[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. AO, Adopting Ordinance).
[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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. AO, Adopting Ordinance).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. AO, Adopting Ordinance).
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.