[Ord. 67-7, 5/11/1967, § 1; as amended by Ord. No. 23-02, 10/12/2023]
This Part shall be known and may be cited as the "Susquehanna
Township Sidewalks and Curbs Ordinance."
[Ord. 67-7, 5/11/1967, § 2; as amended by Ord. No. 23-02, 10/12/2023]
The following words, terms and phrases as used in this Part
shall have the meanings given herein. When not inconsistent with the
context, words used in the singular include the plural, and words
in the plural include the singular, and words used in the present
tense include the future. The word "shall" is always mandatory.
The raised structural element which may be installed at the
outside edge of a street or parking area, primarily for a gutter.
The real or equitable owners of property abutting sidewalks
or streets, as in this Part defined.
Any person or persons, male or female, corporation, partnership,
association, company, individual, owner, occupant, lessee, tenant
or any organization.
A path or footwalk for public use located between the cartway
or curb line and right-of-way line of any public or municipal maintained
street or highway.
Any highway within Susquehanna Township, when maintained
by either the Commonwealth of Pennsylvania, the County of Dauphin
or Susquehanna Township.
The elected officials of Susquehanna Township, or any authorized
representative, agency or agencies of the Township appointed by the
Commissioners of the Township.
[Ord. 67-7, 5/11/1967, § 3; as amended by Ord.
74-20, 5/29/1974, § 1; by Ord. No. 23-02, 10/12/2023]
The owner of land abutting any street in the Township shall be responsible for constructing, reconstructing, maintaining, and repairing the sidewalks and curbs, now existing or hereafter constructed, as may be required by the Township, on and abutting said property, in a manner satisfactory to the Township and in conformance with the requirements of Chapter 22 of the Township Subdivision and Land Development Ordinance and the owner shall pay the costs and expenses thereof.
[Ord. 67-7, 5/11/1967, § 4; as amended by Ord. No. 23-02, 10/12/2023]
1.
It shall
be the duty of the property owner, not later than 24 hours after snow
has ceased to fall, to clear or cause to be cleared a pathway in the
sidewalk upon which such property abuts. Such pathways shall be not
less than 30 inches in width and shall be thoroughly cleared to the
extent of snow and ice or other obstruction.
2.
All sidewalks and curbs shall be kept free from all obstructions
or hazards, whether temporary or permanent, including, but not limited
to, bushes, shrubs, foliage, weeds, basketball hoops or other structures
extending out over the sidewalk, or which interfere with unimpeded
travel on the sidewalks.
[Ord. 67-7, 5/11/1967, § 5; as amended by Ord.
89-16, 11/21/1989; by Ord. No. 23-02, 10/12/2023]
1.
Snow or ice removed from sidewalks, driveways or private lots, shall
be placed on the person's property.
2.
If there shall be an excessive amount of snow or ice and there is
no longer any place on the person's property to shovel the snow, then
it may be placed along the curb line, but not in the street.
3.
Should the snow and ice on the sidewalk pavement, or footpath, be
frozen so hard that it cannot be removed without injury to the pavement
or damaging the base of the footpath, the person having charge of
the snow and ice removal, shall cause the sidewalk abutting or adjacent
to such premises to be strewn and to be kept strewn with ashes, sand,
sawdust or any suitable abrasive material, and shall as soon thereafter
as the weather shall permit, thoroughly clean such sidewalks.
4.
Fire hydrants must be free and clear of snow for a three-foot radius.
5.
Snow or ice removed from the sidewalk or sidewalk area shall be prohibited
from being deposited into the streets or roadways of the Township.
[Ord. No. 23-02, 10/12/2023]
1.
For the purposes of this Part, so that the sidewalks and curbs remain
in a condition that is not dangerous to property or persons reasonably
using the sidewalks and curbs, and so that the sidewalks and curbs
will be in a condition that will not interfere with the public convenience
in their use, the term "maintenance and repair of the sidewalks and
curbs," in any variation it may appear within this Part, shall include,
but not be limited to:
A.
