[Ord. 606, 5/5/1987, § 101]
This Part is enacted in accordance with the general power of
the Borough to enact such ordinances and with specific powers to regulate
the streets, services, public squares, common grounds, sidewalks,
curbs, gutters, culverts and drains and the heights, grades, widths,
slopes and construction thereof; and to lay out, ordain and establish
sidewalks and to compel the construction thereafter of such grades
and under such regulations and specifications as Council may prescribe.
[Ord. 606, 5/5/1987, § 102; as amended by Ord.
810, 12/17/2007; by Ord. 860, 11/12/2012, § 1; and by Ord. 897, 8/8/2016]
1.
Prior to the transfer of ownership of any property in the Borough
of Oxford, the seller shall be required to:
A.
Repair any existing sidewalk, curb, or gutter deemed by the Code
Enforcement Officer upon inspection of the property to be substandard
due to a deteriorating, unsafe, or otherwise hazardous condition.
Such repair shall be done in a manner as stipulated by the Code Enforcement
Officer and shall comply with the standards for sidewalk repair contained
in this Part.
[Ord. 606, 5/5/1987; as added by Ord. 860, 11/12/2012, § 2;
and amended by Ord. 864, 2/11/2013, § 1; by Ord. No. 897,
8/8/2016; Ord. No. 915-2018, 5/21/2018; Ord. No. 936-2020, 1/13/2020; and by Ord. No. 940-2021, 1/11/2021]
1.
Where deemed necessary to protect public health, safety and welfare
or to improve or facilitate pedestrian movement or to eliminate a
missing link in a sidewalk system or to reduce conflicts between pedestrian
and vehicular traffic or in areas of relatively high, or potentially
high, pedestrian traffic, such as in the vicinity of multifamily dwelling
units, office developments, schools, commercial or industrial centers,
youth-oriented facilities or community facilities, the Borough Council,
or its designee, the Code Enforcement Officer may require, by written
notice, the owner of property proximate to such areas to install sidewalks
and/or curbs and/or gutters.
A.
Construction of the required sidewalks and/or curbs and/or gutters
shall be in accordance with all applicable requirements of this Part,
unless otherwise stipulated by the Borough Council, or its designee,
the Code Enforcement Officer.
B.
Where a sidewalk and/or curb and/or gutter is required under the
terms of this section, it shall be installed by the property owner
within such time as specified in the written notice requiring the
installation of sidewalks and/or curbs and/or gutters issued by Borough
Council, its designee, the Code Enforcement Officer.
2.
If the
Code Enforcement Officer shall require that a property owner install
sidewalks, curbs, or gutters, and the property owner disagrees with
such determination, the property owner may request, in writing, that
Borough Council review the decision of the Code Enforcement Officer.
The decision of Borough Council as to whether the property owner shall
be required to install sidewalks, curbs or gutters shall be the final
determination of the matter.
[Ord. 606, 5/5/1987, § 103; as amended by Ord.
860, 11/12/2012, § 3; Ord. No. 915-2018, 5/21/2018; and
by Ord. No. 940-2021, 1/11/2021]
Every owner of property in the Borough of Oxford shall, upon
written notice from the Borough Council, or its designee, the Code
Enforcement Officer repair, replace or reconstruct the sidewalk and/or
curb and/or gutter in front of or alongside of such property designated
in the written notice. Unless stipulated otherwise by the Borough
Council, or its designee, the Code Enforcement Officer, repair, replacement
or reconstruction shall be made within such time as specified in the
written notice requiring the installation of sidewalks and/or curbs
and/or gutters issued by the Borough Council, its designee, the Code
Enforcement Officer.
[Ord. 606, 5/5/1987, § 104]
Where sidewalks or curbs are to be constructed, paved, repaved
or repaired over coal cellars or other excavations, such sidewalks
shall be supported by iron or steel beams, girders, stone or concrete
arches. Any support of wood or perishable material shall be prohibited.
[Ord. 606, 5/5/1987, § 105; as amended by Ord.
810, 12/17/2007; and by Ord. 893, 3/21/2016]
All sidewalks, curbs and gutters shall be constructed, reconstructed
and repaired of concrete only, according to specifications determined
from time to time by the Borough Council, provided that brick may
be used for accent in an otherwise all-concrete sidewalk, curb and
gutter, according to specifications determined from time to time by
the Borough Council and as specifically set forth in SSM Group, Inc.,
Drawing No. 100659.2015, dated 8/4/2015, Sheets 1 through 9,[1] and that, where existing sidewalk was lawfully constructed
of brick and at least 2/3 of such sidewalk is or shall be in good
repair, such sidewalk may be repaired with brick, and provided further
that under no circumstances may any bituminous material be used for
construction, reconstruction, repair or surfacing of any sidewalk
or curb in the Borough.
[1]
Editor’s Note: SSM Group, Inc., Drawing No. 100659.2015 is included as an attachment to this chapter.
[Ord. 606, 5/5/1987, § 106; as amended by Ord.
