[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:
ADA
Americans with Disabilities Act.
FFHA
Federal Fair Housing Act.
MAJOR STREET REPAIR, CONSTRUCTION or RECONSTRUCTION
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.
NEW CONSTRUCTION
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.
OWNER
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.