A. 
The grading of sidewalk areas and the construction and repair of sidewalks, curbs, gutters and driveway entrances along and within the right-of-way of any public highway, road, street, avenue, public lane or public alley in the Township shall be done by the owner or owners of the lot or lots abutting thereon in accordance with the lines and grades as shown on recorded subdivision plans or as established by this chapter and in accordance with the provisions of this chapter.
B. 
It is hereby declared unlawful for any person, firm, corporation or other entity to grade any sidewalk area, construct or repair any sidewalk, curb, gutter or driveway entrance within the Township except in compliance with the provisions of this chapter.
C. 
Sidewalks, curbs and gutters shall not be placed or replaced within the right-of-way of any public highway, road, street, avenue, public lane or public alley in the Township of Towamencin by any owner, person, firm, association or corporation without first obtaining from the Township a permit for such purpose and assuming liability for all and any damage which might result from the performance of such work.
A. 
Any person, firm, corporation or other entity desiring to grade any sidewalk area or to construct or repair any sidewalk, curb gutter or driveway entrance shall first obtain a permit (Township permit) therefor from the proper Township official for issuing the aforesaid permit only after the following conditions have been satisfied:
(1) 
The filing of a written application with said Township official upon such form as approved by the Board of Supervisors setting forth the location, purpose and description of the improvement.
(2) 
The approval of said application by the Township Engineer.
(3) 
The established fee in accordance with a fee schedule adopted by resolution shall be paid to the Township at time of filing the written application.
(4) 
In all cases of new construction of curb, sidewalk, gutter or driveway entrance, or resetting/replacing any curb, sidewalk, gutter or driveway entrance, and in the case of any other type of work as specifically requested by the applicant, the engineer shall furnish the applicant with necessary lines and/or grades, prior to the issuance of the permit.
(5) 
The filing and receipt of a highway occupancy permit and/or minimum use driveway permit from PennDOT for any construction, replacement or repair of sidewalks, curbs, gutters or driveway entrances within rights-of-way of the Pennsylvania Department of Transportation.
B. 
Should a property owner request a Township permit under the provisions of this chapter, he shall do so at least 10 days prior to the proposed construction, reconstruction or repair of a curb, sidewalk, gutter or driveway entrance when the line and grade have been established by the Township and at least 30 days where no line or grade has been established.
C. 
The Township permit shall be effective for a period of 90 days from date of issuance and may, prior to expiration of the original or renewal period, be renewed by the proper Township official for a period of 90 days upon written application and payment of a fee by the person, firm, corporation or other entity to whom the original permit was issued, providing that lines, grades, or reference points have not been disturbed or destroyed. When such points have been disturbed, they shall be reestablished at the applicant's expense.
D. 
The form of application and permit shall be adopted from time to time by the Township Board of Supervisors by resolution. A copy thereof shall remain on file at the office of the Township.
E. 
On neglect or refusal by the owner or owners of an abutting lot or lots to grade any sidewalk areas, to construct, pave, repave or repair any sidewalk, to construct, set, reset or repair any curb, gutter or driveway entrance within the time period provided by the Board of Supervisors by resolution, said Supervisors shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof as provided for in the Towamencin Township Code.
Applicants for a Township permit related to this chapter shall pay to the Township at the time of application the fees set forth in the then-current fee schedule which shall have been adopted by resolution by the Board of Supervisors (refer to Chapter 76, Fees).
A. 
The existence of any of the conditions noted in this chapter shall be reason for the repair or replacement of any curb or sidewalk.
B. 
Sidewalk areas not graded, or sidewalks, curbs, gutter and driveway entrances not laid in conformity with the provisions of this chapter and with the established grades and lines as shown on recorded subdivision plans, or as set forth in an ordinance, are hereby declared to be nuisances and must be removed/replaced, regraded and/or relaid according to the provisions of this chapter within 60 days after notice to the owner or owners to do so by the Board of Supervisors. Upon failure of said owner or owners thereof to regrade said sidewalk area and/or remove/replace or repair said sidewalk, curb, gutter or driveway entrance within the time stipulated, the Board of Supervisors shall cause the same to be done in the manner herein provided, and Board shall collect the cost thereof from the owner or owners of the lot or lots as provided in the Towamencin Township Code.
C. 
