[Adopted 10-28-1986 by Ord. No. 86:72 as Sec. 11-3 of the
1986 Code]
It shall be unlawful for any person to construct
or remove or cause to be constructed or removed any sidewalk, driveway
apron, curb or gutter or any part thereof within any public right-of-way
in the Township without first having obtained a permit to do so from
the Director of Public Works.
[Amended by Ord. No. 90:29]
Application for a permit under this article
shall be made to the Director of Public Works by the owner of the
premises or his agent upon forms provided by the Township and shall
contain the following information:
A.
The name and address of the applicant.
B.
The name and address of the person who is to perform
the proposed work, and the name and address of the owner of the property
on which the work is to be performed, if other than the applicant.
C.
The location, by street number or otherwise, of the
premises where the work is to be done.
D.
The estimated cost of the proposed work.
E.
A line and grade plan showing the proposed work, including
its exact location with respect to a street intersection or some other
fixed and prominent object, as well as its width and relationship
to the grade of the street and the adjacent property and, in the case
of a driveway apron, its slope or pitch.
F.
Any other information that the Director of Public
Works deems necessary in order to determine whether the work will
comply with this chapter.
[Amended by Ord. No. 90:29; 12-20-2005 by Ord.
No. 2005:31; 9-17-2019 by Ord. No. 2019:40]
A fee of $50 for up to 100 square feet of opening, plus $1 per
square foot in excess of 100 square feet of opening shall be charged
for each permit and, in addition thereto, the applicant shall pay
the cost of all tests which the Director of Public Works deems necessary.
The fee shall be paid at the time the application is filed, and the
cost of all proposed tests shall be paid prior to the issuance of
any permit. These fees may be further amended from time to time by
resolution of the Township Council.
A.
All materials and work shall be in accordance with
Township specifications on file in the office of the Department of
Public Works.
B.
Any sidewalk, driveway apron, curb or gutter which
is removed shall be promptly replaced in accordance with Township
specifications.
C.
No concrete sidewalk shall be replaced or covered
with blacktop.
D.
Whenever a curb cut or driveway depression is required,
the entire section or sections of curb or curb and gutter shall be
removed and replaced. The breaking and recapping of curbing is specifically
prohibited.
The applicant shall notify the Department of
Public Works at least 24 hours prior to the time of pouring or laying
any sidewalk, driveway apron, curb or gutter so that the Department
may arrange for adequate inspection and testing.
[Amended by Ord. No. 95:32]
A.
Duty abutting landowner. The construction, repair,
alteration, relaying and maintaining of sidewalks are hereby declared
to be the duty of the abutting landowner.
B.
Resolution, notice. Wherever it shall appear to the
Council on advice of the Director or on its own motion that it is
necessary or advisable in the public interest to construct, repair,
alter or relay a curb or sidewalk, Council shall adopt a resolution
directing that a notice be served upon the owner or occupant of abutting
lands specifying the work required to be done and requiring the abutting
owner or occupant to accomplish same within a period not less than
30 days from the date of service of the notice. In the event that
the abutting lands are unoccupied or the owner cannot be found within
the Township, the notice shall be mailed, postage prepaid, to the
owner's post office address if the same can be ascertained. In the
event that the abutting owner is a nonresident of the Township or
his post office address cannot be ascertained, then the notice may
be inserted for four weeks, once a week, in some newspaper of the
Township.
C.
Performance by Township. In the event that the owner
or occupant shall fail to comply with the requirements of the notice,
the Township, upon filing proof of the service or publication of the
aforesaid notice in the appropriate department of the Township, shall
cause the required work to be done at its expense.
D.
Certification of cost. Upon performance of the required work by the Township pursuant to Subsection C of this section, the cost of the work shall be certified to the Tax Assessor. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting lands to the same extent that assessments for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate.
E.
Payment on installments. The resolution adopted pursuant to Subsection B of this section or a subsequent resolution may provide for the payment of the cost assessed against the abutting owner or occupant in equal yearly installments not exceeding 10, with legal interest, and at such time annually as shall be fixed, but any person may pay the whole of any assessment or any balance with only accrued interest at one time. If any such installment shall remain unpaid for 30 days, the whole assessment shall become due immediately. Whenever any owner or occupant shall be given the privilege of paying any assessment in installments, such assessment shall remain a lien upon the land described therein until the same with all installments and accrued interest thereon shall be paid.
F.
Action at law. In the event that an owner shall default
in the payment of an assessment or the payment of an installment thereof,
the Township may proceed against him in an action at law.
G.
Director of Public Works. All work performed under
the terms of this section shall be under the supervision and direction
of the Director of Public Works and subject to his approval.
[Amended 12-20-2005 by Ord. No. 2005:31]
