[Adopted 11-9-1970 by Ord. No. 961]
[Amended 11-8-1982 by Ord. No. 1411; 6-10-1997 by Ord. No.
2037; 3-10-2003 by Ord. No. 2396; 12-14-2009 by Ord. No. 2799; 7-13-2015 by Ord. No. 3018]
A.
Except as hereinafter provided, it shall be the duty of all owners
of property abutting a dedicated or opened public street or highway
within the Township to construct concrete sidewalks, curbs and any
other improvements required by the construction of curbing at their
own expense for the safety and convenience of the public in accordance
with regulations established by ordinance and keep same in good repair
and accessible pursuant to the requirements of both the Federal Fair
Housing Act and the Americans with Disabilities Act.
B.
The Board of Commissioners of the Township of Whitehall shall hear
requests from property owners for deferrals from the duties imposed
by this section. Deferral requests shall be submitted by the property
owner no later than 180 days from the date of the advance curb and/or
sidewalk notice issued by the Department of Operations, or within
30 days of filing a land development and/or subdivision plan, or within
180 days of building permit issuance. The Board may grant deferrals
either modifying or postponing the obligation imposed by this section
until such time as deemed necessary by the then present Board where:
(1)
The character of the neighborhood is such that the installation of
sidewalks would not serve any public purpose; or
(2)
Where unique physical circumstances make the installation of sidewalks
an undue hardship, and the absence of this installation would not
materially affect the public safety and convenience.
(3)
Where property abuts a state, federal or local roadway and said installation
would adversely affect the drainage patterns or facilities presently
in existence.
C.
In granting such a deferral, the Board may attach such reasonable
conditions and safeguards as it deems necessary to protect the public
safety and convenience, including the requirement that a bond or other
security be posted to assure the completion of said improvements,
where appropriate. However, no deferrals shall be granted for modifications
required under the Federal Fair Housing or Americans with Disabilities
Acts.
[Amended 7-13-2015 by Ord. No. 3018]
The following words shall have the following meanings when used
in this article:
Americans with Disabilities Act.
Federal Fair Housing Act.
Any improvement of any street, alley, highway or public thoroughfare
in the Township of Whitehall other than sealing, patching, minor maintenance
such as micro-resurfacing, or temporary repairs.
Any improvement or addition on any parcel of land whereby
the value of any existing structures shall be increased by 100% or
more; where no structure exists upon the parcel of land involved,
the improvement shall be classified as new construction regardless
of the value of the proposed improvement.
Those persons owning property along streets or thoroughfares
in the Township of Whitehall who are subject to applicable rules of
assessment for municipal improvements; an "owner" shall include the
masculine, feminine and neuter, natural persons, partnerships, corporations,
fiduciaries and associations.
[Amended 7-13-2009 by Ord. No. 2781; 7-13-2015 by Ord. No. 3018]
All owners of real estate in the Township who desire to engage
in any new construction or whose property abuts any thoroughfare where
major street repair, construction or new construction takes place,
as well as construction on state routes, are hereinafter required
to install curbs and sidewalks and make any necessary modifications
as required by the Americans With Disabilities and Federal Fair Housing
Acts.
[Amended 5-13-1976 by Ord. No. 1187; 6-8-2009 by Ord. No.
2776, approved 11-3-2009; 7-13-2015 by Ord. No. 3018]
Whenever the Board of Commissioners shall decide by motion or
resolution that curb and sidewalk in any area shall be necessary for
the protection of life and property, or for the orderly growth and
development of the area involved, or for the protection of the thoroughfare
immediately adjacent to the property involved, the Mayor shall cause
the same to be installed in accordance with other applicable provisions
of this article.
[Added 11-8-1982 by Ord. No. 1411; amended 6-10-1997 by Ord. No.
2037; 6-11-2007 by Ord. No. 2685; 7-13-2015 by Ord. No. 3018]
Each year the Department of Operations shall submit to the Board
of Commissioners a list of all proposed street construction and reconstruction
for the following calendar year, together with recommendations from
the Township staff as to the necessity for the installation of curbs
and/or sidewalks in connection with all streets proposed to be constructed
or reconstructed. Thereafter, the Board of Commissioners shall make
a determination of which streets, if any, shall be granted deferrals
from the installation of sidewalks and/or curbs. The final determination
shall be in the form of an ordinance, which, when enacted, shall relieve
the Department of Operations of the responsibility for serving curb
and sidewalk notices to the affected property owners.
