[Adopted 8-8-2017 by Ord.
No. 2017-02]
This article shall be known and may be cited as the "Blair Township
Sidewalk Ordinance."
The purpose of this article is to provide for the public safety
and general welfare of the residents of Blair Township and the general
travelling public by establishing guidelines for the maintenance,
construction, repair and renewal of sidewalks.
A.
Snow removal.
(1)
It shall be the duty of all tenants or occupants of occupied properties,
and the owners or agents in charge of unoccupied properties abutting
on public streets in Blair Township not later than 30 hours after
snow or sleet has ceased to fall to clear, or cause to be cleared,
a pathway in the sidewalk in front of their respective properties
in the event of snow and to cover the sidewalk with cinders, sawdust,
or similar snow and ice control materials in the event of ice and
sleet.
(2)
Such pathway shall not be less than 24 inches in width and shall
be thoroughly cleared of snow and ice or covered with cinders, sawdust,
or similar snow and ice control materials. Where snow and ice are
removed from the pathway it may be placed or piled on the curb side
of the sidewalk, but it shall not be piled or placed in the gutter
or the cartway.
B.
Penalties, violations.[1]
(1)
Any person who violates or permits a violation of this section shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not less than $200, but not more than $600, plus all court
costs, including reasonable attorneys’ fees, incurred by the
Township in the enforcement of this section. No judgment shall be
imposed until the date of the determination of the violation by the
Magisterial District Judge. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
(2)
Each day or part of a day in which any such snow or ice remains after
it should be removed shall constitute a separate offense.
A.
General purposes. Sidewalks shall be provided where streets of a
proposed subdivision are extensions of existing streets having a sidewalk
on one or both sides. Sidewalks shall also be provided when considered
necessary by the Township Supervisors for the protection of the public
or whenever it is determined that the potential volume of pedestrian
traffic or safety conditions creates the need for them. Sidewalks
shall be provided on all streets located within multifamily and apartment
developments.
B.
Public safety. It shall be the duty of the owners of the land abutting
upon any curbs and/or sidewalks to keep them in such repair and condition
that they may not be or become dangerous to the welfare and safety
of the traveling public. The Board of Supervisors of the Township
of Blair, Blair County, Pennsylvania, is hereby empowered to notify
property owners when sidewalks and curbs are in need of repair or
renewal and the repair or renewal thereof shall be made by the property
owners within 30 days after said written notice is given to the said
property owners. Nothing herein contained shall be construed to place
the responsibility of determining when sidewalks may become dangerous
to the welfare and safety of the traveling public upon the Township.
At all times such responsibility shall be solely upon the property
owner whose land abuts the curb or sidewalk.
C.
Standards. The construction of any new sidewalks or curbs and the repairing or renewal of any existing sidewalks or curbs in the Township of Blair, Blair County, Pennsylvania, shall be done in conformance with § 350-32 of Chapter 350, Subdivision and Land Development, and the following specifications, regulations and/or provisions:
(1)
Sidewalks shall be located within the street right-of-way, one foot
off the right-of-way line.
(2)
Sidewalks shall be a minimum of four feet wide, except along collector
and arterial streets, and in the vicinity of shopping centers, schools,
recreation areas, and other community facilities, where they shall
be a minimum of five feet wide.
(3)
A grass planting strip is required between the curb and sidewalk.
(4)
Sidewalks shall be at least four inches thick, and shall be made
of Class A concrete as specified in PennDOT, Publication 408, Section
704 and installed in accordance with PennDOT Publication 408, Section
676, except that aggregate for bedding shall be at least four inches
deep, and concrete shall be broom finished.
(5)
Where unusual or peculiar conditions prevail with respect to prospective traffic and/or safety of pedestrians, the Township Supervisors may require different standards of improvements than those set forth in the previous subsections. Crosswalks may be required when deemed necessary by the Township Supervisors, and as noted in § 350-35C of Chapter 350, Subdivision and Land Development.
(6)
Handicap-accessible ramps shall be provided on all sidewalks at street
intersections. Maximum gradient of an accessible ramp shall be in
accordance with the latest ADA standards for accessible design. Depressed
curb shall be installed at ramps in accordance with the latest ADA
standards for accessible design. Ramps shall be concrete and finished
with a nonslip finish.
D.
Permits.
(1)
No persons or person, firm or corporation shall construct or repair
any sidewalk, curb or gutters, without first applying for and obtaining
from the Codes Enforcement/Permit Officer of the Township of Blair,
Blair County, Pennsylvania, a permit for the same use. The application
for such permit shall set forth:
(a)
The full name and address of the owners of the land affected;
(b)
The name and address of the contractor, or the person to perform
the work;
(c)
The precise location of the property upon which the work is
to be done;
(d)
The length of the proposed project;
(e)
Contractor's compliance with Workers' Compensation Act
of 1990, as amended, if applicable; and
(f)
Such other pertinent information as may be considered necessary.
(2)
No permit will be required for new curbing, gutters or sidewalk to
be constructed in an approved subdivision which is to be installed
by the developer.
E.
Inspection. All work done hereunder shall be inspected by the Township
Engineer or authorized representative, representing the Board of Supervisors
of the Township of Blair, Blair County, Pennsylvania.
The cost for a permit to repair existing curbs, gutters and
sidewalks shall be that amount as last adopted by resolution of the
Blair Township Board of Supervisors. Likewise, the costs for a survey
permit to stake out lines and grades of new curbs, gutters and sidewalks
other than that established in an approved subdivision plan required
to be surveyed by the developer shall be those amounts as last adopted
by resolution by the Blair Township Board of Supervisors.
This article shall be enforced by the Township's Code Enforcement Officer. Any person who violates or permits a violation of § 344-21 of this article by constructing or repairing sidewalks, curbs or gutters in violation of any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not less than $10 and not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
A.
Open gutters-rain conductors. No open gutters for conducting rainwater
or drainage of any kind will be permitted to run over top of the sidewalk
or curbs. All underground rain conductors shall be of pipe material
such as cast iron, wrought iron, clay or approved plastics, constructed
under the sidewalk and through the curb to the gutter.
B.
Driveways over sidewalks.
(1)
Driveways over sidewalks shall be at least six inches thick and shall
include six inches by six inches by 10 gauge welded wire fabric. Driveways
over sidewalks shall be constructed to rest on a compacted bed of
AASHTO No. 57 (PennDOT 2B) crushed stone of a depth of not less than
four inches. Widths shall be a minimum of 10 feet for single driveways
and 20 feet for double driveways, except as approved otherwise by
the Board of Supervisors.
(2)
All joints between curb and bituminous pavement shall be sealed with
AC-20.
Any and all terms, conditions, specifications, or requirements
of this article shall be consistent with the terms, conditions, standards,
and specifications as may be established by or in accordance with
the Americans with Disabilities Act[1] or any codes, regulations, standards, specifications,
administrative requirements, etc., as may be adopted by the appropriate
and authorized agencies to implement the terms and conditions of said
Act or any amendments thereto as may be hereinafter adopted or implemented
by any federal, state, or county regulatory agency as if said standards,
conditions, regulations, codes or requirements were incorporated herein
at length.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
