[Adopted 10-26-1995 by Ord. No.
26-1995 as Sec. 15-4 of the 1994 Code]
As used in this article, the following terms
shall have the meanings indicated:
A monolithic concrete structure of standard dimension.
A concrete curb, without monolithic gutter, also of standard
dimension.
Includes paving, repaving, curbing, recurbing, repairing,
improving and altering.
Both horizontal and vertical alignment prepared by the Township
Engineer or by a professional engineer licensed to practice in this
state and approved in writing by the Township Engineer.
That portion of the sidewalk containing a hard surface of
Portland cement concrete.
That portion of the dedicated street right-of-way between
the existing or proposed curbline and the right-of-way line.
The specifications and drawings governing the same on file
in the office of the Township Engineer.
The construction and reconstruction, paving
and repaving, curbing and recurbing, repairing, altering or improving,
and the maintaining of the sidewalks of public streets and highways
of the Township shall be as prescribed by this article.
A.
Materials. The material to be used for the construction
of concrete curbs and gutters, vertical curbs or sidewalk pavement
shall be Portland cement concrete 4,000 psi. The material to be used
for the construction of granite block curbs shall be Belgian block.
[Amended 3-12-2003 by Ord. No. 4-2003]
B.
Dimensions. Sidewalks shall not be less than four
feet in width and not less than four inches in thickness, except that
where driveways cross the sidewalks the thickness shall not be less
than six inches.
C.
Grade. Curbs and sidewalk pavements shall be constructed
substantially to established grade, but shall be connected to an adjoining
sidewalk in such a manner as to afford a substantially continuous
surface without an abrupt break or change of grade. The sidewalk shall
have a cross slope toward the curbline of 1/4 inch per foot of width
and shall be raised from the top of the curb to the proportion of
not more than 1/2 inch nor less than 1/4 inch for each foot between
the curb face and the near edge of the sidewalk.
D.
Specifications. Curbs and sidewalk pavement shall
be constructed in accordance with specifications governing same on
file in the office of the Township Engineer.
E.
Shade trees. Nothing in this article shall be construed
to permit or authorize any interference with or injury to a shade
tree located within the sidewalk without specific approval of the
Department of Public Works.
It shall hereafter be the duty of the owner
or occupant of any real property in the Township fronting or abutting
any public street or sidewalk to construct, repair or maintain the
curbs, public sidewalks and grass medians between the curbs and sidewalks
in front of such property whenever curbs or sidewalks are required
or, being already installed, shall be in such disrepair as to constitute
a hazard to the general public using the aforementioned areas unless
they are repaired or maintained. In the case of curbs, sidewalks and
grass medians between the curbs and sidewalks, such repairing, grading
and maintaining shall be done without formal notice from the Township
when the need arises.
A.
Notwithstanding the duty imposed by § 216-38, repairs or maintenance of any sidewalks, curbs or grass medians between the curbs and sidewalks shall be required whenever the Township Council, upon 30 days' notice to the owner or occupant of such abutting property and an opportunity to such abutting owner or occupant to be heard, shall determine, by resolution, that such repairs, grading or maintenance, at the expense of the abutting owner or occupant, is reasonably necessary for the safety of the public.
B.
Notice of the adoption of the resolution shall also
specify the work to be done by the owner or occupant, shall contain
a description of the property sufficient to identify it, and shall
advise the owner or occupant that the required work must be completed
within 60 days from the date of service of the notice.
C.
Whenever any such lands are unoccupied and/or the
owner cannot be found within the Township, the notice may be mailed,
postage prepaid, to the post office address of such owner, if same
can be ascertained. If the post office address of such land owner
cannot be ascertained, then such notice shall be sent to the address
listed in the Township tax records, if any, and inserted in the official
newspaper of the Township once a week for two weeks.
A.
Failure of owner to repair; repair by Township. If
the owner of lands receiving notice shall not comply with the requirements
of such notice, the Township Clerk, upon filing proof of service with
the Township Council, shall cause the required work to be done and
paid for out of the moneys of the Township available for that purpose.
B.
Lien. The cost of such work shall be certified by
the Township Clerk to the Council, which shall examine same and, if
found correct, shall cause such cost to become a lien upon the abutting
lands in front of which such work was done, to the same extent that
assessments for local improvements become liens, and shall be collected
in the manner provided by law for the collection of such other assessments
and shall bear interest at the same rate.
C.
Lien to be noted on lien searches. In all searches
against any lands affected by any such improvement, it shall be the
duly of the Township official making such search to set out the amount
due and unpaid for such repairs or improvements, if such amount appears
of record. If the amount of such cost shall not yet have been reported
as herein provided for, it shall be the duty of such officer to set
forth on the search, in brief, a reference to the repairs or improvements
and the fact that notice was given to the owner to repair.
D.
Additional liability of owner. In addition thereto,
the Township may have an action to recover such amount against the
owner of such lands, in any court having competent jurisdiction thereof,
and a certified copy of the certificate of lien shall, in such action,
be prima facie evidence of the existence of the debt due from such
owner to the Township.
E.
All moneys recovered or paid to the Township under
the provisions of this section shall be credited to the account out
of which the cost for such work was paid.
The unpaved portion of a sidewalk shall be neatly
and sufficiently covered and maintained with gravel, broken stones,
grass or sodding by the owner of the abutting lands. Between the curb
and paved sidewalk, the unpaved portion of the sidewalk shall be graded
to afford a substantially continuous surface with the curb and the
sidewalk pavement.
