[Adopted 5-3-1971 by Ord. No. 1971-5]
That whenever any street or road, now or hereafter may be laid
out, is opened, and it becomes the intention to build sidewalks and
curbs of the owner or owners of lots of ground or real estate abutting
thereon, then they are hereby required to grade and construct proposed
sidewalks, curbs and gutters, and driveways in accordance with plans
and specifications submitted by the owners at the office of the Township
for prior approval.
A.
Whenever it shall be required by the Supervisors of Derry Township,
it shall be the duty of the owners of lots or real estate abutting
on any public street to construct and/or reconstruct sidewalks, curbs
and gutters, and driveways along and/or over said lots of abutting
ground of their respective properties strictly in accordance with
the approved specifications by the Roadmaster of Derry Township, and
if such owner or owners of said lots and real estate abutting on a
street or road shall neglect to construct such sidewalks, curbs and
gutters, and driveways strictly in accordance with said approved specifications
by the Derry Township Roadmaster, then the Secretary of the Supervisors
of Derry Township shall notify the said owner or owners of their failure
to follow the approved specifications of the Roadmaster, and upon
failure of the said owner or owners to follow the specifications approved
by the Roadmaster, the owner or owners shall within 30 days comply
with or make corrections in accordance with the plans approved by
the Roadmaster of Derry Township, and upon the owner's or owners'
failure to make the necessary corrections within the said 30 days,
the Roadmaster of Derry Township, at the expense of the owner or owners,
shall complete the necessary construction of the curbs, sidewalks
and gutters, and driveways at the cost of the owner or owners of said
lots or real estate abutting said street or road.
B.
Should the work and materials furnished by the said Roadmaster not
be paid within 30 days by the owner or owners from the date of billing
received from the Township, the same shall be placed in the hands
of the Township Solicitor, together with 15% additional as attorneys'
commission and interest by an action of assumpsit or by municipal
lien or claim against the delinquent owners and the premises in the
manner provided by law.
At the time of submission of the plans and specifications for
the construction of any sidewalk, curbs and gutters, and driveways,
the owner or owners of any lots or real estate abutting a street or
road must file an application with the Secretary of the Board of Supervisors
of Derry Township at their business office for a permit to perform
such improvement on the abutting lot and real estate and pay an application
fee of $10. Should the owner or owners of a lot or piece of real estate
be possessed of a corner property, then an application shall be filed
with the Secretary of Derry Township for each street or alleyway along
which the owner or owners intends to construct and/or reconstruct
a sidewalk, curbs and gutters, and driveways. All Township costs for
grades and lines for said sidewalks, curbs and gutters, and driveways
must be paid on demand or within 10 days thereof by the owner or owners
at the office of the Township Secretary.
If any owner or owners of lots or real estate abutting a Township
street or road, or contractor or laborer or mechanic shall construct
and/or reconstruct any sidewalks, curbs and gutters, and driveways
or cause the same to be done without first having obtained a permit
as previously provided and having first obtained the approval of the
owner or owners plans and specifications by the Roadmaster, or to
do or cause to be done any work herein mentioned so as to violate
any of the provisions, rules or regulations provided for in this article,
or shall neglect or refuse to comply with the same or any part thereof,
he or they shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $10 nor 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.
