[Adopted 5-11-1989 by Ord. No. 1989-3]
The following words, when used in this article,
unless the context clearly indicates otherwise, shall be defined as
follows:
The Engineer of the Township of Washington appointed by the
Township Supervisors.
The area between the street (curb-) line and the right-of-way
line of a street as shown on the topographical survey, recorded subdivision
plan or as established by ordinance.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct or other thoroughfare appearing on the topographical
survey of the Township, recorded subdivision plan or as established
by ordinance and open to public use.
The Supervisors of the Township of Washington.
The Township of Washington.
A.
The grading of sidewalk areas and the construction
and repairing of sidewalks, curbs and driveway entrances along and
in the streets of the Township shall be done by the owner or owners
of the lot or lots abutting thereon in accordance with the lines and
grades as established by ordinance, as shown on the topographical
survey of the Township or as shown on recorded subdivision plans and
in accordance with the provisions of this article.
B.
It is hereby declared unlawful for any person, firm,
corporation or other entity to grade any sidewalk area or construct
or repair any sidewalk, curb or driveway entrance within the Township
except in compliance with the provisions of this article.
C.
Any person, firm, corporation or other entity desiring
to grade any sidewalk area or to construct or repair any sidewalk,
curb or driveway entrance shall first obtain a permit therefor from
the proper official of the Township for issuing the aforesaid permit
only after the following conditions have been satisfied:
(1)
A written application shall be filed with said Township
official, upon such form as approved by the Supervisors, setting forth
the location, purpose and description of the improvement.
(2)
Said application shall be approved by the Township
Engineer.
(3)
(4)
In all cases of new construction of a curb, sidewalk
or driveway entrance or resetting any curb, sidewalk or driveway entrance
in excess of 10 feet in length and in the case of any other type work
as specifically requested by the applicant, the Township Engineer
shall review and approve the applicant's proposed lines and/or grades,
the cost of which, in accordance with a fee schedule adopted by resolution,[2] shall be paid by the applicant to the proper Township
official at the time of filing the application. A permit shall be
effective for a period of 90 days from the date of issuance and may,
prior to expiration of the original or renewal period, be renewed
by the proper Township official for a period of 90 days upon application
and payment of a permit renewal fee to be established by resolution
of the Board of Supervisors for each renewal period of 90 days by
the person, firm, corporation or other entity to whom the original
permit was issued, provided that reference points have not been disturbed
or destroyed. When reference points have been disturbed, they shall
be reestablished at the applicant's expense.
(5)
The form of application and permit shall be adopted
from time to time by the Board of Supervisors by resolution. A copy
thereof shall remain on file at the office of the Township.
D.
From time to time, the Board of Supervisors shall,
by resolution, adopt details and specifications for the construction
and repair of curbs, sidewalks and driveway entrances, which shall
remain on file and be available at the office of the Township.
E.
All sidewalk areas shall be graded and all sidewalks,
curbs and driveway entrances shall be constructed, reconstructed or
repaired in conformance with the most recent details and specifications
adopted by the Board of Supervisors. On neglect or refusal by the
owner or owners of the abutting lot or lots to grade any sidewalk
areas; to construct, pave, repave or repair any sidewalk; or to construct,
set, reset or repair any curb or driveway entrance within 60 days
after notice so to do from the Board of Supervisors through its proper
officials, said Supervisors shall cause the same to be done and shall
collect from said owner or owners of the lot or lots the cost thereof
as provided for in the Second Class Township Code.[3]
[3]
Editor's Note: See 53 P.S. § 65101
et seq.
F.
Sidewalk areas not graded or sidewalks, curbs and driveway entrances not laid in conformity with the provisions of this article or any resolutions adopted pursuant to this article and with the established grades and lines shown on the topographical survey of the Township, on a recorded subdivision plan or as set forth in other Township ordinances are hereby declared to be nuisances and must be taken up and regraded and/or relaid according to the provisions of this article or any resolutions adopted pursuant to this article within 60 days after notice to the owner or owners so to do by said Board of Supervisors, and, upon failure of said owner or owners thereof to regrade said sidewalk area and/or relay said sidewalk, curb or driveway entrance within the time stipulated, said Board of Supervisors shall cause the same to be done in the manner herein provided, and said Board of Supervisors shall collect the cost thereof from the owner or owners of the lot or lots in the manner hereinbefore provided in Subsection E.
G.
Sidewalks, curbs or driveway entrances heretofore laid with material or materials not prescribed in the most recent details and specifications established by resolution of the Board of Supervisors shall be permitted to be repaired; however, whenever such sidewalk, curb or driveway entrance becomes, in the opinion of said Board of Supervisors, in the dangerous condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to reconstruct the sidewalk, curb or driveway entrance with the material prescribed in the details and specifications established by resolution of the Board of Supervisors; and upon his, her, its or their failure to do so within 60 days after notice from the Supervisors, said Supervisors shall cause the same to be done in the manner herein provided, and said Board of Supervisors shall collect the cost thereof, together with all charges and expenses, from the owner or owners of the lot or lots as hereinbefore provided in Subsection E.
