[Adopted 6-14-2021 by Ord. No. 6-14-21B[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IX, Installation of Sidewalks, adopted by Ord. No. 2-11-74B, as amended.
59.45.1. 
This article shall be known and may be cited as the "Bethel Park Sidewalk Ordinance." The purpose of this article is to require sidewalks be installed as part of any new development or subdivision in the Municipality; prescribe minimum standards and specifications for the construction of sidewalks in the Municipality; and require the removal of snow and ice from sidewalks by the property owner.
59.46.1. 
The following words and phrases shall have the meanings given herein:
BUILDING CODE OFFICIAL
The individual who, in addition to other duties, shall have responsibility for administering and enforcing the provisions of this article.
ENGINEER
A registered professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Municipality.
MUNICIPALITY
The Municipality of Bethel Park.
NOTICE OF VIOLATION
The legal notice issued to a property owner by the Building Code Official or other authorized municipal official informing said property owner of any violation of the provisions of this article, or a violation or departure from the sidewalk standards and specifications contained in this article.
PROPERTY OWNER
The person, firm, company, corporation or individuals who are the owners in fee simple of property, whose name(s) appear as owner of record in the Allegheny County Department of Real Estate. For the purpose of this article, the "property owner" may also include any individual who is a legal agent of the owner.
SIDEWALK
That portion of the street, road or highway lying within the public right-of-way primarily constructed for the use of pedestrians.
SIDEWALK PERMIT
The legal permit issued by the Municipality upon application by a property owner or his agent to open, repair, replace or extend an existing sidewalk, or any portion thereof, or construct a new sidewalk. No work on any of the above shall commence until such permit has been issued. The fee for a sidewalk permit shall be as provided for by resolution of the Municipal Council.
SIDEWALK STANDARDS AND SPECIFICATIONS
The standards and specifications for the construction, reconstruction or repair of sidewalks referenced herein and made a part of this article.
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other public or private rights-of-way used or intended to be used by vehicular traffic or pedestrians.
59.47.1. 
Sidewalks shall be required to be installed by the developer and/or property owner in all subdivisions and land developments established within the Municipality. When seeking Municipal approval of a subdivision, land development, conditional use, or other site plan application, the developer, applicant, or property owner shall include as part of its application a plan to provide for safe pedestrian access to and abutting the subdivision, land development, or property by installing sidewalks or other defined pedestrian paths. The developer, applicant, or property owner shall be required to install such sidewalks at the same time or immediately after the installation of improvements at a property. When a sidewalk plan is submitted by a developer, applicant, or property owner as required as part of a subdivision, land development, conditional use or site plan approval, the cost of the sidewalk installation shall be borne by the developer, applicant or property owner.
59.47.2. 
The Municipal Council may further require the installation of sidewalks along any Municipal or other public right-of-way in the Municipality when the Municipal Council, in its discretion, determines that sidewalks are necessary at the location to ensure the safe movement of pedestrians in the Municipality. When sidewalk construction is authorized and undertaken by the Municipality in an area where there is no subdivision, land development, or site plan approval being sought, the cost to install the sidewalk shall be borne by the Municipality.
59.48.1. 
No property owner, corporation or public utility shall begin efforts to remove, in whole or in part, any existing sidewalk or portion thereof for any purpose, including the repair and/or reconstruction of such sidewalk, until the property owner, corporation, or public utility applies for and obtains a sidewalk permit from the Municipality.
59.49.1. 
If one or more of the following conditions, as set forth in Section 59.49.1(1) through (6), is evidenced in an existing sidewalk or portion thereof, it shall constitute sufficient notice to the property owner that such condition(s) shall be corrected voluntarily by the property owner by making application for a sidewalk permit and performing the necessary work. In lieu of such action, the Municipality may, in the course of conducting his normal duties or upon complaint, make inspection of such condition and issue a notice of violation to the property owner. Any property owner, agent of said owner or legal tenant of occupied premises may request the Municipality to authorize an inspection of a faulty sidewalk and make a determination of the need and extent of any required repairs.
