[Adopted 10-14-1974 as Article 905 of the Codified Ordinances of Newtown Township
1973]
A.
A uniform system of curbs, gutters and sidewalks along both sides
of all public highways in the Township is hereby established, such
gutters to be of a width of not less than 24 inches and such sidewalks
to be of a width of not less than four feet unless otherwise prescribed
by resolution of the Board of Supervisors.
B.
Such sidewalks, curbs and/or gutters shall be graded and constructed
by the owners of lots fronting thereon in accordance with such specifications
and at such grade as shall be prescribed by the Township Engineer
with the approval of the Board of Supervisors. No person shall hereafter
lay out, construct or build any such sidewalks, curbs and/or gutters
except in compliance with the terms of this article and at the grade
and in accordance with the aforesaid specifications.
C.
The sidewalks, curbs and/or gutters so designated shall be graded
and paved at the grades and in accordance with the aforesaid specifications,
and such specifications and grades shall be kept on file in the office
of the Township Manager for the inspection of all persons interested
therein.
[Amended 4-24-1995 by Ord. No. 1995-2]
[Amended 4-24-1995 by Ord. No. 1995-2]
A.
Whenever the grading and paving of any such sidewalks, curbs and/or
gutters shall be prescribed by resolution in accordance with the authority
granted to the Board of Supervisors, written notice shall be given
by the Township Manager to the owners of the property affected thereby,
to grade and construct the sidewalks, curbs and/or gutters in front
of their respective properties within a period of not more than 60
days from the service of the notice. Such written notice shall state
and contain the grade, lines and aforesaid specifications. The notice
provided for in this section may be served on the property owner or
on the known agent of the owner or upon the occupant of the property,
or if there is no agent or occupant known, the notice shall be posted
on the most public part of the property in front of which the sidewalks,
curbs and/or gutters are to be installed.
B.
It shall be the duty of each owner to construct the sidewalk, curb and/or gutter with such grading and filling as is necessary in front of the respective properties within the period prescribed in § 145-2. Should any property owner fail to comply with the requirements of this article within the time specified in the notice, the Board of Supervisors shall cause the sidewalk, curb and/or gutter in front of such property to be constructed in accordance with the requirements hereof, and the entire expense of the construction thereof, including the grading and filling, shall be charged against such properties.
The cost of construction of such sidewalks, curbs and/or gutters,
including repairs thereto, shall be assessed by the Township Engineer.
The Township Secretary shall cause 30 days' written notice of the
assessment to be given to each party assessed by either service on
the owner or on the known agent or upon the occupant of the property,
or if there is no agent or occupant known, then the notice of assessment
shall be posted on the most public part of the property. If any assessment
remains unpaid at the expiration of the notice, it shall be the duty
of the Township Solicitor to collect the same, with interest from
the time of completion of the same and a penalty of 10% thereon, by
action of assumpsit, or by a lien to be filed and collected in the
same manner as municipal claims. When an owner has two or more lots
against which there is an assessment for the same improvement, all
of such lots shall be embraced in one claim.
All owners of property abutting upon public highways are hereby required to keep the sidewalks, curbs and/or gutters in front of, along and upon the premises or lots owned by them in good order and repair and at all times to keep level with the sidewalks all water, gas, sewer or drain stop boxes or vent boxes and to keep the sidewalk at all times free and clear from obstruction for safe and convenient passage. In the event of failure of the owner to do so, the Board of Supervisors may, upon notice of such conditions, cause such sidewalks, curbs and/or gutters to be repaired or any obstruction to be removed therefrom, and the cost and expense thereof, together with a penalty of 10%, shall be charged against such property owner in accordance with § 145-3.
[Amended 4-24-1995 by Ord. No. 1995-2]
When the particular sidewalks, curbs and/or gutters are required
from time to time to be graded and paved under the authority granted
by the Second Class Township Code[1] or any other law of the commonwealth, they shall be designated
by resolution of the Board of Supervisors, and it shall be the duty
of the Township Manager to notify all owners of property affected
thereby, in accordance with the provisions of this article and such
resolution or resolutions.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
No sidewalks, curbs and/or gutters shall be laid, constructed, relocated
or repaired in front of any property abutting upon any highway or
street without first obtaining from the Board of Supervisors a permit
therefor before such work is begun, except where a sidewalk, curb
and/or gutter is directed to be laid and constructed or relocated
by order of the Board of Supervisors as hereinbefore provided. Before
such permit is issued and the work begun, a written application shall
be filed with the Township Manager, setting forth the character and
the location of the proposed sidewalk, curb and/or gutter.
[Amended 4-24-1995 by Ord. No. 1995-2]
B.
The application shall be signed by the owner of the property for
whom such work is to be done, and the applicant for a permit shall
pay, before the issuance of the permit, a permit fee in accordance
with the fee schedule set by resolution of the Board of Supervisors.
[Amended 4-24-1995 by Ord. No. 1995-2]
C.
Before a permit is issued, the Township Engineer shall fix and establish
the location, grade and specifications of such sidewalk, curb and/or
gutter and deliver the same to the owner. When the permit is issued,
the owner of the property shall construct the sidewalk, curb and/or
gutter in accordance with the location, grade and specifications furnished
as aforesaid.
[1]
Editor's Note: The curb and sidewalk permit form is on file
in the office of the Township Secretary.
[Amended 4-24-1995 by Ord. No. 1995-2]
Any person, firm or corporation violating any provision of this
article shall, upon conviction, be punishable by a fine not exceeding
$1,000, plus costs of prosecution, and, in default of payment of such
fine and costs, shall be imprisoned for a term not exceeding 30 days.
