[Adopted 9-14-1987 by Ord. No. 112]
This subarticle is intended to provide for the repair, reconstruction
and removal of obstructions from sidewalks available for use by the
public which are presently existing or which may be constructed in
the future. This subarticle is enacted for safety purposes in order
to protect the public which use such sidewalks, and to prevent dangerous
conditions on sidewalks intended for public use whether on public
rights-of-way, on easements for the use of the public, or on sidewalks
located on private property. Such dangerous conditions, in the form
of improperly maintained or deteriorated sidewalks, or in the form
of obstructions, are declared to be nuisances constituting a danger
to the public.
Unless a contrary intention clearly appears, the following words
and phrases shall have the meanings given in this section. All words
and terms not defined herein shall be used with a meaning of standard
usage.
OBSTRUCTION
An obstacle or impediment which renders the sidewalk impassable
without unreasonable inconvenience or hazard.
RECONSTRUCT
To replace and rebuild or relay a sidewalk upon determination
that it can no longer be repaired by patching and fixing.
REPAIR
To restore to a safe and sound state by patching or fixing
after decay, deterioration or partial destruction.
SIDEWALK
A paved walkway for pedestrians available for use by the
general public, whether located on the owner's property, in an easement
for public passage, or within the right-of-way of any street, drive,
avenue, highway, road, lane or alley.
It shall be the duty of owners of property upon which sidewalks
presently exist or upon which sidewalks are constructed to maintain
them in good repair, repair and reconstruct them when necessary, and
keep them free from obstructions and safe for passage by pedestrians.
A. In the event that the condition of any sidewalk is observed by the
Township Manager or other authorized Township employee to require
repair, reconstruction or removal of obstacles, a written notice shall
be sent to the property owners requiring them to repair, reconstruct
or remove obstructions. The notice shall specify the nature of the
defect or obstruction, the portion of the sidewalk to be repaired
or reconstructed, or the obstruction to be removed. For repair or
reconstruction, the notice shall also specify the current construction
material and the scope of the repair or reconstruction required.
B. Reconstruction shall be accomplished according to the specifications
set forth in this subarticle. Repairs shall be made according to the
criteria for repairs set forth in this subarticle. Said notice shall
be delivered personally to the owner, sent by certified mail, or posted
on the property.
A. The property owner shall effect, or cause to be effected, the repairs
or reconstruction described in the notice within 90 days after the
receipt of the notice specified above. In the event that the Township
Manager determines that the condition constitutes a dangerous condition
or an emergency, the Township Manager may reduce the time for repairs,
reconstruction or removal of obstacles to 48 hours or to such period
as he deems necessary and appropriate.
B. In the event of an obstruction, the property owner shall remove or
shall cause to be removed the obstruction within seven days of receipt
of notice or, if deemed to constitute an emergency, within 48 hours
or such other time period as he deems necessary and appropriate.
When it is determined that reconstruction of a sidewalk is necessary,
or in the event a property owner reconstructs a sidewalk prior to
determination or notice, the same shall be reconstructed according
to the following specifications:
A. ASTM standards. Materials and methods shall meet the requirements
of the latest specifications of the American Society for Testing Materials
(ASTM).
B. Width. The standard width for all sidewalks shall be four feet, except
as follows:
(1) Additional width. In areas designated "Commercial" on the Township
Zoning Map, the Township Supervisors may require by resolution an
additional width so that the sidewalk shall extend from the curbline
to the property line.
(2) Less width. In places where the sidewalk cannot be made four feet
wide because of existing tree trunks or roots, the Township Supervisors
may, upon request of the property owner, allow a lesser width.
C. Portland cement concrete sidewalks. All sidewalks shall be constructed
of portland cement.
D. Material. All concrete shall be Class A (3,300 psi), 28 days compressive
strength and have one- to three-inch slump, 5% to 7% air entrainment,
six to eight bags of cement per cubic yard of concrete, and a maximum
water-cement ratio of 0.50 (lbs./lbs.).
E. Grades. The grass plot shall have a slope of 3/8 inch per foot rise
from top of curb to street edge of sidewalk. The sidewalk shall have
a 1/4 inch per foot rise from the street edge to the abutting property
edge of the sidewalk. Grades may be adjusted on an individual basis,
as authorized by the Township Engineer or Manager.
