[Adopted 5-17-2004 by Ord. No. CXCIV]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
OWNER
The legal and/or beneficial owner of real property located within the Township.
PENNDOT
The Pennsylvania Department of Transportation and any agency successor thereto.
PERSON
Any individual, firm, partnership, corporation, association, or other entity and the officers of such corporation or firm and the members of such partnership or association which is recognized by law as the subject of rights and duties.
TOWNSHIP
The Township of Mount Joy, Lancaster County, Pennsylvania.
No person shall install or replace any sidewalk, curb or gutter within the right-of-way of any existing public highway, road, street, avenue, public lane or public alley in the Township without first obtaining a permit for such purpose from the Township and assuming liability for all and any damage which might result from the performance of such work.
Any person desiring a permit under the provisions of this article shall file an application at least 10 days prior to the proposed construction, reconstruction or repair of a sidewalk, curb or gutter when the line and grade have been established by the Township and at least 30 days where no line or grade has been established.
Applicants for a permit relating to this article shall pay to the Township at the time of application the fees set forth in the then-current fee schedule which shall have been adopted by resolution by the Board of Supervisors.
[Amended 8-17-2015 by Ord. No. 297-2015]
A. 
All curbing and sidewalk shall be constructed and repaired in accordance with PennDOT Publication 408, Specifications, and PennDOT Publication 72, Standards for Roadway Construction, and in accordance with any regulations adopted by the state or federal government concerning handicapped accessibility.
B. 
Supplementing PennDOT specifications and standards, the construction standards in Chapter 119, Subdivision and Land Development, shall be followed.
A. 
The Township Engineer is hereby empowered to give or define grades or lines for the placing or replacing of sidewalk, curb and gutter within the boundaries of any public highway, road, street, avenue, public lane or public alley within said Township, and no act on the part of any other official or employee shall bond the Township or make it liable therefor.
B. 
For giving or defining grades or lines for the placing of sidewalks, curbs or gutters within the boundaries of any public highway, street, road, avenue, lane or alley, a charge payable to the Township will be made in accordance with a standard rate adopted by resolution.
C. 
No sidewalk, curb or gutter shall be constructed or replaced except after a permit is obtained and the Township Engineer shall have given the grades and lines after the necessary survey.
The owner of a property where any of the following conditions exist shall repair or replace such curb or sidewalk:
A. 
Spalling or chipping. Any spalling or chipping shall be reason for repair of a curb or sidewalk. Where such spalling or chipping extends beyond 25% of the surface area of the curb or sidewalk, it shall be deemed to be beyond repair and such section must be replaced.
B. 
Cracking. Any curb which has a crack exceeding 1/2 inch and which is out of alignment shall be replaced.
C. 
Leaning. Any curbing leaning two inches out of alignment must be reset, if possible, or replaced where resetting is impossible.
D. 
Where a curb has been snapped off, it must be replaced and no capping shall be permitted.
E. 
Capping. A capped curb that is structurally solid may be permitted, but any section of curbing with a loose cap or one that is out of alignment shall be replaced.
F. 
Any sidewalk block or driveway apron that has settled or raised one inch above or below the adjoining sidewalk block shall be removed and replaced in accordance with the specifications below.
G. 
Any sidewalk block or driveway apron that is cracked to such a degree as to constitute a hazard to pedestrian traffic shall be removed and replaced in accordance with the specifications below.
H. 
Any sidewalk that slopes toward the curb in excess of one inch per foot shall be deemed to be hazardous to pedestrian traffic and shall be removed and replaced in accordance with the specifications below.
A. 
The owner of the abutting property shall be responsible for keeping the sidewalks and curbs immediately in front of his 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 the specifications as set forth in this article.
B. 
Should the abutting owner fail to make such necessary repairs or replacement of the sidewalk or curb, the Township may serve upon him a notice requiring such repair or replacement. The notice shall be served on the property owner by certified mail or by leaving notice at his place of residence. Where the owner resides outside the Township, 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 requirements of the notice within 60 days from the date of service, the Township 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.
Permittees, their contractors or agents shall protect the public by proper guards and lights against any danger or injury while the highway is open or the work is under construction. At all times an unobstructed passage along the sidewalk of at least four feet in width and a free passage for water in the gutter shall be maintained. No building materials or other obstructions shall be placed within 25 feet of a fire hydrant, and all such obstructions shall be removed from the highway before the time of the expiration of the permit. No materials shall be mixed upon the surface of the highway.
Any person, including but not limited to owners, tenants, occupiers, contractors, subcontractors and their agents, servants and employees, who or which shall violate any of the terms of this article, shall be liable, upon conviction thereof in a summary proceeding, to pay a fine of not less than $50 nor more than $1,000 for each offense, together with the costs of prosecution. Each day or portion thereof in which a violation exists shall be considered a separate violation of this article, and each section of this article which is violated shall be considered a separate violation. After notice, each day's continuance of a violation shall constitute a separate offense. These penalties shall be in addition to the remedies afforded in § 116-48C above.