[Adopted 7-13-1966 by Ord. No. 50]
A.
For the purpose of this article, the term "Township
street" shall mean a street appearing on the Township map which has
become a Township street through dedication, prescription, petition
and acceptance or condemnation.
B.
The provisions of this article shall not apply to the setting or resetting of curbstones, laying or relaying of sidewalks or footways or gutters on or along Township streets where such work is the obligation of a subdivider or developer under the land subdivision regulations in Chapter 312, Subdivision and Land Development, of the Code of the Township of South Whitehall.
It shall be the duty of every owner of lots
or real estate, and they are hereby enjoined and required, previous
to the setting or resetting of curbstones, laying or relaying of sidewalks
or footways or gutters on or along any street in the Township of South
Whitehall, to make application to the Township Secretary for a survey,
which application shall be directed to the Township Engineer requesting
him to fix the line and grade for the setting or resetting of curbstones,
the laying or relaying of sidewalks or footways or gutters, and to
endorse on the back of the request for survey the date when such survey
was made, and such endorsement by the Township Engineer shall be sufficient
authority for such owner, contractor or laborer to commence and complete
along such lot or ground as may be described in such request for survey
and in accordance with the regulation, rules and specifications fixed
and established by ordinance and resolution, and none other, to set
or reset curbstones, lay or relay sidewalks or footways and gutters,
for which such request for survey has been granted.
[Amended 8-12-1974 by Ord. No. 211[1]]
Prior to the establishing of line and grade
for curbing, sidewalks, footways and gutters, the applicant shall
pay to South Whitehall Township a permit fee in an amount established
from time to time by resolution of the Township Board of Commissioners.
[Amended 8-12-1974 by Ord. No. 211]
If any curbing, sidewalks, footways or gutters
are constructed after the effective date of this article and the requirements
relating to line and grade set forth in this article are not met,
the Commissioners of the Township of South Whitehall shall have the
authority to require that the owner of the property or properties
whose land the curbing, sidewalks, footway or gutters pass or upon
whose land it abuts, shall remove the curb, sidewalk, footway or gutter
and that said owners shall install a curb, sidewalk, footway or gutter
in compliance with this article. If the owner of the lots or real
estate shall not within 90 days of the receipt of written notice from
the Township Secretary remove and reinstall curb, sidewalk, footway
or gutters as requested by the Commissioners, the Commissioners shall
have the right to remove and reinstall said curb, sidewalk, footway
or gutter and assess the owners of the property or properties through
which the said improvement passes or upon whose land it abuts for
the cost thereof according to the front foot rule. If the owner or
owners shall refuse to pay the assessment within 90 days of the receipt
of notice, the Township Solicitor shall collect the same, with interest
from 30 days after the completion of the improvement, by action of
assumpsit, or by lien to be filed and collected in the same manner
as municipal claims.
