[Ord. No. 1-2023, 1/16/2023[1]]
1.
Title. This Part shall be known as the "North Lebanon Township Curb
and Sidewalk Ordinance."
2.
Purpose.
A.
The general purposes of this Part are to:
(1)
Further the general intention of the Township that pedestrian
circulation be directed off from streets and highways, to encourage
passive recreation, and to serve the public health and safety.
(2)
Establish and reference regulations requiring the construction,
maintenance, and repair of sidewalks to provide a clear statement
of applicable regulations.
(3)
Ensure that property owners construct and maintain sidewalks
when they are required to do so.
(4)
Establish a process for implementation and administration of
applicable regulations.
B.
This Part is enacted for safety purposes to protect the public which
use such sidewalks, and to prevent dangerous conditions on sidewalks
intended for public use, whether on public rights-of-way, on easements
for the use of the public, or on sidewalks located on private property.
Such dangerous conditions, in the form of improperly maintained or
deteriorated sidewalks, or in the form of obstructions, are declared
to be nuisances constituting a danger to the public.
3.
Application. This Part is not intended to amend, modify, or supersede the provisions of the Township's Subdivision and Land Development Ordinance, the Township's Zoning Ordinance, or Chapter 21 of the Code of Ordinances of North Lebanon Township, except as specified herein, insofar as said ordinances require or pertain to sidewalks, including any standards governing design, construction, and inspection of sidewalks.
[1]
Editor's Note: This Part also repealed former Part 2,
Curb and Sidewalk Construction, adopted by Ord. No. 1973-16, 5/28/1973,
as amended.
[Ord. No. 1-2023, 1/16/2023]
1.
CURB
ENGINEER
PERMIT
PERSON
SIDEWALK
STREET
TOWNSHIP
General words and phrases used in this Part shall be given their
common and ordinary meaning. Where a word or term is not defined in
this Part, it shall be defined in accordance with definitions established
in the Second Class Township Code,[1] the Municipalities Planning Code,[2] the Township's Subdivision and Land Development Ordinance,
and the Township's Zoning Ordinance, as now existing or as may
be amended in the future.
The raised edge of street to confine surface water to the
pavement and to protect the abutting land from vehicle traffic.
The duly appointed Township Engineer or his or her authorized
representative.
A permit issued by the Township or the Township Engineer
to signify approval of the work to be done or improvement to be constructed
under the specific regulations of all applicable Township ordinances.
Any natural person, partnership, firm, association, or corporation.
A pedestrian walkway for public use located along a street
in the Township. This term shall include any sidewalk within the public
right-of-way and/or adjoining any public street. The term shall not
include any portion of any driveway between the street and the proposed
or existing walk, or any crosswalk.
Any public street, avenue, road, square, alley, highway,
or other public place located in the Township and established for
the use of vehicles.
North Lebanon Township, Lebanon County, Pennsylvania.
[Ord. No. 1-2023, 1/16/2023]
All new construction, reconstruction, maintenance, repairing,
and re-laying of sidewalks and curbs shall be in strict conformity
with these regulations; provided, however, that the governing body
may, at its sole discretion, make adjustments to these regulations
where special or unusual topographic and/or physical conditions exist.
[Ord. No. 1-2023, 1/16/2023]
The Board of Supervisors of North Lebanon Township, Lebanon
County, Pennsylvania, 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 Part. The Board of Supervisors may give notice to any owner of
property abutting on any street, highway, or public right-of-way within
the Township to construct, install, pave, curb, repave, and recurb
the sidewalks along their said property. The Township Engineer shall
establish the line, grade, slope, and design standards for all sidewalk
and curb construction, repair, or reconstruction. Said notice to the
property owners shall be given in writing, and may be served on the
property owner by certified mail, return receipt requested, and by
first-class mail directed to the property owner's last known
address. If the notice cannot be delivered by mail as set forth herein,
then notice shall be given by posting the same on the premises. If
the said owner shall fail to perform the duty required of him or her
in said notice within the designated time period for completion as
indicated therein, the Board of Supervisors may, in their sole discretion,
construct, install, pave, curb, repave, or recurb, and shall collect
the cost of such construction, paving, curbing, repaving, or curbing
from such owners of property abutting such sidewalk by the filing
of a lien in the manner provided by law for the filing and collection
of municipal claims, or by filing an action in assumpsit.
[Ord. No. 1-2023, 1/16/2023]
1.
Wherever sidewalks and curbs exist, regardless of when they were constructed, every owner of land abutting any public street or public alley in the Township shall maintain the sidewalks and curbs abutting such land in a good and safe condition and at all times free and clear of all obstructions to safe and convenient passage and hazardous conditions, including but not limited to snow, ice, mud, and debris. It shall be the responsibility of the owner and/or legal resident of the property to remove from the sidewalk any object or other materials which might endanger a pedestrian. Failure to do so shall cause the property owner to be subject to the same penalties as set forth in § 21-204.
