[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen 6-7-2005 by Ord. No. 595; amended in its entirety 9-17-2014 by Ord. No. 724. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings indicated herein. (Note: The definitions contained in Chapter 205 have been amended to correspond to the definitions contained in the Subdivision and Land Development Ordinance.[1])
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
One or more individuals, partnerships, associations, organizations,
corporations, legal representatives, trustees in bankruptcy or receivers.
All streets which are not public, including but not limited
to streets maintained by private agreements, by private owners, or
for which no maintenance responsibility has been established.
A street ordained or maintained or dedicated and accepted
by the Township, county, state, or federal government and open to
public use.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main, shade trees,
or for other special use, including a public or private thoroughfare
for vehicular traffic and/or pedestrian traffic, whether designated
as a street, highway, thoroughfare, parkway, road, avenue, boulevard,
land or however designated.
An area designed for pedestrians constructed to the standards
set forth in the Upper Allen Township Subdivision and Land Development
Ordinance.
Street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, and any other ways used or intended to be used
by vehicular traffic or pedestrians, whether public or private.
The Township of Upper Allen, Cumberland County, Pennsylvania,
its Board of Commissioners (Township Commissioners), its agents or
authorized representatives.
It shall be the duty of the owner and occupant, jointly and
severally, of every property or parcel of real estate fronting upon
or alongside any of the streets within Upper Allen Township to remove
all snow, slush, and ice along the full width of the sidewalks and
across driveways adjoining said real estate or property within 24
hours after such snow or slush has ceased to fall or ice to form thereon.
Snow, slush and ice shall be removed in accordance with the following
conditions:
A.
Fire hydrants shall not be covered.
B.
In the event that snow, slush and ice on a sidewalk have become hardened
and cannot be removed without the likelihood of causing damage to
the sidewalk, the person, business or entity charged with their removal
shall, within the time prescribed in this section, cause sufficient
sand or other abrasive to be put on the sidewalk to make travel thereon
reasonably safe. The person, business or entity shall, as soon as
weather permits, cause said sidewalk to be thoroughly cleaned.
C.
No snow, slush, ice or a combination thereof shall emanate from a
property or be deposited or pushed from a property onto a street or
right-of-way at any location creating a hazard, including the impairment
of visibility from or to a street or roadway.
D.
No person shall damage any Township property, including but not limited
to traffic signs, culverts, etc., while removing snow, ice, slush
or a combination thereof. Any damage to Township property shall be
repaired or replaced in accordance with the requirements of the Township
at the expense of the property owner and/or snow removal agency.
It shall be the duty of the owner and occupant, jointly and
severally, of every property or parcel of real estate fronting upon
or alongside any of the streets within Upper Allen Township to remove
or cause to be removed all snow, slush, and ice, or any accumulation
and/or impediment which would limit access to, from, and/or around
all of the fire hydrants which are located on said property, so as
to provide immediate access by fire rescue personnel in cases of emergency.
In cases involving a storm, fire hydrants shall be cleared of all
snow, ice, slush, or any combination thereof within 24 hours following
the storm; in any event, any accumulation shall be removed not less
than once in every twenty-four-hour period.
It shall be the duty of any person who owns or has a legal duty
to maintain a private or nonpublic street to keep that street passable
and drivable by clearing snow and ice from the street in a timely
and reasonable manner in order to allow for access by emergency service
vehicles and personnel. In order to meet this duty the person shall
comply with the following conditions:
A.
The owner or maintainer of a private or nonpublic street shall not
allow more than four inches of snow or slush to accumulate, or allow
ice to accumulate to a degree which renders the street impassable
or unsafe for travel at any time.
B.
The owner or maintainer of a private or nonpublic street shall apply
sufficient amounts of ice melt and/or anti-skid material to the roadway
during icy conditions and/or during freezing temperatures to ensure
that the street is safely passable to all vehicles and pedestrians.
If snow, ice or slush is not removed by an owner or occupant of property in accordance with §§ 205-2, 205-3 and/or 205-4, the Township shall remove the snow and ice in accordance with the following conditions:
A.
The Township shall provide a written notice to the owner or occupant
of the property that the accumulation of snow and ice must be removed
within 24 hours or the Township may remove the snow and ice and assess
the cost of such removal to the owner or occupant.
B.
If the accumulation of snow, slush or ice is not removed within 24
hours of the written notice, the Township may remove the accumulation
of snow, slush or ice.
C.
Following the completion of the removal of such snow, slush or ice
by the Township, the Township shall send a report of costs of said
snow, ice or slush removal, together with a notice of payment of costs,
to the party deemed to have violated this chapter by failing to remove
the accumulation of snow, slush or ice.
D.
Costs will be based upon the labor and hourly pay rate of the Township
officials or on the prevailing fair market costs, whichever is greater.
E.
If such costs are not paid within 10 days from the date of receipt
of the report of costs and notice, the Township shall send a notice
of delinquency to the responsible party with no more than five days
to make payment in full to the Township. If the owner or occupant
fails to respond, the Township may initiate a complaint before the
district justice to enforce compliance with this chapter and recover
costs.
F.
In no case can the Township be held liable if it does not exercise
the Township option to remove snow, ice, or slush, as enumerated above.
A.
The Township Zoning/Codes Enforcement Officer or other designated
Township official shall be responsible for the administration and
enforcement of this chapter.
B.
Any person who violates any provisions of § 205-2 or § 205-3 shall be guilty of a summary offense, and upon conviction thereof, be sentenced to pay a fine of not less than $25, plus costs of prosecution of the violation, and not more than $100, plus costs of prosecution of the violation. The fine and costs of prosecution of the violation are not related to any costs assessed under § 205-5.
C.
Any person who violates any provisions of § 205-4 shall be guilty of a summary offense, and upon conviction thereof, be sentenced to pay a fine of not less than $100, plus costs of prosecution of the violation, and not more than $500, plus costs of prosecution of the violation. The fine and costs of prosecution of the violation are not related to any costs assessed under § 205-5.
