Township of East Manchester, PA
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 2-17-1993 by Ord. No. 2-17-93; amended in its entirety 7-8-2003 by Ord. No. 2003-4 (Ch. 85, Art. III, of the 1988 Code)]

§ 203-16 Authorization and criteria.

The Township is hereby authorized to require sidewalks and curbs along public streets and roads of the Township, under the following criteria:
A. 
For all subdivision and land development plans filed with East Manchester Township on or after July 13, 2003, sidewalks and curbs shall be required on both sides of all streets within or bordering the subdivision or land development, applying the criteria in §§ 208-47, 208-55 and 208-56 of Chapter 208, Subdivision and Land Development, of the Code of the Township of the East Manchester, unless the Board of Supervisors of the Township determines in their sole discretion to delay such construction pursuant to Subsection B.
(1) 
For all subdivisions or land developments for which sidewalks and curbs are required as part of the subdivision approval pursuant to § 208-47, all sidewalks and curbs shall be required to be completed before a use and occupancy permit will be issued for each property, or within five years of the final subdivision approval pursuant to Chapter 208, Subdivision and Land Development, whichever first occurs.
B. 
For all subdivisions and land development plans filed after July 13, 2003, for which the immediate construction of sidewalks and curbs is not a condition of approval, pursuant to Subsection A, the Board of Supervisors of the Township shall require a note to be placed on the subdivision or land development plan prior to approval of the plan stating that the Board shall have the right to order the placement of sidewalks and/or curbs within the subdivision or land development as they shall deem appropriate, by the property owner and at the property owner's expense. In the event that the Board shall in the future require sidewalks and/or curbs pursuant to this subsection, the note, Subsection C, or Chapter 208, Subdivision and Land Development, such action shall be by a motion of the Board of Supervisors duly approved at a public meeting. Such motion shall give the property owner six months to construct the required sidewalks and/or curbs.
C. 
This article shall also apply to all subdivisions or land development plans filed or approved prior to July 13, 2003, on which a sidewalk note was placed at the time of approval.

§ 203-17 Design and construction.

Such sidewalks and curbs as shall be required pursuant to this article or § 208-47 shall be built pursuant to East Manchester Township's Construction and Materials Specifications for Land Development Manual[1] adopted by the Board of Supervisors by resolution, as may be amended from time to time by resolution. All such construction shall include the restoration to at least preconstruction condition of any and all streets or ground disturbed as a result of such construction.
[1]
Editor's Note: See Ch. A260, Construction and Material Specifications.

§ 203-18 Maintenance and repair.

The property owner on whose property any sidewalk and/or curb sits, or, if none, the property owner along whose property the sidewalk and curb runs, shall be responsible for maintaining and repairing all sidewalks and curbs, which shall include repair or replacement of said sidewalks and curbs. The Township reserves the right to determine and direct the extent and nature of the repairs required, in its sole discretion. In the event that the Township notifies an owner of required maintenance or repair on said sidewalks and/or curbs, said sidewalks and/or curbs or the portion of said sidewalks and/or curbs which the Township designates for maintenance or repair, must be repaired by the property owner within 30 days after notice by the Township of the requirement for the maintenance or repair, subject to the permitting requirements of § 203-22. However, if such maintenance or repair is required between or during the months of December through February, such maintenance or repairs shall be completed by March 31, unless that time is extended by the Codes Enforcement Officer as a result of inclement weather conditions which, in the sole discretion of the Codes Enforcement Officer, made such maintenance or repairs impossible by March 31.

§ 203-19 Costs.

All costs for construction of said sidewalks and curbs shall be paid for by the property owner on whose property the sidewalks or curbs are constructed, or, if none, by the property owner along whose property the curbs and sidewalks are constructed, unless waived by the Township Board of Supervisors. Such property owner shall also bear the cost of maintenance and/or repairs of said sidewalks and curbs.

§ 203-20 Removal of ice and snow.

A. 
All sidewalks shall be kept in an ice- and snow-free condition at all times, and the landowner on whose property the sidewalk is located, or, if none, the property owner along whose property the sidewalk runs, shall have 24 hours after a snow storm or weather event ceases which causes the buildup of snow or ice on the sidewalk to remove said snow or ice for the width of the sidewalk for the entire length of the sidewalk which is on or abuts the landowner's property.
B. 
Notwithstanding the provisions of §§ 203-21 and 203-23, the Codes Enforcement Officer shall have the authority to issue a citation for violation of this section, and, after conviction by a Magisterial District Judge, the violator shall pay a fine of $50 plus costs for the first offense within a season, and $100 for each subsequent offense within a season. For purposes of this section, a season shall be described as the months of October through April. Each day the snow or ice remains on the sidewalk shall constitute a separate and distinct offense.
C. 
No notice shall be required from or on behalf of the Township prior to the issuance of a citation under this section.

§ 203-21 Obstruction and hazards.

