[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
For the purposes of this article, these terms
shall be defined as follows:
A pedestrian walkway, including, for the purposes of this
article, 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.
A.
The Borough Council may require the installation of
sidewalks along any Borough or other public right-of-way in the Borough
when Council, in its discretion, determines that sidewalks are necessary
to assure the safe movement of pedestrians in the Borough.
B.
In considering all future site plan applications,
the Planning Commission may require the applicant or developer to
provide sidewalks when the Commission, in its discretion, determines
that sidewalks are necessary to assure the safety of the property
owners in the proposed plan and the residents of the Borough.
A.
Cost allocation. The cost of the initial installation
of sidewalks shall be allocated as follows:
(1)
When required as part of a subdivision, land development
or site plan, the cost of installation shall be the responsibility
of the developer.
(2)
When authorized by the Borough Council in areas where
no subdivision or site plan approval is involved, the cost shall be
borne by the abutting property owner or owners.
B.
Cost assessment. Where any cost of the sidewalk is
to be paid by abutting property owners, the assessment shall be made
on a front-foot basis; however, Borough Council may make equitable
adjustments for corner lots and irregularly shaped lots where an assessment
for full frontage might be unjust.
C.
Notice of assessment and collection. The Borough Manager
shall send by certified mail a notice of assessment which shall be
paid within 45 days from receipt of notice. If any assessment shall
remain unpaid at the expiration of the notice period, the Borough
Solicitor shall take action to collect the unpaid amount, with interest
from the time of completion of the improvement, by civil action of
assumpsit or by a lien to be filed and collected in the same manner
as municipal claims.
Sidewalks shall be installed, replaced or repaired
in accordance with Borough specifications. The location, size of sidewalks,
as well as the material utilized for construction, shall be subject
to the approval of the Borough Engineer.
After the initial installation of any sidewalk,
all repairs and replacement are the responsibility of the abutting
property owner. The Borough Manager may issue a notice to the property
owner to replace and/or repair a sidewalk within 20 days after the
receipt of the notice. If the property owner fails to comply, the
Borough may perform the work and recover the cost plus 10% penalty
from the property owner as allowed by law.
A.
It shall be the responsibility of the owner and/or
legal resident of the property abutting the sidewalk to keep it clear
of obstructions.
B.
It shall be unlawful to allow ice, snow or other debris
to remain on the sidewalk longer than 24 hours after its accumulation.
[Amended 8-24-2011 by Ord. No. 1604]
C.
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.
D.
It shall be the responsibility of the owner or legal
resident of the property to remove from the sidewalk, prior to darkness,
any object or other materials which might endanger a pedestrian.
E.
It shall be unlawful for the owner and/or legal resident
of the property abutting the sidewalk to operate an air conditioner
or other cooling device in a manner whereby water or other fluids
emitted from such cooling are permitted to drip upon or flow onto
the sidewalk.
A.
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 Mayor and subject to the prohibition set forth in Subsection F, below.
B.
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 consisting of at least three feet of
clearance from the curb towards the principal building shall be left
at all times.
[Amended 8-24-2011 by Ord. No. 1604]
C.
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.
D.
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.
E.
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.
A.
No owner 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.
B.
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.
C.
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.
A.
Any person, firm or corporation who violates a provision
of this article, or who fails to comply therewith, or with any of
the requirements thereof, shall be, upon conviction thereof, sentenced
to pay a fine of not less than $100 nor more than $1,000 for each
violation, plus costs, and, in default of payment of said fine and
costs, to imprisonment to the extent permitted by law for the punishment
of summary offenses.
B.
A separate offense shall arise for each day or portion
thereof in which a violation is found to exist or for each section
of this article found to have been violated. All fines and penalties
for the violation of this article shall be paid to the Borough Treasurer.
C.
The Borough may also commence appropriate actions
in equity, at law or other to prevent, restrain, correct, enjoin,
or abate violations of this article.