[Amended 6-10-1997 by Ord. No. 2037; 6-11-2007 by Ord. No. 2685; 7-13-2015 by Ord. No. 3018]
A.
Except as otherwise provided for herein, or where a deferral or variance
is granted by the Board of Commissioners, all owners of property within
the Township shall:
(1)
Install or replace curb in accordance with the Township notice sent
to the property owner (which notice shall state the completion date,
which shall not be less than 90 days from the date of the notice).
(2)
Within three years of the date of the notice from the Township, install
or replace sidewalks in accordance with the Township notice sent to
the property owner. The property owner may install the required sidewalk
in conjunction with the street improvement project work rather than
postponing such work for the permitted three-year grace period. Notwithstanding
the other provisions of that section to the contrary, sidewalks shall
be installed or replaced within 90 days of the date of the notice
from the Township:
(a)
If installation of handicap ramps will require the immediate
coordination of adjacent curb and sidewalk construction work, in such
instances, both curb and sidewalks for handicapped ramps shall be
installed simultaneously.
(b)
In certain sidewalk installation cases where adjacent curb work
is also required, the postponement of the sidewalk installation may
be impracticable due to an adjoining grade differential problem, other
type of unique construction factors (such as monolithic curb and sidewalk
replacement) or where such postponement may create a public safety
concern. The Township staff shall determine, on a case-by-case basis,
that the construction of the curb and sidewalk work shall be coordinated
and installed simultaneously.
B.
In cases of new construction, new land developments, new building construction or as a condition of a final plan approval, the property owner shall install sidewalks as part of the project work and shall not be entitled to defer construction under or pursuant to Subsection A(2) hereinabove.
C.
The Board of Commissioners hereby authorizes the Whitehall Township
Administration to adopt and maintain a policy that requires the property
owners to be notified of their obligation to install proposed curbs
and sidewalks (pending approval for the subsequent year's budget)
in the subsequent year. Such notice shall be given to the property
owners no later than December 15 of the year preceding the year in
which the work is to begin.
[Amended 5-13-1976 by Ord. No. 1187; 6-8-2009 by Ord. No.
2776, approved 11-3-2009; 7-13-2015 by Ord. No. 3018]
The issuance of a permit for any new construction shall be expressly
conditioned upon the property owner's agreement or understanding that
he shall be required to install curbs and sidewalks in accordance
herewith. Said curbs and sidewalks shall be installed within one year
of the date of issuance of the permit. The Mayor shall have the power
and right to insist upon security for the installations for curbs
and/or sidewalks for no more than the estimated cost of the said improvement.
[Amended 6-10-1997 by Ord. No. 2037; 7-13-2015 by Ord. No. 3018]
Where major street repair reconstruction or
construction is to take place, said curbs and sidewalks shall be installed
within 90 days (except as otherwise provided for herein) from the
date of the notice to be issued by the Township Administration.
[Amended 4-12-1971 by Ord. No. 1018; 7-13-2015 by Ord. No. 3018]
It shall be the duty of the owner or occupant
of every parcel of land in the Township abutting on a public thoroughfare
where sidewalk and curbing shall have been constructed to keep such
sidewalk in good repair and free from accumulations of rubbish and
mud. He shall also cause such sidewalk to be kept level and safe for
pedestrians and others who are entitled to use it. Trees, bushes and
hedges located on private property shall be kept trimmed by the property
owner or occupant so that they do not interfere with the use of the
sidewalks. Retaining walls, ditches and fences shall be kept in repair
and adequately safeguarded to prevent injury to users of the sidewalk.
[Amended 7-13-2015 by Ord. No. 3018]
Sidewalks and curbing shall be provided in all new subdivisions and land developments or other projects, and the cost thereof shall be borne by sub-divider or developer as specified further in Chapter 22, Subdivision and Land Development.
[Amended 5-14-1976 by Ord. No. 1187; 6-11-2007 by Ord. No. 2685; 6-8-2009 by Ord. No. 2776, approved 11-3-2009; 7-13-2015 by Ord. No. 3018]
A.
Any owner, occupant or other person who shall take up or cause to
be taken up the whole or any part of any paved sidewalk and/or curbing
for the purpose of improvement or otherwise shall cause such sidewalk
and/or curbing to be replaced in accordance with the provisions contained
herein, including required modifications to make sidewalk areas accessible
pursuant to ADA and FFHA.
B.