H.
No surface gutters are permitted on newly constructed
sidewalks. All drains shall be installed under sidewalk areas in conformance
with details and specifications adopted by the Board of Supervisors.
I.
Bituminous concrete material and/or any other approved
material placed upon driveway entrances shall in no way impede the
flow of stormwater runoff in the cartway area of the streets.
J.
Present brick sidewalks requiring the replacement
of more than 20% of the total area shall be entirely replaced by a
concrete pavement or sidewalk. In the case of concrete sidewalks,
in the event that any concrete block thereof requires the replacement
of more than 25% of the total area of said concrete block, then said
concrete block in need of repair shall be replaced in its entirety;
provided, however, that where a portion of such a concrete block is
removed for installation or repairs to utilities, then said block
shall be replaced in its entirety.
K.
The Board of Supervisors is hereby empowered and authorized
to require the installation of curb-cut ramps for physically handicapped
persons at such locations in business and residential areas within
the Township as the Board of Supervisors shall deem appropriate. Said
curb-cut ramps shall be constructed pursuant to the requirements and
specifications set forth in Drawing No. 7061-010-L-001, dated February
10, 1977, of Spotts, Stevens and McCoy, Inc., on file in the office
of that Company at 345 North Wyomissing Boulevard, Wyomissing, Pennsylvania,
or on file at the office of the Township.
It is hereby declared unlawful for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation within three feet of the property side of the right-of-way line along any street or for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm or corporation in any sidewalk area, which is defined as the area located between the curbline and the right-of-way line as shown on the topographical survey of the Township or a recorded subdivision plan. No trees or shrubbery shall be planted along the right-of-way lines on a corner property in any manner that would not conform to sight distance requirements of Chapter 107, Subdivision and Land Development. Any trees, evergreens, hedges, plants or shrubbery planted in violation of this section are hereby declared to be nuisances and must be removed within 30 days after notice to the owner or owners of the respective lot or lots to do by the Board of Supervisors, and, upon failure of said owner or owners to accomplish said removal, said Board of Supervisors shall cause the same to be done and shall collect from said owner or owners of the lot or lots the costs thereof and 10% additional, together with all charges and expenses, and, if payment is not made, shall file a municipal lien therefor against such lot or lots or shall bring a civil action against said owner or owners for collection thereof.
A.
All subsurface rainwater conductors shall be placed
in such a manner that the top of the pipe will be three inches from
the top of the curb with expansion joints placed vertically to the
center line of the pipe.
B.
All individual home services for public utilities,
excluding gas services, shall be raised and/or lowered to proper curb
elevation by the person, firm or corporation installing the concrete
curb, driveway and/or sidewalks at such premises.
C.
All traffic signs removed during construction of a
concrete curb, sidewalk and/or driveway shall be replaced by the person,
firm or corporation performing the installation.
Any person, firm or corporation applying for
any permit under this article shall indemnify the Township against
all liability of whatever nature, excepting only that of the Township,
arising during the performance of work for which a permit is granted,
whether or not said liability arises as a result of the negligence
of the person, firm or corporation to whom the permit was issued.
[Amended 7-11-1996 by Ord. No. 1996-4]
Any person who shall violate or fail to comply
with any of the provisions of this article shall be subject to a civil
fine not exceeding $600. The Township Building Inspector/Official,
or any other Township representative authorized by the Board of Supervisors,
shall determine in each instance whether a violation of this article
has occurred and, if so, the amount of the civil fine to be imposed
upon the violator. Notice of the civil fine shall be served upon the
violator by certified mail, return receipt requested, or by personal
delivery by a Township representative. Should the violator not pay
the civil fine within 20 days of the date of service, the Township
Building Inspector/Official or other duly designated Township representative
shall file a civil enforcement proceeding with the District Justice
having jurisdiction to recover the civil fine, court costs and reasonable
attorney fees incurred by the Township as a result of the violation.
No judgment shall be imposed until the date of the determination of
a violation by the District Justice. If the violator neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day that
a violation continues shall constitute a separate offense.
Notwithstanding anything hereinabove set forth
in this article, whenever the provisions of this article shall be
inconsistent with the provisions of the land subdivision regulations
of the Township of Washington as from time to time are in effect and
the provisions of said land subdivision regulations are more restrictive
or contain more-stringent requirements than are set forth in this
article, then in such event the provisions of said land subdivision
regulations shall prevail and be applicable.
