[Ord. 137, 7/5/2005]
For the purposes of this Part, these terms shall be defined
as follows:
SIDEWALK
A pedestrian walkway including, for the purposes of this
Part, supporting walls, retaining walls, railings, grass area between
sidewalk and curb and any other structures or appurtenances necessary,
desirable or incidental to the installation and safe use of a sidewalk.
[Ord. 137, 7/5/2005]
The cost of the initial installation of sidewalks shall be allocated
as follows:
A. When required as part of a subdivision, land development or site
plan, the cost of installation shall be the responsibility of the
developer.
B. When authorized by the Board of Supervisors in areas where no subdivision
or site plan approval is involved, the cost shall be borne by the
abutting property owner or owners pursuant to the requirements of
the Pennsylvania Second Class Township Code, 53 P.S. § 65101
et seq., as amended. All such costs shall be assessed and collected
pursuant to the requirements of the Pennsylvania Second Class Township.
[Ord. 137, 7/5/2005]
Sidewalks shall be installed, replaced or repaired in accordance
with Township Construction Standards [Part 6]. The location, size
of sidewalks, as well as the material utilized for construction, shall
be subject to the approval of the Township Engineer.
[Ord. 137, 7/5/2005]
After the initial installation of any sidewalk, all repairs
and replacement are the responsibility of the abutting property owner.
The Township Code Official/Building Inspector may issue a notice to
the property owner to replace and/or repair a sidewalk within a reasonable
time period after the receipt of the notice. If the property owner
fails to comply, within the time period specified in such notice,
then the Township may perform the work and recover the cost plus 10%
penalty from the property owner as allowed by law.
[Ord. 137, 7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, 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 Procedures, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer or agent that the Township Secretary or the Board
of Supervisors shall deem appropriate.