Owners shall be required to replace sidewalks and curbs along their
property whenever it shall be determined by the Mayor that it is in
the interests of the traveling public that such replacement of sidewalks
shall be done. Repairs and replacements shall also include required
modifications under the ADA and FFHA. If the property owner fails
to perform the required replacement, after being given at least 90
days' notice thereof, the Township may complete same through whatever
means necessary, and all costs therefor shall be levied against the
property owner and collected as hereinafter provided.
[Added 7-13-2015 by Ord.
No. 3018]
Unless said repair/replacement is part of an upcoming Township
programmed street improvement project, whenever new curb or curb replacement
construction involves excavating the street pavement for its proper
construction, the property owner is also required to apply for and
obtain a Township street excavation permit and pay all applicable
permit fees for same. The property owner is responsible to restore
the excavated or damaged street paving during the curb construction
according to the Township's current paving standards as approved and
inspected by the Township.
[Amended 6-10-1997 by Ord. No. 2037; 6-11-2007 by Ord. No. 2685; 7-13-2015 by Ord.
No. 3018]
All curbing, sidewalks and crossovers constructed in any of
the public thoroughfares shall be constructed with such material and
in such manner as specified herein:
A.
Concrete mix materials mixture. All the concrete for the curb and
sidewalks shall meet all the requirements of the Pennsylvania Department
of Transportation Class A Concrete as specified in Form 408 Specification,
latest revision.
B.
Forms. Forms shall be made of substantial materials, preferably steel
forms. They shall be smooth, free from warp and sufficiently rigid
to resist springing out of shape and of a depth to conform to the
proposed depth of curb. Before reusing, all forms must be thoroughly
cleaned of mortar and dirt adhering to them. Forms shall be well secured
and set to the given lines, the upper edges conforming to the grade
of the finished work. Sidewalks shall be five inches thick and shall
slope toward the curb at a rate of 1/4 inch per foot.
C.
Finish. After pouring concrete into the forms, it shall be peddled
and spaded so as to insure a thorough mixture, with all air pockets
eliminated. Before the concrete has been completely cured, the forms
shall be removed and the exposed surfaces be worked with a float or
steel trowel to make a uniform finished surface. Sidewalks shall be
broom finished.
D.
Joints. All curbing shall be cut clear through so it will consist
of sections 10 feet long. This shall be cut by use of a steel template
when the curb is cast in place. Expansion joints shall be placed at
intervals of 30 feet maximum, at all points of tangency and midpoints
for street returns, and along all abutting structures (poles, hydrants,
valves, manholes, curbs, sidewalks, concrete driveway aprons, buildings,
foundation walls etc.). Expansion joint material is to be three-eighths-inch
premolded bituminous material. Sidewalk blocks shall have an average
of approximately 25 square feet.
[Amended 6-14-1982 by Ord. No. 1404]
A.
Width of sidewalks in commercial or industrial districts shall be
a minimum of five feet. Width of sidewalks in residential districts
shall be minimum of four feet wide with the back edge preferably six
inches from the street right-of-way line. Where sidewalks exist or
have been partially installed prior to the passage of this article,
the new sidewalks may conform to the width, alignment and location
of the existing sidewalks, if approved by the Bureau of Development.
In all instances, however, the minimum unobstructed widths as required
under the ADA and FFHA shall be provided.
[Amended 7-13-2015 by Ord. No. 3018]
B.
The widths of all driveway entrances or depressed curbing, minimum distances between centerlines of residential and nonresidential driveways, and minimum distances between the center lines of residential and nonresidential driveways and intersecting streets shall conform to the dimensions as indicated in Chapter 27, Zoning, of the codified ordinances.
[Amended 6-10-1997 by Ord. No. 2037; 7-13-2015 by Ord. No. 3018]
C.
The minimum distance between the center lines of nonresidential
driveway entrances shall be 60 feet.
[Amended 6-10-1997 by Ord. No. 2037]
D.
The minimum distance between the center line of a
residential driveway entrance and the nearest curbline of an intersecting
street shall be 35 feet; for a nonresidential driveway entrance, this
minimum distance shall be 50 feet.
[Amended 6-10-1997 by Ord. No. 2037]
[Amended 5-13-1976 by Ord. No. 1187; 6-10-1997 by Ord. No.
2037; 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A.
If the owner shall have failed to install or reinstall
curb and sidewalk within the required time period, after receipt of
notice from the Township administration or when required as a condition
of the permit issued for new construction, the Township shall install
said curb and sidewalk and assess the total cost of the same against
the real estate abutting on the improvement in accordance with the
foot-front rule. The Mayor shall cause 30 days' notice to be given
to each party assessed either by service on the owner, or his agent,
in accordance with applicable principles of law. 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 5% penalty
and interest from 30 days after the completion of the improvement,
by action of assumpsit, or by a lien to be filed or collected in the
same manner as municipal claims and in accordance with applicable
law.
