This article shall be known and may be cited as the "West Donegal
Township Sidewalk and Curb Ordinance."
A.
The owner of the abutting property shall be responsible for keeping
the sidewalks and curbs immediately in front of his property in good
order and repair and free of all obstructions. The owner of the abutting
property shall repair or replace any sidewalk or curb which deteriorates
or becomes hazardous. Such repair or replacement shall be done in
accordance with the specifications set forth in this article.
B.
Should the owner of the abutting property fail to make such necessary
repairs or replacement of the sidewalk or curb, the Township may serve
upon him a notice requiring such repair or replacement. The notice
shall be served on the property owner by certified mail or by leaving
notice at his place of residence. Where the owner resides outside
the Township, notice shall be served by posting the notice on the
premises in question and mailing a copy by certified mail to the owner's
last known address.
C.
If such abutting property owner fails to comply with the requirements
of the notice within 60 days from the date of service, the Township
may make the necessary repairs or replace the sidewalk or curb. The
cost of the repairs or replacement shall be paid by the owner of the
abutting property, together with a penalty of 10%, or may be collected
as provided by law in a civil action or by filing a municipal lien
against the property.
A.
The Board at any time may require installation of curbs and/or sidewalks
in any area of the Township where curbs and/or sidewalks are missing
or deteriorated or do not have a life expectancy of more than five
years or do not have sufficient curb reveal in the opinion of the
Township Zoning/Code Enforcement Officer to provide pedestrian protection
or adequately control stormwater within the road.
B.
Any person required to or desiring to install or repair sidewalks
other than developers installing sidewalks in accordance with a recorded
subdivision or land development plan shall apply to the Township Zoning/Code
Enforcement Officer for a permit. The permit application shall identify
the name and address of the contractor, if any, who is to do the work
and the location of the work. The applicant shall confirm that he
or she shall comply with the requirements of this article in the installation
of such sidewalks.
C.
The Township Engineer or Zoning/Code Enforcement Officer may inspect
the installation of curbs and/or sidewalks to ensure compliance with
this article.
All provisions relative to installation of curbs, sidewalks and/or curb cut ramps included in Chapter 200, Subdivision and Land Development, are incorporated herein. Notwithstanding the foregoing, each installation of curbs and sidewalks shall comply with the then current regulations governing the Americans With Disabilities Act (refer to 42 U.S.C. § 12101 et seq.) and any regulations, details or specifications adopted by PennDOT for handicapped-accessible curb ramps and sidewalks. In the event of an inconsistency between the provisions of Chapter 200, Subdivision and Land Development, and regulations implementing the Americans With Disabilities Act adopted by the federal government or PennDOT, the regulations of the federal government and/or PennDOT shall prevail.
The Board, by waiver, may authorize the construction of curbs
and sidewalks other than as specified herein upon written request
from the property owner. This would include rolled curbs, slant curbs,
and brick sidewalks, etc. The property owner shall demonstrate to
the satisfaction of the Board that the proposed construction will
have equal or better results than the requirements of this article.
Every responsible party for any building or lot of land fronting
or abutting on a paved sidewalk shall remove and clear away, or cause
to be removed or cleared away, snow and/or ice from a path of at least
30 inches in width from so much of said sidewalk as in front of or
abuts on said building or lot of land.
A.
Except as provided in § 195-66B hereof, snow and ice shall be removed from sidewalks within 12 hours after the cessation of any fall of snow, sleet or freezing rain.
B.
In the event of snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in § 195-66A, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
Every responsible party for any building or structure shall
remove and clear away, or cause to be removed or cleared away, any
accumulation of snow and ice on said building or other structure which
is liable to fall on any sidewalk roadway or other public way. Such
work shall be completed within a reasonable time but not later than
12 hours after the cessation of any fall of snow, sleet or freezing
rain.
Every responsible party shall remove and clear away, or cause
to be removed and cleared away, any accumulation of snow or ice surrounding
a fire hydrant located along the frontage of the property of the responsible
party. Such work shall be completed within a reasonable time but not
later than 12 hours after the cessation of any fall of snow, sleet
or freezing rain.
No person shall deposit or caused to be deposited any snow,
leaves or ice on or immediately next to a fire hydrant or on any sidewalk,
travel lanes of a road, or loading or unloading area of a public transportation
system, except that the Township may mound snow and ice on public
cartways incident to the clearing thereof on curbs, and persons may
mound snow and ice on curbs incident to the clearing of sidewalks
in business districts. No person shall deposit or cause to be deposited
leaves on any sidewalk, travel lane, roadside gutter or swale.
In any case where the responsible party shall fail, neglect
or refuse to comply with any of the provisions of this article within
the time limit prescribed herein, the Township may proceed immediately
to clear all snow and/or ice from the sidewalk, roof or around the
fire hydrant on the property for which such person is a responsible
party and to collect the expenses of the removal, with an additional
penalty of 10% of such costs, from the responsible party or to file
a municipal lien against such property.
It shall be the duty of the owners of all real estate located
in the Township to trim and keep all trees and shrubbery located upon
such real estate or upon or along the abutting street or sidewalk,
so that:
A.
There shall at all times be a clear space of at least 14 feet between
the lowest portion of such trees and the surface of the street below.
B.
There shall at all times be a clear space of at least eight feet
between the lowest portion of such trees and the paved surface of
the sidewalk below.
C.
No portion of any such tree or shrubbery shall extend horizontally
onto any street at any point less than 14 feet above the surface thereof
or onto any sidewalk at any point less than eight feet above the surface
thereof.
