This article shall be known and may be cited as the "Sidewalk
Construction Ordinance."
Unless specifically designated otherwise in the particular ordinance
affecting a street, the following classification of widths shall prevail,
except where the width of the sidewalk herein designated is not in
conformity with existing sidewalks on a street.
A. On residential streets and highways, the sidewalk shall be four feet
in width.
B. On streets and highways of the business section of Towanda Borough,
which shall encompass all areas zoned commercial, including but not
limited to the C-2 (Central Business) District and the C-3 (Highway
Commercial) District areas, the sidewalk shall be at least six feet
in width and shall extend to the building line wherever a building
abuts on the street line. The slope or grade from the property line
to the curb shall be 1/4 inch per foot.
[Amended 7-5-1983 by Ord. No. 7-1983]
The Borough Council shall, at its own expense, furnish to the
property owners a grade to which the property owners must conform
in laying the sidewalk.
All new homes constructed after the enactment of this article
shall construct new sidewalks of concrete in accordance with the specifications
contained in this article.
[Amended 7-5-1983 by Ord. No. 7-1983]
A. Financial responsibility for constructing, maintaining and repairing.
Sidewalks for the use of pedestrians shall be constructed and maintained,
in safe and usable condition in or along streets and highways in the
Borough of Towanda at the expense of the owners of the abutting premises.
B. Notice to construct, replace or repair sidewalks. If the Borough
of Towanda shall determine that a sidewalk should be constructed,
repaired or replaced in its entirety, either at an individual property
or as part of a project to improve any block, neighborhood or area
of the Borough, it shall cause a notice, in writing, to be served
on all affected owners, specifying the nature of the construction,
replacement or repair and the date by which such construction, replacement
or repair must be accomplished.
C. Time of notice. In the case of repairs which are to be accomplished
by the owner of an individual property, the written notice shall be
served not less than 90 days prior to the date by which such repairs
are to be completed. In the case of new construction or a project
of replacement, which the Borough proposes to coordinate on behalf
of affected property owners, in the interests of uniformity of elevation,
dimension and specification and of the economy of a scale reasonably
anticipated in a project encompassing more than one individual property,
such notice shall be served not less than 10 days to the proposed
commencement of such construction or replacement; unless such construction
or replacement shall necessitate some preparation work which the Borough
shall require to be completed by the affected owner, in which case
such notice shall be served not less than 30 days prior to the date
by which such preparation work shall be completed in order for the
project to proceed in an orderly and uninterrupted fashion.
D. Public notice of proposed project. In the course of planning any
proposed project of new construction or replacement of sidewalks in
any block, neighborhood or area of Towanda, which project shall commence
after December 31, 1983, the Borough of Towanda shall hold at least
one public hearing for the purpose of gathering information from affected
property owners and others as to the need, desirability, specifications,
timing and cost of the proposed project. Such hearing shall occur
at least three months before the commencement of construction or replacement
under the proposed project, and notification of such hearing shall
be given in a newspaper of general circulation in the Borough and
by regular mail to all affected property owners.
E. Failure of owner to comply. Upon failure of any abutting landowner
to commence repair of a sidewalk or to complete any preparation work
in a project of replacement, within the time specified in a duly served
notice under this section, the Borough of Towanda may cause such repair
or preparation work to be completed in accordance with this article.
Upon completion of such repair or preparation work by the Borough
at its cost or upon failure of an affected owner to pay his proportionate
share of the cost of a project of construction or replacement, assessed
according to law, the Borough shall have the authority to file a municipal
claim for such cost, together with 10% of the same authorized by law,
and to proceed to collect all sums due and owing, either in a municipal
lien proceeding or by other legal means.
Any violation or failure to comply with any provisions of this
article shall constitute a summary offense and shall be subject to
a fine of $100, plus costs of prosecution. Any person who fails to
abate any violation of this article after notice of such violation
shall be subject to an additional penalty of $200.