The construction of any new sidewalks or curbs and the repairing of any existing sidewalks or curbs in the Township of Conestoga, Lancaster County, Pennsylvania, shall be done in conformance with the following specifications, regulations and/or provisions.
[Adopted 7-7-2009 by Ord. No. 2009-03]
The grade to which every curb or sidewalk shall be hereafter laid, constructed or repaired, other than that established in an approved subdivision plan, shall be that fixed and designated by the Township Engineer representing the Board of Supervisors, of the Township of Conestoga, Lancaster County, Pennsylvania.
All sidewalks hereafter constructed or reconstructed shall be of concrete on properly drained and compacted base. Concrete shall not be less than four inches thick. The paved sidewalk shall not be less than three feet in width; provided, however, that where a private driveway crosses a sidewalk, the concrete sidewalk construction may be omitted if the driveway is paved with concrete or a bituminous surface.
All curbs shall be seven inches in width at the top, and nine inches at the bottom, and from 18 inches to 24 inches in depth, and shall be constructed in sections of not more than 10 feet in length.
All work done hereunder shall be inspected by an authorized representative of the Board of Supervisors of the Township of Conestoga, Lancaster County, Pennsylvania. The Board of Supervisors, or an authorized representative, may permit or direct variation of any of the dimensions herein prescribed for sidewalks and curbs, in particular cases where Board of Supervisors or an authorized representative shall deem it desirable or justifiable to do so.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be the duty of the owners of the land abutting upon any curbs, and/or sidewalks to keep them in such repair and condition and to remove ice, snow, weeds, grass and other debris so that they may not be or become dangerous to the welfare and safety of the traveling public. The Board of Supervisors of the Township of Conestoga, Lancaster County, Pennsylvania, or an authorized representative of the Supervisors, is hereby empowered to notify property owners when sidewalks and curbs are in need of repair or renewal and the repair or renewal thereof shall be made by the property owners within 30 days after said written notice is given to the said property owners. In case any owner or occupant shall neglect, fail, or refuse to comply with such notice within the period of time stated therein, the Township may cause such sidewalks to be maintained or repaired, and the expenses thereof, together with any penalty authorized by law, may be collected from such person in the manner provided by law. Nothing herein contained shall be construed to place the responsibility of determining when sidewalks may become dangerous to the welfare and safety of the traveling public upon the Township. At all times such responsibility shall be solely upon the property owner whose land abuts the curb or sidewalk.
No persons or person, firm or corporation shall construct or repair any sidewalk or curb without first applying for and obtaining the required permits under Pennsylvania law from the Township of Conestoga, Lancaster County, Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
Any and all terms, conditions, specifications, or requirements of this article shall be consistent with the terms, conditions, standards, and specifications as may be established by or in accordance with the Americans with Disabilities Act[1] or any codes, regulations, standards, specifications, administrative requirements, etc., as may be adopted by the appropriate and authorized agencies to implement the terms and conditions of said Act or any amendments thereto as may be hereinafter adopted or implemented by any federal, state, or county regulatory agency as if said standards, conditions, regulations, codes or requirements were incorporated herein at length.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
Any ordinance or part of ordinance conflicting with this article is hereby repealed.
If any sentence, clause, section or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this article. It is hereby declared as the intent of the Board of Supervisors of Conestoga Township, Lancaster County, Pennsylvania, that this article would have been adopted and such unconstitutional, illegal, or invalid sentence, clause, section or part thereof should not be included herein.
This article shall become effective five days after its enactment.