[Adopted 10-14-1935 by Ord. No. 508]
[Amended 9-10-2001 by Ord. No. 2362]
A uniform system of curbs and gutters along
both sides of all public highways in this Township is hereby established,
said gutters to be of a width of not less than 24 inches unless otherwise
prescribed by resolution of the Board. Curbs shall be constructed
at a minimum height of eight inches above the grade at the finished
street surface in accordance with Resolution No. 1066-94 or any subsequent
amendment thereto. No existing curb may be opened to serve as vehicular
street access for a single residential property more than 12 feet
for every 50 feet of street frontage, and no driveway may be paved
to a width exceeding 12 feet within the public right-of-way.
[Amended 6-30-1986 by Ord. No. 1960]
Such curbs and/or gutters shall be graded and
constructed by the owners of lots fronting thereon in accordance with
such specifications and at such grade as shall be prescribed from
time to time by the Department of Code Enforcement in conjunction
with the Township Engineer. No person shall hereafter lay out, construct
or build any such curbs or gutters except in compliance with the terms
of this article and at the grade and in accordance with the aforesaid
specifications.
[Amended 6-30-1986 by Ord. No. 1960]
Whenever hereafter the grading and paving of
any such curbs and/or gutters shall be prescribed by resolution, written
notice shall be given by the Department of Code Enforcement, acting
through the Township Engineer, to the owners of property affected
thereby to grade and construct said curbs and/or gutters in front
of their respective properties within a period of not more than 30
days from the service of the notice, said written notice shall state
and contain the grade, lines and aforesaid specifications. The notice
provided for in this section may be served on the property owner by
leaving the same at his place of residence or, if he has no place
of residence within the Township, by posting the same on the premises
and mailing a copy thereof to the owner at his last known address.
[Amended 6-30-1986 by Ord. No. 1960]
It shall be the duty of each such owner to construct
said curb and/or gutter with such grading and filling as is necessary
in front of the respective properties within the period above prescribed.
Should any property owner fail to comply with the requirements of
this article within the time specified in the notice, the Department
of Code Enforcement shall cause the curb and/or gutter in front of
such property to be constructed in accordance with the requirements
hereof, and the entire expense of the construction thereof, including
grading and filling, shall be and is hereby charged against such properties.
[Amended 6-30-1986 by Ord. No. 1960]
Such cost shall be assessed by the Township
Engineer acting in conjunction with the Department of Code Enforcement.
The Secretary of the Township shall cause 30 days' notice of the assessment
to be given to each party assessed, either by service on the owner
or his agent or left on the assessed premises. If any assessment shall
remain unpaid at the expiration of the notice, it shall be the duty
of the Township Solicitor to collect the same, with interest from
the time of completion of the improvement, by action of assumpsit
or by a lien to be filed and collected in the same manner as municipal
claims. When an owner has two or more lots against which there is
an assessment for the same improvement, all of such lots shall be
embraced in one claim.
[Amended 6-30-1986 by Ord. No. 1960]
All owners of property abutting upon such highways are hereby required to keep the curbs and/or gutters in front of, along or upon the premises or lots owned by them in good order and repair. In the event of the failure of the owner so to do, the Department of Code Enforcement may, upon notice of such condition, cause such curbs and/or gutters to be repaired or any obstruction to be removed therefrom in accordance with the ordinances of this Township, and the cost and expense thereof shall be charged against said property owner in accordance with § 157-15 of this article.
The particular curbs and/or gutters required
from time to time to be graded and paved shall be designated by resolution
of this Board of Commissioners, and it shall be the duty of the Secretary
of this Board to notify all owners of property affected thereby in
accordance with the provisions of this article and said resolution
or resolutions.
The curbs and/or gutters so designated shall
be graded and paved at the grades and in accordance with the aforesaid
specifications, and such specifications and grades shall be kept on
file in the office of the Secretary of this Board of Commissioners
for the inspection of all persons interested therein.
[Amended 6-30-1986 by Ord. No. 1960; 2-12-1990 by Ord. No.
2075; 2-8-1993 by Ord. No. 2168; 9-10-2001 by Ord. No. 2362]
From and after the passage of this article,
no curbs and/or gutters shall be laid, constructed, relocated, opened
to provide vehicular street access, or repaired in front of any property
abutting upon any highway or street without first obtaining from the
Board of Commissioners a permit therefor before such work is begun,
except where a curb and/or gutter is directed to be laid and constructed
or relocated by order of the Board of Commissioners as hereinbefore
provided. Before such permit is issued and said work begun, a written
application, on a blank form to be furnished for that purpose by the
Board of Commissioners, must be filed with the Secretary of the said
Board of Commissioners, setting forth the character and the location
of the proposed curb and/or gutter. The application must be signed
by the owner of the property for whom such work is to be done, and
the applicant for a permit shall pay, before the issuance of the permit,
a permit fee as fixed by resolution of the Board of Commissioners.
Before such permit is issued, the Department of Public Works, acting
in conjunction with the Township Engineer, shall fix and establish
the location, grade and specifications of such curb and/or gutter
and deliver the same to said owner. When the permit is issued, the
owner of the property shall construct said curb and/or gutter in accordance
with the location, grade and specifications furnished as aforesaid.
[Amended 6-30-1986 by Ord. No. 1960; 6-13-1988 by Ord. No.
2019; 3-12-2012 by Ord. No. 2660]
Any person, firm or corporation violating any
provision of this article shall, upon summary conviction before any
District Justice of the Peace, pay a fine not exceeding $1,000 and
costs of prosecution; and in default of one payment of the fine and
costs, the violator may be sentenced to the county jail for a term
of not more than 90 days. Each and every day in which any person,
firm or corporation shall be in violation of this article shall constitute
a separate offense.
