[Ord. 2015-11-08, 11/16/2015]
1.
BIKE PATH/PEDESTRIAN WALKWAY
CARTWAY
CLEAR SIGHT TRIANGLE
CURB
DAILY MAINTENANCE
GUTTER
OWNER
RESERVE STRIP
RIGHT-OF-WAY
RIGHT-OF-WAY LINE
RIGHT-OF-WAY, EXISTING
RIGHT-OF-WAY, ULTIMATE
SIDEWALK
STREET TREE
SWALE
TOWNSHIP
WINTER STORM
Unless otherwise expressly stated, the following words shall, for
the purpose of this Part, have the meanings herein indicated. The
present tense shall include the future; the singular number shall
include the plural; words used in the masculine gender shall include
the feminine and the neuter; the word "shall" is always mandatory;
the word "may" is always permissive.
A paved path for pedestrians/bicycles alongside a street
or alley or reverse-frontage properties, usually constructed of asphalt.
The portion of a street, alley, access drive, or driveway,
whether paved or unpaved, intended for vehicular use.
An area of unobstructed vision at street intersections which
is between 2.25 feet and 6.75 feet from the ground and is defined
by lines of sight between points at a given distance from the intersection
of the street right-of-way lines.
A raised line of concrete, stone, or asphalt at and/or forming
the edge of the paved cartway.
Any and all activities necessary to generally preserve and
maintain (including, but not limited to, structural integrity and
normal functioning) a piece of property, a facility, or a structure,
including the clearing and/or removal of obstructions (such as debris,
sediment, leaves, vegetation, snow, ice, etc.), mowing, weeding, raking,
and sweeping, but not including replacement, repairs, or long-term
maintenance activities.
A paved, concrete or stone ditch constructed along the edge
of a cartway or between the cartway and the curb, used to carry surface
water runoff.
The legal owner or owners of land within the Township, including
a lessee, if he/she is authorized under the lease to exercise the
rights of the legal owner, or other person having a proprietary interest
in the land.
A parcel of land whose primary function is to separate a
street from adjacent properties, while not being used or capable of
being used as a building lot, open space or recreation area or for
legitimate environmental protection purposes.
A strip of land over which rights are provided for various
purposes, including vehicular access and travel, storm drainage, and
utilities. The land within a right-of-way shall not be included in
the dimensions or areas of a lot.
A line that forms the boundaries of a right-of-way.
The legal right-of-way as established by the Commonwealth
of Pennsylvania or other appropriate governing authority and currently
in existence.
The right-of-way deemed necessary to provide adequate width for future street improvements as set forth in the Township's Zoning Ordinance [Chapter 27] and Subdivision and Land Development Ordinance [Chapter 22]. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township or other authority. "Ultimate right-of-way" may also be referred to as "future right-of-way."
A path for pedestrians alongside a street or alley, usually
constructed of concrete, stone, or brick.
A tree installed or maintained in or near the right-of-way
in accordance with approved subdivision or land development plans
and/or in compliance with the Township's Zoning Ordinance and
Subdivision and Land Development Ordinance (those trees adjacent to
sidewalks and roadways).
A linear or curvilinear depression in the ground that channels
surface water runoff.
New Britain Township, Bucks County, Pennsylvania.
Precipitation in the form of sleet, ice, freezing rain, or
snow, or a combination thereof, creating the need for snow or ice
removal, salting or cindering operations, or creating hazardous driving
conditions. Any precipitation accumulating to a depth of one inch
shall be presumptively deemed to have created hazardous driving conditions,
and this Part shall go into effect when such precipitation first accumulates
to a depth of one inch.
2.
Any word or term not defined herein shall be used with a meaning
of standard usage.
[Ord. 2015-11-08, 11/16/2015]
1.
Owners conduct all daily maintenance upon any curb, sidewalk, bike
path, pedestrian walkway, swale, or gutter, within their property
or within any right-of-way adjacent to their property, necessary to
keep such facilities in good repair, passable, and unobstructed.