810, 12/17/2007; and by Ord. 893, 3/21/2016]
New sidewalks, curbs and gutters shall be constructed in conformity
with the lines, grades and widths specifically established therefor
by ordinance or by other action of Council heretofore or hereafter
enacted or taken and applicable specifically to the portion of the
street where such sidewalk, curb and gutter shall be located. Sidewalks
hereafter reconstructed or repaired shall conform to the lines, widths
and grades to which such sidewalk was previously and most recently
constructed, unless specifically set forth in SSM Group, Inc., Drawing
No. 100659.2015, dated 8/4/2015, Sheets 1 through 9, in which case
the specification in SSM Group, Inc., Drawing No. 100659.2015, dated
8/4/2015, Sheets 1 through 9, shall be controlling.
[Ord. 606, 5/5/1987, § 107; as amended by Ord.
860, 11/12/2012, § 4; and by Ord. No. 936-2020, 1/13/2020]
1.
Determination.
It shall be the duty of the Code Enforcement Officer to determine,
in the case of any individual property, whether or not the sidewalk,
curb, or gutter shall be reconstructed or repaired and, if so, the
specific part or parts of such sidewalk, curb, or gutter to be reconstructed
or repaired.
[Amended by Ord. No. 940-2021, 1/11/2021]
2.
Inspections.
The Code Enforcement Officer may, at any time during the course of
the work of constructing, reconstructing or repairing any sidewalk
curb or gutter, visit the site of such work to ascertain whether such
work is being done according to the provisions of this chapter; and
he shall visit any such site for such purpose whenever requested by
the property owner. Within 48 hours after the completion of the work
of construction, reconstruction or repair of any sidewalk, curb or
gutter, it shall be the duty of the owner of the property where such
work was done to notify the Code Enforcement Officer so that he may
inspect such work and determine whether the specifications, or any
deviations granted therefrom, have been met.
3.
Review.
If a property owner disagrees with the Code Enforcement Officer's
determination of whether or not the sidewalk, curb, or gutter shall
be reconstructed or repaired or the determination of the specific
part or parts of such sidewalk, curb, or gutter to be reconstructed
or repaired, the property owner may request that Borough Council review
such determination and decide whether to support or overturn the Code
Enforcement Officer's determination. The decision of Borough Council,
in this regard, shall be the final determination of the matter.
[Amended by Ord. No. 940-2021, 1/11/2021]
[Ord. 606, 5/5/1987, § 108; as amended by Ord.
810, 12/17/2007; and by Ord. 860, 11/12/2012, § 5]
Any property owner, upon his own initiative and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk, curb and gutter in front of or alongside of his property, provided that such owner shall first apply to the Code Enforcement Officer and shall conform to the requirements of this Part as to line, grade and width and as to material used, and that he shall notify the Code Enforcement Officer as required by § 21-707 within 48 hours after the completion of the work, and provided that all sidewalks, curbs and gutters to be reconstructed in accordance with the standards for sidewalk repair contained in this Part.
[Ord. 606, 5/5/1987, § 109; as amended by Ord.
860, 11/12/2012, § 6]
In any case where the property owner shall fail, neglect or
refuse to comply with any of the foregoing provisions of this Part,
the Borough Council may cause its employees or others, at its discretion,
to enter upon the premises of such defaulting property not constructed,
reconstructed or repaired in accordance with the provisions of this
Part and to construct, reconstruct or repair such sidewalk, curb and
gutter in conformity therewith at the expense of the property owner;
and the cost of such work, plus 10%, with interest from the time of
completion, shall constitute a lien against the property abutting
such sidewalk, curb and gutter; and the Borough shall have full authority
to collect such costs, expenses, charges, penalties and interest in
like manner as other municipal claims are collected or by action in
assumpsit, which procedure may be in addition to any fine or penalty
imposed under the following section.
[Ord. 606, 5/5/1987, § 110; as amended by Ord.
636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 606, 5/5/1987, § 111]
The provisions of this Part, so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this Part, are intended as a continuation of such ordinances
and codes and not as new enactments. The provisions of this Part shall
not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any
right or penalty or to punish any offense, under the authority of
any of the repealed ordinances.
[1]
Editor's Note: Former § 21-712, Incorporation of
Plan, as amended, was repealed 3/21/2016 by Ord. 893.
[Ord. 606, 5/5/1987; as added by Ord. 739, 6/2/1999, § 148-40.1;
and as amended by Ord. 810, 12/17/2007; Ord. 893, 3/21/2016; and by Ord. No. 940-2021, 1/11/2021]
Because unique topographical, tree, landscape, and land use
conditions may require some deviation from the aforesaid plans, as
set forth in SSM Group, Inc., Drawing No. 100659.2015, dated August
4, 2015, Sheets 1 through 9, Borough Council may adopt by resolution
regulations providing for the granting of such deviations. Such regulations
shall be developed in consultation with the Borough Engineer and other
consultants as may be appropriate.