1. 
The removal of all or any portion of a sidewalk panel(s) for any reason. Any removed panel or section thereof shall be immediately replaced to restore the sidewalk to a condition for safe pedestrian travel.
2. 
When 50% or more of a sidewalk panel(s), as determined by the Code Official, has cracked lines or is spalled, weathered or deteriorated, rendering the section(s) unsafe underfoot. This does not include hairline cracks that have not disturbed the grade and level of the sidewalk.
3. 
When one or more edges of a sidewalk panel(s) has been raised one inch or more along 50% or more of its length above an adjacent panel at grade level, whether such defect has been caused by frost section, root growth, cracking or actual breaking.
4. 
When a sidewalk panel or adjacent panels have sunk below or tilted above or below the general original grade more than one inch out of level of the general grade of the balance of the sidewalk.
5. 
When a sidewalk panel or adjacent panels create an impoundment of water to a depth of one inch or more creating a dangerous or hazardous condition for pedestrian safety, health and welfare.
6. 
Any other physical condition of a sidewalk or panel which creates a dangerous or hazardous physical condition for pedestrian safety, health and welfare.
59.50.1. 
When a dangerous condition exists in a sidewalk, including but not limited to a sidewalk being under construction or not yet fully installed, the property owner and/or his contractor shall provide the following minimum warning procedures and devices to pedestrians who may want to use the sidewalk or travel through the construction area:
1. 
If a sidewalk condition exists which could be dangerous or hazardous to pedestrians, a suitable barrier and/or warning signs shall be placed at the sidewalk section where the danger or hazard exists or where sidewalk construction or reconstruction is taking place.
2. 
During the workday when sidewalk repair or construction is underway, a suitable temporary alternate pedestrian pathway shall be established by the property owner and/or his contractor and shall be maintained around the work area to allow for free and clear pedestrian travel. Preferably, such pathway should be provided for around the inside of the work area, as opposed to the street side, unless an adequate barricade is provided to keep pedestrians safe from passing vehicles.
3. 
At the end of the workday, newly poured concrete shall be adequately covered; suitable portable or semipermanent barricading shall be erected; and a safe temporary alternate pedestrian pathway shall be provided and kept free and clear of obstructions.
4. 
In cases where construction work is underway adjacent to the proposed sidewalk construction area, the temporary alternate pedestrian pathway shall be a suitably constructed, semi-open passageway that affords safe separation from the adjacent construction site along the pathway's entire length and overhead.
59.51.1. 
During any sidewalk construction period, all excavated concrete pieces, old fill material and/or earth shall be temporarily stored at a point suitably removed from the sidewalk construction area. All construction materials, e.g., wood or metal forms, concrete bags, sand, gravel, etc., including concrete boxes or mixers, shall be safely stored away from the temporary alternate pedestrian pathway. In no case shall any of these materials be left at the curbline or in the street gutter overnight. All such materials shall be completely removed by the property owner or the property owner's contractor at the time of final cleanup.
59.52.1. 
Sidewalks shall be constructed within reasonably close conformity to the lines, grades and dimensions shown on any construction drawings or site plans approved by the Municipality. Sidewalk specifications as to size, width, and material shall be in accordance with standards recommended by the Municipal Engineer and shall comply with the Americans with Disabilities Act (ADA).[1] The location and size of the sidewalk, as well as the material utilized in its construction, shall be subject to the Municipal Engineer's final approval. When a new sidewalk is proposed to connect to an already existing sidewalk, consideration may be given toward matching the existing sidewalk's size, width or material, so long as the existing sidewalk's specifications are acceptable for the public health, safety and welfare of the Municipality and would not create a violation of ADA requirements.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
59.52.2. 
Removal of forms. Side forms shall not be removed for at least 12 hours after the concrete has been placed.
59.52.3. 
