A. 
The owner or owners of any lot or lots in the Borough of Newtown upon which a public sidewalk, curb, or driveway apron has been laid out or which abut upon a public sidewalk shall maintain such in a safe and passable condition and shall immediately repair any defects in such which make them unsafe or impassable to pedestrians, including but not limited to the obligation to repair holes or cracks in such sidewalks, curbs, or driveway aprons, the obligation to keep such sidewalks, curbs, or driveway aprons at a constant grade and to relay or otherwise repair same if one or more sections of such sidewalk rise above or drop below the grade of immediately adjacent sections and to otherwise keep such sidewalks, curbs, and driveways in safe and passable condition.
(1) 
All installation, construction and/or repair shall be performed in strict accordance with all applicable local, state, and federal statutes, ordinances and regulations, including, without limitation, the Americans with Disabilities Act, as amended and PennDOT design standards and specifications, as amended.
(2) 
For the purpose of § 480-40 and its subsections, all references to public sidewalk(s) or curb(s) shall include sidewalks, curbs, and driveway aprons.
B. 
Where, in the opinion of the Borough, a dangerous condition exists, the Borough Code Enforcement Officer shall send such property owner notice by registered or certified mail stating emergency repairs are required. Upon failure of such owner to comply with the notice within 48 hours after receiving it, the Borough may make emergency repairs and levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
C. 
Any property owner, upon his own initiative and without notice from any Borough authority, may construct, reconstruct, or repair a sidewalk, curb or driveway apron in front of or along his property, provided that such owner shall first make application to the Borough and shall conform to the requirements of this article as to line and grade and shall conform to any specifications for sidewalk, curb, driveway apron repair and construction adopted by the Borough Council. Said property owner shall, within two days after completion of the work, notify the Borough.
D. 
Further, the said owner or owners of any lot or lots in the Borough of Newtown who receive notice from the Borough to effect the repairs set forth in the immediately preceding subsection shall do so within 60 days of receipt of such notice, and upon failure of any owner or owners to comply with the repairs ordered in such notice, the Borough may enter upon the property and effect such repairs and the owner or owners shall be responsible for payment to the Borough of the cost of such repairs, including cost of materials, labor and other costs directly related to such project plus an additional fee of 10% as an administrative fee, and such charges which remain unpaid for a period of 30 days after billing shall subject the property of such owner or owners to a municipal lien.
E. 
Such notice shall be given by a certified or registered letter addressed to the last-known address of the person in whose name the title to the lot or ground appears on the public records, and if such registered or certified letter shall return unclaimed, then such notice shall be given by posting one copy of the same on the property involved.
F. 
The owner or owners of any lot or lots in the Borough upon which posts or bollards have been installed or placed shall maintain such posts or bollards in a safe and functional condition and shall immediately repair any defects in and around such posts or bollards, including but not limited to the obligation to repair holes, chips, cracks and dents and the obligation to paint or resurface a post or bollard that is worn, rusted or otherwise damaged. An existing post or bollard may not be removed without the approval of Borough Council.
A. 
Any and all repairs or other maintenance performed on sidewalks and curbs as required by this article shall be in accordance with the specifications for the same set forth in the Borough's Code. All repairs to the sidewalks shall be made with the same type of materials as existing sidewalks at that location, except that, when replaced or in need of repair, asphalt sidewalks shall be replaced with concrete, brick or pavers that look like brick unless Council permits another material if more suitable for the immediate neighborhood.
B. 
For the purposes of this section, a sidewalk and/or driveway apron shall be replaced when the following conditions exist:
(1) 
Greater than 25% of a section shows surface deterioration which shall consist of an irregular surface with a depression of greater than 1/4 inch in depth or sections or portions of any section showing signs of active spalling and/or flaking.
(2) 
The section is out of vertical alignment by greater than one inch; however, a jacking and/or pressure grouting repair is an acceptable option for sections of sidewalk out of vertical alignment due to settlement.
(3) 
Cracks longer than 12 inches and wider than 1/2 inch at any point exist in any section.
(4) 
Any other condition exists which creates a safety hazard in the opinion of the Borough.
C. 
For the purposes of this section, a curb shall be replaced when the following conditions exist:
(1) 
Greater than 25% of a section shows surface deterioration which shall consist of an irregular surface with a depression of greater than 1/4 inch in depth or sections or portions of any section showing signs of active spalling and/or flaking.
(2) 
The section is out of vertical alignment by greater than one inch; however, a jacking and/or pressure grouting and/or excavation repair is an acceptable option for sections of curb out of vertical alignment due to settlement.
(3) 
The section is out of horizontal alignment by greater than one inch; however, a jacking and/or pressure grouting and/or excavation repair is an acceptable option for sections of curb out of horizontal alignment due to settlement.
(4) 
Cracks of any size exist in any section that after being sawcut does not provide the PennDOT minimum four-foot length.
(5) 
Any other condition exists which creates a safety hazard in the opinion of the Borough.
D. 
Any and all repairs or other maintenance performed on posts and bollards as required by this article shall be in accordance with the original design and plan for the posts and bollards being repaired or maintained.
