[Adopted 1-21-2004 by Ord. No. 2004-02]
This article shall be known and may be referred
to as the "Lower Saucon Township Curb and Sidewalk Ordinance."
Where curb and/or sidewalk have been constructed
along any public road, highway, or street, the abutting property owner
shall be responsible for:
A.
Repair, maintenance and replacement, if necessary,
of the curb and/or sidewalk.
B.
Keeping sidewalks clear of dust, debris and leaves,
and overhanging branches or vegetation that would interfere with pedestrian
traffic.
C.
Clearing sidewalks of snow and ice as provided herein:
(1)
Within 36 hours of the termination of any fall of
snow or accumulation of ice.
(2)
If the fall of snow exceeds six inches, or the natural
accumulation of ice exceeds one inch, the Township Manager may, by
public announcement or other appropriate notice to residents of the
Township, set such longer period as may be appropriate for the clearing
of said snow.
D.
Abutting property owners shall not construct or maintain
pipes that discharge stormwater through the curb onto the surface
of the road.
A.
The Township Council is hereby authorized to notify
owners of property abutting public roads, highways or streets which
require the repair or replacement of curbs and/or sidewalks of their
requirement to complete the repair or replacement. This notice shall
be by certified mail or personal delivery, stating the work to be
completed and the required completion date, which shall be no later
than 90 days from the date of the notice.
B.
If said property owner shall fail to repair or replace
any curb and/or sidewalk after receiving notice from the Township,
and within the time limit specified, the Township may do the necessary
work by contract or otherwise and when the work is completed, the
Township shall present a bill to the abutting property owners for
the cost of construction, the permit fee and a 10% administrative
fee added thereto.
A.
Prior to the commencement of any repair or replacement
work, the owner of property abutting a public road, highway, or street
shall first secure a permit from the Township Manager, or his or her
designee.
B.
The application shall be made in writing by the owner
upon forms supplied by the Township. The location and details of the
proposed repair or replacement work shall be shown on a plan, which
shall accompany the application. The owner shall also pay the fees
established in the Township's Fee Schedule.[1]
[1]
Editor's Note: The current Fee Schedule is
available at the Town Hall.
D.
No such permit shall be issued unless the Manager
or his or her designee is satisfied that the proposed curb and/or
sidewalk repair or replacement work conforms to the proper line and
grade of the public road, highway or street, and that it will meet
the standards as set forth above.
The owner of property abutting a proposed or opened public road, highway or street, where curbing and/or sidewalk exist, are hereby required to repair and/or replace curbs and/or sidewalks, as described in Chapter 145, Appendix A, whenever directed by action of the Township Council, where the repair and/or replacement would coincide with scheduled road repairs or reconstruction, except where the existing curb and/or sidewalk is in good condition and in an approved line and grade, as determined by the Township Manager or his or her designee.
A.
If the existing curb and/or sidewalk is in poor condition
as determined by the Township Manager or his or her designee, whether
or not it is in the proper line and grade, then said curb and/or sidewalk
shall be rebuilt by the abutting property owner, at the expense of
the abutting property owner.
B.
If an existing curb and/or sidewalk, in good condition
as determined by the Township Manager or his or her designee, is to
be constructed to a new line and/or grade, then said curb and/or sidewalk
shall be rebuilt by the Township, at the expense of the Township.
C.
In all cases, if Township storm sewer inlet structures
or manholes must be adjusted to meet the proper line and grade, that
adjustment shall be provided by the Township, at the cost of the Township.
If abutting property owners fail to pay the
expense of the repair or replacement of such curb and/or sidewalk
undertaken by the Township within 30 days after notification of the
amount due, the Township may recover the amount due plus the permit
fee, a 10% additional administrative fee, and interest at the rate
of 10% by action in assumpsit, or may file municipal liens against
the abutting properties in the manner provided by law for the filing
and collection of municipal liens. This total cost of repair or replacement
of such curb and/or sidewalk and applicable fees and interest shall
be a lien upon such premises from the time of commencement of the
work.
