[Amended 9-15-1987 by Ord. No. 1653; 10-21-1997 by Ord. No. 1896-97][1]
It shall be unlawful for any person or persons, corporations or associates to place or maintain any bench, other obstruction or leaves, grass, yard trimmings and tree branches of any kind whatsoever upon any part of the legal right-of-way of any of the public highways situate within the Township of Cheltenham, except that hereafter it shall be lawful for the property owner situate in Cheltenham Township abutting any public highway to place only leaves from said property in the gutter of said highway in a reasonably safe manner so as not to create a public safety hazard, in coordination with the annual published dates of the township leaf collection program each fall season. Said leaves shall not be placed in the gutter prior to 14 days before the scheduled collection date. In no case shall leaves be placed in the gutter after the last published collection date. Bus shelters, pursuant to agreement approved by Cheltenham Township, are exempt from the provisions of this chapter.
[1]
Editor's Note: Original Section 16-1, Disposal of house drainage, offal, garbage, etc., which immediately preceded this section, was deleted 11-21-1995 by Ord. No. 1846-95. See now Ch. 188, Nuisances.
[Amended 3-21-1989 by Ord. No. 1686]
On or after the passage of this chapter, it shall be unlawful for any person or persons to conduct a public eating or drinking place or stand upon any sidewalk, street or highway, situate in the Township of Cheltenham.[1]
[1]
Editor's Note: Original Section 16-3, Planting and maintaining trees prohibited, as amended, which immediately preceded this section, was repealed 11-21-1995 by Ord. No. 1846-95.
[Amended 1-20-1987 by Ord. No. 1644]
A. 
When any person or persons shall be about to erect or repair any house, building, wall or other structure within the Township of Cheltenham and shall be desirous to occupy a part of the public street or road for placing building material, mortar boxes or dumpster thereon, he or they shall make application to the Township Manager at the Township Building, stating the number and extent of such building, etc., for the accommodation of which he may desire to occupy said street or road, and thereupon, the Township Manager shall issue a printed permit to occupy said part of any public street or road in the neighborhood for the purpose aforesaid, not exceeding in extent the dimensions of the front of the premises about to be built upon or repaired and, further, not exceeding eight feet in width, 13 feet in height and one foot over curbstone, with a gutter left along the curb 15 inches in height, with cleanout holes, 12 by 18 every 25 feet in length. In case it is desired to mix mortar and place any mortar boxes upon any of the public streets or highways during the erection and repair of buildings, walls or other structures, it shall be required that a watertight box be used, provided that, in all cases, building materials shall be neatly maintained and reflectorized or lighted barricades used and cartway shall at all times be left unencumbered between said materials or mortar boxes and the opposite curbstone for the passage of vehicles; and, provided further, that no building materials or dumpster shall be placed within 15 feet of any fire hydrant or flagstone crossing or within 50 feet of a railroad track.
B. 
In the case of a dumpster, should the applicant not be able to place the same on his or their private property, a permit may be issued. The placement of said dumpster shall be in accordance with all requirements of the Commonwealth of Pennsylvania Motor Vehicle Code[1] and the Township Traffic Code.[2] The dimensions of the dumpster shall not exceed eight feet in width by 20 feet in length, shall be lighted or reflectorized or lighted barricades used and shall not inhibit vehicle sight distance visibility. The applicant shall provide the township with the name and telephone number of the company furnishing the dumpster. Should it be proven subsequent to the placement of a dumpster in the right-of-way that said dumpster creates a hazard, even though a permit has been issued, the Director of Public Works shall have the right to require the permittee to have the dumpster removed within 24 hours.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[2]
Editor's Note: See Ch. 285, Vehicles and Traffic.
C. 
If any damage or injury to the roadbed shall be caused or done by the use or occupancy of any street or road hereunder, the party to whom such permit shall have been issued shall be responsible and liable for the same and shall restore the roadbed to its original condition and proceed to collect the cost of the same from said party, according to law.
D. 
The cost of a permit to be granted hereunder shall be set forth from time to time by resolution of the Board of Commissioners, the same to be good for 15 days.[3]
[Amended 11-21-1995 by Ord. No. 1846-95]
[3]
Editor's Note: For current fee amounts, see Ch. A300, Fees.
It shall be unlawful for any person or persons to place any obstruction whatsoever upon any part of the sidewalks situate within the Township of Cheltenham or to use any part of said sidewalks for the purpose of storing, selling or displaying goods or merchandise of any kind or description.
