[Ord. 137, 7/5/2005]
For the purposes of this Part, these terms shall be defined
as follows:
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]
1.
The Board of Supervisors may require the installation of sidewalks
along any Township or other public right-of-way in the Township when
the Board of Supervisors, in its discretion, determines that sidewalks
are necessary to assure the safe movement of pedestrians in the Township.
2.
In considering all future site plan applications, the Township Board
of Supervisors may require the applicant or developer to provide sidewalks
when the Board of Supervisors, in its discretion, determines that
sidewalks are necessary to assure the safety of the property owners
in the proposed plan and the residents of the Township.
[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]
1.
It shall be the responsibility of the owner and/or legal resident
of the property abutting the sidewalk to keep it clear of obstructions.
2.
It shall be unlawful to allow ice, snow or other debris to remain
on the sidewalk longer than 12 hours after its accumulation.
3.
Sidewalks are intended for the use of pedestrians only. It shall
be unlawful to drive or park any motor vehicle on any sidewalk except
as required to enter or exit from a driveway.
4.
It shall be the responsibility of the owner or legal resident of
the property to remove from the sidewalk, prior to darkness, any object
or other materials which might endanger a pedestrian.
5.
It shall be unlawful for the owner and/or legal resident of the property
abutting the sidewalk to operate an air conditioner or other cooling
device in a manner whereby water or other fluids emitted from such
cooling are permitted to drip upon or flow onto the sidewalk.
[Ord. 137, 7/5/2005]
1.
It shall be unlawful for any person to occupy or to use any sidewalk,
or any portion thereof, or to place signs, signboards or other devices
upon the sidewalk, for the purpose of exhibiting or vending any merchandise,
except with permission of the Township Code Official/Building Inspector
as set forth below and subject to the prohibition set forth in subsection
.6, below.
2.
It shall be unlawful to put or place upon any sidewalk any boxes,
barrels or other articles that would tend to obstruct the free use
of any sidewalk, except when articles are so placed during loading
or unloading, removing or storing away the same and such articles
do not remain on any sidewalk for more than one hour; when any sidewalk
is so used, a free passageway of at least three feet shall be left
at all times.
3.
It shall be unlawful to use any sidewalk as a transfer or assembling
point for the purpose of assembling packages for delivery or reassembling
the contents of delivery vehicles.
4.
It shall be unlawful for any owner or contractor to obstruct any
sidewalk in front of any building in process of erection or being
repaired, but such sidewalk shall always be kept open for public traffic
and such sidewalk kept in a safe and passable condition.
5.
It shall be unlawful to permit any rubbish, debris or any other matter
to remain upon or interfere with the free use of any sidewalks.
6.
Sandwich board signs and mechanical vending devices shall not be
permitted on any public right-of-way. This prohibition shall be interpreted
to prohibit the display or placement of sandwich board signs and mechanical
vending devices on a permanent or temporary basis.
7.
For purposes of this section, "mechanical vending devices" shall
be defined as those coin, currency or debit card operated devices
that are used to market, sell and dispense merchandise, beverages,
food, or other similar items. This definition shall not include those
machines used solely to sell and dispense newspapers.
[Ord. 137, 7/5/2005]
1.
No owner or legal resident of a property abutting a sidewalk shall
permit trees to interfere with the free use of said sidewalks. Branches
of trees shall be trimmed so that the lowest part of said trees or
branches are at least eight feet above the sidewalk.
2.
It shall be unlawful to permit weeds, grasses, plants, bushes or
shrubbery to grow upon or lean over or obstruct the sidewalk in any
manner whatsoever.
3.
The owner or legal resident of a property shall be responsible for
the proper maintenance of any grassed, landscaped, or planted area
between the sidewalk and curbline or pavement of the street.
[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.