The owner or owners of any lot or lots in the Borough upon which a public sidewalk has been laid out or which abut a public sidewalk shall not allow the accumulation of leaves, tree limbs, grass clippings, debris or any other refuse on such public sidewalk and shall be responsible for promptly removing any such items from the public sidewalk which is laid out upon their property or which immediately abuts their property, whether or not such items are deposited by said owner or owners, their tenants, anyone acting under their direction, control or license or any third person. Such leaves, tree limbs, debris and other refuse shall be properly bagged and disposed of upon being removed from such sidewalk. The sweeping or other removal of such items onto Borough streets or state highways is expressly prohibited.
No person shall obstruct pedestrian traffic on the sidewalks of the Borough by the placing of any obstruction which does not allow a minimum width of 48 inches of unobstructed sidewalk clearance between the obstruction and any fixed structure, obstruction, or the juncture of the sidewalk and curb. The term "obstruction" shall include, but not be limited to, merchandise display stands, signs, samples of merchandise, tables, street vendor stands, boards, cinder or concrete blocks, wooden horses, parked motor vehicles, planters or other devices for display of vegetation or other blockage or hindrance to pedestrian traffic. Obstructions shall not impede the use of accessible ramps or block building entrances, exits, or fire egress routes. All such permitted obstructions shall be immediately adjacent to the building or building's edge of the sidewalk. Notwithstanding anything to the contrary herein, all sidewalk obstructions shall be removed at the close of normal business hours.
Posts or bollards may be placed adjacent to a sidewalk if approved by Borough Council upon the satisfaction of the following conditions prior to construction and installation:
A. 
A plan, drawn to scale, showing the proposed location and construction techniques shall be prepared and submitted to the Borough along with a narrative detailing the need for the posts or bollards.
B. 
The proposed location and construction technique must be reviewed by and receive the approval of the Borough Engineer.
C. 
The location of posts and bollards shall not block or impede pedestrian or wheeled traffic on the sidewalk.
D. 
The location of posts and bollards shall not be within the public road clear zone in accordance with PennDOT Design Manual 2 (Pub. 13M), AASHTO Green Book (A Policy on Geometric Design of Highway Standards) and AASHTO Roadside Design Guide, as amended.
E. 
The property owner shall enter into an agreement with the Borough, in a form satisfactory to the Borough Solicitor, that provides that a) the post(s) or bollard(s) are owned by the property owner; b) all maintenance responsibilities are those of the property owner; and c) the property owner will indemnify and hold harmless the Borough from all claims, losses and liability in any way associated with the posts or bollards. The agreement shall be in recordable form and shall be recorded, at the expense of the property owner, in the office of the Recorder of Deeds of Bucks County, Pennsylvania.
F. 
The property owner shall reimburse the Borough for the fees of the Borough Engineer and Borough Solicitor and shall post an escrow in an amount as determined by Borough Council by resolution.
G. 
Physical features of posts and bollards:
(1) 
Minimum side dimension or diameter: four inches; maximum side dimension or diameter: eight inches.
(2) 
Height above grade: 36 inches to 42 inches.
(3) 
Externally supplied electrical power for self-illumination shall not be permitted.
(4) 
Spacing between multiple posts and bollards shall be a minimum of 48 inches.
(5) 
Chains connecting multiple posts and bollards and surface protrusions one inch or greater shall not be permitted.
(6) 
Concrete-capped and filled galvanized steel pipe shall not be used for posts and bollards.
(7) 
All installation, construction and/or repair shall be performed in strict accordance with all applicable local, state and federal ordinances, statutes, and regulations, including without limitation the Americans with Disabilities Act, as amended, and PennDOT design standards and specifications, as amended.
A. 
The owner of any property abutting any public street, alley or right-of-way in Newtown Borough shall, whenever directed by Council, install a sidewalk and/or curb along such property, at such grades and under such specifications and regulations as set forth in Chapter 486, Subdivision and Land Development, as amended. Such installation shall be at the expense of the owner(s), unless otherwise directed by Council.
(1) 
All installation shall be performed in strict accordance with all applicable local, state, and federal statutes, ordinances, and regulations, including without limitation the Americans with Disabilities Act, as amended, and PennDOT design standards and specifications, as amended.
(2) 
For the purpose of Article III of this chapter, all references to public sidewalk(s) or curb(s) shall include sidewalks, curbs, and driveway aprons.
B. 
The directive of Council pursuant to Subsection A of this section shall be by written notice to the owner(s) of the property upon which such work is to be done. All such notices shall be served upon the owner(s) of the property to which the notice refers if such owner(s) is a resident of Newtown Borough. If the owner is not a resident of Newtown Borough, then the notice may be served upon the agent or tenant of the owner or upon the occupant of the subject property. If Newtown Borough is unable to serve such notice, the notice shall be posted upon a conspicuous part of the subject property.
C. 
All such work directed by Council under this section shall be done at the owner's expense within the time frame specified in the notice measured from the date of service of such notice.
D. 
Upon the failure or neglect of any owner to comply with such notice within the time specified therein, the Borough may cause the installation, construction and/or replacement to be done at the cost of such owner and may thereafter collect the cost thereof and an additional 10%, together with all charges and expenses, from such owner. The Borough may collect these costs either by filing a municipal claim therefor or collect same by a civil action.
Any person or persons who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding 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 court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Bucks County.