[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:
The legal and/or beneficial owner of real property located
within the Township.
The Pennsylvania Department of Transportation and any agency
successor thereto.
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.
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.
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.