F. Subgrade foundation. The subgrade shall be well drained and thoroughly
compacted to a firm, even and uniform bearing surface. Unsuitable
material shall be removed and replaced.
G. Forms. Forms extending the full depth of the concrete shall be used.
H. Drains. Drains will be installed, when necessary, to protect the
sidewalk from frost damage.
I. Thickness. All sidewalks shall be of one course construction not
less than four inches thick in residential and commercial areas and
not less than six inches where a driveway crosses the sidewalk.
J. Contraction joints shall be spaced in uniform lengths or sections
of five feet for sidewalk and may be either hand formed or sawed.
If sawed, they shall be 3/16 inch wide and a minimum of two inches
deep.
K. Expansion joints shall be constructed of premolded one-half-inch
expansion material placed the full depth of the sidewalk, curb, or
curb gutter and at right angles to the surfaces of the aforementioned.
Expansion material shall be placed between the sidewalk and any rigid
structure (e.g., another sidewalk, curb or curb gutter, inlet, concrete
driveway, light post).
L. Edging. All hand-formed contraction and expansion joints shall be
edged with an edge having a one-fourth-inch maximum radius.
M. Slip-resistant textures. A slip-resistant texture shall be achieved
on all sidewalks by coarse brooming of the finished surfaces.
N. Curing. All concrete shall be cured by applying a white pigmented
liquid membrane-forming curing compound or another method with authorization
of the Township Engineer.
O. Sealing. All new concrete shall be sprayed with an antispalling compound
(boiled linseed oil) mixture at the rate of 0.02 gallon per square
yard or at the rate specified by the manufacturer, applied approximately
45 days to 60 days following placement. Application shall be by pressure-spray
equipment, portable hand-spray equipment, brushing or by a combination
of these methods to insure complete coverage of treated concrete surfaces.
It is recommended that a second application be made a minimum of 24
hours after the initial application.
P. Placing and finishing. Concrete shall be placed, consolidated, struck
off and floated until an even and true surface is obtained. Care shall
be taken to avoid overfinishing (i.e., bringing to the surface an
excess of water and fine sand).
Q. Backfilling. After the concrete has cured for at least 72 hours,
spaces adjacent to the sidewalk shall be backfilled with topsoil and
compacted in such a manner to prevent settling below sidewalk grade.
R. Seeding. Disturbed areas shall be seeded and/or mulched as necessary
to insure new growth over disturbed areas.
The following criteria shall be followed in making repairs:
A. Horizontal alignment. A sidewalk square must be repaired when a crack
within a square or a joint between two adjacent squares has separated
to a distance of 3/8 inch or greater, or when the edges of a crack
are chipped or broken to create surface openings of 3/8 inch or more.
Where expansion or contraction joints have widened to 3/8 inch or
greater, repairs should be made in such a way as to allow for expansion
to occur later. If multiple cracks exist within a square, or if vertical
movement occurs around a crack, the square should be removed and replaced.
B. Vertical alignment. Repairs must be made when a sidewalk square or
portion of it has risen or sunk 3/4 inch or more in relation to the
remainder of the square or to an adjacent square. The square can be
physically raised or lowered to be realigned with the adjacent squares.
If an entire square has sunk, it may be patched with concrete bonded
overlay of the entire square. The minimum thickness of this patch
cannot be less than one inch. Placing a wedge of patch material over
a portion of the square is not acceptable.
C. Surface deterioration. A sidewalk square must be repaired when 25%
or more of the exposed horizontal surface has chipped or crumbled,
exposing aggregate and creating peaks and valleys, to a depth at any
point of 1/2 inch or more below the original surface.
D. Portland cement. Repair must be made with a half-and-half mixture
of portland cement and sand, or with a commercial two-part epoxy-type
concrete patch material.
E. Removal of deteriorated materials. Deteriorated materials must first
be removed to a depth adequate to expose sound concrete and this surface
prepared with bonding material to epoxy as prescribed by the patch
material manufacturer.