Should a sidewalk, curb, gutter or driveway entrance become, in the opinion of the proper Township Official, a dangerous condition, notice shall be given to the owner or owners of the lot or lots abutting thereon to relay the sidewalk, curb, gutter and/or driveway entrance with the material prescribed in the most recently adopted detail and specifications as attached hereto, made a part hereof and marked Exhibit B and described as "Curb and Sidewalk Installation Specifications/Details for Towamencin Township." Exhibit B is on file in the Township offices. Upon failure of said owner or owners to do so within the time period provided by the Township by written notice, the Township shall cause the same to be done in the manner herein provided and shall collect the costs thereof from the owner or owners of the lot or lots as provided in the Towamencin Township Code.
D. 
Sidewalks, curbs, gutters and driveway entrances which do not comply with the most recently adopted Curb and Sidewalk Installation Specifications/Details (Exhibit B, on file in the Township offices) shall not be permitted to be repaired and must be replaced if:
(1) 
In the case of curbing or gutter, more than 25% of any scored section is deteriorated or must be replaced, then the curb or gutter shall be saw cut and the entire section replaced, with expansion joints placed at both ends of the section (refer to Curb and Sidewalk Installation Specifications/Details).
(2) 
In the case of concrete sidewalks, more than 25% of the area of any scored block is deteriorated or requires replacement, then said concrete block shall be replaced in its entirety; provided, however, where a portion of such concrete block is removed for installation or repairs to utilities, then the block shall be replaced in its entirety (refer to Curb and Sidewalk Installation Specifications/Details).
(3) 
In the case of concrete driveway entrances, more than 25% of the total area is deteriorated or requires replacement, then the entire area shall be replaced (refer to Curb and Sidewalk Installation Specifications/Details).
(4) 
In the case of a section of slab of sidewalk, there is a crack width in excess of 1/2 inch at any one point along a length of one foot or greater. Cracks of a lesser width may be filled with an approved sealant material (refer to Curb and Sidewalk Installation Specifications/Details).
(5) 
In the case of curb/gutter, it is out of horizontal or vertical alignment with adjacent curb(s) in excess of 1/2 inch or when pedestrian or vehicle safety is in question (refer to Curb and Sidewalk Installation Specifications/Details).
(6) 
Curb is determined to have less than four inches of reveal after final paving; depressed curb is determined to have less than one inch reveal after final paving (refer to Curb and Sidewalk Installation Specifications/Details).
(7) 
A section of slab of sidewalk out of vertical or horizontal alignment in excess of 1/2 inch or when pedestrian safety is in question (refer to Curb and Sidewalk Installation Specifications/Details).
(8) 
Depressed curb has been paved over. If, after exposure by the contractor performing the road restoration work, it is determined that deterioration, alignment, and reveal after final paving will be acceptable pursuant to these guidelines, the depressed curb or portion of depressed curb may be left in place and not require replacement.
(9) 
In the case of curbs, gutters or sidewalk, there is evidence of structure failure as determined by the Township Engineer or his authorized representative.
(10) 
There is any other instance which may create a pedestrian or vehicle traffic safety hazard, as determined by the Township Engineer or his authorized representative.
E. 
Where a curb has been snapped off, it must be replaced, and no capping shall be permitted.
F. 
Any sidewalk that slopes toward the curb in excess of one inch per foot shall be deemed to be hazardous to pedestrian traffic and shall be removed and replaced in accordance with the specifications of this chapter.
A. 
In areas where curb and sidewalks are required, all driveway entrances shall be of the radius curb-ramp type or the depressed curb-ramp type. In areas where curb and sidewalk have not been required, said entrances shall be constructed as shown on the most recently adopted Curb and Sidewalk Installation Specifications/Details (Exhibit B, which is on file in the Township offices).
B. 
No surface runoff collection structures are permitted on newly constructed sidewalks. All drainage pipe shall be installed under sidewalk areas in conformance with the most recently adopted Curb and Sidewalk Installation Specifications/Details.
C. 
No material or structure shall be placed in the cartway area adjacent to curb, gutter, or driveway entrances which shall, in any way, impede the flow of stormwater runoff in the cartway area of the street.
D. 
Curbs, gutters and sidewalks shall be constructed in any area where, in the opinion of Board of Supervisors, pedestrian traffic, inadequate sight distances or other potentially hazardous conditions indicate the need, for public safety reasons.
