[Adopted 7-18-2018 by Ord. No. 282]
This article shall be known and may be cited as the Warwick
Township Sidewalk and Curb Ordinance.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
In reference to any street, the term shall mean any property
physically adjoining the street, regardless of what the reversion
rights in the street may be and regardless of where the lot lines
may be in relation to the street.
The governing body of the Township.
The legal and/or beneficial owner of real property located
within the Township.
The Pennsylvania Department of Transportation and any agency
successor thereto.
Any individual, firm, partnership, corporation, association,
or other entity and the officers of such corporation or firm and the
members of such partnership or association which is recognized by
law as the subject of rights and duties.
The Township of Warwick, Lancaster County, Pennsylvania.
A.
The owner of the abutting property shall be responsible for keeping
the sidewalks and curbs immediately in front of his/her 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 the specifications set forth in this article.
B.
Should the owner of the abutting property fail to make such necessary
repairs or replacement of sidewalk or curb, the Township may serve
upon him/her a notice requiring such repair or replacement. The Township
shall service notice required by this article upon the owner of the
subject property in any of the following manners: By delivering the
same to such owner personally, by delivering the same to and leaving
it with an adult person in charge of the property if the owner of
the property resides at the property, by affixing the same in a conspicuous
position upon said property if the owner of the property resides on
the property, or by sending said notice by certified mail, return
receipt requested, and first-class mail addressed to the owner at
the last known address of the owner. Service by mail shall be considered
complete if the certified mail is accepted or if the certified mail
is unclaimed and the notice sent by first-class mail is not returned
to the Township as undeliverable.
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 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 a civil action or by filing a municipal lien.
A.
The Board, at any time, may require installation of curbs and/or
sidewalks in any area of the Township prior to street improvements
or where curbs and/or sidewalks are missing, deteriorated or do not
have sufficient curb reveal in the opinion of the Township Road Superintendent,
or Township Engineer, to provide pedestrian protection or adequately
control stormwater within the road.
B.
Any person required to or desiring to install or repair sidewalks
and/or curb shall apply to the Township Zoning Officer for a permit.
The permit application shall identify the name and address of the
contractor, if any, who is to do the work and the location of the
work. The applicant shall confirm that he or she shall comply with
the requirements of this article in the installation of such sidewalks
and/or curb.
C.
The Road Superintendent, or Township Engineer, may inspect the installation
of curbs and/or sidewalks to ensure compliance with this article.
All existing sidewalks and/or curbs within the Township found
to be defective or in need of resurfacing or repairs shall be resurfaced
and/or repaired by the owners of the abutting property, after receipt
of and in accordance with the terms of a notice to be issued and served
as hereinafter set forth.
An existing sidewalk and/or curb shall be deemed defective and/or
in need of replacement, resurfacing or repair whenever, by reason
of being uneven, cracked, broken or otherwise defective, such sidewalk
and/or curb becomes hazardous or presents a danger or risk in use
by a pedestrian while walking or jogging and/or in the normal use
of sidewalks with tricycles, baby strollers and the like.
The need for installation of sidewalks and/or curbs or the type
of repairs or resurfacing to be made to existing sidewalks under the
provisions of this article shall be determined by the Road Superintendent
or Township Engineer.
Upon determination of the need for installation of sidewalks
and/or curbs or resurfacing or repairs to existing sidewalks and/or
curb, the Road Superintendent shall give notice of the need for installation
of sidewalks or the type and extent of the sidewalk and/or curb repairs
and/or resurfacing required under the provisions of this article.
Such notice shall be served upon the owner of the abutting property.
All installation of sidewalks and/or curbs or resurfacing or repairs
required shall be completed within one year of the date of the notice.
All provisions relative to installation of sidewalks, curbs, driveway aprons and or curb cut ramps included in Chapter 285, Subdivision and Land Development, are incorporated herein. Notwithstanding the foregoing, each installation of sidewalks and curbs or resurfacing or repairs to existing sidewalks shall comply with the then-current regulations governing the Americans with Disabilities Act (refer to 42 U.S.C. § 12101 et seq.) and any regulations, details or specifications adopted by PennDOT for handicapped-accessible curb ramps and sidewalks. In the event of an inconsistency between the provisions of Chapter 285, Subdivision and Land Development, and regulations implementing the Americans with Disabilities Act adopted by the federal government or PennDOT, the regulations of the federal government and/or PennDOT shall prevail.
A.
Repairs may be made in such a manner as to replace said sidewalk
or curb in substantially its original condition, provided that said
repairs do not include more than 50% of the total frontage of the
property on any one street. If, however, more than 50% of replacement
is required, the entire frontage of the sidewalk or curb may be required
to be replaced in accordance with the provisions of this article.
In all cases repairs shall meets the requirements of the Americans
with Disabilities Act and implementing regulations.
It shall be unlawful for any person to tear up, destroy, remove,
deface, excavate, install, repair or resurfacing any sidewalk or curb
along the public highway or streets of the Township, whether after
notice by the Township to install or make repairs or resurfacing or
otherwise, except in accordance with a sidewalk permit duly issued
by the Township Zoning Officer after written application to him/her.
Whenever any sidewalk is to be installed or resurfaced under
the provisions of this article at an intersection, and it is determined
necessary and in the best interest of the Township for the benefit
of commerce or the use by the handicapped, then, in that event, the
resurfacing or installation required under this article shall include
the gradual grading of concrete from the established grade of the
sidewalk to street level upon plans and specifications prepared by
the Township Official.
Notwithstanding the foregoing, when in the opinion of the Road
Superintendent, a dangerous condition exists on any sidewalk and/or
curb with the Township which has an immediate effect upon the safety
or public welfare of the Township, a notice to make such repairs within
30 days shall be served upon the owner of the property abutting or
fronting upon the defective sidewalk and/or curb in the manner hereinabove
set forth. In the event that such emergency repairs are not made within
30 days, the Township shall have the right to make such repairs and
charge the costs thereof against the owner of the property, together
with a penalty of 10% of such costs, which charge shall be collected
in the manner herein set forth.
Any person who shall violate any provision of this article,
upon conviction thereof, shall be sentenced to pay a fine of not less
than $200 and more than $1,000 plus costs and, in default of payment
of said fine and cost, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues shall constitute
a separate offense, and each section of this article which is violated
constitutes a separate violation.