2.
Owners shall keep any curb, sidewalk, bike path, pedestrian walkway,
or gutter, within their property or within any right-of-way adjacent
to their property, free of refuse, debris and vegetation. Owners shall
keep any swale, within their property or within any right-of-way adjacent
to their property, free of refuse and debris and shall properly maintain
vegetation in the swale. Such care and maintenance shall be undertaken
to ensure that all sidewalks, bike paths, and pedestrian walkways
remain passable by pedestrians and that all swales and gutters permit
the unrestricted flow of stormwater.
3.
Owners of unwooded, developed real property shall maintain their
properties and adjacent rights-of-way up to the edge of the cartway
with well-maintained gardens or properly trimmed grass and shall conduct
all daily maintenance on all reserve strips adjacent to their property.
4.
Owners shall maintain all curbs, sidewalks, bike paths, and pedestrian
walkways, within their property or within any right-of-way adjacent
to their property, without breaks, irregular surfaces, or missing
parts and shall promptly repair or replace curbs, sidewalks, bike
paths, and pedestrian walkways when such breaks, irregular surfaces
or missing parts occur.
5.
Owners shall maintain all vegetation and street trees, within their
property or within any right-of-way adjacent to their property, to
ensure that they are free of damage and disease and shall not create
a risk of harm to passersby. Owners trimming and/or maintaining street
trees must take all proper precautions to protect the public from
these activities. Where street tree maintenance will possibly affect
the safe use of a public street, sidewalk, bike path, and/or pedestrian
walkway, the area affected shall be cordoned off and the Township's
approval of such work and street closure shall be obtained.
6.
No street trees may be removed by an owner unless such trees are
dead, diseased, or at risk of collapse, and only then upon receipt
of a tree removal permit from the Township. Any street tree removed
from a property in the Township shall be replaced by the owner of
the property within six months of such removal (unless ordered to
act more promptly by the Township pursuant to this Part). All replacement
trees shall be of a size and species required by the Township Subdivision
and Land Development Ordinance for street trees and shall be approved
by the Township. Prior to removing or replacing street trees, an owner
shall apply for and receive a permit from the Township for this work.
There shall be no fee for this permit.
7.
With the exception of salting or cindering sidewalks/walkways during
a winter storm, no debris or objects (such as trash receptacles, basketball
hoops, chairs, cones, etc.) may be placed or thrown onto or into public
streets, sidewalks, bikepaths, pedestrian walkways, swales, gutters,
or storm sewer facilities.
8.
Except for daily maintenance, owners are not responsible for the
maintenance, repair, replacement, or upkeep of swales and gutters
located within any right-of-way adjacent to their property.
9.
As a part of daily maintenance, owners are responsible for ensuring
that no structures, soil, rocks, vegetation, shrubs, trees, and the
like intrude onto, or into the vertical space above, any cartway,
sidewalk, bike path, or pedestrian walkway more than two inches.
10.
As a part of daily maintenance, owners are responsible for ensuring
that no structures, soil, rocks, vegetation, shrubs, trees, and the
like intrude into any clear sight triangle more than two inches.
[Ord. 2015-11-08, 11/16/2015]
1.
Ice and Snow Removal.
A.
Owners shall keep any sidewalk, within their property or within any
right-of-way adjacent to their property, free of ice and snow such
that all sidewalks shall have a path of at least 30 inches in width
cleared of snow and ice and passable by pedestrians within 48 hours
of completion of each winter storm. In the event snow and/or ice on
a sidewalk has become so hard that it cannot be removed without likelihood
of damage to the sidewalk, the owner shall, within 48 hours of completion
of the winter storm, place enough sand or other abrasive on the sidewalk
to make travel reasonably safe and shall, as soon thereafter as weather
permits, clear a path in said sidewalk of at least 30 inches in width.