Maintenance and repair of surfaces, including grinding, removal,
and replacement of sidewalks and curbs, repairs and maintenance of
sidewalks and curbs, removal of weeds and/or debris, supervision and
maintenance of signs, tree root pruning, installation of root barriers,
trimming of shrubs and/or ground cover and trimming shrubs within
the area between the property line of the adjacent property and the
street paving line.
2.
Liability for Injuries to Public. Any person required by § 21-103 to maintain and repair sidewalks and curbs shall owe a duty to members of the public to keep and maintain the sidewalks and curbs in a safe and nondangerous condition. If, as a result of the failure of any person to maintain and repair the sidewalks and curbs, any person suffers injury or damages to the person or property, the owner shall be liable to such person for the resulting damages or injury. Property owners shall be liable to the Township for any amounts paid or incurred by the Township consequent from claims, judgments, or settlements and for all reasonable investigation costs and attorneys' fees resulting from the responsible property owner's failure to maintain and repair the sidewalks and curbs.
3.
Duty of Property Owners; Notice and Order for Paving and Curbing.
As and when the Commissioners, or their designee, shall deem it necessary
for the safety and convenience of the public or the protection of
streets and property that a sidewalk or curb be constructed, reconstructed,
or repaired, a notice and order to construct, reconstruct, or repair
a sidewalk or curb shall be provided in writing to the owner of the
land abutting the relevant street in the Township. Such owner shall
have 90 days in which to construct, reconstruct, or repair the sidewalk
or curb, except that when, in the opinion of the Township Manager,
the required construction, reconstruction, or repair presents an emergency,
including, but not limited to, whenever a public nuisance results
from the condition of a sidewalk or curb and the safety of pedestrians
is imminently jeopardized, the owner shall have 48 hours in which
to construct, reconstruct, or repair the sidewalk.
4.
Permit Required for Sidewalk or Curb Work. No party or person whatsoever
shall lay any sidewalk or install any curbing, nor make any repairs
thereto, or remove, destroy, change the grade or location of any such
sidewalk or curb, or any part thereof, until he or she has procured
a permit therefor from the Township for which he or she shall pay
a sum, in an amount as established from time to time by resolution,
which shall be paid into the Township Treasury.
[Ord. No. 23-02, 10/12/2023]
It shall be unlawful and is hereby declared to be a nuisance
for any person or persons to erect, set up, place, or maintain any
obstruction within the boundaries of any public street, or to plant
any trees or shrubbery within the boundaries of any public street,
or to maintain or allow any branches of any tree or shrub to overhang
or protrude into the area of any public street so as to obstruct the
safe and convenient passage of vehicles and persons along such public
street. "Public street," as used herein, shall be deemed to mean the
legal right-of-way established for any street or highway, including
both the cartway and the area of sidewalks, if any, and the right-of-way
of any street, road, avenue or lane open to the public and used by
the public as a public street or right-of-way.
[Ord. No. 23-02, 10/12/2023]
It shall be unlawful for any person owning or occupying property
along any public highway, road, street, avenue, public land or public
alley in the Township to drain, to allow to drain, or to allow the
percolation, flow or discharge of any wastewater or drainage from
sinks, bathtubs, lavatories, water closets, privies, cesspools or
any other foul, polluted or offensive water or drainage of any kind
into or upon any public highway, road, street, avenue, public lane
or public alley by any means whatsoever.
[Ord. No. 23-02, 10/12/2023]
1.
Specifications for curbing shall include, among other things, that
they shall:
A.
Be 18 inches high, with 10 inches below street grade.
B.
Be eight inches thick at the bottom and seven inches thick at the
top. Curb to be constructed with one-inch bevel from street grade
to top of curb, three-fourths-inch radius on the front side and one-fourth-inch
radius on the back side, as per the Pennsylvania Department of Transportation
Standard Detail.