[Amended 9-15-1987 by Ord. No. 1655; 3-21-1989 by Ord. No. 1686; 11-21-1995 by Ord. No. 1846-95; 4-16-2014 by Ord. No. 2280-14]
A. 
Definitions. As used in this Article, the following terms shall have the meanings indicated:
LAST KNOWN ADDRESS
The address for the owner or occupant as listed in the records of the Montgomery County Board of Assessment.
OCCUPANT
The tenant or tenants with respect to one- or two-family dwellings, or the manager or person having care, custody or control of the building or lot with respect to three-family or larger dwellings, commercial businesses, industrial premises, vacant lots or unoccupied buildings.
OWNER
The property owner as listed with the Montgomery County Board of Assessment.
B. 
It shall be the duty of the owner or occupant of any building or lot fronting or alongside a sidewalk ordinarily open to the public to remove all accumulations of snow and ice from the sidewalk no later than 24 hours after snow and/or ice (as applicable) has ceased to fall. Failure to comply will result, upon summary conviction before a Magisterial District Judge, to be sentenced to pay a fine in accordance with § 255-22.
(1) 
The cleared pathway shall not be less than 24 inches wide and shall be thoroughly cleared to that extent of snow and ice or other obstructions. A minimum of passage of not less than 24 inches shall also be cleared to the street. Handicapped access ramps shall be cleared to a minimum of passage of 24 inches.
(2) 
Should the snow and/or ice on the sidewalk be frozen so hard that it cannot be removed without injury to the pavement, the person charged with the responsibility for the snow and ice removal shall cause the sidewalk fronting or alongside building or lot to be strewn and to be kept strewn with sand, salt or any suitable abrasive material and shall, as soon thereafter as the weather shall permit (but no later than 48 hours thereafter), remove all such abrasive material as well as all ice and snow from such sidewalks.
(3) 
Service of Notice. Service of notice may be completed by personal service, service by mail, or by posting.
(a) 
Personal service. Service of notice may be completed by handing a copy to the defendant, or by handing a copy, at the residence of the defendant, to an adult member of the family with whom the defendant resides, but if no adult member of the family is found, then to an adult person in charge of such residence where the nuisance exists.
(b) 
Service by mail. Service of the notice may also be accomplished by mailing the notice to the last known address of the owner or occupant. Service by mail is complete upon mailing.
(c) 
Service by posting. Service of the notice may also be completed by posting a copy thereof in a conspicuous place upon the building or lot where the nuisance exists.
[Amended 3-21-1989 by Ord. No. 1686]
A. 
Every person of corporation who or which shall excavate any street, road or highway of the township under permit duly issued by the township or who shall deposit building materials on such street, road or highway shall place or cause to be placed and kept burning during the night sufficient danger signals of red color so as to properly warn travelers and vehicles upon said streets, roads or highways, but in no event shall there be at any time fewer than three such warning signals.
B. 
It shall be the duty of the applicant to furnish suitable protection to the traveling public surrounding the location of all openings, excavations, stored materials and buildings or other structures within the permit area by means of suitable flags and barricades supplemented by red lanterns, where necessary, which shall be kept lighted from sunset to sunrise or provide such other means of protection as may be required by the Township Engineer.
A. 
No official of the township, other than the Township Engineer, is empowered to give or define grades or lines for the setting of a curb along the highways, nor shall any act on the part of any other official or employee bind the township or make it liable therefor.
B. 
No curb upon the highways of the township shall be set or reset, unless the property owner or his contractor or agent shall first procure from the Township Commissioners a permit therefor, which shall define or determine the manner in which the curb may be set or reset, and shall not be done otherwise.
C. 
An applicant for a permit shall file a written application with the Township Engineer stating specifically the desired line or grade of the curb to be set or reset and its location and length and shall pay a minimum charge, to be set forth from time to time by resolution of the Board of Commissioners, and if the length of the line of the proposed curb shall exceed 75 feet, he shall pay an additional charge.[1]
[Amended 11-21-1995 by Ord. No. 1846-95]
[1]
Editor's Note: For current fee amounts, see Ch. A300, Fees.
D. 
The Township Engineer, after making the necessary survey, shall establish and fix the line and grade of the curb proposed to be set or reset, and no curb shall be set or reset except after a permit is thus obtained and after the Township Engineer shall have given the line and grade.
E. 
Property owners and their contractors or agents shall protect the public, by proper guards and lights, against any danger of injury while the highway is open in the work of setting the curb or any matter pertaining thereto, including the guarding against injury by material that may be placed in the highway for that purpose.
