[Ord. 656, 4/9/2015]
This Part shall be known and may be cited as the "Sidewalk Ordinance."
[Ord. 656, 4/9/2015]
The following words and phrases as used in this Part shall have
the following meanings, unless the context clearly indicates a different
meaning:
A pedestrian walkway for public use located along a street
in the Township, 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. 656, 4/9/2015]
The Board of Supervisors may require the installation of sidewalks
along any street 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, subject to the requirements
of the Second Class Township Code, 53 P.S. § 65101 et seq.,
and this Code.
[Ord. 656, 4/9/2015]
The cost of the initial installation of sidewalks shall be allocated
as follows:
A.
When required as part of a subdivision, land development, planned
residential development or other land use approval, the cost of installation
shall be the responsibility of the developer; and,
B.
In all other circumstances the cost of installation shall be allocated
in accordance with § 2401(c) of the Second Class Township
Code, 53 P.S. § 67401(c), as amended.
[Ord. 656, 4/9/2015]
Sidewalks shall be installed, replaced and/or repaired in accordance
with the Township Standard Details. The location, size of sidewalks,
as well as the material utilized for construction, shall be subject
to the approval of the Township Engineer. Americans with Disabilities
Act (ADA) ramps and other accommodations shall be included with sidewalks
consistent with the Township Standard Details.
[Ord. 656, 4/9/2015]
After the initial installation of any sidewalk, all repairs
and replacement are the responsibility of the abutting property owner.
The Code Official 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. 656, 4/9/2015]
1.
It shall be the responsibility of the owner and/or legal resident
of the property abutting the sidewalk to keep the sidewalk in a proper
state of repair, and maintained free from hazardous conditions and
obstructions including, but not limited to, snow, ice, mud and debris.
2.
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.
3.
It shall be the responsibility of the owner and/or legal resident
of the property to remove from the sidewalk, prior to darkness, any
object or other materials which might endanger a pedestrian.
4.
The owners and/or occupants of buildings adjacent to sidewalks shall
prevent the falling of snow, ice and/or water from such buildings
upon said sidewalks.
[Ord. 656, 4/9/2015]
1.
In the event that the owner and/or legal resident of any property
abutting a sidewalk fails or refuses to clear away or treat with abrasives
and subsequently clear away any snow and ice from any sidewalk, as
required by this Part, the Township may at its sole discretion, because
of the exceptional safety situations, as soon as practicable after
such failure, cause such work to be done.
2.
The Township shall ascertain and keep a record of the exact cost
of all work caused to be done in accordance with this section on account
of each act or omission of each owner and/or occupant, and shall identify
said persons with particularity.
3.
Each person whose act or omission makes it necessary that the Township
cause work to be done in accordance with this section shall be liable
to the Township for the cost of such work, plus any additional amount
or penalty imposed herein.
[Ord. 656, 4/9/2015]
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 Code Official 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. 656, 4/9/2015]
1.
No owner and/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. 656, 4/9/2015]
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 Procedure, 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 and 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 violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the Township Roadmaster, the authorized designee of the
Township Manager, and to any other officer or agent that the Township
Manager or the Board of Supervisors shall deem appropriate.
