[Sec. 8-4 of the Revised General Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
Can be composed of an authorized material, to include, but
not limited to, concrete.
A paved walkway for pedestrian traffic located along the
side of a public street, whether in a commercial or residential area.
A.
Sidewalks shall be installed as defined in the Land
Use and Development Regulations of the Borough of Wharton Code.[2] If the applicant desires to appeal the installation of
sidewalk requirement, he must do so as part of his application to
the Planning Board. The applicant must prove that the installation
of sidewalks would not be feasible nor would it be in conformity with
the surrounding neighborhood; then, with the recommendation of the
Borough Engineer, the Planning Board may waive the sidewalk requirement.
B.
All sidewalks must be composed of concrete. The Planning
Board may approve, with the recommendation of the Borough Engineer,
the installation of brick, stone or pavers for sidewalks, upon the
request of the applicant during the application process.
A.
Every owner of land abutting upon or containing a
sidewalk and/or a paved walkway shall be responsible for the proper
maintenance of same and the cost of maintenance. The purpose of the
required maintenance is to prevent or eliminate broken, raised, or
uneven pavement or any other conditions, such as ice or snow, which
would potentially cause a safety hazard for pedestrians.
(1)
In cases where a sidewalk or a paved walkway appears
to be raised or uneven due to the growth of tree roots which are in
the Borough's right-of-way, the landowner must immediately notify
the office of the Director of Public Works and provide the owner's
name, address and the defect.
(2)
If it is determined that the tree is a Borough tree
and in the right-of-way, the Borough will remove the roots. Any reconstruction
or repairs to the sidewalk will then be the obligation of the adjoining
owner and at his expense.
(3)
No property owner shall undertake any reconstruction
or repairs for a sidewalk or paved walkway unless first obtaining
a permit from the Zoning/Housing Official for same.
(4)
No person shall construct or install a sidewalk or
paved walkway along a public street on property not currently improved
with sidewalks, except as authorized or required by other law or ordinance.
B.
Hazardous conditions.
(1)
Periodically during the course of the year the Borough
may inspect sidewalks or paved walkways. If it is determined that
a sidewalk or paved walkway is a hazard and in need of repair or replacement,
the landowner will be notified in writing of the condition and be
directed to make the repairs, which must be made within 30 days from
receipt of said notice. In the event the property owner requires an
extension of time, such request must be made in writing to the Road
Opening Inspector. If the condition is deemed hazardous, then the
request may be denied. However, in certain circumstances, the Road
Opening Inspector may grant a reasonable time of extension.
(2)
If repairs are not made within the allotted time period,
the Borough may, at its discretion, make the repairs either through
the Department of Public Works or outside contractor, and the cost
of same shall be a lien on the property of the adjoining owner.
(3)
The property owner will be placed on notice to make
payment. In the event no payment is received within 60 days of the
date of the notice, a lien shall be placed on the property for the
cost incurred by the Borough.
(4)
The Borough also maintains the right to issue a summons
for failure to comply with this article.
C.
All complaints, calls, etc. relative to sidewalks
or paved walkways shall be directed to the office of the Director
of the Department of Public Works, and the Director shall maintain
a list of all complaints, requests, etc., noting the time and date
of the calls, the location of the defective sidewalk, and action taken.
Application forms shall be obtained from the
Zoning/Housing Inspector and shall contain a clear and definite description
of the location of the new or replacement sidewalk. The fee for the
application, which includes the inspection, shall be $35. This fee
shall not be refundable.
Inspection shall be requested at least 24 hours
in advance. It is understood that in some cases 24 hours' notice is
not always practical; however, contractors will plan their work in
a reasonable manner and will not make repeated requests for inspection
of small amounts. Inspection fees have been established to provide
for an inspection of a reasonable amount of construction.