[Amended 3-21-1989 by Ord. No. 1686; 12-15-1992 by Ord. No. 1766-92; 3-16-1993 by Ord. No. 1773-93]
A. 
It shall be the duty of all owners of property abutting upon any public street within the township to keep and maintain the sidewalk and/or curb and gutter in front of their respective properties in good order, condition and repair; upon notice to do so from the Township Manager or his duly authorized representative, and within 90 days after its receipt, to replace in front of their respective properties at the owner's expense the concrete cement sidewalk and/or curb or either of them; and, in order to have uniformity, the sidewalk shall be not less than four feet in width, four inches in thickness; and if the same extends to the curb, with a grade or fall toward the curb of one-fourth (1/4) inch to each foot.
[Amended 9-19-1995 by Ord. No. 1843-95]
B. 
Any driveway crossing a curb and pavement shall be constructed of the same materials as the curb or pavement over which it passes, except it shall be six inches thick, and in such a manner as will not cause any obstruction to or interference with the safe use of the same by pedestrians.
C. 
Wherever a curb is to be set at a corner of a street, a curved curb shall be placed, cut to such a radius as may be determined by the Township Engineer. Existing curbs at street corners shall be replaced with curved curbs with handicapped ramps in accordance with Americans with Disabilities Act (ADA) specifications whenever sidewalk and/or curb replacement at a corner is undertaken.
D. 
No covered gutters shall hereafter be constructed without the written permission of the Township Engineer.
E. 
The aforementioned notices may be served upon the owner, or any adult member of the family, or upon the tenant or occupier of the property, but should the owner reside elsewhere or the premises be unoccupied, then such notice may be posted upon a conspicuous portion of the premises.
F. 
It shall be the duty of all owners of the abutting property to keep the adjacent sidewalk and curb, together with any portion of such owner’s property paved and used as a sidewalk or public walk, in good order and repair, and at all times free and clear of all obstructions to safe and convenient passage. Sidewalks with more than one horizontal crack, spalling, or a difference in elevation of more than 3/4 inch, and curbs with multiple cracks, spalling, visible signs of integrity degradation, misalignment or leaning over the roadway shall be deemed not in a safe condition and shall be replaced. Patching of sidewalks or curbs is prohibited.
[Added 3-21-2006 by Ord. No. 2107-06]
G. 
Areas of the Township which have been reconstructed as streetscape enhancement areas, as listed below, shall be restored, after any street or sidewalk opening, to the same condition and with the same material as that which existed prior to any such opening. Any replacement granite curbing or replacement sidewalk paver material shall be approved by the Township Engineer or a designated Township official prior to installation. All work within the streetscape enhancement areas shall conform to the official Township specifications and details on file in the office of the Public Works Department.
[Added 7-21-2009 by Ord. No. 2190-09]
(1) 
Wesley Avenue from Easton Road to 175 feet easterly.
(2) 
Easton Road from the railroad overpass to 100 feet south of Springhouse Lane.
H. 
Any public or private utility corporation, including their representatives, contractors, and/or designees, disturbing the surface, sidewalk, curb, or pavement of any public street in the Township shall replace or repair such disturbed areas at its expense and without undue delay in accordance with the requirements of the Township Engineer. Such work shall be subject to the Township Engineer's supervision and approval.
[Added 2-15-2023 by Ord. No. 2451-23]
(1) 
For all restoration work contemplated in Subsection H immediately above, the corporation shall be held responsible for a period of two years from the date of the Township's final inspection and approval of such work. If, during this two-year period, the restored surface settles, deteriorates, cracks, or otherwise fails, as reasonably determined by the Township, the Township shall inform the corporation, in writing, and that corporation, or their representative, contractor, or designee, shall make the necessary corrections and/or repairs at their own expense, as reasonably directed by the Township.
[Amended 3-21-1989 by Ord. No. 1686; 12-15-1992 by Ord. No. 1766-92; 3-16-1993 by Ord. No. 1773-93]
A. 
No person or legal entity shall break any sidewalk or curb within the limits of the Township of Cheltenham, or change the same from the established grade thereof, without first having obtained a permit for such purpose from the Township Manager or his duly authorized representative.
B. 
Upon failure to comply with notices given, any person or legal entity violating the provisions of this chapter shall, upon summary conviction before a District Justice, pay a fine as set forth in § 255-22, together with costs of suit, collectible in the manner provided by Law. Each violation after notice of an offense or service of a summons shall constitute a distinct and separate offense.
[Amended 11-21-1995 by Ord. No. 1846-95]