Backfilling. After the sidewalk concrete has cured for a period of not less than 72 hours, the spaces adjacent to the sidewalk shall be backfilled with Municipality-approved material, which shall be thoroughly compacted to the required elevation and cross section.
59.52.4. 
Final cleanup. Upon the completion of a sidewalk installation, including removal of forms and any final Municipal inspection and approval where required, the property owner or contractor shall remove all dirt, trash, debris, unused materials and other appurtenances from the sidewalk and surrounding work area and leave the same in a clean and usable condition.
59.53.1. 
Municipal Council, upon the request of the property owner or developer, and after receiving the recommendation of the Planning Commission and Municipal Engineer, may, in its sole discretion, approve deviations from the requirements of this article relative to construction of sidewalks where the property owner or developer can establish that there are unique physical circumstances or conditions peculiar to the property, and that because of such physical characteristics, there is no possibility that sidewalks can be installed on the property in strict conformity with the provisions of this article. The property owner or developer must establish that the requested relief will not alter the essential character of the neighborhood or zoning district in which the property is located and will represent the minimum relief and least deviation from the requirements of this article. No approved deviations from the provisions of this article shall constitute a variance or waiver of any requirement of the Municipality of Bethel Park Zoning Code[1] or Subdivision and Land Development Ordinance.[2]
[1]
Editor's Note: See Ch. 69, Zoning.
[2]
Editor's Note: See Ch. 60, Subdivisions.
59.54.1. 
Snow or ice shall be removed from sidewalks or other paved public pedestrian walkways within 24 hours from the end of a storm event.
59.54.2. 
Vacant properties and multifamily dwellings. All owners, or agents of owners, of vacant property, or property upon which a multifamily dwelling stands, abutting any sidewalk or other paved public pedestrian way are required to keep that sidewalk or other paved public pedestrian way clear of snow and safe for pedestrian traffic.
59.54.3. 
One- or two-family dwellings. All owners, or agents of owners, of property upon which a one-family or two-family dwelling stands, abutting any sidewalk or other paved public pedestrian way, and all tenants or occupants of any such one-family or two-family dwelling, are required to keep that sidewalk or other paved pedestrian way clear of snow and safe for pedestrian traffic.
59.54.4. 
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 from Monday through Saturday, between the hours of 7:00 a.m. and 10:00 p.m. Notwithstanding the foregoing, snow or ice shall be removed within eight hours from the end of a storm event.
59.54A.1. 
Notice of violation. Any failure to comply with the provisions of this article may result in the issuance of a notice of violation by the Building Code Official, which shall be directed to the property owner where the sidewalk is located. The notice of violation may be served on the property owner in person, by leaving the same at his place of residence, or, if he has no residence in the Municipality, then by posting the same on the premises and mailing a copy thereof to the owner at his last known address.
59.54A.2. 
Abatement by property owner. Upon being issued a notice of violation, the property owner shall take the necessary steps to abate such violation(s) within a reasonable period of time. Failure to comply shall subject such property owner to any or all penalties contained in this article.
59.54A.3. 
Abatement by Municipality. If such property owner continues to fail to comply with such notice of violation within 30 days from the date of service, or if an emergency situation exists as determined by the Building Code Official and the property owner cannot be immediately contacted, the Municipality may make the necessary corrections, abate any dangerous condition, remove any obstruction, or eliminate any hazard to pedestrian safety. The Municipality may collect the costs from the property owner of doing of the same. If the property owner fails to pay the Municipality's costs of repair or abatement within 30 days of receiving an invoice or demand from the Municipality, the Municipality may seek to collect the same from the property owner, together with interest and a penalty of 10%, by an action of assumpsit. Alternatively, the Municipal Solicitor may be instructed to file a municipal lien against the property.
59.54A.4. 
Violations and penalties. Any person or property owner who violates this article shall pay a fine of not more than $500, plus costs. Each day that such condition continues to exist shall constitute a separate offense.