A. 
All sidewalks shall be kept free from all obstructions or hazards, whether temporary or permanent, including, but not limited to, bushes, shrubs, foliage, or basketball hoops or other structures extending out over the sidewalk, or which interfere with unimpeded travel on the sidewalks.
B. 
Notice by the Township of the requirement to remove such obstruction shall be given by the Township by placing a notice on the obstruction, if appropriate, and by placing a notice on the door of the principal building on the tract as determined by the Township.
(1) 
Such notice shall advise the property owners that, if they fail to remove the obstruction or hazard within 48 hours, then the Township will enter onto the premises and remove the obstruction or hazard, that the Township will bill the property owners for the cost of such removal, if appropriate, that the obstruction or hazard will be removed to the Township building and stored for no more than 30 days, that the property owners will have the right to retrieve the structure that was removed, that the property owners will have to pay the cost of removal prior to retrieving the removed structure, and that the property will be disposed of after 30 days if unclaimed.
C. 
In the event that the property owners do not remove the obstruction or hazard within 48 hours after the issuance of the notice by the Township, then the Township shall be authorized to enter onto the sidewalk and remove said nuisance or hazard, either by trimming bushes, shrubs, or foliage, or by removing the structure. In the event that the Township or its personnel deem the obstruction or hazard to constitute an immediate danger to all or a portion of the public, then the Township may, in its discretion, remove or move the obstruction or hazard immediately, without prior notice to the property owners. In that event, the Township shall take the minimum action which in its sole discretion it deems necessary to remove the immediate danger, and shall notify the property owners of its action and the obstruction or hazard as otherwise required by this section. Any structures removed from the premises will be taken to the Township building, and can be retrieved by the owner upon payment of the costs to the Township for such removal, including the wages of the employees needed to move the structure, and the equipment costs necessary to move the structure. The Township shall notify the property owners of the removal of the obstruction by posting a notice on the door of the principal structure on the premises as determined by the Township. Any property not collected within 30 days after removal of the structure shall be disposed of by the Township. The Township shall bear no liability for damages done to any structure while removing an obstruction, or while the structure that was moved is being transported or stored by the Township.
D. 
Notwithstanding the provisions of §§ 203-20 and 203-23, the Codes Enforcement Officer shall have the authority to issue a citation for violation of this section, and, after conviction by a Magisterial District Judge, the violator shall pay a fine of $50 plus costs.
E. 
In addition to any penalties set forth in Subsection D, the Township shall have the right, either in addition to or instead of penalties available under Subsection D, to collect the costs of removal of such obstruction or hazard by any means lawfully available to it, including, but not limited to, the placing of a municipal lien on the property, an action against all property owners for the cost of removal of the obstruction or hazard, and any and all costs of collection, including inspection, enforcement, and attorney's fees and costs.

§ 203-22 Permit, inspections, and construction deadlines.

A. 
Prior to the construction or replacement of any sidewalk or curb, or any portion thereof, the property owner and the contractor performing such construction shall be responsible for obtaining a permit from the Township's Codes Enforcement Officer. In applying for the permit, the property owner or the contractor shall provide a drawing or sketch plan showing the location of all curbs and sidewalks to be constructed.
B. 
There shall be a fee for the issuance of the sidewalk permit, which fee shall be set by resolution of the Board of Supervisors from time to time.[1]
[1]
Editor's Note: The fee schedule is available in the Township offices.
C. 
As part of the permitting process, the following inspections shall be conducted by the Codes Enforcement Officer:
(1) 
An inspection after the stone base has been laid and the forms have been built, but before any concrete is poured.
(2) 
A final inspection after the concrete has been poured and before the forms have been removed.
(3) 
After the restoration of any streets or ground which have been disturbed as a result of the construction of the sidewalk or curb.
D. 
All permits issued shall be for a period not to exceed three months, and all inspections required pursuant to this section shall be completed prior to the expiration of the permit. Property owners or contractors shall be granted one permit extension for an additional three months as of right upon application for such extension to the Codes Enforcement Officer. Any additional extensions shall be at the discretion of the Board of Supervisors.

§ 203-23 Violations and penalties.

A. 
Failure to comply with this article or, when appropriate, with §§ 208-47, 208-55 and 208-56 of Chapter 208, Subdivision and Land Development, as amended, shall constitute a violation of this article.
B. 
Except for violations pursuant to §§ 203-20 and 203-21, upon finding of a violation of this article by a Magisterial District Judge in a summary criminal proceeding, then the Magisterial District Judge may assess a fine against the violator in an amount of up to $1,000 per day, except as otherwise specified in this article. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate and distinct violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Nothing in this article shall prevent the Township, either in addition to or instead of penalties available under Subsection B, at its sole discretion, from entering onto the property and constructing or repairing the required sidewalks and/or curbs at any time after the six months' notice period has expired. In the event the Township does so, it may collect the costs of such construction and any and all costs of collection, including inspection, enforcement, and attorneys' fees, and costs, by any means lawfully available to it, including, but not limited to, the placing of a municipal lien on the property, an action against all property owners for the cost of the installation of the sidewalks and/or curbs, subject to the following:
(1) 
Prior to commencing the work authorized by this subsection, the Township shall first notify the property owner of its intention to commence the work and the date on or after which it intends to commence the work, by sending such notice to all property owners at the address listed in the East Manchester Township tax assessment book, and at the property address if different, of its intention to commence the construction. Such notice shall identify the property in question, shall outline in a general way the scope of work which will be commenced, shall state the date on or after which construction shall commence, shall advise the landowners that they will be obligated to pay for such construction, shall advise them of the penalties for noncompliance, and shall advise them that they have 14 days from the date of the notice to notify the Township that they have made alternate arrangements for such construction, and the date on which such construction will commence. In the event that the work is not commenced on the specified commencement date, or on any extension of that date granted by the Township, then the Township may enter onto the property as authorized by this subsection upon seven days' notice to the property owner.

§ 203-24 Enforcement officials.

For purposes of this article, the Codes Enforcement Officer shall be that person designated by the Township to enforce the provisions of this Code, which shall include the Township Secretary, the Township Manager, if any, and the Township Zoning Officer, or any other person so authorized by the Board of Supervisors from time to time.