B.
Notwithstanding the provisions of Subsection A hereof to the contrary, the Mayor or his duly authorized designee is hereby authorized to enter into agreements as described below with property owners with regard to assessments for municipal claims in the nature of curbing and sidewalk installation and improvements as follows:
(1)
If the pavement in full is tendered within 45 days
of the date of the notice of assessment or invoice from the Township,
a discount of 1% shall be given to the property owner.
(2)
The Township authorizes the use of extended payment plans, as set forth in Subsections B(3) and (4) hereof. In the event that any extended plan is chosen, the property owner shall bear an administrative charge of $50, which is to reimburse the Township for processing and recordkeeping regarding such plans which sum shall be added to the other assessable charges and shall be paid as a part of the installment amounts to be tendered.
(3)
If the property owner shall elect to pay the assessment
in a one year payment plan, the assessment shall be paid in two installments
together with interest at the rate of 5% per annum. The property shall
be liened, the first installment shall be due six months from the
date of the notice of assessment or invoice relative thereto, and
the second such installment shall be due within 12 months from the
date of such notice of assessment or invoice. In the event that the
property owner elects this payment option, payments shall be made
in timely fashion, in accordance with the schedule set forth in this
paragraph. The Township shall bear the cost and expense of the filing
and satisfaction of any municipal liens filed to secure payment.
(4)
If the property owner shall elect to pay the assessment
in a two year payment plan, the assessment shall be paid in four installments
together with interest at a rate of 5% per annum. The property shall
be liened, the first installment shall be due six months from the
date of the notice of assessment or invoice relative thereto, the
second such installment shall be due within 12 months from the date
of such notice of assessment or invoice, the third such installment
shall be due within 18 months from the date of such notice of assessment
or invoice and the fourth such installment shall be due within 24
months from the date of such notice of assessment or invoice. In the
event that the property owner elects this payment option, payments
shall be made in a timely fashion, in accordance with the schedule
set forth in this paragraph. The Township shall bear the cost and
expense of filing and/or satisfaction of any municipal liens filed
to secure payment.
(5)
If the property owner shall elect to pay the assessment
in a three year payment plan, the assessment shall be paid in six
installments together with interest at the rate of 5% per annum. The
property shall be liened, the first installment shall be due six months
from the date of the notice of assessment or invoice relative thereto,
the second such installment shall be due within 12 months from the
date of such notice of assessment or invoice, the third such installment
shall be due within 18 months from the date of such notice of assessment
or invoice, the fourth such installment shall be due within 24 months
from the date of such notice of assessment or invoice, the fifth such
installment shall be due within 30 months from the date of such notice
of assessment or invoice and the sixth such installment shall be due
within 36 months from the date of such notice of assessment or invoice.
In the event that the property owner elects this payment option, payments
shall be made in a timely fashion, in accordance with the schedule
set forth in this paragraph. The Township shall bear the cost and
expense of the filing and/or satisfaction of any municipal liens filed
to secure payment.
(6)
If the property owner shall fail to make timely payments pursuant to any permissible payment option, the property owner shall bear the cost and expense of the filing and/or satisfaction of all municipal liens and the administrative charges set forth in Subsection B hereof. In addition, the property owner shall pay reasonable attorney's fees relative to the filing, satisfaction and collection of the lien.
During any construction, it shall be the duty
of the owner of the real estate and contractors, mechanics and laborers
employed by said owners to place barricades as may be necessary to
protect pedestrians as well as the public in general, to burn lights
or flares from sunset to sunrise, to provide safe and convenient passage
for the public around or over the said construction and to keep all
watercourses affected by the said work open for the free flow of surface
water.
The Township shall be notified 24 hours in advance
for inspection of the completed improvements and in the event such
construction is found to be contrary to the specified regulations
or otherwise unsatisfactory, removal may be directed and reconstruction
so ordered. If any such order is refused or neglected, the Township
shall cause such removal and reconstruction to be accomplished and
shall do so at the expense of the owner in accordance with existing
law, including costs of the administration thereof.
All contracts engaged in construction of sidewalks
and curbing shall furnish a surety bond which shall be used as a guarantee
against cracking, disintegrating or other defects due to defective
workmanship or materials for a period of one year.
[Amended 4-12-1971 by Ord. No. 1018; by Ord. No. 1356; 8-8-2005 by Ord. No.
2578]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
