[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)]
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.
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.
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.
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.
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 ticket for violation of this section, and the violator shall pay a fine of $50 for the first offense within a season and $100 for each subsequent offense within a season. The ticket shall be payable by cash, check or money order at the Township office within five business days of the date of the ticket. 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. In the event the violator fails to pay the applicable ticket within the five-day deadline, the Codes Enforcement Officer shall have the authority to issue a citation for each violation of this section, and, after conviction by a Magisterial District Judge, the violator shall pay a fine as set forth in this subsection, plus court costs and attorney fees.
[Amended 12-11-2018 by Ord. No. 2018-4]
C.
No notice shall be required from or on behalf of the
Township prior to the issuance of a citation under this section.
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.
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.
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.
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.
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]
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.
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.
