons. Where more than 25% of a driveway apron does not
meet the Township standard due to cracking, spalling, or misalignment,
then the entire apron shall be removed and replaced.
(6)
Intersection. Intersections shall be provided with handicapped ramps.
Where more than 25% of an existing curb and sidewalk does not meet
the Township standard due to cracking, spalling or misalignment at
an intersection and a handicapped ramp does not exist, the entire
curb and sidewalk will be removed and a handicapped ramp provided
at the discretion of the administrative authority.
(7)
Sidewalks, driveway aprons and curb which are found to be undermined
by water shall be removed and replaced conforming to Township specification.
Any owner, person, firm, association or corporation who shall
violate any provisions of this article or who shall fail to comply
with the conditions or requirements of the article shall, upon conviction
thereof, be liable to pay a fine of not less than $100 or more than
$1,000 for each and every offense. Each day the violation continues
shall constitute a separate offense.