F. Reinspection. All repairs must be completely intact when reinspected,
i.e., a sealed crack must show no sign of recracking, no additional
deterioration may have occurred on the edges of the patch area, etc.
Trees, shrubbery, bushes, poles, pipes, or other objects now
or hereafter placed or maintained on the sidewalk limitations, or
which overhang the sidewalk pavements as are herein provided, shall
be so placed or maintained as to prevent injury to person or property
and shall be removed, changed or trimmed upon 10 days' notice whenever,
in the judgment of the Township Manager, it is deemed necessary for
the health, safety, welfare and convenience of the Township or of
the inhabitants of the particular section thereof. Such trees, poles,
pipes or other objects overhanging the sidewalks which are obstructions
shall constitute a nuisance. Failure to remove such obstructions after
notice to do so shall constitute a violation of this subarticle.
Where driveways exist or are hereafter constructed between the
sidewalk and curbline, or from the street to the abutting property,
they must be so constructed that the material used will not work loose
or scatter from the driveway (e.g., portland cement concrete, bituminous
concrete, or brick).
Failure of a property owner to effect repair, reconstruction
or removal of obstructions after expiration of the time limit specified
in the notice and in accordance with such notice and the terms of
this subarticle shall constitute a nuisance and a violation of this
subarticle.
Upon failure of any owner of property to effect the repair of,
reconstruction of, or removal of obstacles on the sidewalk within
the time period specified in the notice, the Township Manager may,
in addition to all other penalties, cause the same to be done and
collect the cost of same from the property owner, together with a
penalty of 10%, by summary proceedings in the manner provided for
the collection of municipal claims, by action of assumpsit without
the filing of a claim, or by actions instituted in courts of equity.
Failure of a property owner to effect the repair, reconstruction
or removal of obstruction within the time period specified in the
notice and in accordance with such notice and the terms of this subarticle
shall constitute a violation. Any person, firm or corporation who
shall violate any provision of this subarticle, upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000, plus costs, and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this subarticle continues or each section of this
subarticle which shall be found to have been violated shall constitute
a separate offense.
[Adopted 9-14-1987 by Ord. No. 113]
The Board of Supervisors of Harris Township finds that the failure
of property owners to remove snow and ice from sidewalks abutting
their property or sidewalks on their property or sidewalks in easements
across their property used by the public creates a nuisance and an
unsafe condition for the pedestrian public traveling on such sidewalks.
This subarticle is adopted pursuant to the authority of Section 1506
of the Second Class Township Code, 53 P.S. § 66506.
It shall be the duty of the owners and occupiers of properties
as hereinafter provided, and the owners of unoccupied lots along whose
premises sidewalks have been laid or may hereafter be laid under the
authority of the Township, to cause said sidewalks along their respective
properties to be cleared to the width of said sidewalk of snow and/or
ice within 12 hours after the same shall have ceased to fall, in the
case of snow, or shall have occurred, in the case of ice.
A. Whenever it shall be reported to or observed by the Township Manager
or his designee that the owner or occupant of real property in the
Township shall have failed to comply with any of the terms of this
subarticle, the Township Manager shall cause a written notice to be
served upon the owner or occupant, or both, directing the owner or
occupant, or both, to comply with all the terms of this subarticle
within three hours.
B. Such notice may be served personally or may be left upon the property
by being posted in a conspicuous place upon the property.
Any person, firm, partnership or corporation who or which shall
fail to remove snow or ice within three hours in accordance with the
notice specified in the previous section, upon conviction thereof
in an action brought before a Magisterial District Judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000, plus costs, and, in default of payment of said fine
and costs, to a term of imprisonment not to exceed 90 days. Each day
that a violation of this subarticle continues or each section of this
subarticle which shall be found to have been violated shall constitute
a separate offense.
In the event of the failure of the owner and/or occupant to remove the snow or ice within three hours of the time of the delivery or positing of the notice specified in §
7-2.23, the Township may have the snow and ice removed and bill the owner for the cost thereof, plus a penalty of 10%. These costs and penalties shall be in addition to fines for violations. Penalties may be collected by summary proceedings or in the manner provided for the collection of municipal claims or by any action in assumpsit without the filing of a claim.