E. 
All traffic control signs and street name signs removed during construction of curb, gutter, sidewalk, and/or driveway entrances shall be replaced by the person, firm, corporation or other entity performing the construction and shall be replaced on breakaway posts conforming to PennDOT Publication 111M, as amended.
The following construction standards as shown on the most recently adopted Curb and Sidewalk Installation Specifications/Details (Exhibit B, on file in the Township offices) are made a portion hereof:
A. 
All curbing, sidewalk, and driveway entrances shall be constructed in accordance with the most current editions of PennDOT Publication Form 408, Specifications, and PennDOT Publication No. 72M, Standards for Roadway Construction, except as otherwise specified in this chapter and the Curb and Sidewalk Installation Specifications/Details. All pedestrian crosswalks shall conform to PennDOT standards.
B. 
Except as otherwise specified in this chapter, all sidewalk shall be constructed as indicated on the Curb and Sidewalk Installation Specifications/Details and as follows:
(1) 
All sidewalk areas shall conform to the curb grades except that the area shall have a two-percent ascending pitch measured from the outside curb face to the right-of-way line of the street.
(2) 
Width of sidewalks shall be consistent with design standards set forth in the most current edition of the Towamencin Township Subdivision and Land Development Ordinance (Chapter 136).
(3) 
All sidewalks shall be constructed of a minimum thickness of four inches of 4,500 psi minimum compressive strength concrete after 28 days curing time with air entraining equivalent to 5% ±1% with the exception of areas crossing driveways, which shall have a minimum thickness of eight inches. All sidewalks shall have a four-inch base of select granular material (PennDOT 2RC) except a six-inch base shall be provided for areas crossing driveways. Expansion joints shall consist of a one-half-inch preformed, nonextruding, resilient bituminous joint fill to be placed the full depth at the sidewalk every 20 feet and scored; traverse control joints shall be placed every five feet.
C. 
Except as otherwise specified in this chapter, all driveway entrances shall be constructed as indicated on the Curb and Sidewalk Installation Specifications/Details (Exhibit B, on file in the Township offices) and as follows:
(1) 
Radius curb-ramp and depressed curb-ramp type driveway aprons shall have the outside edge raised one inch above the flow line of the gutter for Township streets and 1 1/2 inches above the flow line of the gutter within PennDOT rights-of-way.
(2) 
Radius curb-ramp and depressed curb-ramp type driveway aprons shall have a straight slope from the rear of the curb to the outside edge of the sidewalk.
(3) 
All driveway entrances located within the rights-of-way of public streets shall have a minimum of six-inch base of select granular material (PennDOT 2RC).
(4) 
All concrete used on driveway entrance aprons within the rights-of-way of public streets shall have a minimum compressive strength of 4,500 psi at 28 days and containing 5% ±1% air by volume.
(5) 
All driveway entrance aprons shall have a finish equivalent to that of the adjoining sidewalk, while the finish for curb-ramp radius and depressed curb-ramp shall be the same as adjoining curbing.
(6) 
The thickness of concrete sidewalk and apron at driveway entrances shall be a minimum of eight inches and shall be constructed with reinforcing steel of a design adequate to handle the anticipated loading, and said design shall be subject to the approval of the Township Engineer.
D. 
Except as otherwise specified in this chapter, all concrete curbing shall be constructed as indicated on the Curb and Sidewalk Installation Specifications/Details (Exhibit B, on file in the Township offices), and as follows:
(1) 
All curbing, unless otherwise allowed by the Township Engineer, shall be constructed with a vertical face and shall be constructed to the following dimensions: the depth shall not be less than 18 inches; the curb shall be seven inches thick at the top, eight inches thick at the gutter line and eight inches thick at the bottom. The height of curb above the gutter line shall be eight inches.
(2) 
Materials for construction of concrete curbing shall be as follows: All concrete curbing shall be constructed on a four-inch-thick bed of compacted select granular material (PennDOT 2RC). The concrete shall have a 4,500 psi minimum compressive strength when cured for 28 days with an air entrainment equivalent of 5% ±1%. No concrete shall be poured in freezing conditions without the approval of the Township Engineer. Expansion joints shall consist of a one-half-inch premolded, nonextruding, bitumastic material and shall be used, for the entire depth of the curb, at a distance of every 30 feet with scored control joints every 10 feet.
