[Added 5-20-2010 by Ord. No. 296]
The Board of Commissioners of Lower Pottsgrove Township or its
authorized representative may, upon the issuance of a notice as hereinafter
provided, require owners of property abutting on any street, including
state highways and county roads, to install, construct and reconstruct
sidewalk and/or curbing along such property within the Township with
such materials, at such grades and under such regulations as hereinafter
set forth.
[Added 5-20-2010 by Ord. No. 296]
The owner of property on which or abutting which sidewalk and
curbing are located shall keep the sidewalk and curbing in good order
and repair, free and clear of all obstructions or objects whether
temporary or permanent and of any matter whatsoever.
[Added 5-20-2010 by Ord. No. 296]
Whenever the Board of Commissioners of Lower Pottsgrove Township
deems it necessary to have sidewalks and/or curbs installed, constructed,
reconstructed, repaired or cleared of objects or obstruction, the
Board or its authorized representatives shall give 30 days' written
notice to the owner or owners of real estate abutting on any street
within said Township to perform the required work. Upon the failure
of said owner or owners of real estate to comply with the provisions
of said notice and to do the said work required therein, the Township
may, at the discretion of the Board of Commissioners, perform such
work, and the cost and expense thereof is hereby levied and authorized
to be levied upon the owner or owners of the real estate, and the
same is hereby authorized to be collected from such owners as provided
by law. Upon completion of any such work, the Township shall immediately
ascertain the exact costs thereof and compute the amount for which
the respective owner or owners of property are liable according to
law. The Township Secretary shall thereafter immediately cause 30
days' written notice of the assessment to be given to each property
owner assessed. The notice may be served on the property owner by
leaving the same at his place of residence or, if he has no residence
in the Township, then by posting the same on the premises and mailing
a copy thereof to the owner at his last known address. If any assessment
shall remain unpaid at the expiration of the notice, the Township
Solicitor is authorized to proceed to collect the same, with interest
from 30 days after the completion of the work, plus attorney's
fees and costs, by action of assumpsit or by a lien to be filed and
collected in the same manner as municipal claims. In a case where
the Township performed the repairs or removed the objects or obstruction,
it shall add a penalty of 10% to the costs it incurred, together with
all other costs and fees as set forth above.
[Added 5-20-2010 by Ord. No. 296]
Curbs shall be constructed, reconstructed or repaired in accordance with §
215-18B of the Township's Subdivision and Land Development Ordinance.
[Added 5-20-2010 by Ord. No. 296]
Sidewalks shall be constructed, reconstructed or repaired in accordance with Section
215-18A of the Township's Subdivision and Land Development Ordinance.
Before any curb or sidewalk shall be constructed,
reconstructed or repaired, the owner or owners of any land within
the Township shall apply to the Building Inspector of the Township
for a permit. The Township Building Inspector shall, upon the receipt
of the proper permit fee, issue a permit for said work. A copy of
said permit shall then be forwarded to the Township Engineer who will
provide the owner or owners with the grades, elevations and lines
for the proposed work. It shall be illegal for any owner or contractor
to pour any concrete until his or its forms are checked for compliance
with this article by the Township Engineer. Upon the completion of
said work, the Township Engineer shall inspect the property to ensure
proper compliance with this article.
[Amended 3-23-1995 by Ord. No. 192]
Any person, firm or corporation who shall fail
to obtain a permit before constructing a private driveway or making
a curb cut 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 imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.