[Adopted 9-12-1988 by Ord. No. 88-20]
All sidewalks shall be constructed and repaired upon the line and grade
within the rights-of-way of roadways and streets dedicated to Hempfield Township
pursuant to the within article and shall be done as follows:
A. Sidewalks shall have a minimum width of four feet and
a maximum width of five feet.
B. Sidewalks shall be built and constructed of concrete
masonry or brick or similar materials, but no asphalt sidewalks may be constructed.
C. Sidewalks shall follow the line or the grade of the street
and shall not have contained therein any steps.
D. Sidewalks shall be sloped for proper water runoff as
deemed appropriate by the Engineer of Hempfield Township.
E. There shall be one-half-inch expansion joints between
the sections of sidewalk construction, at a maximum distance of every 20 feet.
F. Sidewalks constructed of concrete or similar masonry
material shall have reinforced wire or a fiberglass substitute or similar
material contained therein for strengthening purposes.
G. Sidewalks shall have a minimum thickness of 3 1/2
inches.
H. Sidewalks shall conform to the adjacent earthen areas
as to elevations.
I. If sidewalks are made of concrete or similar masonry
material, they shall be broom finished and not have a smooth surface.
J. All sidewalks shall be built no closer than four feet
from the curbline of the street or road adjacent to said sidewalk area.
At any time during the construction of sidewalks within the rights-of-way
of Hempfield Township, the Township Engineer may inspect the construction
work and order stoppage of construction if the Engineer determines that such
construction is not in accordance with this article.
Responsibility for removal of snow, ice and other obstructions is that
of the owner, occupant or tenant of every property abutting along a sidewalk
as defined in this article, whether built before or after the passage of this
article, and said persons are hereby required to remove or cause to be removed
from all sidewalks in front or alongside of said property the snow, ice and
other obstructions in the following manner:
A. All snow and ice falling or formed thereon shall be removed
within 10 hours after the same shall have ceased to fall or be formed, provided
that snow or ice that has ceased to fall or to be formed after 6:00 p.m. of
any evening may be removed at any time before 10:00 a.m. of the following
morning. Further, no such snow or ice shall be placed upon any street or alley.
B. All obstructions of any nature whatsoever located upon
a sidewalk as defined herein shall be removed therefrom immediately by the
property owner so that the passage of pedestrians along such sidewalk shall
not become dangerous or be interfered with.
C. Any sidewalk that falls in disrepair so that the area
of the walkway has contained therein potholes or damaged areas or areas that
have risen because of weather or other factors so that there is more than
a three-inch difference between the area which has risen or fallen shall be
immediately repaired so that the same does not cause a dangerous condition
to pedestrians and persons using said sidewalk.
Any person engaged in delivering any goods, wares or merchandise to
any property abutting upon any sidewalk or in removing any personal property
of any nature or character whatever from such property may temporarily, for
a total period of not more than three hours, place such goods, wares or merchandise
or other personal property upon such sidewalk as to facilitate the loading
or unloading of the same so long as passage by pedestrians on said sidewalk
is not obstructed. The occupant of such property or the owner thereof, where
such property is not occupied, shall be responsible for adhering to the requirements
of this section, and any failure to conform to such requirements shall constitute
a violation of this article.
Any person desiring to disturb the surface of any sidewalk, for any
purpose whatever, shall first obtain a permit from the Hempfield Township
Ordinance Office, for which the fee shall be $15 for each week or fraction
thereof the surface remains open or disturbed. The permit shall state any
safety requirements, the manner of reconstruction and an expiration date.
The requirement of said permit is in addition to and does not substitute for
any other requirements as set forth in this article or any other ordinance
of the Township of Hempfield pertaining to construction, reconstruction, repair,
repaving and maintenance of said sidewalk, provided that no other permit with
respect to obstruction of the sidewalk required by this article shall be necessary.