C.
Be constructed of cement concrete with a compressive strength of
3,300 pounds per square inch and meet the Pennsylvania Department
of Transportation requirements for Class A cement concrete.
D.
Contain contraction joints spaced in uniform lengths or sections
of 15 1/2 feet maximum, except where shorter sections are necessary
for closures or curves, but no section shall be less than four feet.
Contraction joints may be either hand-formed or sawed joints. They
shall be: 3/16 of an inch wide and two inches deep. Construction joints
shall have tooled edges. Pre-molded expansion joint material 3/4 of
an inch thick shall be cut to conform to the cross-sectional area
and be placed at structures and at the end of a day's work.
E.
Be constructed using rigid metal forms, except wood forms may be
used on sharp curves and short tangent sections when approved by the
Township Engineer.
2.
All work and materials shall be in accordance with Pennsylvania Department
of Transportation Form 408 and/or be approved by the Township Engineer.
3.
Concrete curbs (straight) shall be in accordance with standards and
specifications established by the Township.
[Ord. No. 23-02, 10/12/2023]
1.
General. All work and materials shall follow Pennsylvania Department
of Transportation Form 408, except as provided or approved by the
Township Engineer.
2.
Size.
A.
Cement concrete sidewalks shall be five feet wide by four inches thick, except at driveways where the sidewalk shall be reinforced, be a minimum of six inches thick, and be constructed in accordance with Chapter 22 of the Township Subdivision and Land Development Ordinance. The sidewalk shall be separated from the curb by a one-half-inch expansion joint for the entire thickness of the sidewalk.
B.
Replacement cement concrete sidewalks shall be constructed to the
size of the adjoining sidewalk, as directed by the Township.
3.
Concrete. Concrete shall conform to Class A concrete for cement concrete
sidewalks. Class A concrete shall have a minimum compressive strength
of 3,300 pounds per square inch (psi) after 28 days.
4.
ADA Ramps. ADA ramps shall be installed at locations as directed
by the Township.
[Ord. 67-7, 5/11/1967, § 6; as amended by Ord.
74-20, 5/29/1974, by Ord. 89-16, 11/21/1989; by Ord. No. 23-02, 10/12/2023]
1.
Any person, firm or corporation who shall violate any provision of
this Part 1 shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this Part continues shall constitute
a separate offense.
2.
Rights and Remedies Cumulative. The rights and remedies of the Township
as prescribed by this Part or otherwise by law with respect to sidewalks
and curbs, and the criminal sanctions herein provided, shall be cumulative,
and the pursuit of one shall in no way preclude simultaneous or subsequent
pursuit of another.
[Ord. 67-7, 5/11/1967, § 7; as amended by Ord. No. 23-02, 10/12/2023]
Upon the failure of the owner of the property to comply with a notice and order issued pursuant to § 21-106, Subsection 3 (Duty of property owners; notice and order for paving and curbing), and to do the work ordered therein, the Township is hereby authorized and required to satisfy the notice and order, as soon as practicable, and the owner of the property shall be responsible for the cost to the Township to satisfy the notice and order, together with an additional 10% penalty. Upon completion of the work, the Township shall ascertain the exact cost of the construction, reconstruction, or maintenance and repair and compute the amount for which the owner is liable and shall certify the same to the Township, and the Township shall immediately there serve written notice upon the owner setting forth the exact sum for which the owner is liable, and that the same shall be payable to the Township within 30 days from the date of the notice. In the event that that owner cannot be located, then notice shall be fixed in a conspicuous place upon the property, and the exact sum for which the owner is liable shall be payable to the Township Secretary within 30 days from the date of the posted notice. After the expiration of the 30 days, it is hereby authorized that the amount may be levied, and it shall be levied, upon the owner, and the Township shall place the sum unpaid in the hands of the Township Solicitor for collection according to law, who shall collect the same as provided by law either by a municipal lien filed therefor or by action in assumpsit.
