[Ord. 2004-O-9, 5/26/2004, § 1; as amended by Ord.
2013-O-7, 10/23/2013, § 1]
1.
Every owner of property in Newtown Township which abuts on any sidewalk
or driveway apron shall maintain said abutting sidewalk and driveway
apron and shall keep same in good repair and in a safe and passable
condition.
2.
For the purposes of this section, a sidewalk and/or driveway apron
shall be repaired and/or replaced when the following conditions exist:
A.
Greater than 25% of a section shows surface deterioration which shall
consist of an irregular surface with a depression of greater than
one quarter inch in depth or sections or portions of any section showing
signs of active spalling and/or flaking.
B.
The section is out of vertical alignment by greater than one inch.
C.
Cracks exist in any section or any other condition exists which creates
a safety hazard in the opinion of the Township.
3.
A jacking and/or pressure grouting repair is an acceptable option
for sections of sidewalk out of vertical alignment due to settlement,
but are not an acceptable repair for any of the other conditions noted
in this section.
[Ord. 2004-O-9, 5/26/2004, § 1]
Newtown Township may require owners of property abutting on
any sidewalk or driveway apron, to construct, pave, repave and/or
repair the sidewalk or driveway apron along such property, at such
grades and under such regulations as may be prescribed by the Township
Engineer.
[Ord. 2004-O-9, 5/26/2004, § 1]
Notice to construct, pave, repave and repair sidewalks and/or
driveway aprons shall be given by registered or certified mail to
abutting property owners, and such owners shall have 60 days to comply
with said notice in conformity with any construction specifications
prescribed by the Township Engineer. Failure to comply with an order
of the Township to perform work shall result in the Township completing
the work and filing an assessment against the property owner pursuant
to § 307 of this Part for the costs incurred in performing
the work.
[Ord. 2004-O-9, 5/26/2004, § 1; as amended by Ord.
2013-O-7, 10/23/2013, § 2]
At any time during the performance of the required work, the
Township Engineer or designee may inspect the work to determine whether
construction specifications are being observed.
[Ord. 2004-O-9, 5/26/2004, § 1]
The Board of Supervisors may construct, reconstruct and repair
any sidewalk and/or driveway apron in Newtown Township.
[Ord. 2004-O-9, 5/26/2004, § 1]
When the Board of Supervisors constructs, reconstructs or repairs
any sidewalk and/or driveway apron pursuant to this Part, the expense
thereof shall be paid by the abutting property owners in proportion
to their frontage, but no owner shall be liable for the cost of construction
of the sidewalk and/or driveway apron in an amount greater than 15%
of the assessed valuation of the abutting property. Any expense above
the maximum liability of abutting property owners shall be paid by
Newtown Township.
[Ord. 2004-O-9, 5/26/2004, § 1]
1.
All assessments for costs levied under this Part shall be filed with
the Township Treasurer and collected pursuant to the following regulations:
A.
The Township
Treasurer shall give 30 days notice that the assessments are due and
payable. The notice shall state the due date to each party assessed
and shall be served by mailing it to the owner of the property.
B.
If any assessment remains unpaid after 90 days after the due date,
it shall be turned over to the Township Solicitor for collection by
means of an action in assumpsit for recovery or a municipal lien filed
against the property of the delinquent owner for the amount of the
unpaid assessment, plus 1 1/2% interest per month from the date
the assessment was due. If an owner has two or more lots against which
there is an assessment for the same year, the lots shall be embraced
in one claim.
C.
Upon receipt of payment of assessments, the Township Treasurer shall
deposit the assessments in a separate account, to be paid out only
for expenses incurred in providing the construction, reconstruction
or repair of sidewalks and/or driveway aprons. Each special assessment
account shall be audited by the Board of Auditors of Newtown Township.