2.
All sidewalks shall be kept free from ice or snow by the owner of
the abutting property. Ice or snow must be removed within 24 hours
of the end of a weather event; provided, however, that ice may be
treated with a de-icing agent so as to make the use of sidewalks by
pedestrians safe. The Township Supervisors may, in their sole discretion,
remove snow or ice from the sidewalk if the abutting property owner
fails to do so in accordance with this section, and may collect the
cost of such removal plus a penalty of 10% from such property owners
by filing a lien or action in assumpsit, as described in this Part.
[Ord. No. 1-2023, 1/16/2023]
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, or higher
if deemed necessary to provide a clear view of intersections and traffic
signs. 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. The owner of an abutting 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. No. 1-2023, 1/16/2023]
The Township may, at its discretion, establish a program of
inspecting sidewalks and curbs within the Township to ensure that
existing sidewalks and curbs are maintained in a safe and functional
manner in conformity with the Township's established grades,
lines and specifications.
[Ord. No. 1-2023, 1/16/2023]
1.
No curb or sidewalk construction or reconstruction or repairs shall
be performed by or for any property owner unless the property owner
or person doing the work shall first have obtained from the Township
a permit for such work, which permit shall be valid for a period of
60 days unless an extension of time is granted by the Board of Supervisors.
The permit fee is to be established from time to time by resolution
of the Board of Supervisors. It shall be a violation to do any work
without having first secured this permit. In securing a permit, the
applicant shall state the following:
2.
The applicant shall provide any other required information as set
forth in the permit application of the Township.
[Ord. No. 1-2023, 1/16/2023]
At locations where the Township determines that sidewalks and curbs do not meet Township specifications, owners of property abutting said locations shall repair or replace the sidewalk and/or curb upon service of a written notice to do so by the Township. The property owner shall have a period of 30 days to enter into a contract for the repair or replacement of such sidewalk and/or curb, with said contract specifying a date certain by which the repair and/or replacement shall be completed. If any owner of property fails to act as directed within 30 days or any other time period as specified by the Township, the governing body may take action to complete the repair or replacement, plus 10% of the cost of repair or replacement, and the expense thereof shall be borne by the owner of property. The Township shall have all available remedies at law or in equity by filing of a lien or by filing an action in assumpsit as described above in § 21-204.
[Ord. No. 1-2023, 1/16/2023]
All curbs and sidewalks, when formed, shall be inspected by
the Township prior to the pouring of concrete. A minimum 24 hours'
notice shall be given prior to the start of concrete placement. Upon
completion of the construction, repair, or re-lay of the same, the
Township shall be contacted in order that a final inspection can be
made for approval.
[Ord. No. 1-2023, 1/16/2023]
All sidewalks and/or curbing hereafter constructed or reconstructed
shall be constructed or reconstructed in conformity with the official
specifications for curbing as adopted by the Board of Supervisors
of North Lebanon Township. All sidewalks and/or curbing hereafter
constructed or reconstructed shall be constructed or reconstructed
in conformity with the requirements of the Americans with Disabilities
Act (ADA).
[Ord. No. 1-2023, 1/16/2023]
During the excavation, construction, repair or re-lay, curing,
and backfilling of any curb and/or sidewalk, the owner shall, at his
or her expense, place and maintain adequate hazard warnings to vehicular
and pedestrian traffic by means of barricades, flares, lights, or
similar means.
[Ord. No. 1-2023, 1/16/2023]
1.
Any person who shall violate any provision of this Part may be brought
before a Magisterial District Judge in the manner provided for the
enforcement of summary offenses and, upon conviction, shall be sentenced
to pay a fine of not less than $100 nor more than $600 plus costs,
including reasonable attorney fees incurred by the Township, and/or
a term of imprisonment of up to 30 days. 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 file a civil complaint in
the Court of Common Pleas requesting compliance with the provisions
of this Part and any other equitable relief as may be deemed appropriate
by the Court. The Township may avail itself of any additional remedies,
in law or in equity, for noncompliance with this Part. The Township
may recover from the property owner its attorney's fees incurred
as a result of a civil enforcement proceeding or other action initiated
by the Township, said attorney's fees to be at the current Solicitor's
rate as approved by the Board of Supervisors.
2.
Whenever a property owner fails to act in accordance with the provisions
of this Part, the Township may cause such construction, repairing,
or re-laying to be completed either by letting the work to contractors
after advertisements for bids or by employees of the Township. The
cost thereof and an additional 10%, together with all the charges
and expenses, shall be collected from such owner by filing a municipal
claim therefor or by action of assumpsit. In no event shall the amount
charged to the property owner exceed the maximum expense permitted
by Article XXIV of the Second Class Township Code.[1]
[1]
Editor's Note: See 53 P.S. § 67401.
