[Ord. No. 509, 6/13/2023[1]]
1. 
This Part shall be known and may be cited as the "Sidewalk Ordinance."
[1]
Editor's Note: This ordinance also repealed former Pt. 3, Sidewalks, adopted by Ord. No. 193, 8/11/1987, § I.
[Ord. No. 509, 6/13/2023]
1. 
The following words and phrases as used in this Part shall have the following meanings, unless the context clearly indicates a different meaning:
SIDEWALK
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. No. 509, 6/13/2023]
1. 
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. No. 509, 6/13/2023]
1. 
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. No. 509, 6/13/2023]
1. 
Sidewalks shall be installed, replaced and/or repaired in accordance with the Township of North Fayette Public and Private Improvements Code (PPIC).36 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 PPIC.
[Ord. No. 509, 6/13/2023]
1. 
After the initial installation of any sidewalk, all repairs and replacement are the responsibility of the abutting property owner. Responsibility for sidewalk repairs and responsibility can be assigned to an association set up for maintenance of common elements in a plan (i.e., homeowners' or property owners' association) if approved by the Township at the time of plan approval and included in the restrictive covenants.
2. 
The Code Administrator may issue a notice to the responsible party (property owner or association) to replace and/or repair a sidewalk within a reasonable time period after the receipt of the notice. If the responsible party 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. No. 509, 6/13/2023]
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.
A. 
Snow and/or ice shall be removed from sidewalks within 24 hours of the end of snowfall and/or an ice event. Snow and/or ice removed from sidewalks shall not be placed within roads, streets, or alleys.
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. No. 509, 6/13/2023]
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. No. 509, 6/13/2023]
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 Administration 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. No. 509, 6/13/2023]
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 nine 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. No. 509, 6/13/2023]
1. 
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 Code Administrator, 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.