(3) 
Smooth rubbed finish. Smooth rubbed finish shall be produced on newly hardened concrete no later than the day following form removal. Surfaces shall be wetted and rubbed with carborundum brick or other abrasives until uniform color and texture are produced and/or until all visible voids have been eliminated. No cement grout shall be used other than the cement paste drawn from the concrete itself by the rubbing process.
(4) 
Immediately after finishing, all concrete shall be cured by using either an approved, impervious, light-colored plastic covering placed and maintained in contact with the concrete surface or an approved, impervious light-colored liquid curing compound sprayed on the concrete surface. The curing shall be continued for at least five days.
(5) 
The Township Engineer may reject any concrete sidewalks, curbs, and driveway entrances which do not conform to the requirements of this chapter or the generally accepted standards of the American Concrete Institute.
E. 
Handicapped accessible curb ramps shall be placed at all street intersections and constructed as shown on the latest edition of the PennDOT Curb Ramps and Sidewalks details RC-67M of PennDOT Publication 72M, as amended. These details, as adopted and published by PennDOT at the time of adoption of this chapter, are included as part of Exhibit B, Curb and Sidewalk Installation Specifications/Details, on file in the Township offices. The Board of Supervisors may grant a waiver of the installation of handicapped accessible curb ramps at its discretion. Materials used shall be as specified in this chapter.
A. 
The Township Engineer is hereby empowered to give or define grades or lines for the placing or replacing of sidewalk, curb and gutter within the boundaries of any public highway, road, street, avenue, public lane or public alley within said Township, and no act on the part of any other official or employee shall bind the Township or make it liable therefor.
B. 
For giving or defining grades or lines for the placing of sidewalks, curbs or gutters within the boundaries of any public highway, street, road, avenue, lane or alley, a charge payable to the Township will be made in accordance with a standard rate adopted by resolution.
C. 
No sidewalk, curb or gutter shall be constructed or replaced except after a Township permit is obtained, and the Engineer shall have given the grades and lines after the necessary survey.
A. 
The owner of the abutting property shall be responsible for keeping the sidewalks and curbs immediately in front of his property in good order and repair and free of all obstructions. The owner of the abutting property shall repair or replace any sidewalk or curb which deteriorates or becomes hazardous. Such repair or replacement shall be done in accordance with Township specifications as set forth in this chapter.
B. 
Should the abutting owner fail to make such necessary repairs or replacement of the sidewalk or curb, the proper Township official may serve upon him a notice requiring such repairs or replacement. The notice shall be served on the property owner by certified mail or by leaving notice at his place of residence. Where the owner resides outside the Township, the notice shall be served by posting the notice on the premises in question and mailing a copy by certified mail to the owner's last known address.
C. 
If such abutting property owner fails to comply with the requirements of the notice within 60 days from the date of service, the Township may make the necessary repairs or replace the sidewalk or curb. The cost of the repairs or replacement shall be paid by the owner of the abutting property, together with a penalty of 10%, or may be collected as provided by law in an action of assumpsit or by filing a municipal lien against the property.
Permittees, their contractors or agents shall protect the public by proper guards, barricades and lights against any danger or injury while the highway is open or the work is under construction. At all times an unobstructed passage along the sidewalk of at least four feet in width and a free passage for water in the gutter shall be maintained. No building materials or other obstructions shall be placed within 25 feet of a fire hydrant, and all such obstructions shall be removed from the highway before the time of the expiration of the permit. No materials shall be mixed upon the surface of the highway.
Any person, firm, corporation or other entity applying for any permit under this chapter shall indemnify the Township against all liability of whatever nature, excepting only that of the Township, arising during the performance of work for which a Township permit is granted whether or not the said liability arises as a result of the negligence of the person, firm, corporation or other entity to whom the permit was issued.
Any person, whether an individual, partnership, association or corporation, including but not limited to owners, tenants, occupiers, contractors, subcontractors and their agents, servants and employees who or which shall violate any of the terms of Article V of this chapter shall, upon conviction thereof, pay a fine of not more than $1,000 and the costs of prosecution and, in default of the payment of such fine and costs, shall suffer imprisonment for a period not to exceed 30 days. After notice, each day's continuance of a violation shall constitute a separate offense. These penalties shall be in addition to the remedies afforded in § 133-34C.