B.
Owners shall keep any swale or gutter, within their property or within
any right-of-way adjacent to their property, free of ice and snow
such that all swales and gutters shall be unobstructed within 48 hours
of completion of each winter storm.
C.
Owners shall be required to uncover any fire hydrant, located on
their property or within any right-of-way adjacent to their property,
to the extent that at least a three-foot radius of clear space shall
be maintained around the outside of fire hydrants and so that at least
1/2 of the hydrant is visible from the cartway within 24 hours of
completion of each winter storm.
D.
No owner shall be responsible, however, for cleaning snow and ice
from Township bike paths and pedestrian paths which do not abut streets
or alleys or are completely physically separated from the remainder
of the owner's property by a buffer and/or berm.
2.
Improper Ice and Snow Removal.
A.
No snow or ice shall be plowed, pushed, thrown, or cleared from private
property onto a public street, sidewalk, bike path, pedestrian path,
gutter, or swale.
B.
No snow or ice shall be plowed, pushed, thrown, or cleared from private
property onto a neighboring property without the express permission
of the owner of the neighboring property.
C.
No person shall deposit or cause to be deposited any snow or ice
on or immediately next to a fire hydrant.
3.
Removal of Ice and Snow by Township.
A.
Ice or snow on sidewalks, bikepaths, or pedestrian walkways or in
swales or gutters is hereby decreed a public nuisance and may be removed
by the Township without prior notice to the owner.
B.
Should the Township remove ice or snow on sidewalks, bikepaths, or
pedestrian walkways or in swales and gutters in the interest of public
safety, the cost of such work may be levied upon the owner; and upon
nonpayment for a period in excess of 30 days, the cost thereof may
be assessed as a lien, together with the cost of collection, and a
reasonable administrative charge, and may be collected from the owner
as provided by law.
[Ord. 2015-11-08, 11/16/2015]
1.
It shall be unlawful for any person to park, place, or allow to remain
any object other than a motor vehicle in any public street, road,
or highway or on a sidewalk, bike path, or pedestrian walkway.
2.
The Township shall have the authority to remove and impound, or to
order the removal and impounding of, any nonmotorized object or vehicle
found in a public street, road, or highway or on a sidewalk, bike
path, or pedestrian walkway in violation of this Part. If, however,
at the time of the intended removal by the Township, the owner or
the person in charge of such object is present and expresses a willingness
and intention to remove the object immediately and does so, then the
Township shall not have the authority to remove and impound.
3.
Removal and impounding of objects under this Part shall be done only
by Township personnel or approved agents. Every such approved agent
shall submit evidence to the Township that it is bonded or has acquired
liability insurance in an amount satisfactory to the Board of Supervisors
as sufficient to indemnify owners of impounded objects against loss
or damage to those objects in the custody of the approved agent. The
approved agents shall have an approved storage area and shall submit
to the Township a schedule of charges for removal and storage of objects
under this section; and, when the schedule is approved by the Board
of Supervisors, those charges shall be adhered to by the approved
storage agent; no different schedule of charges shall be demanded
of or collected from any person whose object is removed or impounded
under this section by any approved storage agent. The Board of Supervisors
shall delete from its list of approved storage agents and areas any
such agent that makes any unapproved charge in connection with any
objects removed or impounded under this section. In order to reclaim
an object removed pursuant to the provisions hereof, the owner, lessee
or other person having an interest therein shall pay such removal
and storage costs according to the approved schedule.
[Ord. 2015-11-08, 11/16/2015]
1.
The Township may require owners of property abutting any street or
alley, including state highways, to construct, pave, repave, and repair
sidewalks, curbs, swales, and gutters along such property, at such
grades as may be prescribed by the Township Engineer or Township representative,
and under such regulations as may be prescribed by the Board of Supervisors.
Prior to conducting such work, an owner shall apply for and receive
a permit from the Township for this work.
