[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1974 by Ord. No. 74-2]
In accordance with the provisions of § 1156 of Article XI of the Second Class Township Code, as amended, no railroad or street railway shall hereafter be constructed upon any Township road, nor shall any railroad or street railway crossings, nor any gas line, water pipe, electric conduits, or other piping, be laid upon or in, nor shall any telephone, telegraph, or electric light or power poles, or any coal tipples or any other obstructions be erected upon or in, any portion of a Township road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof as may be prescribed by permits granted by the Township for such purpose.
Editor's Note: Former § 1156 of Article XI of the Second Class Township Code was repealed 11-9-1995 by P.L. 350, No. 60, § 1. See now 53 P.S. § 67322.
The application for a permit shall be upon a form prescribed by the Township and submitted to the Township in triplicate. The application shall be accompanied by a fee in accordance with the Schedule of Fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been met.
Upon completion of the work, the applicant shall give written notice thereof to the Township.
Upon completion of the work authorized by the permit, the Township shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify such settlement or other defect, within 60 days after written notice from the Township to do so, the Township may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[Adopted 12-3-2007 by Ord. No. 2007-6; amended in its entirety 3-2-2009 by Ord. No. 2009-1]
The owner of each property within the Township abutting upon a sidewalk open to the public for pedestrian traverse or located, in the whole or in part, within the right-of-way of a public or private street on which the property abuts shall keep said sidewalk, together with any portion of the property paved and used as a sidewalk or public walk, immediately in front of the property, and in case of corner lots with public walks on both sides of the lot, in good order and repair and, at all times, clear of all obstruction to safe and convenient passage, including the accumulation of snow or ice.
Snow or ice shall be removed within 24 hours of cessation of the snowfall.
Conformance. Every owner of property shall, on notice from the Township Office within the time period noted in such notice, cause the construction or reconstruction sidewalk in front of and/or alongside of such property to conform to all applicable requirements of this article.
Repair required. Every owner of property shall, on notice from the Township Office within the time period noted in such notice, repair the sidewalk in front of and/or alongside of such property in the manner stipulated in such notice.
Deterioration. Deterioration shall include cracking, gouging, scaling, vehicular, fire damage/and or surface disintegration. Surface disintegration is a deterioration of the concrete resulting in an irregular surface with depressions greater than 1/2 inch in depth.
Repairs allowed. Minor cracks, holes or deteriorated sections of sidewalk may be repaired with concrete non-shrink sealant materials installed in strict accordance with the manufacturer specifications when less than 25% of an individual section of sidewalk has deteriorated.
Replacement or repair required. All concrete work involving sidewalks and to be installed or repaired shall meet the requirements of Westtown Subdivision of Land Ordinance § 149-916 repeated as follows:
When one or more of the following conditions exist, the section of sidewalk shall be reconstructed or repaired as applicable and as determined and approved by the Township Code Enforcement Officer in accordance with the provisions of this article.
More than 25% of sidewalk is deteriorated.
A section of sidewalk is out of vertical alignment with an adjacent section by 1/4 inch or more.
A section of sidewalk having a crack width of 1/2 inch at any one point greater than one foot in length shall be replaced or filled with non-shrink concrete sealant materials installed in strict accordance with the manufacturer's specifications.
A sidewalk with a reverse grade or which is settled so as to cause the ponding of water and/or formation of ice shall be replaced.
No surface gutters shall be permitted on newly constructed sidewalks. All sidewalks shall be not less than four inches in thickness and the surface shall have a one-fourth-inch pitch per linear foot ascending from the outside face of the curb.
In replacing sidewalks, the replaced sections shall conform in size to that which is being replaced. All new concrete shall conform to ASTM Designation F1637-95 (Standard Practice for Safe Walking Surfaces).
A sidewalk which is more than one inch out of horizontal and/or vertical alignment from the required topographical alignment or grade shall be replaced.
Deteriorated sidewalks which constitute a hazard to pedestrian travel shall be barricaded to prevent pedestrian travel upon notice and shall be repaired within 10 days from receipt of notice from Westtown Township.
If the owner of any property neglects at any time to perform the duties herein described, the Township Board of Supervisors or its designee may serve written notice upon him/her requiring him/her to perform the necessary maintenance or repair. The notice shall specify the time by which said maintenance or repair shall be commenced and the time by which it shall be completed. 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 such place of residence is unknown to the Township, by posting the same on the abutting property.
If such property owner fails to comply with the requirements of the notice described in the preceding section within the time period specified therein, the Township Board of Supervisors or its designee may make the necessary repairs, perform the necessary maintenance, or remove any obstruction, and the cost of the same, together with a penalty to defray administrative expenses in the amount of 10% of the said cost, shall be paid by the property owner and may be assessed and collected by the Township as and in the manner of a municipal lien or by any other appropriate legal action.