It shall be unlawful for any person, firm or corporation engaged in
selling goods, wares or merchandise or occupying stores or warehouses within
the Township of Hempfield or any other person, firm or corporation to place
upon the sidewalks of the Township of Hempfield, or stand upon, shall for
support, erected upon or extending over the sidewalks or any part thereof
any goods, wares or merchandise for sale, display or storage.
No steps, signs, platforms, passageways, enclosures, bulk or jut windows,
porches or jambs or any other similar obstructions shall be placed in or upon
sidewalks.
As used in this article, the following terms shall have the meanings
indicated:
PERSON
Any natural person, partnership, association, municipal authority,
firm or corporation. The singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996
by Ord. No. 96-4]
Any person, partnership or corporation who or which shall violate the
provisions of this article shall, when found by the District Justice to have
violated this article, be subject to a civil fine not to exceed $600, plus
all court costs and reasonable attorney's fees incurred by Hempfield
Township in the enforcement of this article in a civil enforcement proceeding.
Each day's violation shall constitute a separate enforceable offense.
[Adopted 6-25-2001 by Ord. No. 2001-13]
Unless the context specifically indicates otherwise, the meanings of
the terms used in this article shall be as follows:
APPLICANT
The person who has applied for a right-of-way permit or a construction
permit.
APPLICATION
The form prescribed by the township which the applicant must complete
in order to obtain a right-of-way permit.
CONSTRUCTION
The building, erection, or installation in, on or under a right-of-way.
It does not include maintenance or repair of equipment in a right-of-way.
CONSTRUCTION PERMIT
The document that must be obtained before a person may perform construction
in a right-of-way.
EMERGENCY
An interruption of service or a condition that poses a clear and
immediate danger to life or health, or significant loss of property.
EQUIPMENT
Any tangible property located or proposed to be located in a right-of-way,
including, but not limited to, wires, lines, cables, conduits, pipes, supporting
structures or other facilities.
IN
When used in conjunction with rights-of-way, means over, above, in,
within, on or under a right-of-way.
MAINTENANCE
Work of a minor nature that will keep an existing condition from
failure or decline.
PERSON
Any individual, firm, partnership, association, corporation, company
or other business entity.
RESTORE OR RESTORATION
The process by which a right-of-way is returned to a state that is
as good or better as its condition before construction.
RIGHT-OF-WAY
The surface and space in, on, above and below any real property in
which the township has an interest in law or in equity, including, but not
limited to, any public street, boulevard, avenue, road, highway, easement,
freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge,
park, green space or any other place.
RIGHT-OF-WAY PERMIT or PERMIT
A written authorization granted by the township to an applicant for
use of the rights-of-way in the township for wires, lines, cables, conduits,
pipes, supporting structures and other facilities.
TELECOMMUNICATIONS SERVICES
The services offered to customers involving the transmission of video,
data and/or voice communications and/or content, both active and interactive
and associated usage.
A right-of-way permit may be transferred or assigned, upon 30 days'
written notice to the township, provided that the transferee/assignee agrees
in writing to comply with all of the obligations and requirements contained
in this article.
A permit holder may be required, prior to construction, to obtain a
performance bond in a reasonable amount set by the township based upon the
construction cost of the equipment to be installed in the rights-of-way and
the extent of the disturbance of such rights-of-way. The performance bond
shall ensure the permit holder's faithful performance of its construction
obligations. The township may reduce or cancel the bond requirement when construction
is completed.
If the township has reason to believe that the permit holder violated
any of the terms of this article, it shall notify the permit holder in writing
of the nature of the violation and the section of this article which it believes
has been violated. The permit holder shall have 20 business days to cure the
violation. If the nature of the violation is such that it cannot be fully
cured within such time period, the township may, in its reasonable judgment,
extend the time period to cure. If the violation has not been cured within
the time period allowed, it shall be subsequently punishable by a fine of
up to $100 per day until the violation is cured.
The township, by granting any permit under this article, does not waive,
lessen, impair or surrender the lawful police powers vested in the township
under applicable federal, state and local laws pertaining to the regulation
or use of the rights-of-way.
The provisions of this article shall be imposed upon and enforced against
all persons requiring a permit from the township.