2.
The Township may require owners of property abutting any street or
alley, including state highways, to maintain or replace missing, dead,
damaged, or diseased street trees.
[Ord. 2015-11-08, 11/16/2015]
Where sidewalks, curbs, bike paths, or pedestrian walkways are
to be constructed, paved, repaved, or repaired over swales, gutters,
or excavations of any kind, such curbs, sidewalks, bike paths, and/or
pedestrian walkways shall be supported by iron or steel beams, girders,
stone, or concrete arches or as otherwise approved by the Township
Engineer. Any supports constructed of wood or other material prone
to decay, rot, or erosion shall be prohibited.
[Ord. 2015-11-08, 11/16/2015]
All curbs, sidewalks, bike paths, pedestrian walkways, swales,
and gutters shall be constructed, paved, repaved, or repaired, upon
the line and grade obtained by the owner from the Township Engineer
or Township representative, following application by the owner to
the Township for all necessary permits.
[Ord. 2015-11-08, 11/16/2015]
Any notice from the Township to an owner to construct, pave,
repave, and repair curbs, sidewalks, bike paths, pedestrian walkways,
swales, or gutters or to maintain or replace street trees shall grant
the owner 90 days to comply with said notice in conformity with any
construction specifications prescribed by the Township Engineer or
Township representative, and the ADA, as applicable. No work shall
be conducted without a permit.
[Ord. 2015-11-08, 11/16/2015]
At any time during the performance of the required work, the
Township Engineer or Township Representative may inspect the work
to determine whether construction specifications are being observed.
[Ord. 2015-11-08, 11/16/2015]
Upon the failure or refusal of any owner to timely construct,
pave, repave, or maintain any curb, sidewalk, bike path, pedestrian
walkway, swale, or gutter or to maintain or replace street trees in
compliance with a Township notice to do so, the Township may do the
same or cause the same to be done and may levy the cost of this work,
together with the cost of collection, and a reasonable administrative
charge, on the owner as a municipal lien to be collected as provided
by law.
[Ord. 2015-11-08, 11/16/2015]
Where, in the opinion of the Township, a dangerous condition
exists that must be repaired, the Township shall send the owner of
the property containing this condition a notice by registered or certified
mail stating emergency repairs are required. Upon failure of such
owner to comply with the notice within 48 hours after receiving it,
the Township may make the required emergency repairs and levy the
cost of this work, together with the cost of collection, and a reasonable
administrative charge, on the owner as a municipal lien to be collected
as provided by law.
[Ord. 2015-11-08, 11/16/2015]
Any owner not required by notice to construct, pave, repave,
or keep in repair curbs, sidewalks, bike paths, pedestrian walkways,
swales, or gutters, or to maintain or replace missing, dead, damaged,
or diseased street trees, may construct, pave, repave, or repair the
curb, sidewalk, bike path, pedestrian walkway, swale and gutter and
maintain or replace dead, damaged, or diseased street trees abutting
his/her property, provided such owner shall make application to the
Township for a permit before commencing work, shall obtain property
grades from the Township Engineer or Township representative before
commencement of work, shall conform to the provisions of this Part
and other regulations as to specifications for construction and repair
work, and shall notify the Township Engineer or Township representative
no less than 48 hours before commencement of said work.
[Ord. 2015-11-08, 11/16/2015]
1.
Owners of parkland, farm fields, undeveloped properties larger than
five acres, and residential properties larger than 10 acres are exempt
from complying with this Part.
[Ord. 2015-11-08, 11/16/2015]
1.
Any person who shall violate or permit violation of any provision
of this Part shall pay a civil penalty of not more than $600, together
with all court costs and reasonable attorneys' fees actually
incurred by the Township. Each day that a violation continues shall
constitute a separate offense. This penalty may be levied upon the
owner, any tenant, and any other occupant of the real property containing
the violation subject to the provisions hereof.
