The Township is hereby authorized to require
sidewalks and curbs along public streets and roads of the Township,
under the following criteria:
A. For all subdivision and land development plans filed with East Manchester Township on or after July 13, 2003, sidewalks and curbs shall be required on both sides of all streets within or bordering the subdivision or land development, applying the criteria in §§
208-47,
208-55 and
208-56 of Chapter
208, Subdivision and Land Development, of the Code of the Township of the East Manchester, unless the Board of Supervisors of the Township determines in their sole discretion to delay such construction pursuant to Subsection
B.
(1) For all subdivisions or land developments for which sidewalks and curbs are required as part of the subdivision approval pursuant to §
208-47, all sidewalks and curbs shall be required to be completed before a use and occupancy permit will be issued for each property, or within five years of the final subdivision approval pursuant to Chapter
208, Subdivision and Land Development, whichever first occurs.
B. For all subdivisions and land development plans filed after July 13, 2003, for which the immediate construction of sidewalks and curbs is not a condition of approval, pursuant to Subsection
A, the Board of Supervisors of the Township shall require a note to be placed on the subdivision or land development plan prior to approval of the plan stating that the Board shall have the right to order the placement of sidewalks and/or curbs within the subdivision or land development as they shall deem appropriate, by the property owner and at the property owner's expense. In the event that the Board shall in the future require sidewalks and/or curbs pursuant to this subsection, the note, Subsection
C, or Chapter
208, Subdivision and Land Development, such action shall be by a motion of the Board of Supervisors duly approved at a public meeting. Such motion shall give the property owner six months to construct the required sidewalks and/or curbs.
C. This article shall also apply to all subdivisions
or land development plans filed or approved prior to July 13, 2003,
on which a sidewalk note was placed at the time of approval.
Such sidewalks and curbs as shall be required pursuant to this article or §
208-47 shall be built pursuant to East Manchester Township's Construction and Materials Specifications for Land Development Manual adopted by the Board of Supervisors by resolution, as
may be amended from time to time by resolution. All such construction
shall include the restoration to at least preconstruction condition
of any and all streets or ground disturbed as a result of such construction.
The property owner on whose property any sidewalk and/or curb sits, or, if none, the property owner along whose property the sidewalk and curb runs, shall be responsible for maintaining and repairing all sidewalks and curbs, which shall include repair or replacement of said sidewalks and curbs. The Township reserves the right to determine and direct the extent and nature of the repairs required, in its sole discretion. In the event that the Township notifies an owner of required maintenance or repair on said sidewalks and/or curbs, said sidewalks and/or curbs or the portion of said sidewalks and/or curbs which the Township designates for maintenance or repair, must be repaired by the property owner within 30 days after notice by the Township of the requirement for the maintenance or repair, subject to the permitting requirements of §
203-22. However, if such maintenance or repair is required between or during the months of December through February, such maintenance or repairs shall be completed by March 31, unless that time is extended by the Codes Enforcement Officer as a result of inclement weather conditions which, in the sole discretion of the Codes Enforcement Officer, made such maintenance or repairs impossible by March 31.
All costs for construction of said sidewalks
and curbs shall be paid for by the property owner on whose property
the sidewalks or curbs are constructed, or, if none, by the property
owner along whose property the curbs and sidewalks are constructed,
unless waived by the Township Board of Supervisors. Such property
owner shall also bear the cost of maintenance and/or repairs of said
sidewalks and curbs.
For purposes of this article, the Codes Enforcement
Officer shall be that person designated by the Township to enforce
the provisions of this Code, which shall include the Township Secretary,
the Township Manager, if any, and the Township Zoning Officer, or
any other person so authorized by the Board of Supervisors from time
to time.