The grading, paving, construction and repairing of all sidewalks and the construction and repairing of all curbs of the Township shall be done by the owners of the lots fronting on or abutting any street of the Township whenever required by the Township Commissioners as hereinafter provided.
[Adopted 11-7-1966 by Ord. No. 10-66]
Whenever the Township Commissioners deem it necessary to grade, pave or repair any sidewalks and construct and repair curbs, they shall give written notice to the owner or owners of the lot or lots fronting on or abutting thereon to do and complete such work within such period of time as the Township Commissioners may deem necessary, which shall be in no case less than 30 days. All such notices shall be served upon the owner of the premises to which the notice refers if such owner be a resident of the Township; if the owner be not a resident, then the notice may be served upon the agent or tenant of the owner, or upon the occupant of such premises. If the owner has no agent or tenant and there be no occupier of such premises, then service shall be by posting a printed or written notice upon the premises and mailing a copy thereof to the owner at his last-known address.
No new pavement or curb shall be laid until the line and grade shall be given by or checked by the Township Engineer.
Curbs shall be made of concrete. The depth shall be not less than 24 inches and the width, at the top, eight inches, and at the bottom, no less than 10 inches. Curbs shall rest upon a compacted bed of broken stones of a depth of not less than four inches.
Sidewalks shall be made of concrete. The depth shall be not less than five inches. Sidewalks shall rest upon a compacted bed of broken stone of a depth of not less than four inches.
The concrete materials shall be such as are approved from time to time by the street committee of the Township Commissioners or the Township Engineer.
The proportion shall be one of portland cement, two of sand and four of crushed stone for concrete; and one of portland cement and two of sand for mortar.
Sidewalks and curbs shall have clean cut joints every five linear feet of work. Approved expansion joints shall be placed every 30 linear feet or less of work.
Radius corners at all intersecting sidewalks shall be in accordance with the rules and regulations as adopted by the planning committee of the Township Commissioners.
The finished sidewalks shall have a grade from the inner edge of sidewalk to the outer edge of curb of 3/8 inch to the foot.
The widths of the permanent sidewalks shall be determined by the Township Engineers, depending on the street widths, in existing sections of the Township where existing conditions have to be taken into account; however, in no event shall the width of a permanent sidewalk be less than 40 inches.
There shall be no unpaved surface between the sidewalk and the curb unless prior permission is granted by the Township Commissioners.
No open gutters for conducting rainwater or drainage of any kind will be permitted in the sidewalks or curbs and cast-iron pipes for drainage purposes shall be laid within or beneath the sidewalks and within the curbs.
No person or persons, firm or corporation shall do any constructing or repairing of sidewalks or curbs without first obtaining from the Township Building Inspector a permit for the same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The cost of obtaining a survey permit to repair curbs or sidewalks shall be in an amount as set from time to time by resolution of the Township Board of Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The cost of obtaining a survey permit to construct curbs or sidewalks shall be in an amount as set from time to time by resolution of the Township Board of Commissioners.
All work shall be inspected by such person as will be designated from time to time by the Township Commissioners.
In the event that any property owner shall fail to comply with any notice as hereinbefore provided, the Township shall have the power to cause the required work to be done by the Township, and to levy and collect the cost thereof from such owners of property abutting such sidewalk.
The cost of any such grading, paving, curbing, repaving and recurbing shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineers and shall be filed with the Township Secretary. Any such lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
The owner of the abutting property shall keep the sidewalk, together with any portion of his property paved and used as a sidewalk or public walk, immediately in front of his property, in good order and repair and, at all times, free and clear of all obstructions to safe and convenient passage, and free of any merchandise placed there for display if the removal thereof be ordered by the Township Commissioners. If the owner of any property neglects to perform the duties so required of him, the Township Commissioners may serve written notice upon him requiring him to do what is necessary. If such property owner fails to comply with the requirements of such notice within 30 days of the date of its service, the Township Commissioners may make the necessary repairs or remove any obstruction. The cost of the same, together with a penalty of 10%, shall be paid by the delinquent property owner, and may be collected by action in assumpsit or the Township Commissioners may file a municipal lien against the property. The notice provided for in this section may be served on the property owner by leaving the same at his place of residence or, if he has no residence in the Township, then by posting the same on the premises and mailing a copy thereof to the owner at his last-known address.
[Amended 4-2-1990 by Ord. No. 5-90; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person or persons, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. If any person or persons, firm or corporation shall construct or repair sidewalks and curbs contrary to the provisions of this article or the grade and specifications on file with the Township Secretary or the Township Engineer, the Township, after 10 days' notice, may cause the sidewalk or curb to be torn up and constructed or repaired in accordance with the proper grade and specifications, and assess the cost thereof to the owner or owners of the abutting property, and may file a municipal lien against said property as provided by law.
Any ordinance or part of ordinance conflicting with the provisions of this article is hereby repealed insofar as the same is inconsistent with this article.